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# Mark Diaz & Associates

Texas Criminal Defense Attorneys

## Posts

### [Blog](https://texascriminaljustice.com/blog/)

**Published:** May 15, 2015
**Author:** Mark Diaz & Associates

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### [Science Has Proven That Innocent People Can Be Talked Into Confessing](https://texascriminaljustice.com/science-has-proven-that-innocent-people-can-be-talked-into-confessing/)

**Published:** July 12, 2026
**Author:** Mark Diaz & Associates

**Content:**

![In Galveston County, knowing how false confessions happen is important for judging if a statement is reliable and for protecting the rights of the accused.](https://texascriminaljustice.com/wp-content/uploads/2026/07/Science-Has-Proven-That-Innocent-People-Can-Be-Talked-Into-Confessing.png "Science Has Proven That Innocent People Can Be Talked Into Confessing")Confessions are often seen as the most convincing evidence in a criminal case. Many people think an innocent person would never admit to something they didn’t do. But years of research and real-life cases have shown this isn’t always true. Sometimes, innocent people confess to crimes they didn’t commit, which can lead to arrests, charges, and even years in prison. Studies show that certain interrogation tactics and psychological pressure can push innocent people to make false statements. In [Galveston County](https://www.galvestoncountytx.gov/), knowing how false confessions happen is important for judging if a statement is reliable and for protecting the rights of the accused.

## Why People Assume Confessions Must Be True

Most jurors come into court thinking a confession is strong proof of guilt. It seems straightforward: if someone admits to a crime, people usually believe they did it.

But the truth is more complicated. People don’t always act the way we expect. Fear, stress, tiredness, confusion, and pressure can affect decisions in ways most people don’t realize. Decades of research show that innocent people sometimes admit to things they never did when under certain conditions.

This reality has been confirmed by numerous wrongful conviction cases throughout the United States. In many of those cases, DNA evidence later proved that individuals who confessed were actually In several cases, DNA evidence later proved that people who confessed were actually innocent. Still, their statements were used against them in court. Research has identified several categories of false confessions. Some occur when individuals confess voluntarily. Others happen after intense questioning and interrogation.

Studies have shown that [prolonged questioning](https://innocenceproject.org/false-confessions/) can create significant mental pressure. A suspect may become exhausted, overwhelmed, anxious, or desperate to end the interrogation process. In some situations, a person may begin to believe that confessing is the quickest way to leave the interrogation room.

Researchers have also found that repeated accusations can influence memory and perception. When investigators repeatedly tell a suspect that evidence proves guilt, some individuals begin questioning their own recollections. This effect can become even stronger when a person is young, vulnerable, intellectually challenged, sleep-deprived, or emotionally distressed.

Scientific studies involving mock interrogations have repeatedly demonstrated that innocent participants can be persuaded to accept responsibility for events that never occurred. These findings have been published and analyzed for decades and continue to influence discussions regarding interrogation practices throughout the criminal justice system.

### How Police Interrogations Can Influence Innocent Suspects

Police officers are trained to investigate crimes and obtain information. Many interrogations are conducted professionally and lawfully. However, certain interrogation techniques can create conditions that increase the risk of false confessions.

An interrogation often begins after investigators conclude that a suspect is likely responsible for a crime. Once that assumption is made, questioning may focus on obtaining an admission rather than exploring alternative explanations.

An innocent suspect may believe that cooperation will quickly clear up a misunderstanding. Unfortunately, that assumption is not always correct. Hours of questioning, repeated accusations, confrontational tactics, and assertions that evidence proves guilt can gradually wear down even an innocent individual.

Some suspects eventually begin making statements simply to escape the stressful environment. Others may believe that a confession will allow them to go home or receive more favorable treatment. In reality, those admissions frequently become some of the strongest evidence used by prosecutors.

### False Confessions And Wrongful Convictions

One of the most troubling aspects of [false confessions](https://pmc.ncbi.nlm.nih.gov/articles/PMC11961347/) is their connection to wrongful convictions.

Organizations that investigate wrongful convictions have identified numerous cases in which innocent individuals confessed before later being exonerated. In many of these cases, jurors focused heavily on the confession despite conflicting evidence.

A confession often carries enormous weight because it appears to come directly from the accused person. Jurors may struggle to understand why an innocent individual would admit guilt. As a result, confession evidence can sometimes overshadow weaknesses in the prosecution’s case.

The danger becomes even greater when investigators develop tunnel vision after obtaining a confession. Once a confession is secured, there may be less focus on pursuing alternative suspects or examining evidence that points in another direction.

This is one reason why defense attorneys frequently examine the circumstances surrounding a confession rather than simply accepting it at face value.

### Texas Law And The Admissibility Of Confessions

Texas law contains important protections regarding statements made during custodial interrogations.

Article 38.22 of the Texas Code of Criminal Procedure establishes rules governing the admissibility of certain statements made by an accused person. In many situations, a statement resulting from custodial interrogation may be admissible only if specific legal requirements are satisfied.

The statute addresses issues such as warnings regarding constitutional rights and the circumstances under which statements may be introduced in court. Failure to comply with these requirements can create legal challenges regarding admissibility.

Additionally, the Fifth Amendment to the United States Constitution protects individuals from being compelled to incriminate themselves. Miranda warnings are intended to inform suspects of these rights before custodial questioning occurs.

When law enforcement officers fail to follow required procedures, courts may exclude statements obtained in violation of constitutional or statutory protections.

### The Importance Of Recording Interrogations

Recording interrogations has become increasingly important in evaluating confession evidence.

A recording allows courts, attorneys, and jurors to observe what actually occurred during questioning. Without a recording, disputes often arise regarding what was said, how statements were made, and whether pressure was applied.

A complete recording can reveal details that are not apparent from a written report. Tone of voice, length of questioning, interruptions, promises, threats, and the suspect’s physical condition may all become relevant factors.

Recordings can help distinguish between reliable confessions and statements that may have resulted from coercion, confusion, or misunderstanding.

### Juveniles And Vulnerable Individuals Face Greater Risks

Research consistently shows that certain individuals are more susceptible to false confessions than others.

Juveniles often lack the life experience necessary to fully understand the consequences of police questioning. Young people may be more likely to comply with authority figures and may focus on short-term outcomes rather than long-term legal consequences.

Individuals with mental health conditions, developmental disabilities, intellectual limitations, or cognitive impairments may also face elevated risks during interrogations.

Stress, fear, sleep deprivation, substance withdrawal, and emotional distress can further affect decision-making. These factors do not automatically make a confession false, but they are important considerations when evaluating reliability.

Courts and defense attorneys frequently examine these issues when determining whether a statement should be admitted into evidence.

### How Defense Attorneys Challenge False Confessions

When a confession plays a major role in a criminal case, the defense must carefully investigate how the statement was obtained.

This process often involves reviewing recordings, police reports, witness statements, timelines, and other evidence. Attorneys may examine whether Miranda rights were properly provided, whether questioning complied with Texas law, and whether coercive tactics were used.

Psychological factors can also become important. In some cases, testimony regarding interrogation methods and false confession research may help explain why an innocent person made incriminating statements.

A confession should never be viewed in isolation. Instead, it should be evaluated alongside the physical evidence, witness testimony, forensic findings, and all other relevant facts.

### Why You Should Never Assume A Confession Ends The Case

Many people mistakenly believe that once a confession exists, there is no defense available. That is simply not true.

Confessions can be challenged. Statements can be suppressed. Interrogation practices can be scrutinized. Evidence can be tested. Witnesses can be questioned. Alternative explanations can be presented.

The legal system recognizes that confessions are not always reliable. That is why constitutional protections, statutory safeguards, and evidentiary rules exist.

Every criminal case deserves a careful examination of the facts. When a confession becomes part of the evidence, understanding how that statement was obtained may be one of the most important aspects of the defense.

## Frequently Asked Questions About False Confessions

### Can An Innocent Person Really Confess To A Crime?

Yes. Scientific research and numerous wrongful conviction cases have shown that innocent people sometimes confess to crimes they did not commit. Psychological pressure, fear, exhaustion, confusion, and certain interrogation tactics can contribute to false confessions.

### Why Would Someone Admit To Something They Did Not Do?

People may confess for many reasons. Some want to end a stressful interrogation. Others may believe cooperation will help them go home. Certain individuals become overwhelmed by repeated accusations and begin making statements they believe investigators want to hear.

### Are False Confessions Common?

False confessions are not present in every criminal case, but they occur often enough that researchers, courts, and criminal defense attorneys take them seriously. Numerous DNA exoneration cases have involved defendants who previously confessed.

### Can A Conviction Be Based Primarily On A Confession?

A confession can be powerful evidence, but prosecutors must still prove guilt beyond a reasonable doubt. The specific facts and evidence in each case determine how a confession is used and whether it can support a conviction.

### What Does Texas Law Require Before A Confession Can Be Used In Court?

Texas Code of Criminal Procedure Article 38.22 establishes important rules governing custodial statements. Courts may examine whether required warnings were given and whether legal procedures were properly followed before allowing certain statements into evidence.

### Can Police Lie During An Interrogation?

Under certain circumstances, courts have allowed investigators to use some forms of deception during questioning. However, the legality and effect of those tactics depend on the specific facts of the case and whether the resulting statement was voluntary.

### What Should I Do If Police Want To Question Me?

You have important constitutional rights. It is generally wise to remain calm, avoid making assumptions about the investigation, and understand your right to remain silent and your right to legal counsel before answering questions.

### Can A Lawyer Challenge A Confession?

Yes. Defense attorneys can challenge the admissibility, reliability, and circumstances surrounding a confession. Depending on the facts, courts may suppress statements or allow jurors to consider evidence regarding how the confession was obtained.

## Contact Our Criminal Defense Lawyer In Galveston To Defend Your Criminal Case

If law enforcement claims that you confessed to a crime, do not assume the case is over. Scientific research, wrongful conviction cases, and decades of criminal litigation have shown that innocent people can be persuaded into making statements that are inaccurate, misleading, or completely false. Every confession should be carefully examined to determine whether it was legally obtained and whether it is reliable.

At Mark Diaz & Associates, we represent individuals facing serious criminal charges in Galveston, Houston, and throughout the surrounding Texas communities. We thoroughly investigate the facts, challenge questionable evidence, and aggressively protect our clients’ constitutional rights.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been accused of a crime or believe law enforcement obtained an unfair or unreliable confession, call our [Galveston criminal law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and across the Houston, Texas area.

**Categories:** Criminal Defense Lawyer

**Tags:** Science Has Proven That Innocent People Can Be Talked Into Confessing

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### [Texas Child Abuse Charges: What Parents Need To Know Immediately](https://texascriminaljustice.com/texas-child-abuse-charges-what-parents-need-to-know-immediately/)

**Published:** July 10, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Advertisement banner for Mark Diaz & Associates law firm: ](https://texascriminaljustice.com/wp-content/uploads/2026/07/Texas-Child-Abuse-Charges.png "Texas Child Abuse Charges")Child abuse allegations in Texas are extremely serious. Just one report can lead to a criminal investigation, Child Protective Services involvement, limits on seeing your children, and even jail time. Many parents are surprised by how quickly things can escalate, even if they believe they did nothing wrong. Sometimes, these accusations come from misunderstandings, custody battles, school reports, medical issues, or things a child says. No matter how it starts, anyone under investigation for child abuse should take it seriously right away, since the consequences can impact your family, job, reputation, and freedom.

We represent individuals accused of serious criminal offenses throughout [Galveston](https://www.galvestoncountytx.gov/) and the Houston area. When child abuse allegations arise, understanding the law and protecting your rights immediately can make a significant difference in the outcome of a case.

## How Texas Law Defines Child Abuse

Texas law recognizes several different forms of conduct that may result in child abuse charges. Criminal cases involving alleged abuse are commonly prosecuted under [Texas Penal Code § 22.04](https://codes.findlaw.com/tx/penal-code/penal-sect-22-04/), which addresses Injury to a Child, Elderly Individual, or Disabled Individual.

Under Texas Penal Code § 22.04, a person may be charged if they intentionally, knowingly, recklessly, or through criminal negligence cause bodily injury, serious bodily injury, serious mental deficiency, impairment, or injury to a child who is fourteen years of age or younger.

This law covers many different situations. Prosecutors do not always need to show that a parent meant to cause serious harm. Cases involving discipline, supervision, accidents, medical care, or injuries at home can all lead to investigations. Since the law includes different mental states and types of injuries, these cases can be complicated and often involve disputes about the facts.

Many parents are surprised that investigators often look closely at whether an injury matches the explanation given by the parent or caregiver. Medical records, doctor opinions, photos, witness statements, and past reports are often key evidence.

### Physical Discipline And The Limits Of Texas Law

Texas recognizes a parent’s right to discipline a child under certain circumstances. [Texas Penal Code § 9.61](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=9) permits a parent, stepparent, guardian, or person acting in loco parentis to use force against a child when the force is reasonably believed necessary to safeguard or promote the child’s welfare, including maintaining discipline.

But this defense does not cover every situation. Prosecutors might say that discipline became a crime if too much force was used or if it caused serious injury. Bruises, broken bones, burns, head injuries, or other serious conditions can make investigators think a crime happened instead of legal discipline.

These cases are often highly fact-specific. The child’s age, physical condition, the nature of the discipline, the extent of any injury, and the surrounding circumstances may all become important issues during the investigation and prosecution.

### Understanding The Potential Criminal Penalties

The penalties associated with child abuse allegations can be severe. The level of punishment depends on the nature of the alleged injury and the mental state prosecutors claim existed when the injury occurred.

Under [Texas Penal Code § 22.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.04), causing serious bodily injury intentionally or knowingly can result in a first-degree felony. A conviction for a first-degree felony is punishable by 5 to 99 years’ or life imprisonment and a fine of up to $10,000 under [Texas Penal Code § 12.32](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.32).

Even when prosecutors allege reckless conduct rather than intentional conduct, serious bodily injury cases can still result in second-degree felony charges carrying penalties of two to twenty years in prison under [Texas Penal Code § 12.33](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=12.33).

Cases involving bodily injury that does not rise to the level of serious bodily injury may still result in felony charges depending on the facts. As a result, many defendants face the possibility of lengthy incarceration even when there was no intent to harm a child.

### What Happens During A Child Abuse Investigation

Child abuse investigations frequently involve both criminal investigators and Child Protective Services. While these are separate proceedings, information obtained in one investigation can affect the other.

Law enforcement officers may seek interviews with parents, children, relatives, teachers, medical providers, and neighbors. Investigators may request access to medical records, photographs, electronic communications, social media accounts, and other evidence.

Many people mistakenly believe they can clear up a misunderstanding simply by speaking with investigators. Unfortunately, statements made during interviews often become important evidence in a criminal prosecution. Even innocent explanations can sometimes be interpreted as admissions or inconsistencies.

Parents should understand that they generally have the constitutional right to remain silent and the right to consult with counsel before answering questions from law enforcement officers. Exercising those rights is not an admission of guilt. It is often a critical step in protecting oneself during a serious criminal investigation.

### Child Protective Services Involvement

When allegations involve a child, Child Protective Services often becomes involved quickly. CPS has the authority to conduct investigations regarding allegations of abuse or neglect. In some situations, CPS may seek temporary restrictions on parental contact or even attempt to remove children from a home.

Although CPS proceedings are civil matters, they can significantly affect criminal cases. Statements made to CPS investigators may later be used by prosecutors. Likewise, evidence developed during the criminal investigation may influence CPS decisions.

Parents frequently focus only on the criminal charges while overlooking the family consequences. The potential loss of custody or visitation rights can be devastating. Addressing both aspects of the case from the beginning is often essential.

### False Allegations And Misunderstandings

Not every child abuse allegation is accurate. We have seen cases arise from contentious divorces, custody disputes, disagreements among family members, mistaken medical conclusions, and misunderstandings regarding accidental injuries.

Children sometimes provide inconsistent statements, particularly when questioned repeatedly by multiple individuals. Medical conditions can occasionally mimic signs of abuse. Injuries resulting from ordinary childhood activities may also be misinterpreted.

A criminal accusation alone does not establish guilt. Prosecutors must prove every element of the offense beyond a reasonable doubt. Thorough investigation by the defense can reveal weaknesses in the government’s evidence, inconsistencies in witness statements, alternative explanations for injuries, or procedural problems in the investigation.

### Evidence Frequently Used In Texas Child Abuse Cases

Child abuse prosecutions often involve extensive evidence. Medical testimony frequently plays a major role because physicians are often asked to provide opinions regarding how injuries occurred.

The prosecution may rely on emergency room records, pediatric specialist reports, diagnostic imaging studies, photographs, videos, witness statements, text messages, social media communications, and prior reports involving the family.

Defense attorneys frequently work with independent medical professionals and other specialists to evaluate whether the prosecution’s conclusions are supported by the evidence. In many cases, careful review of medical records and witness statements reveals significant issues that may affect the strength of the government’s case.

### How A Conviction Can Affect Your Future

The consequences of a child abuse conviction often extend far beyond criminal penalties. A conviction can affect employment opportunities, professional licenses, educational opportunities, housing applications, and parental rights.

Individuals convicted of offenses involving children may face long-term reputational damage and significant challenges rebuilding their lives. In some situations, a conviction may influence future family court proceedings involving custody or visitation.

Because the stakes are so high, it is important to address these allegations aggressively and strategically from the earliest stages of the investigation.

### Why Early Legal Representation Matters

The earliest stages of a child abuse investigation are often the most important. Decisions made before charges are filed can affect the direction of the entire case. Evidence may need to be preserved, witnesses interviewed, records obtained, and communication with investigators carefully managed.

Many people wait until formal charges are filed before contacting an attorney. By that point, investigators may have already gathered substantial evidence and obtained statements that cannot be undone.

When serious allegations arise, immediate legal representation allows for a proactive response designed to protect constitutional rights and challenge the prosecution’s evidence from the beginning.

### Protecting Yourself After A Child Abuse Allegation

If you learn that you are under investigation for child abuse, avoid discussing the allegations with investigators without legal counsel present. Do not attempt to persuade witnesses to change statements, and do not destroy records or electronic communications.

Preserving evidence, following court orders, and obtaining legal representation quickly can significantly affect the outcome of a case. Every situation is different, and an individualized defense strategy is essential.

The reality is that child abuse allegations can place a parent in one of the most difficult situations imaginable. Understanding your rights and acting promptly can help protect both your freedom and your future.

## Galveston Child Abuse Charge Frequently Asked Questions

### Can I Be Charged Even If My Child Was Injured By Accident?

Yes. Texas law allows prosecutors to pursue charges based on different mental states, including criminal negligence in certain situations. Whether an accident constitutes a criminal offense depends on the specific facts, the nature of the injury, and the circumstances surrounding the event. An accidental injury does not automatically mean criminal charges are appropriate, but investigators will carefully examine how the injury occurred.

### Can Child Protective Services Take My Children During An Investigation?

In some situations, CPS may seek court intervention to remove a child or restrict parental access. The agency generally must follow specific legal procedures, and courts often become involved when significant action is requested. The facts of the case, the perceived risk to the child, and available evidence can all affect CPS decisions.

### Should I Talk To Police If I Know I Am Innocent?

Many innocent people believe they can quickly clear up a misunderstanding by speaking with investigators. Unfortunately, statements can be misunderstood, taken out of context, or used against the person making them. Before participating in an interview, it is generally wise to speak with a criminal defense attorney who can advise you regarding your rights and the risks involved.

### What Is The Difference Between Child Abuse And Child Neglect?

Child abuse generally involves conduct that allegedly causes physical or mental injury to a child. Neglect often focuses on a failure to provide necessary care, supervision, or protection. Depending on the circumstances, both types of allegations can lead to criminal investigations and CPS involvement.

### Can A Child Abuse Charge Be Dismissed?

Yes. Some cases are dismissed because evidence is insufficient, witness statements are inconsistent, medical conclusions are challenged, or constitutional issues arise during the investigation. Every case is different, and outcomes depend on the specific facts and available evidence. Early legal intervention often provides the best opportunity to identify weaknesses in the prosecution’s case.

## Contact Mark Diaz & Associates For Immediate Legal Help

A child abuse accusation can threaten your freedom, your family, your reputation, and your future. If you are under investigation or have already been charged with a child abuse offense, it is critical to take immediate action to protect your rights.

At Mark Diaz & Associates, we defend individuals facing serious criminal allegations throughout Galveston and across the Houston area. We thoroughly investigate the facts, challenge the prosecution’s evidence, and work aggressively to pursue the best possible outcome for our clients.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been arrested for child abuse, call our [Galveston child abuse lawyer](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Domestic Violence Defense Attorney

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### [Drug Charges After A Police Search In Galveston County](https://texascriminaljustice.com/drug-charges-after-a-police-search-in-galveston-county/)

**Published:** July 9, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Drug Charges After A Police Search In Galveston County](https://texascriminaljustice.com/wp-content/uploads/2026/07/Drug-Charges-After-A-Police-Search-In-Galveston-County.png "Drug Charges After A Police Search In Galveston County")## Understanding Drug Charges After A Police Search In Galveston County

Few events create more anxiety than having police officers search your vehicle, home, hotel room, or personal property and then claim they found illegal drugs. Many people assume that once drugs are discovered, a conviction is inevitable. That is simply not true. Under Texas law, the prosecution must prove much more than the mere presence of a controlled substance. The legality of the search, the manner in which evidence was collected, and whether the accused actually possessed the alleged drugs can all become important issues in a criminal case.

Drug arrests frequently occur in [Galveston](https://www.galvestoncountytx.gov/) and the greater Houston area. Law enforcement agencies regularly conduct traffic stops, execute search warrants, investigate citizen complaints, and perform narcotics operations. While police officers have the authority to investigate suspected criminal activity, that authority is limited by both the United States Constitution and Texas law. Evidence obtained through an unlawful search may be challenged and, in some cases, excluded from court.

We regularly represent individuals [charged with drug offenses](https://texascriminaljustice.com/drug-crimes/) after police searches. Whether the search involved a vehicle stop on Interstate 45, a residence in Galveston County, or a location in Houston, understanding your legal rights is often the first step toward protecting your future.

## How Police Searches Often Lead To Drug Charges

Drug charges frequently begin with a police encounter that appears routine. A traffic stop for speeding, a report of suspicious activity, a welfare check, or an investigation into another alleged offense may eventually lead officers to search a person or property.

In Texas, police officers sometimes rely upon consent searches. An officer may ask for permission to search a vehicle or residence. If consent is voluntarily given, officers may proceed without obtaining a warrant. In other situations, officers rely on probable cause, search warrants, inventory searches, or other legal exceptions to the warrant requirement.

Once officers claim to have discovered illegal substances, prosecutors often file charges under the Texas Controlled Substances Act, found in [Chapter 481](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf) of the Texas Health and Safety Code. The type of charge depends on the substance involved, the amount allegedly recovered, and the surrounding circumstances. What may appear to be a simple possession case can quickly become a serious felony carrying the possibility of substantial prison time.

### The Importance Of The Fourth Amendment And Texas Search Laws

One of the most important issues in any drug case is whether the search was lawful. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures. Texas law provides similar protections through [Article I, Section 9](http://statutes.capitol.texas.gov/docs/cn/pdf/cn.1.pdf) of the Texas Constitution.

Police generally must have a valid legal basis before conducting a search. In many situations, officers need a warrant supported by probable cause. Search warrants in Texas are governed by Chapter 18 of the Texas Code of Criminal Procedure. A warrant application must provide sufficient facts to justify the search and must comply with statutory requirements.

When officers conduct a search without proper legal authority, evidence obtained from that search may be subject to suppression. [Article 38.23](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=38.23) of the Texas Code of Criminal Procedure provides that evidence obtained in violation of state or federal law may not be admitted against a defendant in a criminal trial.

For that reason, we carefully examine every aspect of a police search. A search that initially appears lawful may contain constitutional or procedural defects that create opportunities for a strong defense.

### Drug Possession Charges In Texas

The most common drug charge following a police search is possession of a controlled substance. Under Texas Health and Safety Code Section [481.115](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.115) and related provisions, prosecutors must prove that a defendant knowingly or intentionally possessed a controlled substance.

Possession means more than merely being near drugs. The prosecution must establish that the accused exercised actual care, custody, control, or management over the substance and knew what it was. This distinction becomes particularly important when drugs are found in vehicles, residences, or locations occupied by multiple people.

For example, officers may discover narcotics inside a vehicle containing several occupants. Simply being present in the vehicle does not automatically establish possession. Prosecutors often attempt to prove possession through what are known as affirmative links. These may include statements, conduct, proximity to the drugs, ownership of property, or other circumstantial evidence.

Because possession cases frequently depend upon circumstantial evidence, careful examination of the facts is critical. Many cases contain weaknesses that may not be immediately obvious.

### Drug Penalty Groups And Potential Punishments

Texas categorizes controlled substances into different penalty groups. The penalties can vary dramatically depending upon the specific substance and amount involved.

Substances classified in Penalty Group 1, such as cocaine, heroin, methamphetamine, and fentanyl, generally carry some of the harshest penalties. Even relatively small amounts can result in felony charges. Larger quantities can lead to first-degree felony allegations and substantial prison exposure.

Prescription medications can also result in serious charges. Individuals are often surprised to learn that possessing certain medications without a valid prescription may lead to criminal prosecution.

Marijuana cases continue to be prosecuted in many Texas jurisdictions despite changing attitudes toward cannabis across the country. Depending upon the facts, marijuana possession charges may arise under Texas Health and Safety Code Section 481.121.

A conviction can lead to incarceration, fines, probation conditions, driver’s license consequences, and a permanent criminal record. These consequences often extend beyond the courtroom and affect employment opportunities, professional licenses, housing, and educational prospects.

### Search Warrants And Drug Investigations

Many serious drug cases begin with the execution of a search warrant. Narcotics investigators may spend weeks or months gathering information before seeking judicial authorization to search a residence, business, vehicle, or storage unit.

Although warrants carry significant legal authority, they are not immune from challenge. Courts expect officers to follow constitutional and statutory requirements when obtaining and executing warrants. Problems may arise if officers relied upon inaccurate information, omitted important facts, exceeded the warrant’s scope, or failed to follow required procedures.

Search warrant litigation can become one of the most important parts of a criminal defense strategy. When constitutional violations occur, the resulting evidence may become vulnerable to suppression.

Because drug cases often depend heavily upon physical evidence, successful suppression motions can significantly impact the prosecution’s ability to proceed.

### When Drug Charges Involve Intent To Deliver

A drug case becomes substantially more serious when prosecutors allege intent to deliver rather than simple possession. Texas Health and Safety Code Sections 481.112, 481.113, and related provisions address manufacturing and delivery offenses.

Prosecutors do not necessarily need evidence of an actual sale. Instead, they may attempt to infer intent to deliver from surrounding circumstances. Officers often point to factors such as packaging materials, digital scales, large quantities of drugs, cash, text messages, or other evidence they believe suggests distribution activity.

Intent-to-deliver allegations frequently carry significantly greater penalties than simple possession charges. As a result, challenging the prosecution’s interpretation of the evidence can be an important part of the defense.

We often find that evidence prosecutors view as proof of distribution may have alternative explanations that deserve careful examination.

### Defenses To Drug Charges After A Police Search

Every case is different, but several defenses commonly arise in Texas drug prosecutions. One of the most important involves challenging the legality of the search itself. If officers violated constitutional protections, the resulting evidence may be excluded from court.

Another common defense involves lack of possession. The prosecution must prove that the accused knowingly possessed the alleged drugs. When multiple individuals had access to the area where drugs were found, proving possession can become difficult.

Chain of custody issues may also arise. The State must establish that evidence was properly collected, preserved, tested, and presented. Problems in handling evidence can create questions regarding reliability and admissibility.

Laboratory testing is another area that deserves scrutiny. Prosecutors must prove that the substance recovered was actually an illegal controlled substance. Testing errors, reporting issues, and procedural mistakes occasionally become important factors in a defense strategy.

The strongest defense depends upon the specific facts of each case. Early investigation often helps identify opportunities that might otherwise be overlooked.

### Why Early Legal Representation Matters

The period immediately following an arrest can significantly affect the outcome of a criminal case. Statements made to law enforcement, bond conditions, evidence preservation, and strategic decisions all begin early in the process.

Many individuals mistakenly believe they can explain their way out of a drug case. Unfortunately, statements intended to help often provide prosecutors with additional evidence. Exercising the right to remain silent and obtaining legal counsel are usually important steps toward protecting one’s interests.

An experienced defense attorney can evaluate the search, review police reports, examine body camera footage, analyze warrant documents, and identify legal issues before critical deadlines pass. Early action frequently places the defense in a stronger position when negotiating with prosecutors or preparing for litigation.

## Galveston Drug Crime Charge Frequently Asked Questions

### Can Police Search My Vehicle During A Traffic Stop?

Not automatically. A traffic stop does not give officers unlimited authority to search a vehicle. Police generally need consent, probable cause, a valid warrant, or another recognized legal basis. Whether a particular search was lawful depends on the specific facts. Even when officers claim they had legal justification, courts may later determine that constitutional violations occurred.

### What Happens If Drugs Were Found In A Car With Multiple People?

The prosecution must prove more than simple presence inside the vehicle. Prosecutors must establish that you knowingly possessed the drugs and exercised care, custody, control, or management over them. When multiple occupants had access to the location where drugs were discovered, proving possession can become more challenging for the State.

### Can Drug Charges Be Dismissed Because Of An Illegal Search?

Yes, in some situations. If evidence was obtained through a search that violated constitutional protections or Texas law, the defense may seek suppression of that evidence. When critical evidence is excluded, prosecutors may face substantial difficulties proving the case. Each situation depends upon the specific facts and legal issues involved.

### What Is The Difference Between Possession And Intent To Deliver?

Possession involves knowingly possessing a controlled substance. Intent to deliver involves allegations that the defendant intended to distribute or transfer the substance to another person. Prosecutors often rely upon circumstantial evidence such as quantity, packaging, scales, cash, or communications to support intent-to-deliver allegations. These charges typically carry much harsher penalties.

### Should I Talk To Police After A Drug Arrest?

In most situations, it is wise to exercise your constitutional right to remain silent and consult with an attorney before answering questions. Many people believe they can clear up misunderstandings by talking to investigators. Unfortunately, statements made during questioning are often used by prosecutors later in the case. Obtaining legal guidance before making statements can help protect your rights.

## Drug Charges After A Police Search Can Have Serious Consequences

Drug arrests that result from police searches can carry life-changing consequences. A conviction may affect your freedom, finances, career, reputation, and future opportunities. The fact that officers claim they found drugs does not automatically mean the case against you is strong. Questions about the legality of the search, the validity of the evidence, and whether possession can actually be proven often become central issues in the defense.

At Mark Diaz & Associates, we represent individuals facing drug charges throughout Galveston County and across the Houston area. We carefully examine every aspect of the investigation, including search warrants, traffic stops, consent searches, laboratory testing, and constitutional issues. Our goal is to protect your rights and pursue the strongest defense available under Texas law.

## Call Mark Diaz & Associates To Discuss Your Drug Charges

If you were arrested on drug charges after a police search in Galveston County, Houston, or the surrounding areas, contact Mark Diaz & Associates today for a free consultation. Call our [Galveston drug crime lawyer](https://texascriminaljustice.com/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible. We proudly represent clients throughout Galveston County and throughout the city of Houston, Texas, and we are prepared to help you fight for the best possible outcome in your case.

**Categories:** Drug Crime Attorney

**Tags:** Drug Charges After A Police Search In Galveston County

---

### [Can You Go To Jail For A Probation Violation In Galveston?](https://texascriminaljustice.com/can-you-go-to-jail-for-a-probation-violation-in-galveston/)

**Published:** July 8, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Can You Go To Jail For A Probation Violation In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/07/Can-You-Go-To-Jail-For-A-Probation-Violation-In-Galveston.png "Can You Go To Jail For A Probation Violation In Galveston")Yes, you can go to jail for a probation violation in Galveston. We want you to understand this risk before going to court. In Texas, probation is called community supervision, and it does not make your case go away. Instead, a judge lets you serve your sentence under certain rules instead of going straight to jail or prison. If the State says you broke one of these rules, the judge can hold a hearing and decide whether to keep you on probation, change the terms, extend it, order jail time, or end probation completely. We help clients in [Galveston](https://www.galvestoncountytx.gov/) with probation violation cases, and we know these cases can move fast once a motion to revoke or adjudicate is filed.

## What Probation Means Under Texas Criminal Law

Probation in Texas is governed by [Chapter 42A](https://statutes.capitol.texas.gov/docs/CR/htm/CR.42A.htm) of the Texas Code of Criminal Procedure. The law refers to probation as community supervision, which means a judge suspends the imposition of a sentence, or in some cases suspends the sentence itself, and places the person under court-ordered supervision. The person must follow specific conditions, report as directed, avoid new arrests, pay required fees, complete classes, avoid drugs or alcohol when ordered, and comply with any other terms imposed by the court.

Under Texas Code of Criminal Procedure Article [42A.751](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A.751&Date=2%2F9%2F2023), if the State believes a person violated a condition of community supervision, the court may issue a warrant or summons and hold a hearing on the alleged violation. After that hearing, the judge may continue, modify, extend, or revoke community supervision. That means a probation violation is not automatically a jail sentence, but jail is always a real possibility once the violation is placed before the court.

Many clients find the uncertainty to be the hardest part. Missing an appointment, failing a drug test, not paying a fee, or getting arrested again can quickly turn a stable case into a serious problem. In Galveston County, judges look at the original offense, your history on supervision, the details of the alleged violation, and whether there is a pattern of not following the rules. We make sure the court hears your full story, not just what the State claims.

### Why A Probation Violation Can Lead To Jail

A probation violation can lead to jail because probation is meant to be an alternative to jail or prison. When a judge gives probation, you are avoiding jail or a longer sentence as long as you follow the court’s rules. If the judge decides you broke those rules, you could face consequences, including going to jail.

Texas Code of Criminal Procedure Article [42A.755](https://statutes.capitol.texas.gov/docs/CR/htm/CR.42.htm) states that if community supervision is revoked after a hearing, the judge may dispose of the case as if there had been no community supervision. In practical terms, this means the court can sentence the person within the punishment range for the original offense, subject to the type of probation and the terms of the case.

For example, if the original offense was a Class A misdemeanor, Texas Penal Code Section 12.21 allows punishment by a fine up to $4,000, confinement in jail for up to one year, or both. If the original offense was a Class B misdemeanor, Texas Penal Code Section 12.22 allows punishment by a fine up to $2,000, confinement in jail for up to 180 days, or both. These punishment ranges matter because a probation violation case often turns back to the punishment available for the underlying charge.

Felony probation violations are even more serious. Texas Penal Code Chapter 12 sets out felony punishment ranges, including state jail felonies, third-degree felonies, second-degree felonies, first-degree felonies, and capital felonies. A person on felony probation may be facing years in prison if probation is revoked, depending on the original charge, the plea agreement, the sentence imposed, and the court’s authority in that case.

### Common Reasons People Are Accused Of Violating Probation In Galveston

Probation violations usually fall into two broad categories. Some are technical violations, while others involve new criminal accusations. Both can be serious, but they are often handled differently depending on the facts.

A technical violation means the person is accused of breaking a probation rule that does not involve a new criminal offense. This may include missing a meeting with a probation officer, failing to pay fines or fees, not completing community service, missing a court-ordered class, failing to complete treatment, leaving the county without permission, or failing to maintain employment when required. A failed drug or alcohol test can also be treated as a violation, especially when the probation terms require sobriety or testing.

A new law violation means the person is accused of committing a new offense while on probation. This can include DWI, assault, drug possession, theft, family violence, unlawful weapon possession, or any other criminal allegation. A person does not always have to be convicted of the new charge before the State tries to use it as a probation violation. That is one reason these cases require careful defense work from the start.

We often see cases where the accusation looks simple, but there is more to the story. You might have missed a meeting because of work, illness, transportation issues, confusion about dates, or a family emergency. Falling behind on payments can happen because of job loss or medical bills. A failed test might be due to testing errors, prescription problems, or a misunderstanding about what was allowed. We know the State’s paperwork does not always show the full picture.

### What Happens After A Motion To Revoke Or Motion To Adjudicate Is Filed

When the State believes a person violated probation, prosecutors may file a motion to revoke probation or a motion to adjudicate guilt. The type of motion depends on the type of community supervision the person received.

A motion to revoke usually applies when the person was convicted and placed on regular community supervision. If the judge grants the motion, the court may revoke probation and impose a sentence based on the original conviction.

A motion to adjudicate usually applies when the person received deferred adjudication community supervision. Deferred adjudication means the judge did not enter a final conviction at the time probation was granted. If the judge later finds a violation and adjudicates guilt, the person may then be convicted and sentenced under the applicable punishment range for the offense.

Texas Code of Criminal Procedure Article 42A.751 gives the defendant the right to a hearing before the judge decides whether a violation occurred. The hearing is before the judge, not a jury. If the person is held in custody and has not been released on bail, the law provides a process for requesting a hearing within a specific time after a motion is filed by the defendant.

This hearing is extremely important. The State must prove the alleged violation by the required legal standard, and the defense may challenge the evidence, question witnesses, present documents, call witnesses, and argue for a better outcome. The goal may be to defeat the allegation, reduce the damage, keep the client on probation, or negotiate a resolution that avoids the harshest result.

### The Difference Between Regular Probation And Deferred Adjudication

The difference between regular probation and deferred adjudication can have a major impact on jail risk. With regular probation, the person has usually already been convicted and placed on supervision. If the judge revokes probation, the judge may impose the original sentence or another sentence allowed by law, depending on the case.

With deferred adjudication, the person has not been finally convicted unless the judge later adjudicates guilt. This can be beneficial when probation is completed successfully because it may help the person avoid a final conviction. However, if deferred adjudication is violated, the risk can be severe because the judge may adjudicate guilt and then sentence the person within the full range of punishment for the offense.

That is why a deferred adjudication violation should never be treated as a minor court matter. A person who accepted deferred adjudication may have done so believing it was the safest option. It may still be a good option in many cases, but a violation can put the person in a dangerous position if the court believes the supervision terms were ignored.

We carefully review your original plea papers, the rules of your supervision, the alleged violation, your history of following the rules, and any possible defenses. Sometimes, it is best to challenge the accusation. Other times, it is better to show the court you can stay on supervision with extra conditions, treatment, counseling, testing, or a plan to help you comply.

### Can The Judge Modify Probation Instead Of Sending Someone To Jail?

Yes, the judge may modify probation instead of sending someone to jail. Texas Code of Criminal Procedure Article 42A.752 allows the judge, after finding a violation, to continue or modify community supervision and impose other appropriate conditions. This may include additional programs, treatment, counseling, testing, community service, or other supervision terms.

This is a key point for anyone facing a probation violation in Galveston. Being accused of a violation does not always mean your probation will be revoked. Your lawyer can ask the judge to let you stay on supervision, especially if the violation was minor, a one-time mistake, had a good reason, or can be fixed.

Judges may care about whether the person accepts responsibility, whether the person has otherwise complied, whether restitution or fees are being addressed, whether the person has stable work or family support, and whether treatment would be more appropriate than jail. A strong defense presentation may include proof of employment, medical records, payment records, class completion certificates, treatment enrollment, clean drug tests, character letters, and evidence showing that the person is taking the matter seriously.

We want the court to see more than just a violation report. We want them to see you as a person, with your own story, reasons, and a plan for moving forward. When the facts allow, we argue that keeping you on supervision helps protect the public, supports your rehabilitation, and avoids unnecessary jail time.

### How New Charges Affect A Probation Violation Case

A new arrest during probation can create two cases at the same time. The person may have a new criminal case, and the State may also use that arrest as the basis for a probation violation. This can be especially stressful because a decision in one case may affect the other.

For example, a person on probation for drug possession who is arrested for DWI in Galveston may face a new DWI case and a probation violation. A person on probation for assault who is arrested for family violence may face a new assault charge and a motion to revoke or adjudicate. The probation court may move faster than the new criminal case, and the rules at a probation hearing are different from those at a trial.

We handle these cases with care because what you say in your probation case can affect your new case. The defense needs to think about the order of hearings, what evidence is available, the risks of testifying, and whether negotiations can help you in both cases. Sometimes the State has weak evidence for the new charge, but the probation violation is still a risk. Other times, working out a deal in the new case can help with the violation.

The most important thing is not to act out of fear. Do not admit to anything, sign anything, or talk about the facts without a lawyer. Probation violation cases often depend on small details, and early statements can be hard to take back later.

### What The Court May Consider Before Revoking Probation

Before revoking probation, the judge may consider several practical and legal factors. These include the seriousness of the original offense, the number of alleged violations, the person’s prior record, whether the person has violated before, whether the violation involved a new criminal act, whether the person reported as required, and whether the person made efforts to comply.

The court may also look at public safety. A missed payment is usually viewed differently from a new violent offense. A late class completion may be viewed differently from repeated failed drug tests. A person who has completed most conditions may be viewed differently from a person who has ignored supervision from the beginning.

That does not mean technical violations are harmless. Courts can and do sanction people for missed appointments, unpaid fees, and incomplete conditions. Still, the defense can often make a meaningful difference by showing context. Ability to pay matters when fees are involved. Medical or transportation issues may matter when attendance is involved. Treatment needs may matter when substance use is involved.

Our job is to find the best facts, correct any wrong assumptions, challenge weak accusations, and show the court a realistic way forward. We do not want you to be judged only by a probation officer’s report when there is more to your story.

### Why You Should Not Wait To Address A Probation Violation

Waiting can make a probation violation worse. If a warrant is issued, the person may be arrested at home, at work, during a traffic stop, or at a court appearance. If the person misses a hearing, the judge may view that as another sign of noncompliance. If the person ignores probation, the State may argue that the person is not a good candidate for continued supervision.

Starting your defense early can help in many ways. We can check if a warrant has been issued, review the motion, talk to the prosecutor, gather records, get you ready for court, and start fixing the problem before your hearing. If the issue is unpaid fees, we can collect proof of payments or financial hardship. If it is about treatment or classes, we can show proof of enrollment or completion. If it is about drug testing, we can review the testing process and gather medical or prescription information.

A probation violation is not something that will go away on its own. The court already has control over your case, and the judge can make decisions that affect your freedom, job, family, and record. The sooner you start building your defense, the more options you may have.

### Can You Be Held Without Bond For A Probation Violation?

A person accused of a probation violation may be arrested on a warrant, and release can depend on the type of case, the judge’s order, the allegations, and the court’s decision. Texas Code of Criminal Procedure Article 42A.751 addresses detention and hearing procedures after an alleged violation. If the person has not been released on bail as permitted under the statute, the defense may file a motion that triggers a hearing timeline under the law.

Bond is often one of the first worries for families. Someone may be taken into custody and not know when they will see a judge. Family members or employers may want to know what can be done right away. In these cases, quick legal action is needed to check the warrant status, court assignment, bond situation, and hearing date.

In Galveston and Houston, we pay close attention to whether someone is in custody because jail time can cause job loss, housing problems, and family stress even before the case is decided. If release is possible, we work to show the court why you can safely return to the community while your case is pending.

### How We Defend Probation Violation Cases In Galveston

We begin by reading the exact allegations against you. The specific wording is important. The State has to prove the violation they actually claim, not just make vague accusations. We review your probation rules, the violation report, court records, payment and treatment records, drug test results, police reports, witness statements, and any evidence related to a new arrest.

Next, we look for defenses and ways to lessen the impact. Sometimes the State cannot prove the violation. Sometimes the probation office made a mistake. Sometimes you followed the rules, but the records were not updated. Sometimes there was a violation, but it was not on purpose or serious enough for revocation. In some cases, treatment, counseling, or more supervision is better than jail.

We also help you get ready for court. Judges notice if you seem serious, organized, and prepared to deal with the problem. If you show up without proof, a plan, or an understanding of the risks, you may be at a disadvantage. We want the court to see that you are prepared, taking responsibility when needed, and have a good reason to avoid revocation.

Defending against a probation violation is not just about legal arguments. It also takes good judgment, timing, credibility, and knowing how to show the court what matters about your life. We understand the stakes are high because you may be facing jail or prison for a case you thought was under control.

## FAQs About Probation Violations In Galveston

### Can I Go To Jail For Missing One Probation Appointment?

Yes, it is possible to go to jail for missing one probation appointment, but whether that happens depends on the facts. A single missed appointment may be treated differently from repeated missed reports, especially if the person has otherwise complied with probation. The reason for missing the appointment matters. A medical emergency, work conflict, transportation issue, or misunderstanding may give the court important context. That said, a person should not ignore the issue or wait for the probation officer to take action. If the probation officer files a violation, the court may issue a warrant or set a hearing. We often advise clients to gather proof right away, such as medical records, work schedules, text messages, emails, or transportation records. The goal is to show that the missed appointment was not part of a pattern of disregard for the court’s order.

### What Is The Difference Between A Motion To Revoke And A Motion To Adjudicate?

A motion to revoke usually applies to regular probation after a conviction has already been entered. If the judge grants the motion, the judge may revoke probation and impose a sentence connected to the original case. A motion to adjudicate usually applies to deferred adjudication. With deferred adjudication, the person has not been finally convicted unless the judge later finds a violation and adjudicates guilt. This difference matters because deferred adjudication can carry serious sentencing exposure if the judge moves forward with a conviction. Both types of motions require careful preparation. In either situation, the State must prove a violation, and the defense may challenge the allegation or argue for continued supervision. We review the original plea papers and supervision terms because the available options often depend on the exact structure of the original case.

### Can A Failed Drug Test Send Me To Jail While On Probation?

Yes, a failed drug test can lead to jail, especially if the probation terms require drug testing and sobriety. However, a failed test does not always mean the judge will revoke probation. The court may consider whether this was a first violation, whether the person needs treatment, whether the person has otherwise complied, and whether the test result is reliable. We look at the testing process, the substance alleged, prescription issues, timing, lab confirmation, and whether the result matches the State’s claim. In some cases, treatment or increased testing may be a better result than jail. A person should not try to explain a failed test casually to the probation officer or prosecutor without legal advice. Statements made during this process may be used against the person later. The safer course is to address the issue with a defense plan and supporting records.

### Can The Judge Keep Me On Probation After A Violation?

Yes, the judge can keep a person on probation after finding a violation. Texas Code of Criminal Procedure Article 42A.752 allows the judge to continue or modify community supervision after a violation finding. The judge may add conditions, order treatment, require additional reporting, extend supervision when allowed, or impose other sanctions. This is why preparation matters. The defense may show that the client is employed, supporting family, attending counseling, paying restitution, completing classes, or taking steps to correct the problem. The court may be more willing to continue probation when the violation is isolated, nonviolent, explained, or fixable. No result is guaranteed, but a strong presentation can make a major difference. We work to give the judge a lawful and practical reason to choose continued supervision instead of revocation.

### Should I Hire A Lawyer For A Probation Violation In Galveston?

Yes, hiring a lawyer for a probation violation in Galveston is important because the result can affect your freedom. A probation violation is not a routine court date. The judge may have the power to send a person to jail or prison, depending on the original offense and the type of supervision. A lawyer can review the motion, challenge weak allegations, gather records, negotiate with the prosecutor, address bond issues, and present mitigation to the court. Probation violation cases often require fast action because warrants, custody issues, and hearing dates can arise quickly. We do not want clients walking into court without knowing the punishment range, the State’s evidence, or the judge’s options. A prepared defense can help protect the client’s future and may improve the chance of avoiding the harshest consequences.

## Call Mark Diaz & Associates For Help With A Galveston Probation Violation

If you are facing a probation violation in Galveston, or if someone you love has been arrested on a motion to revoke or a motion to adjudicate, Mark Diaz & Associates can help. We represent clients in Galveston and throughout the city of Houston, Texas, in criminal defense matters involving probation violations, DWI, drug charges, assault, theft, and other criminal allegations. A probation violation can place your freedom at risk, and the sooner we begin reviewing the allegations, the better prepared we can be for court.

When you hire us, you work directly with us. Our clients have access to a personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

Call our [Galveston probation violation defense attorney](https://texascriminaljustice.com/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Probation

**Tags:** Can You Go To Jail For A Probation Violation In Galveston?

---

### [How To Defend Against Domestic Violence Charges In Galveston](https://texascriminaljustice.com/how-to-defend-against-domestic-violence-charges-in-galveston/)

**Published:** July 7, 2026
**Author:** Mark Diaz & Associates

**Content:**

![How To Defend Against Domestic Violence Charges In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/07/How-To-Defend-Against-Domestic-Violence-Charges-In-Galveston.png "How To Defend Against Domestic Violence Charges In Galveston")A domestic violence accusation can turn your life upside down very quickly. Many people are arrested before they can share their side of the story, and are surprised by how seriously Texas courts handle these cases. Even before trial, a domestic violence charge can impact your job, housing, professional licenses, child custody, and your reputation. Prosecutors often continue with these cases even if the alleged victim wants to drop the charges. If you are facing a domestic violence accusation in [Galveston](https://www.galvestoncountytx.gov/) or the Houston area, it is important to know your legal rights and the possible defense strategies under Texas law.

## Understanding Domestic Violence Charges In Texas

Texas law generally refers to domestic violence as “family violence.” Under [Texas Family Code § 71.004](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=71.004), family violence includes acts intended to cause physical harm, bodily injury, assault, or threats that place a family or household member in fear of imminent physical harm. Family violence allegations can involve spouses, former spouses, dating partners, family members, household members, or individuals who share a child.

Many domestic violence arrests are filed under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01), which governs assault offenses. Depending on the facts, a domestic violence allegation may be charged as a Class A misdemeanor, a third-degree felony, a second-degree felony, or even a first-degree felony in certain situations involving serious bodily injury or repeat allegations.

It is important to remember that being arrested does not mean you are guilty. The prosecutor has to prove every part of the charge beyond a reasonable doubt. We always remind our clients that the government carries this burden throughout the whole process.

### Why Domestic Violence Cases Are Different From Other Criminal Cases

Domestic violence cases are handled differently than many other criminal cases. When police respond to a domestic disturbance, they often feel pressure to make an arrest if they think violence happened. Sometimes, officers arrest someone mainly based on statements at the scene, without a full investigation.

Once charges are filed, prosecutors frequently move forward even if the alleged victim changes their story or asks that the case be dismissed. The prosecution may attempt to rely on 911 recordings, body camera footage, witness statements, photographs, medical records, and other evidence to support the case.

Defending against a domestic violence charge means carefully reviewing all the evidence. What looks like a strong case for the prosecution at first may show important weaknesses after a closer look.

### Examining Whether The Allegations Are False Or Exaggerated

In some domestic violence cases, one of the best defenses is showing that the accusations are false, wrong, or exaggerated. Domestic disputes often happen during emotional times, such as relationship problems, divorce, child custody fights, money disagreements, or jealousy.

We frequently investigate whether the complaining witness had a motive to make false accusations. While every case is different, false allegations sometimes arise during contentious breakups or custody battles where one party believes criminal accusations may provide leverage.

Looking closely at text messages, emails, social media, witness statements, and other evidence can uncover inconsistencies that weaken the prosecution’s case. If the facts show the accusations are not reliable, we can strongly challenge their credibility in court.

### Using Self-Defense As A Legal Defense

Texas law recognizes the right of self-defense. Under [Texas Penal Code § 9.31](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.9&artSec=), a person may be justified in using force against another when they reasonably believe the force is immediately necessary to protect themselves against another person’s use or attempted use of unlawful force.

Domestic violence accusations often come from arguments that turn physical. Sometimes, the person arrested was actually trying to protect themselves. When police arrive after the incident, they may not be able to tell right away who started the confrontation.

When self-defense applies, we work to gather evidence that supports our client’s account. Witness statements, medical records, photographs of injuries, surveillance footage, and electronic communications may all help establish that our client acted lawfully to protect themselves.

The prosecution must overcome a properly raised self-defense claim. If the evidence supports self-defense, the case may become significantly more difficult for the government to prove.

### Challenging The Credibility Of Witness Statements

Witness testimony frequently plays a major role in domestic violence prosecutions. However, witness accounts are not always accurate. People can misremember events, misunderstand what they observed, or allow emotions to influence their perceptions.

We carefully compare witness statements against physical evidence, recorded evidence, and other objective facts. Contradictions between different accounts may raise serious questions regarding reliability.

Body camera footage is often very helpful because it shows what was seen right after the incident. Sometimes, this recorded evidence disagrees with what witnesses say later. When there are inconsistencies, we use them to question the prosecution’s evidence and build a stronger defense.

### Investigating Whether Police Violated Constitutional Rights

Every criminal defendant has constitutional protections. If law enforcement officers violated those rights, important evidence may be excluded from trial.

The Fourth Amendment protects against unreasonable searches and seizures. The Fifth Amendment protects against compelled self-incrimination. The Sixth Amendment guarantees the right to counsel and other important protections during criminal proceedings.

We examine whether officers had legal grounds for an arrest, whether statements were obtained lawfully, and whether evidence was collected in compliance with constitutional requirements. If violations occurred, we may file motions seeking suppression of evidence.

If important evidence is thrown out, it can be much harder for prosecutors to prove their case beyond a reasonable doubt.

### Addressing Protective Orders And Bond Conditions

Many domestic violence cases involve emergency protective orders or restrictive bond conditions. Courts frequently prohibit contact with the alleged victim while the case remains pending.

Violating these restrictions can create additional criminal problems. Even if the protected individual initiates contact, the court order remains enforceable. A violation can result in new criminal charges, bond revocation, or additional penalties.

We help clients understand the restrictions imposed by the court and work to address legal issues arising from protective orders. Compliance with court orders is critical while the criminal case is pending.

### Understanding The Long-Term Consequences Of A Conviction

A domestic violence conviction can have consequences that extend far beyond fines or jail time. Federal law may prohibit certain individuals convicted of qualifying domestic violence offenses from possessing firearms. Employment opportunities may be affected, especially for jobs involving security clearances, professional licensing, healthcare, education, or law enforcement.

A conviction can also create complications in divorce proceedings, child custody disputes, visitation matters, and immigration cases. Future allegations may be treated more harshly because prior convictions often increase the severity of subsequent charges.

Because the stakes are so high, it is important to thoroughly evaluate every available defense strategy before making decisions about a plea agreement or trial.

### Why Early Legal Representation Matters

The first stages of a domestic violence case can greatly affect the outcome. Evidence can disappear fast. Witnesses may forget details. Surveillance videos can be erased. Important messages can be lost if not saved right away.

We begin investigating immediately. Early intervention allows us to identify favorable evidence, interview witnesses, review police reports, obtain recordings, and build the strongest possible defense.

Prosecutors begin looking at a case as soon as charges are filed. Getting an experienced lawyer involved early can make a big difference in how your case goes and whether you get a better outcome.

## Frequently Asked Questions About Domestic Violence Charges In Galveston

### Can The Alleged Victim Drop The Charges?

Many people believe the alleged victim controls whether criminal charges continue. In Texas, that is generally not the case. Once charges are filed, the prosecutor decides whether to proceed. Even if the complaining witness asks that charges be dismissed, the government may continue pursuing the case using other evidence such as recordings, photographs, medical records, or witness testimony.

### What Happens If The Alleged Victim Changes Their Story?

A change in the alleged victim’s account can significantly affect the case, but it does not automatically result in dismissal. Prosecutors may argue that the original statement was truthful and that the witness later changed their story for personal reasons. We carefully examine all versions of the statements and look for inconsistencies that create reasonable doubt regarding the allegations.

### Will I Go To Jail For A First Domestic Violence Charge?

The answer depends on the specific facts of the case. Some first-time allegations are charged as misdemeanors, while others may involve felony accusations. Potential penalties vary based on injuries, prior criminal history, use of weapons, and other factors. Every case requires an individual assessment of the evidence and applicable law.

### Can A Domestic Violence Charge Affect Child Custody?

Yes. Domestic violence allegations can influence custody and visitation proceedings. Family courts often consider allegations of family violence when making decisions involving children. Even pending criminal charges may become relevant in related family law proceedings. Because of these potential consequences, it is important to defend the criminal case aggressively.

### Should I Talk To Police After An Arrest?

In most situations, it is wise to exercise your right to remain silent and speak with an attorney before answering questions. Statements made during an investigation can later be used by prosecutors in court. Even truthful statements may be misunderstood or taken out of context. Consulting with legal counsel before speaking with investigators helps protect your rights.

### What If There Were No Visible Injuries?

A lack of visible injuries can be an important issue in the defense, but it does not automatically result in dismissal. Texas law does not require significant physical injuries for certain assault allegations. However, the absence of injuries may raise questions about what actually occurred and may become an important factor in challenging the prosecution’s evidence.

## Contact Mark Diaz & Associates For Help With Domestic Violence Charges In Galveston

A domestic violence charge can place your freedom, reputation, career, and future at risk. The prosecution has substantial resources, and these cases often move quickly through the criminal justice system. Having experienced legal counsel on your side from the beginning can make a meaningful difference in protecting your rights and building a strong defense.

At Mark Diaz & Associates, we defend individuals facing domestic violence charges in Galveston and throughout Houston and the surrounding Texas communities. We carefully investigate every case, challenge weak evidence, protect our clients’ constitutional rights, and pursue every available defense under Texas law.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You will not be passed off to a junior associate or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.

If you have been arrested for domestic violence, call our [Galveston domestic violence defense lawyer](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston, Houston, and communities throughout Southeast Texas.

**Categories:** Domestic Violence

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### [What To Do When Caught In A Sex Sting Operation In Galveston](https://texascriminaljustice.com/what-to-do-when-caught-in-a-sex-sting-operation-in-galveston/)

**Published:** July 6, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What To Do When Caught In A Sex Sting Operation In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/07/What-To-Do-When-Caught-In-A-Sex-Sting-Operation-In-Galveston.png "What To Do When Caught In A Sex Sting Operation In Galveston")Sex sting operations can cause a lot of fear and confusion. Many people are surprised to find out that the person they were talking to online was actually an undercover officer. Some are arrested after answering online ads, chat messages, or social media posts that seemed real. Often, these individuals have never been in trouble with the law before and never thought they would face sex crime charges. The consequences can be serious, and what you do in the first hours and days after an arrest can make a big difference in your case. Knowing how these investigations work and what steps to take next is key to protecting your rights in Texas.

Law enforcement agencies throughout [Galveston County](https://www.galvestoncountytx.gov/), Houston, and other parts of Texas regularly conduct undercover operations targeting alleged prostitution offenses, online solicitation offenses, and crimes involving minors. These investigations frequently involve local police departments, county law enforcement agencies, state investigators, and federal authorities working together.

Prosecutors may say these cases are simple, but sex sting investigations are often complicated. There are usually questions about intent, identity, communication, how law enforcement acted, and whether there is enough evidence. Since investigators look closely at every word and action, getting a lawyer involved as soon as possible is one of the most important steps you can take.

## Common Types Of Sex Sting Operations In Texas

Texas law enforcement uses several types of sting operations. Some target alleged prostitution, while others focus on online conversations with people believed to be minors. You can face criminal charges if prosecutors believe the individual knowingly communicated in a sexually explicit manner with a minor or attempted to arrange a meeting for sexual conduct. In many investigations, however, there is no actual minor involved. Instead, an undercover officer poses as a minor during online communications.

Another common operation involves prostitution investigations under [Texas Penal Code § 43.02](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=43.02). Law enforcement officers may post advertisements online, communicate with potential suspects, and arrange meetings intended to result in arrests. These operations often generate significant media attention, particularly when conducted in larger metropolitan areas such as Houston.

Some investigations involve allegations of promotion of prostitution, compelling prostitution, or attempted offenses. Depending on the circumstances, charges may range from misdemeanors to serious felonies carrying substantial prison exposure.

### What To Do Immediately After An Arrest

Many people make their biggest mistakes right after being arrested. Investigators often try to get statements from suspects before a lawyer is present. Officers might say that cooperating will help or lead to better treatment.

We strongly advise exercising the constitutional right to remain silent. The [Fifth Amendment](https://constitution.congress.gov/constitution/amendment-5/) to the United States Constitution and [Article I, Section 10](https://law.justia.com/constitution/texas/sections/cn000100-001000.html) of the Texas Constitution provide important protections against self-incrimination. Once a person requests an attorney, questioning should stop under most circumstances.

Even explanations that seem harmless can cause problems later. Investigators know how to collect statements that prosecutors might use in court. Someone who thinks they are just clearing up a misunderstanding may accidentally give evidence that helps the prosecution. After an arrest, it’s usually best not to talk about the charges with anyone except your lawyer. Things you say outside of court can sometimes be used as evidence.

### Why Online Communications Become Critical Evidence

In many sex sting cases, the prosecution’s case centers on digital communications. Text messages, emails, chat logs, social media conversations, photographs, and electronic records often become the primary evidence.

Prosecutors often claim these messages show intent. Defense lawyers look at the same messages for inconsistencies, unclear meaning, missing context, or signs that they could be understood differently.

Intent is often one of the most heavily contested issues in a sex sting prosecution. For example, a prosecutor may argue that certain statements prove criminal intent, while the defense may argue that the communications were fantasy role-playing, jokes, misunderstandings, or lacked the required criminal intent necessary for conviction.

Electronic evidence can also bring up questions about whether it’s real, complete, or accurate. Messages might be edited, taken out of context, or understood differently depending on what else was said. Carefully reviewing all digital evidence is important before deciding on the best defense.

### Understanding Attempt Charges In Sting Cases

Many sex sting prosecutions involve allegations of attempted criminal conduct. Under [Texas Penal Code § 15.01](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.15&artSec=15.01), a person may be charged with criminal attempt if prosecutors believe the individual performed an act amounting to more than mere preparation toward committing an offense.

Attempt allegations frequently arise because the suspected offense was never completed. Law enforcement intervenes before any meeting occurs or before any alleged criminal conduct takes place.

Just because someone is charged with an attempt does not mean the case is already proven. Prosecutors still have to prove every part of the charge beyond a reasonable doubt. There are often questions about whether the person really meant to commit the crime, whether they took real steps toward it, and whether the evidence supports the charges. These issues can get very technical and depend on the details. Things like messages, travel plans, statements, and actions can all become important in court.

### Potential Penalties Following A Sex Sting Arrest

The potential consequences depend on the specific allegations involved. Some offenses may be charged as misdemeanors, while others carry significant felony penalties.

Online Solicitation of a Minor under Texas Penal Code § 33.021 is generally charged as a felony offense. Convictions can result in prison sentences, substantial fines, and long-term consequences affecting employment, housing, professional licenses, and reputation.

Certain convictions may also trigger sex offender registration requirements under Chapter 62 of the Texas Code of Criminal Procedure. Registration obligations can continue for years and, in some situations, for life.

Beyond criminal penalties, individuals often face collateral consequences that extend far beyond the courtroom. Professional careers, educational opportunities, personal relationships, and community standing may all be affected by the allegations. Because the stakes are so high, early intervention by experienced defense counsel can be critically important.

### Entrapment And Other Possible Defenses

One defense that frequently receives public attention is entrapment. Texas Penal Code § 8.06 addresses the defense of entrapment. However, many people misunderstand how entrapment applies.

Entrapment does not simply mean law enforcement provided an opportunity to commit a crime. Instead, the defense generally focuses on whether law enforcement induced conduct through persuasion or methods likely to cause an ordinarily law-abiding person to commit the offense.

While entrapment can be a valid defense in certain cases, it is highly fact-dependent. Every communication, statement, and action must be carefully analyzed before determining whether the defense may apply.

Other defenses may involve mistaken identity, lack of intent, insufficient evidence, constitutional violations, unlawful searches, evidentiary challenges, or procedural errors. The appropriate defense strategy depends entirely on the specific facts of the case.

### Why Social Media Can Make The Situation Worse

After an arrest, many individuals feel compelled to explain their side of the story online. This is usually a mistake.

Prosecutors and investigators routinely review social media accounts during criminal investigations. Posts, comments, photographs, private messages, and deleted content can become evidence.

Even statements intended to defend oneself can create new problems. A person may unintentionally contradict previous statements, provide additional evidence, or create issues that did not previously exist. We generally advise clients to avoid discussing pending criminal allegations on social media and to consult with counsel before making public statements about the case.

## Building A Strong Defense Early

Time matters in sex sting cases. Evidence can disappear. Witness memories can fade. Digital records may become more difficult to obtain.

Early investigation often allows defense attorneys to identify weaknesses in the prosecution’s case before those issues become more difficult to address. Electronic records can be reviewed, witnesses can be interviewed, and legal challenges can be developed at an early stage.

Many people assume that an arrest automatically means a conviction is inevitable. That is simply not true. Every criminal case must be evaluated based on the evidence, applicable law, and unique circumstances involved. A thorough defense begins with a careful review of the facts rather than assumptions or headlines.

## Sex Sting Arrest Frequently Asked Questions

### Can I Be Charged If There Was No Actual Minor Involved?

Yes. Many Texas sting operations involve undercover officers posing as minors online. Prosecutors often pursue charges even when no actual child existed. The focus is typically on the defendant’s alleged intent and conduct rather than on the existence of an actual minor. These cases often involve complex legal issues concerning communications, intent, and the specific language used during online conversations.

### Should I Explain My Side Of The Story To The Police?

In most situations, it is advisable to exercise your right to remain silent and request an attorney. Many people believe they can clear up a misunderstanding by speaking with investigators. Unfortunately, statements made during questioning frequently become evidence used by prosecutors later. Even truthful explanations can sometimes be misunderstood, taken out of context, or used to support criminal allegations.

### What Is The Difference Between A Sting Operation And Entrapment?

A sting operation is an investigative technique used by law enforcement. Entrapment is a legal defense that may apply in limited circumstances. Simply because law enforcement created an opportunity for criminal conduct does not automatically establish entrapment. Courts examine whether officers improperly induced conduct that an ordinarily law-abiding person would not have committed.

### Will My Online Messages Be Used Against Me?

In many cases, online communications form the foundation of the prosecution’s case. Text messages, chat logs, social media messages, emails, and other electronic communications are often introduced as evidence. However, those communications must be carefully analyzed because context matters. Messages that appear damaging at first glance may have alternative interpretations when viewed in their entirety.

### Can These Charges Be Dismissed?

Some cases are dismissed, reduced, or resolved favorably when weaknesses in the evidence are identified. Every case is different. The outcome depends on factors such as the available evidence, constitutional issues, witness credibility, digital records, and legal defenses. An arrest should never be viewed as proof that a conviction is inevitable.

### What Happens If I Am Convicted?

Potential consequences depend on the offense charged. A conviction may result in jail or prison time, probation, fines, sex offender registration requirements, and significant collateral consequences affecting employment, housing, education, and professional licensing. Because these consequences can be severe, obtaining legal representation as early as possible is extremely important.

### Can Police Use Fake Profiles During An Investigation?

Yes. Undercover officers commonly create fictitious online identities during sting operations. Courts generally permit the use of undercover techniques during criminal investigations. However, law enforcement actions remain subject to constitutional limitations, and the details of the investigation should always be examined carefully.

### Should I Delete Messages Or Online Accounts After Being Arrested?

Deleting evidence can create additional legal problems. Individuals facing criminal investigations should avoid destroying records or electronic evidence. Instead, they should consult with counsel regarding how to protect their rights and address the allegations properly.

### What If I Never Intended To Meet Anyone?

Intent is often one of the most important issues in a sex sting prosecution. The prosecution must prove the required mental state under the applicable statute. Communications, conduct, and surrounding circumstances are often examined closely when determining whether criminal intent existed. Cases involving misunderstandings, fantasy conversations, or ambiguous communications may present important defense opportunities.

### When Should I Hire A Criminal Defense Attorney?

The answer is immediately. The earlier a defense attorney becomes involved, the more opportunities there may be to protect your rights, preserve evidence, communicate with prosecutors, and develop a defense strategy. Early intervention often places the defense in a stronger position than waiting until the case has progressed further through the criminal justice system.

## Contact Mark Diaz & Associates For Help After A Sex Sting Arrest

A sex sting arrest can place every part of a person’s future at risk. The possibility of felony charges, incarceration, sex offender registration requirements, and damage to personal and professional relationships creates enormous stress for individuals and families. When facing allegations involving online solicitation, prostitution offenses, attempted sex crimes, or other sex-related criminal charges, immediate legal representation can make a significant difference.

At Mark Diaz & Associates, we represent individuals accused of serious criminal offenses in Galveston and throughout Houston and the surrounding Texas communities. We thoroughly investigate the facts, analyze law enforcement conduct, challenge weak evidence, and build aggressive defense strategies designed to protect our clients’ rights and futures.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been arrested or believe you are under investigation following a sex sting operation, call our [Galveston sex crime defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We proudly represent clients in Galveston, Houston, and throughout Texas.

**Categories:** Sex Crime Defense Lawyer

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### [Can Theft Charges Be Dismissed In Texas?](https://texascriminaljustice.com/can-theft-charges-be-dismissed-in-texas/)

**Published:** July 5, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Can Theft Charges Be Dismissed In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/07/Can-Theft-Charges-Be-Dismissed-In-Texas.png "Can Theft Charges Be Dismissed In Texas")If you are charged with theft in [Galveston](https://www.galvestoncountytx.gov/), it does not mean you will automatically be convicted. Many people are surprised to find out that theft cases can often be challenged, negotiated, reduced, or even dismissed, depending on the facts and evidence. An arrest can cause immediate worries about your job, professional license, reputation, and future, but it is only the first step in the legal process.

Prosecutors must still prove every part of the offense beyond a reasonable doubt. In Galveston County and Houston, we often help people facing theft charges who want to know if their case can be dismissed. The answer depends on the details of the case, the strength of the evidence, and whether there are legal defenses.

## Understanding Theft Charges Under Texas Law

Texas Penal Code [§31.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.03) defines theft as unlawfully appropriating property with the intent to deprive the owner of that property. While the definition may sound simple, theft cases often involve complicated factual disputes. Prosecutors must prove not only that property was taken but also that the accused intended to permanently or substantially deprive the owner of the property.

Many theft arrests involve misunderstandings, mistaken identity, disputed ownership claims, or allegations that rely heavily on circumstantial evidence. Retail theft, employee theft, theft by check, theft of services, and theft involving business transactions can all present different legal issues. The circumstances surrounding the accusation often determine whether dismissal may be possible.

The value of the property also affects how the offense is charged. Depending on the amount, the value of the property also changes how the charge is handled. Depending on the amount, theft can be a misdemeanor or a felony. If the property is worth more, the penalties are much more serious and can lead to longer jail time if convicted. If you were arrested, the prosecutor must already have enough evidence to obtain a conviction. That assumption is often incorrect. Police officers make arrests based on probable cause, a much lower standard than proof beyond a reasonable doubt.

After an arrest, prosecutors review the evidence to decide if they can move forward with the case. Sometimes, problems show up during this review. Witnesses might give different stories, video footage might not clearly show who was involved, or important evidence might be missing.

Sometimes, prosecutors find that the evidence just does not support the charge. When this happens, dismissal can become a real option. Every theft case should be looked at closely before deciding what might happen.

### Lack Of Intent Can Create Significant Problems For Prosecutors

Intent is one of the most important elements in a theft case. The prosecution must establish that the accused intended to unlawfully deprive the owner of the property. Proving intent is not always easy.

We frequently see cases where a person forgot to pay for merchandise, believed they had permission to take property, or mistakenly thought an item belonged to them. While prosecutors may view these situations with skepticism, the burden remains on the State to prove criminal intent beyond a reasonable doubt.

Retail theft cases often involve situations where individuals become distracted while shopping. Employee theft allegations may involve disputes regarding authorization or company policies. Business disputes are sometimes improperly treated as criminal matters when they are actually civil disagreements. When intent cannot be clearly established, prosecutors may have difficulty proving the offense.

### Mistaken Identity Is More Common Than Many People Realize

Not every person accused of theft actually committed the offense. Mistaken identity remains a significant issue in criminal cases throughout Texas.

Many theft investigations rely on surveillance footage. While video evidence can be powerful, it is not always as clear as prosecutors would like jurors to believe. Poor camera angles, low-resolution recordings, obstructed views, and brief observations can create uncertainty regarding identification.

Eyewitness identification also presents challenges. Witnesses often experience stressful situations, and memory is not always reliable. Research has repeatedly shown that eyewitnesses can make mistakes, particularly when identifying strangers.

When identification is questionable, we carefully examine every piece of available evidence. If the prosecution cannot establish who actually committed the offense, dismissal may become a possibility.

### Illegal Searches And Constitutional Violations Can Lead To Dismissal

The United States Constitution provides important protections against unlawful searches and seizures. When law enforcement violates those protections, evidence may be suppressed.

The Fourth Amendment requires police officers to comply with constitutional standards when conducting searches and seizures. If evidence was obtained unlawfully, a court may exclude it from trial. In some cases, suppression of critical evidence can significantly weaken the prosecution’s case.

For example, if officers conducted an unlawful search of a vehicle, residence, or personal property, evidence discovered during that search may become subject to challenge. If the prosecution loses key evidence, dismissal may follow. Every theft case should include a thorough review of how evidence was obtained and whether constitutional violations occurred during the investigation.

### Witness Problems Frequently Affect Theft Cases

Witnesses often play a critical role in theft prosecutions. However, witnesses do not always remain available or cooperative as a case progresses.

Sometimes witnesses move away, fail to appear in court, or change their version of events. In other situations, witnesses admit they did not actually observe what they initially believed they saw. These issues can create significant challenges for prosecutors.

The credibility of witnesses is also important. Prior inconsistent statements, criminal histories, personal biases, and motives to fabricate may all affect how a witness is viewed by a judge or jury. When witness testimony becomes unreliable, prosecutors may struggle to prove the case beyond a reasonable doubt.

### Diversion Programs May Provide An Alternative To Conviction

In certain cases, prosecutors may offer diversion opportunities to eligible defendants. These programs are not technically dismissals at the outset, but successful completion may ultimately result in charges being dismissed.

Eligibility often depends on factors such as criminal history, the nature of the offense, the value of the property involved, and the policies of the local prosecutor’s office. First-time offenders are often the most likely candidates for diversion consideration.

Diversion programs may involve community service, theft prevention classes, restitution, reporting requirements, or other conditions. If successfully completed, participants may avoid a criminal conviction and obtain a dismissal of the charge. Whether diversion is available depends on the specific facts of the case and the policies of the jurisdiction where the case is pending.

### How Early Legal Representation Can Affect The Outcome

One of the biggest mistakes people make after a theft arrest is assuming they should wait and see what happens. Early intervention often creates opportunities that may not be available later.

We begin by examining police reports, witness statements, surveillance footage, and other evidence. Early investigation allows us to identify weaknesses before prosecutors fully develop their case. In some situations, important evidence can be preserved that might otherwise disappear.

Prompt representation also allows us to communicate with prosecutors before positions become entrenched. Sometimes issues can be resolved before formal charges are filed. In other situations, early negotiations may lead to reductions, diversion opportunities, or dismissals. Every case is different, but taking a proactive approach generally places a defendant in a stronger position than waiting for the prosecution to dictate the direction of the case.

## Every Theft Case Deserves A Thorough Defense

There is no single formula for obtaining a dismissal in a theft case. Some cases are dismissed because prosecutors lack sufficient evidence. Others are dismissed because witnesses become unavailable, constitutional violations occur, or diversion requirements are successfully completed.

The important point is that an arrest is not the end of the story. Theft allegations should never be viewed as automatic convictions. Every piece of evidence should be challenged, every witness should be scrutinized, and every available defense should be explored.

The consequences of a theft conviction can be serious, particularly because crimes involving dishonesty often create lasting employment and background check concerns. Taking the accusation seriously from the beginning is one of the most important steps a person can take to protect their future.

## Frequently Asked Questions About Theft Charges In Texas

### Can Theft Charges Be Dismissed Before Trial?

Yes. Theft charges can be dismissed at various stages of the criminal process. Some cases are dismissed because prosecutors determine the evidence is insufficient. Others may be dismissed following successful completion of a diversion program or after legal challenges weaken the State’s case. Whether dismissal is possible depends on the facts, the available evidence, and the circumstances surrounding the arrest.

### Will A First-Time Theft Charge Be Dismissed Automatically?

No. First-time offenders do not automatically receive dismissals. However, individuals with little or no criminal history may have access to diversion programs or other alternatives that are not available to repeat offenders. The facts of the case remain extremely important regardless of a person’s prior record.

### Can Store Surveillance Footage Be Wrong?

Absolutely. Surveillance footage is often an important piece of evidence, but it is not infallible. Poor image quality, camera angles, lighting conditions, and identification issues can all affect the reliability of video evidence. Every recording should be carefully reviewed rather than simply accepted at face value.

### What Happens If The Property Was Returned?

Returning property does not automatically eliminate criminal liability, but it may affect how prosecutors view the case. Restitution and recovery of property are often factors considered during negotiations. In some situations, returning property may help support efforts to obtain a favorable resolution.

### Can A Theft Charge Affect Future Employment?

Yes. Theft convictions often create significant employment challenges because many employers view offenses involving dishonesty differently from other criminal allegations. This is one reason why it is important to aggressively defend theft charges and pursue every available opportunity to avoid a conviction.

## Contact Mark Diaz & Associates About Theft Charges In Texas

A theft charge can create uncertainty about your future, your career, and your reputation. The good news is that many theft cases contain weaknesses that may create opportunities for dismissal, reduction, or other favorable outcomes. The key is acting quickly and building a defense strategy as early as possible.

At Mark Diaz & Associates, we defend clients facing theft charges throughout Galveston and across the city of Houston, Texas. We carefully examine the evidence, challenge weaknesses in the prosecution’s case, and work aggressively to protect our clients at every stage of the criminal process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston theft attorney](https://texascriminaljustice.com/burglary-robbery-theft/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and let us protect your future. We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Theft Defense Lawyer

---

### [Self-Defense In Texas Murder Cases](https://texascriminaljustice.com/self-defense-in-texas-murder-cases/)

**Published:** July 4, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Self-Defense In Texas Murder Cases](https://texascriminaljustice.com/wp-content/uploads/2026/07/Self-Defense-In-Texas-Murder-Cases.png "Self-Defense In Texas Murder Cases")Facing a murder charge in [Galveston County](https://www.galvestoncountytx.gov/) is extremely serious. A conviction can mean decades or even life in prison, depending on the case. Still, not every homicide is considered a crime under Texas law. Sometimes, people use force, even deadly force, to protect themselves or others from an immediate threat of death or serious injury.

In these cases, self-defense can be a complete legal justification. We often help people accused of violent crimes, and we understand that self-defense cases are often more complex than they seem. Knowing how Texas self-defense laws work is essential if a homicide investigation or murder charge involves claims of protection, survival, or fear of harm.

## Understanding Self-Defense Under Texas Law

Texas law gives people the right to protect themselves when facing unlawful force. The main self-defense law, [Texas Penal Code § 9.31](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=9.31), says a person can use force if they reasonably believe it is immediately needed to protect against someone else’s use or attempted use of unlawful force.

In murder cases, the main issue is often the use of deadly force, not just ordinary force. While most people know the basics of self-defense, prosecutors look closely at every detail. They consider who started the fight, if there was an immediate threat, if the force used was reasonable, and if the defendant’s actions were justified under Texas law.

Self-defense is more than just saying you were afraid after a deadly event. Courts and juries look at whether a reasonable person in the same situation would have thought force was needed. The details of what happened usually decide if self-defense will work as a legal defense or if prosecutors will move forward with a murder charge.

### When Deadly Force May Be Justified In Texas

[Texas Penal Code § 9.32](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.9&artSec=9.32) covers when deadly force can be used in self-defense. This law says deadly force may be justified if a person is already allowed to use force under [§ 9.31](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.9&artSec=9.31) and reasonably believes deadly force is immediately needed to protect against someone else’s use or attempted use of unlawful deadly force.

The law also allows deadly force in some cases involving violent crimes like aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, and aggravated robbery.

In most murder cases with self-defense claims, the main question is whether the defendant reasonably believed deadly force was needed right away. This is often where prosecutors and defense lawyers disagree. Prosecutors might say the threat was over, the defendant overreacted, or there were other options. The defense may show that the defendant had to make a quick decision in a dangerous and fast-changing situation.

Many self-defense cases happen when there is little or no video evidence. Because of this, things like witness statements, forensic evidence, medical records, crime scene analysis, and expert testimony become very important in figuring out what really happened.

### The Importance Of Reasonable Belief

A key idea in Texas self-defense law is reasonable belief. Texas Penal Code § 1.07 says this means a belief that an ordinary and careful person would have in the same situation.

This rule understands that people facing a violent threat do not have to make perfect choices in a dangerous moment. Often, they have only seconds to react. The law does not make someone wait until they are seriously hurt before they can defend themselves.

However, just being afraid is not enough. The jury has to decide if the belief was reasonable based on the evidence. This is often the main issue in murder trials with self-defense claims.

Evidence that can support a reasonable belief includes threats made before the event, past violent actions by the alleged victim, weapons found at the scene, what witnesses saw, injuries to the defendant, and physical evidence about the confrontation.

### Texas Stand Your Ground Law

Texas is often called a Stand Your Ground state. According to Texas Penal Code § 9.32(c), if a person has a legal right to be somewhere, did not start the fight, and is not committing a crime, they usually do not have to retreat before using deadly force.

This rule matters in murder cases because prosecutors sometimes argue that the defendant should have left or avoided the situation. But Texas law usually does not require someone to retreat if the conditions are met.

Still, Stand Your Ground laws do not automatically make every use of deadly force legal. The defendant must meet all the legal requirements for self-defense. Jurors will decide if the force was needed right away and if the defendant’s belief was reasonable.

Many people think Stand Your Ground laws give broad protection in any violent situation. In fact, prosecutors often challenge self-defense claims even with these laws in place.

### The Castle Doctrine And Home Defense Cases

Texas law also provides strong protections for individuals defending themselves in their homes. These protections are commonly referred to as the Castle Doctrine.

Texas Penal Code § 9.32 and related laws sometimes presume that a person’s belief in needing deadly force was reasonable. This applies when someone unlawfully and forcefully enters or tries to enter an occupied home, vehicle, or workplace.

Self-defense claims are common in home invasion cases because people may face immediate threats from intruders. The law says people should not have to hesitate when facing dangerous situations in their own homes.

Even in Castle Doctrine cases, prosecutors may examine whether the statutory requirements are satisfied. Issues involving consent, mistaken identity, family disputes, and conflicting witness testimony can complicate what initially appears to be a straightforward self-defense claim.

### Self-Defense Is An Affirmative Defense At Trial

In Texas murder prosecutions, self-defense can become a powerful trial defense. Once evidence supporting self-defense is introduced, the prosecution bears the burden of disproving self-defense beyond a reasonable doubt.

This is a critical legal principle. The defendant does not have to prove innocence. Instead, the prosecution must convince the jury beyond a reasonable doubt that the killing was not legally justified.

This burden often creates significant challenges for prosecutors when substantial evidence supports a self-defense claim. Jurors must carefully consider all testimony, physical evidence, forensic findings, and expert opinions before deciding whether the prosecution has met its burden.

Because murder cases frequently involve conflicting versions of events, credibility often becomes one of the most important issues in the courtroom.

### Common Challenges To Self-Defense Claims

Prosecutors frequently attack self-defense claims from multiple angles. One common argument is that the defendant was the initial aggressor. Under Texas Penal Code § 9.31, a person who provokes a confrontation may lose the right to claim self-defense unless specific legal exceptions apply.

Another common challenge involves the level of force used. Prosecutors may argue that the defendant used excessive force or continued using force after the threat ended. They may also attempt to show that the defendant’s statements before or after the incident are inconsistent with a claim of self-defense.

Digital evidence has become increasingly important in modern murder prosecutions. Text messages, social media posts, surveillance footage, phone records, and internet activity are frequently introduced to support or challenge a self-defense argument.

The prosecution may also use forensic evidence, ballistics reports, autopsy findings, and crime scene reconstruction experts to present an alternative explanation of what occurred.

## Why Early Legal Representation Matters

Individuals involved in a fatal encounter often make mistakes during the first hours of an investigation. Statements made to police can be misunderstood, taken out of context, or used against the person later in court. Even truthful statements may appear inconsistent when repeated multiple times under stressful conditions.

Murder investigations move quickly. Law enforcement officers gather evidence, interview witnesses, obtain surveillance footage, execute search warrants, and consult forensic experts early in the process. The defense must act quickly as well.

Early intervention allows defense counsel to preserve favorable evidence, identify witnesses, retain experts, and begin building a comprehensive defense strategy before critical information disappears. In many self-defense cases, the outcome is heavily influenced by the evidence collected during the earliest stages of the investigation.

Protecting constitutional rights from the beginning can have a substantial impact on the strength of a self-defense claim and the overall outcome of the case.

## Texas Murder Defense FAQs

### Can Someone Be Charged With Murder Even If They Acted In Self-Defense?

Yes. Law enforcement often arrests or charges people before all the evidence is reviewed. Claiming self-defense does not guarantee you will avoid arrest or indictment. Many times, prosecutors file charges and let a jury decide if deadly force was justified. Even with a strong self-defense case, the legal process can last long after the incident.

### Does Texas Law Require Someone To Retreat Before Using Deadly Force?

Generally, no. In Texas, you do not have to retreat if you have a right to be there, did not start the confrontation, and are not committing a crime. This is known as the Stand Your Ground rule. Still, prosecutors can question whether using deadly force was reasonable and truly needed in your situation.

### What If The Other Person Was Unarmed?

You can still claim self-defense even if the other person was unarmed. The law looks at the threat you believed you faced and whether it was reasonable to think deadly force was needed. Serious injuries can happen without a weapon. Things like size differences, past threats, more than one attacker, or violent actions can all be important evidence.

### Can Self-Defense Apply If Someone Was Protecting Another Person?

Yes. Texas law allows you to use force, even deadly force, to protect someone else in certain situations. You can act as if you were the person being threatened to stop illegal force or deadly force. These cases often require a close look at what you reasonably believed was happening at the time.

### What Happens If A Jury Cannot Decide Whether Self-Defense Applies?

The prosecution has to prove beyond a reasonable doubt that you did not act in self-defense. If the jury is not sure, they must find you not guilty. This rule is one of the strongest protections for people facing murder charges in Texas.

### Can Prior Threats Made By The Alleged Victim Be Used As Evidence?

In many cases, yes. Prior threats, violent acts, or evidence of the alleged victim’s past behavior can sometimes be used in court, depending on the facts and the rules of evidence. This kind of evidence can help show why you believed deadly force was needed and support your self-defense claim.

### Should I Speak To Police If I Believe I Acted In Self-Defense?

Every case is different, but you should be very careful before talking in detail to investigators. Even statements you think are harmless can be used against you later. Talking to an experienced criminal defense lawyer before answering questions can help protect your rights and prevent mistakes during a homicide investigation.

## Speak With Our Galveston Murder Defense Lawyer For A Free Consultation

A murder charge can change every aspect of a person’s life, but an accusation is not the same as a conviction. When a homicide occurs during an act of self-defense, every detail matters. Witness testimony, forensic evidence, prior threats, surveillance footage, and the actions of everyone involved can determine whether the law recognizes the use of force as justified. Building a successful self-defense case requires immediate investigation, careful preparation, and a thorough understanding of Texas criminal law.

At Mark Diaz & Associates, we help people charged with murder, manslaughter, violent crimes, and other serious felonies in Galveston and the Houston area. We work hard to find the facts, challenge the prosecution’s case, and give our clients the best defense possible.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you or a loved one is under investigation or has been charged with murder involving a claim of self-defense, Contact our [Texas murder attorney](https://texascriminaljustice.com/homicide/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston and throughout Houston.

**Categories:** Homicide

---

### [What Happens During A Homicide Investigation In Galveston?](https://texascriminaljustice.com/what-happens-during-a-homicide-investigation-in-galveston/)

**Published:** July 3, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Happens During A Homicide Investigation In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/07/What-Happens-During-A-Homicide-Investigation-In-Galveston.png "What Happens During A Homicide Investigation In Galveston")A homicide investigation is one of the most serious types of criminal cases in Texas. When police think someone may be involved in a death, they usually act quickly to gather evidence, find suspects, and build a case. Many people think charges are filed right after an arrest, but these investigations often start long before anyone is officially accused. \\

Police, detectives, forensic experts, prosecutors, and other agencies in [Galveston County](https://www.galvestoncountytx.gov/) often work together to collect evidence and talk to witnesses. If you become the focus of a homicide investigation in Galveston or Houston, knowing what to expect can help you protect your rights and avoid mistakes that could hurt your defense.

## The Initial Response To A Homicide Scene

When a suspicious death is reported, police usually secure the area and start collecting evidence right away. Detectives from the local police, sheriff’s office, or a homicide unit often come to the scene. Their main goal at first is to protect evidence and figure out what happened.

Investigators usually take photos of the scene, collect physical evidence, find witnesses, and write down what they see. They might collect things like guns, knives, shell casings, fingerprints, DNA, cell phones, surveillance videos, clothing, and other items linked to the death. They also try to get witness statements while memories are still fresh.

Early in the investigation, police start forming ideas about how the death happened and who might be involved. Sometimes, these first guesses can lead them in the wrong direction. There have been cases where investigators focus on one suspect before all the evidence is in. When that happens, evidence that doesn’t fit their theory might get less attention than evidence that supports it.

### Determining Whether A Crime Occurred

Not every death leads to homicide charges. Investigators have to figure out if the death was caused by a crime, an accident, natural causes, suicide, self-defense, or something else that is legal. An investigation will be conducted to identify drugs, alcohol, or other substances that could have contributed to the death.

Texas law recognizes several homicide-related offenses. Under [Texas Penal Code § 19.02](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=19.02), murder generally involves intentionally or knowingly causing the death of another person or causing death during the commission of certain dangerous acts. [Texas Penal Code § 19.04](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.19&artSec=19.04) defines manslaughter as recklessly causing the death of another person. [Texas Penal Code § 19.05](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.19&artSec=19.05) addresses criminally negligent homicide, which involves causing death through criminal negligence.

The differences between these charges can have a big impact on the possible penalties. Because of this, investigators spend a lot of time trying to figure out what the suspect did, what they were thinking, and what their intentions were before filing charges.

### Interviews And Witness Statements

Interviewing witnesses is one of the most important parts of a homicide investigation. Detectives may talk to family, friends, neighbors, coworkers, bystanders, and anyone else who might know something about what happened before the death.

Investigators often interview witnesses more than once during the case. They may ask people to clear up earlier statements or explain any differences. Police also compare what witnesses say with physical evidence, video footage, phone records, and digital messages.

If someone becomes a suspect, investigators often reach out to get their statement. Detectives may say the interview is a chance to “clear things up” or “tell your side of the story.” Even though this sounds fair, anything you say can be used as evidence in court later.

Under both the United Both the U.S. Constitution and Texas law give you the right to stay silent and the right to a lawyer. Using these rights does not mean you are guilty. In many homicide cases, talking to police without a lawyer can create serious problems that are hard to fix later.

### Search Warrants And Evidence Collection

As investigators collect information, they may ask for search warrants to get more evidence. In Texas, judges can give police a search warrant if there is probable cause that evidence of a crime will be found in a certain place.

Search warrants can cover homes, cars, businesses, cell phones, computers, social media, cloud storage, and financial records. Today, homicide investigations often include a lot of digital evidence. Investigators may look at text messages, emails, internet searches, GPS data, photos, social media activity, and call logs.

Texas Code of Criminal Procedure Chapter 18 governs search warrants and the procedures law enforcement must follow when seeking and executing them. Evidence obtained through unlawful searches may sometimes be challenged and excluded from court proceedings.

Digital evidence can be available long after a crime happens, so investigators may spend months going through electronic data. Something that seems unimportant to a suspect might become a key part of the prosecution’s case.

### The Role Of Forensic Evidence

Forensic evidence is often a big part of homicide cases. Investigators use DNA tests, fingerprint checks, ballistics, blood pattern analysis, and other scientific methods during their work.

Prosecutors often use forensic evidence to show guilt. But forensic evidence is not always as clear as it looks on TV. Testing methods have limits. Labs can make mistakes. Evidence can be contaminated, misunderstood, or collected the wrong way.

In many homicide cases, the defense needs to look closely at forensic reports, lab procedures, chain-of-custody records, and expert opinions. Careful review can uncover problems that may weaken the prosecution’s case.

Because homicide charges often carry severe penalties, every piece of forensic evidence should be scrutinized carefully before trial.

### Grand Jury Proceedings In Texas Homicide Cases

Many homicide cases are presented to a grand jury before formal felony charges proceed through the court system. Grand juries serve as a screening mechanism to determine whether sufficient evidence exists to support criminal charges.

Under Texas law, grand juries review evidence presented by prosecutors and determine whether probable cause exists to issue an indictment. If the grand jury returns a true bill, the case proceeds toward prosecution.

The defense generally does not have the same opportunity to present evidence during grand jury proceedings that it would have during a trial. As a result, prosecutors often control much of the information the grand jury receives.

While an indictment is a significant event, it is not a conviction. The prosecution still bears the burden of proving guilt beyond a reasonable doubt in court.

### Arrests And Formal Charges

Some homicide investigations lead to immediate arrests, while others continue for months or even years before charges are filed. Once investigators believe sufficient evidence exists, an arrest warrant may be obtained.

The specific charges depend upon the facts of the case and the evidence available. Murder under Texas Penal Code § 19.02 is generally a first-degree felony punishable by five to ninety-nine years or life imprisonment under Texas Penal Code § 12.32. Certain murders may be prosecuted as capital murder under Texas Penal Code § 19.03, which carries even more severe penalties.

Manslaughter under Texas Penal Code § 19.04 is generally a second-degree felony. Criminally negligent homicide under Texas Penal Code § 19.05 is generally a state jail felony.

The consequences of a homicide conviction extend far beyond incarceration. A conviction can affect employment opportunities, professional licenses, housing, family relationships, firearm rights, and many other aspects of life.

### Building A Defense During A Homicide Investigation

One of the most critical mistakes individuals make is waiting until formal charges are filed before seeking legal representation. In many situations, important defense work can begin during the investigation itself.

We often work to identify favorable witnesses, preserve evidence, review law enforcement conduct, analyze forensic testing, and challenge inaccurate assumptions before prosecutors make charging decisions. Early intervention may influence how investigators view the case and help prevent evidence from being lost or overlooked.

Every homicide investigation is different. Some cases involve self-defense claims. Others involve mistaken identity, false accusations, unreliable witnesses, or insufficient evidence. Building a strong defense requires a careful review of the facts, applicable law, and prosecution evidence.

The sooner a defense strategy begins, the greater the opportunity to protect important constitutional rights and challenge weaknesses in the government’s case.

## Why Early Legal Representation Matters

Homicide investigations move quickly and often involve extensive resources. Detectives may conduct surveillance, obtain search warrants, interview witnesses repeatedly, and gather evidence for months before making an arrest. During this period, individuals frequently underestimate the seriousness of the investigation or believe cooperation alone will prevent charges.

We strongly encourage anyone who learns they may be under investigation for a homicide to seek legal counsel immediately. Early representation allows an attorney to communicate with investigators, monitor the investigation, protect constitutional rights, and begin preparing a defense before charges are filed.

A homicide allegation can change a person’s life overnight. Having experienced legal counsel involved from the beginning can make a substantial difference in the outcome of the case.

## Texas Homicide Defense Frequently Asked Questions

### Can Police Question Me If I Am Not Under Arrest?

Yes. Detectives frequently contact individuals for voluntary interviews before making an arrest. Many people mistakenly believe they must answer questions because they are not in custody. In reality, anything said during a voluntary interview can be used against them later. Even innocent explanations can be misunderstood or taken out of context. Before participating in any homicide investigation interview, it is wise to speak with a criminal defense attorney.

### Can I Be Charged Even If There Is No Murder Weapon?

Yes. Texas prosecutors do not need a murder weapon to pursue homicide charges. Prosecutors may rely on witness testimony, forensic evidence, surveillance footage, digital records, admissions, or circumstantial evidence. While the absence of a weapon may create challenges for the prosecution, it does not prevent charges from being filed.

### What Should I Do If Detectives Contact Me?

The most important step is to remain calm and avoid answering substantive questions without legal counsel. Many people attempt to explain themselves and unintentionally provide information investigators later use against them. Politely exercising the right to remain silent and requesting legal representation can help protect important constitutional rights.

### How Long Can A Homicide Investigation Last?

Some investigations conclude within days, while others continue for months or years. Complex cases involving multiple suspects, forensic testing, digital evidence, or conflicting witness statements often require substantial time. Investigators may continue gathering evidence long after the initial incident occurred.

### Can Self-Defense Prevent A Murder Conviction?

Yes. Texas law recognizes the right of self-defense under certain circumstances. Chapter 9 of the Texas Penal Code addresses justification defenses, including the use of force and deadly force. If the evidence establishes that a person acted lawfully in self-defense, criminal liability may not apply. The success of a self-defense claim depends heavily on the facts, available evidence, and credibility of witnesses.

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## Call Our Texas Murder Defense Attorney For A Free Consultation

A homicide investigation is one of the most serious legal situations a person can face in Texas. Whether law enforcement has already contacted you, executed a search warrant, requested an interview, or made an arrest, the decisions made during the earliest stages of the investigation can have a lasting impact on your future. Prosecutors and investigators begin building their case immediately. You should have someone protecting your rights just as quickly.

At Mark Diaz & Associates, we defend individuals facing murder, manslaughter, criminally negligent homicide, and other serious felony allegations in Galveston and throughout the Houston area. We carefully examine every aspect of the investigation, including witness statements, forensic evidence, search warrants, police procedures, and constitutional issues that may affect the prosecution’s case.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation for homicide or have been arrested for murder or manslaughter in Galveston, Houston, or the surrounding Texas communities, contact our [Texas murder defense attorney](https://texascriminaljustice.com/homicide/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). The firm represents clients in Galveston and throughout all of Houston, Texas.

**Categories:** Homicide Lawyers

---

### [Capital Murder Vs. Murder In Texas](https://texascriminaljustice.com/capital-murder-vs-murder-in-texas/)

**Published:** July 2, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Promotional poster for Mark Diaz & Associates: a suited lawyer beside a desk with Texas law books, promoting ](https://texascriminaljustice.com/wp-content/uploads/2026/07/Capital-Murder-Vs-Murder-In-Texas.png "Capital Murder Vs Murder In Texas")Being accused of homicide in Texas is one of the most serious situations a person can face. However, many people are surprised to learn that Texas law distinguishes between murder and capital murder. While both charges involve the unlawful death of another person, the legal consequences, sentencing exposure, and facts prosecutors must prove are significantly different.

These cases are aggressively prosecuted in [Galveston County](https://www.galvestoncountytx.gov/) because they involve allegations of the most serious offenses under Texas law. A conviction can permanently change every aspect of a person’s life, including their freedom, reputation, employment opportunities, and future.

Understanding the differences between murder and capital murder is critical because the charge itself often determines the legal strategy, the potential penalties, and how prosecutors approach the case.

## Understanding Murder Under Texas Law

[Texas Penal Code §19.02](https://codes.findlaw.com/tx/penal-code/penal-sect-19-02/) defines murder. Under the statute, a person may be charged with murder if they intentionally or knowingly cause another person’s death. A murder charge may also arise when someone intends to cause serious bodily injury and commits an act clearly dangerous to human life that results in death.

Texas law also recognizes what is commonly known as felony murder. Under Texas Penal Code §19.02(b)(3), a person may be charged with murder if they commit or attempt to commit a felony other than manslaughter and someone dies as a result of dangerous conduct committed during that felony.

Many people assume murder cases always involve a planned killing. That is not accurate. Murder allegations arise under a variety of circumstances. Domestic disputes, bar fights, robberies, road rage incidents, drug-related incidents, and other situations can all lead to murder charges if a death occurs.

Every murder case is highly fact dependent. Prosecutors must examine intent, actions, witness statements, physical evidence, forensic evidence, and the events leading up to the death. Small details often become extremely important because they may affect whether prosecutors pursue murder charges or a lesser offense.

### What Makes Capital Murder Different In Texas

Capital murder is governed by [Texas Penal Code §19.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=19.03). While murder involves the unlawful killing of another person, capital murder requires additional aggravating circumstances that elevate the offense to the highest level under Texas law.

Texas law identifies specific situations that may support a capital murder charge. These include intentionally killing a peace officer or firefighter performing official duties, murdering someone during the commission of another felony such as robbery, kidnapping, burglary, aggravated sexual assault, arson, obstruction, retaliation, or terroristic threat offenses. Capital murder charges may also arise when multiple people are killed during the same criminal episode or when certain victims, such as children under specific circumstances, are involved.

The difference between murder and capital murder is not simply the seriousness of the conduct. Prosecutors must prove the additional aggravating elements required by the statute. If those aggravating factors cannot be established, a capital murder charge may not be appropriate. These distinctions become incredibly important because the penalties differ substantially.

### The Punishment Differences Are Enormous

The consequences associated with murder and capital murder are dramatically different. Under Texas Penal Code §12.32, murder is generally classified as a first-degree felony. A conviction may result in five years to life imprisonment and fines up to $10,000. Certain circumstances may also affect parole eligibility.

Capital murder carries far more severe consequences. Texas Penal Code §12.31 governs punishment for capital felonies. For defendants who were eighteen years of age or older at the time of the offense, prosecutors may pursue either life imprisonment without parole or the death penalty.

For defendants who were younger than eighteen at the time of the offense, the United States Supreme Court has prohibited capital punishment. Those defendants may face life imprisonment without parole eligibility considerations governed by Texas law. Because the sentencing exposure is so severe, capital murder cases receive extraordinary attention from prosecutors, investigators, and law enforcement agencies.

### Intent Plays A Major Role In Homicide Cases

Intent is one of the most heavily litigated issues in homicide prosecutions. Prosecutors must prove a defendant’s state of mind, which is often difficult because intent exists internally rather than physically.

Since prosecutors cannot read someone’s mind, they attempt to establish intent through circumstantial evidence. They may rely on statements made before the incident, surveillance footage, text messages, internet searches, prior threats, weapon evidence, and witness testimony.

Sometimes intent is disputed because events unfolded rapidly. Arguments may escalate unexpectedly, or a confrontation may spiral out of control within seconds. Distinguishing intentional conduct from reckless conduct often becomes a critical issue in these cases.

We frequently remind clients that assumptions can be dangerous. Simply because someone died does not automatically mean prosecutors can prove murder or capital murder. The evidence must support every legal element required by the statute.

### Prosecutors Aggressively Build Homicide Cases

Homicide investigations begin immediately after law enforcement arrives at a scene. Prosecutors and investigators often work together from the earliest stages of the case. Investigators collect physical evidence, conduct interviews, review surveillance footage, obtain cellphone records, analyze social media accounts, and gather forensic evidence. Medical examiners, ballistic analysts, and digital forensic professionals may all become involved.

Many people underestimate how much evidence prosecutors attempt to gather. Electronic evidence now plays a major role in many homicide cases. Text messages, GPS data, internet searches, fitness trackers, home security systems, and social media activity frequently become part of the investigation.

Every piece of evidence must be carefully scrutinized because errors can occur. Witnesses may be mistaken, forensic evidence can be challenged, and investigators do not always gather complete information before drawing conclusions.

### Defenses Exist In Murder And Capital Murder Cases

Every homicide case deserves a thorough and independent investigation. Simply because prosecutors file charges does not mean their version of events is accurate. Self-defense may apply under Texas Penal Code §9.31 and §9.32 in certain circumstances. Texas law permits individuals to protect themselves against unlawful force under specific conditions.

Mistaken identity is another issue that arises in some cases. Eyewitness testimony is not always reliable, especially during stressful situations. Surveillance footage may be unclear, and assumptions can lead investigators in the wrong direction.

Intent is frequently challenged. Prosecutors must establish the appropriate mental state beyond a reasonable doubt. In some cases, evidence may support a lesser offense rather than murder.

Constitutional violations may also become important. Illegal searches, improper interrogations, or violations of a defendant’s rights can significantly impact a case. No two homicide cases are alike. Every detail matters when building a defense strategy.

### The Difference Between Murder, Manslaughter, And Criminally Negligent Homicide

Many people are surprised to learn there are several homicide offenses in Texas. Manslaughter is governed by Texas Penal Code §19.04. It generally involves recklessly causing another person’s death rather than intentionally causing it. Criminally negligent homicide falls under Texas Penal Code §19.05 and involves causing a death through criminal negligence.

These distinctions matter because prosecutors may initially pursue serious charges while additional investigation later reveals a different offense may be more appropriate. The facts surrounding a person’s actions, intent, and decision making often determine which charge prosecutors pursue. Small factual differences can significantly alter the legal outcome.

## Call Mark Diaz & Associates To Defend Your Murder Case

Murder and capital murder investigations often begin long before an arrest occurs. In some situations, investigators may contact potential suspects months before formal charges are filed. Many people make the mistake of believing they can explain everything to investigators and avoid charges. Unfortunately, statements given during interviews frequently become evidence later.

If investigators contact you regarding a death investigation, do not answer questions without legal representation present. Protecting your rights early often creates more opportunities to build an effective defense strategy. The earlier a defense attorney becomes involved, the sooner evidence can be preserved, witnesses can be interviewed, and legal strategies can be developed.

In homicide cases, timing matters. Decisions made in the first days and weeks of an investigation can affect the direction of the entire case. Contact our [Texas murder defense attorney](https://texascriminaljustice.com/homicide/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Homicide

---

### [Employee Theft Charges In Galveston](https://texascriminaljustice.com/employee-theft-charges-in-galveston/)

**Published:** July 1, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Employee Theft Charges In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/07/Employee-Theft-Charges-In-Galveston.png "Employee Theft Charges In Galveston")If you are accused of stealing from your employer, the effects can be both immediate and long-lasting. Often, investigations start well before any arrest, and employees may not realize that management has been collecting evidence for weeks or months. In [Galveston](https://www.galveston.com/), employers often work with law enforcement, loss prevention teams, accountants, and private investigators when they suspect theft.

These accusations can impact more than just your legal case—they can affect your job prospects, professional licenses, and reputation. If you are being investigated or have been charged, learning how Texas law applies is a key step to protecting your rights and your future.

## Understanding Employee Theft Under Texas Law

Texas law does not have a separate criminal offense specifically called “employee theft.” Instead, these cases are generally prosecuted under [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03), which governs theft offenses. Under the statute, a person commits theft if they unlawfully appropriate property with the intent to deprive the owner of that property.

When someone is accused of stealing from their employer, prosecutors usually claim the employee used their trusted position to take money, inventory, equipment, customer payments, confidential information, or other company property. Often, these cases involve more than just one event. Employers may look at records from long periods and say that losses happened many times over weeks, months, or even years.

These cases can be complicated because many jobs involve handling money, merchandise, inventory, company vehicles, or financial records. Sometimes, employees have the right to use company property, which can lead to disagreements about intent and permission. The main question is often whether the employee meant to steal or just made a mistake while doing their job.

### Common Types Of Employee Theft Allegations

There are many ways employee theft can be alleged. Sometimes, employees are accused of taking cash from a register or safe. Other times, the claims involve taking inventory, tools, equipment, electronics, or merchandise from work without permission.

We also handle cases where employees are accused of payroll fraud, expense reimbursement fraud, misusing company credit cards, falsifying financial records, or using business accounts improperly. In bigger companies, employers might claim that workers diverted customer payments, changed invoices, or made unauthorized transactions to hide theft.

Technology has changed how these investigations work. Many companies now use surveillance cameras, digital inventory systems, electronic payment records, access logs, and internal audits. This means employers often have a lot of data when making accusations. Still, having records does not always prove a crime happened. These records need to be reviewed closely to see if they really support the claims.

### The Value Of The Property Can Significantly Affect The Charges

One of the most important factors in any Texas theft case is the value of the property allegedly taken. Texas Penal Code §31.03 establishes different offense levels depending on the amount involved.

If the value of the property is low, the charge may be a misdemeanor. But if the amount is higher, it can quickly become a felony. Prosecutors often try to combine several alleged incidents into one case, which can make the total loss seem larger and lead to more serious charges. Felony charges carrying the possibility of significant prison exposure. The difference between a misdemeanor and a felony can have a profound effect on a person’s future, making it critical to examine how the employer calculated the alleged loss.

We carefully review inventory records, accounting reports, financial statements, and internal investigations to see if the claimed losses are backed by solid evidence.

### How Employee Theft Investigations Usually Begin

Many people are surprised to learn that an employee theft investigation often begins internally long before law enforcement becomes involved. Employers frequently conduct their own reviews when inventory shortages, accounting discrepancies, or unexplained financial losses are discovered.

Management may review surveillance footage, transaction records, time records, computer activity, access logs, and employee communications. In some situations, employers conduct interviews with workers before reporting the matter to the police.

One of the most common mistakes employees make is assuming that an internal meeting is simply an employment matter. Statements made during these meetings can later become evidence in a criminal prosecution. Employers are generally not required to advise employees of constitutional rights before asking questions because they are not acting as law enforcement officers.

By the time police become involved, the employer may already have assembled extensive documentation supporting the allegations. This is one reason why early legal representation can be so important.

### Intent Is Often The Most Important Issue

One of the key elements prosecutors must prove is intent. Texas Penal Code §31.03 requires proof that the defendant intended to deprive the owner of property.

Intent is often where employee theft cases become highly contested. Not every workplace mistake is a crime. Accounting errors, inventory discrepancies, recordkeeping mistakes, misunderstandings regarding authorization, and procedural violations do not automatically establish criminal intent.

For example, an employee may believe they have permission to use certain property, take equipment off-site, process a transaction in a particular manner, or access funds for a legitimate business purpose. What an employer later views as theft may actually be the result of confusion, poor communication, or a misunderstanding regarding company policies.

Because intent exists in a person’s state of mind, prosecutors often rely on circumstantial evidence. That evidence must be carefully examined because assumptions are frequently made during workplace investigations.

### Potential Consequences Of A Conviction

A theft conviction can create serious consequences beyond fines or jail time. Many employers conduct background checks, and theft-related offenses often raise concerns regarding honesty, trustworthiness, and financial responsibility.

Certain professions may face licensing issues following a theft conviction. Individuals working in healthcare, finance, education, government positions, and other regulated industries may encounter additional scrutiny when applying for employment or renewing professional licenses.

The consequences can be particularly severe when the offense is charged as a felony. A felony conviction can affect future job opportunities, housing applications, educational opportunities, and other important areas of life.

Because the stakes are so high, every allegation should be thoroughly investigated before decisions are made regarding how to resolve the case.

### Defenses That May Apply In Employee Theft Cases

Every case requires an independent evaluation of the facts. Simply because an employer believes theft occurred does not mean the prosecution can prove the allegation beyond a reasonable doubt.

We frequently examine whether the employer’s records are accurate and whether the investigation was conducted properly. Accounting systems can contain errors, inventory records may be incomplete, and surveillance footage does not always tell the entire story.

Questions often arise regarding authorization and ownership. In some situations, employees had permission to access property or believed they were acting within the scope of their job duties. In other cases, multiple employees had access to the same property, making it difficult to determine who was actually responsible for the alleged loss.

We also analyze witness credibility, interview procedures, and the methods used to calculate losses. Many employee theft cases involve assumptions rather than direct evidence. A thorough review of the evidence is essential before conclusions are reached.

### What To Do If You Are Under Investigation

If you suspect your employer is investigating you for theft, it is important to remain calm and avoid making decisions based on fear or frustration.

Many people make the mistake of trying to explain themselves in lengthy conversations with management or investigators. While it may seem like a good idea to immediately defend yourself, those statements can later be used as evidence.

You should also avoid destroying documents, deleting electronic records, or attempting to alter information. Actions that appear designed to conceal evidence can significantly complicate the situation.

Most importantly, if law enforcement contacts you, exercise your right to remain silent and speak with a criminal defense attorney before answering questions. Early legal guidance can help protect your rights and prevent mistakes that may be difficult to correct later.

## FAQs About Employee Theft Charges In Galveston

### Can I Be Charged Even If My Employer Has Not Fired Me?

Yes. Criminal charges and employment decisions are separate matters. An employer may choose to retain an employee while an investigation is ongoing, but law enforcement may still pursue criminal charges if they believe a crime occurred.

### Can My Employer Accuse Me Without Direct Evidence?

Yes. Many employee theft cases rely on circumstantial evidence rather than direct proof. Prosecutors may use accounting records, inventory reports, surveillance footage, transaction histories, and witness statements to support their allegations.

### What If Multiple Employees Had Access To The Missing Property?

This is often an important defense issue. When multiple people have access to money, inventory, equipment, or records, it may be difficult for prosecutors to prove who was actually responsible for the alleged loss.

### Can A Workplace Mistake Be Mistaken For Theft?

Absolutely. Inventory shortages, bookkeeping errors, accounting mistakes, and misunderstandings regarding company policies sometimes lead to theft allegations. Criminal intent remains a critical issue that prosecutors must prove.

### Should I Talk To Police If They Want My Side Of The Story?

We generally recommend speaking with an attorney before answering questions from law enforcement. Statements made during an investigation can become evidence later, even if you believe you are helping yourself by explaining the situation.

## Contact Mark Diaz & Associates About Employee Theft Charges In Galveston

An employee theft allegation can threaten your career, your reputation, and your future. These cases often involve extensive investigations, financial records, surveillance footage, and allegations that may have developed over months before charges were filed. Taking the accusation seriously from the beginning is extremely important.

At Mark Diaz & Associates, we defend individuals facing theft charges throughout Galveston and across the city of Houston, Texas. We carefully examine the evidence, challenge unsupported assumptions, and work aggressively to protect our clients’ rights at every stage of the criminal process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or have been charged with employee theft, contact our [Galveston criminal law lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Theft Defense Lawyer

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### [How Long Does Record Sealing Take In Texas?](https://texascriminaljustice.com/how-long-does-record-sealing-take-in-texas/)

**Published:** June 30, 2026
**Author:** Mark Diaz & Associates

**Content:**

![How Long Does Record Sealing Take In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/How-Long-Does-Record-Sealing-Take-In-Texas.png "How Long Does Record Sealing Take In Texas")A criminal record can impact almost every part of your life, even years after your case ends. Many people find that old arrests, dismissed cases, or past convictions still show up on background checks for jobs, housing, licenses, and school. One of the first things clients ask us is, “How long does record sealing take in Galveston?” The answer depends on several things, like the type of case, your eligibility, and how quickly the courts handle your petition.

While many people call it record sealing, Texas law usually calls this process an order of nondisclosure. Knowing how the process works can help you set realistic expectations and avoid mistakes that might slow down your case.

## Understanding The Difference Between Record Sealing And Expunction In Texas

Many people think expunction and record sealing mean the same thing, but they are different legal options in Texas. It’s important to know the difference because the rules for who qualifies are very different.

Expunction completely removes certain records from public access. It is governed by [Chapter 55](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A) of the Texas Code of Criminal Procedure. If an expunction is granted, courts, law enforcement agencies, and many government entities are ordered to destroy or return records associated with the case. In many situations, a person may legally deny that the arrest ever occurred.

Record sealing usually happens through an order of nondisclosure under Texas Government [Code Chapter 411, Subchapter E-1](https://statutes.capitol.texas.gov/docs/GV/htm/GV.411.htm). This order does not erase your record. Instead, it limits who can see it. The public, employers, and landlords can’t view the record, but some government agencies still have access.

Some people feel disappointed when they find out they don’t qualify for expunction, but they might still be able to get a nondisclosure order. Both options have important benefits, but you need to carefully review your criminal history to see which one fits your situation.

### How Long Does The Record Sealing Process Usually Take?

The timeline is different for each case, but most nondisclosure petitions take a few months from start to finish.

In many Texas counties, the process usually takes between three and nine months after you file your petition. Some cases move faster, while others take longer, depending on court schedules and how busy the courts are. In bigger areas like Houston, crowded court dockets can slow things down.

The first step is to figure out if you are eligible. Before filing anything, we look at your criminal history, case records, and the waiting periods set by Texas law. If you file too soon, the court might deny your petition.

After you file the petition, prosecutors and other agencies can review your request and object if they think you don’t qualify. Then, the court looks at the information and decides if granting the order is fair. Patience is important because even straightforward cases involve multiple agencies and administrative steps.

### Eligibility Often Determines The Timeline

Eligibility is often the biggest factor that determines how long the process takes.

[Texas Government Code §411.072](https://codes.findlaw.com/tx/government-code/gov-t-sect-411-072/) allows certain individuals who successfully completed deferred adjudication community supervision to seek nondisclosure orders. However, not every offense qualifies. Certain serious offenses are permanently excluded from eligibility.

[Texas Government Code §411.073](https://statutes.capitol.texas.gov/docs/GV/htm/GV.411.htm) also provides relief in some situations involving completed sentences for misdemeanor offenses.

The waiting periods vary significantly depending on the offense involved. Some individuals may file immediately after successfully completing deferred adjudication, while others must wait two years or five years before becoming eligible.

If someone files before satisfying the waiting period, the case may be delayed or denied. This is one reason why properly evaluating eligibility at the beginning is so important. We regularly review criminal histories because people often misunderstand their eligibility requirements. A single mistake can add months to the process.

### What Offenses Cannot Be Sealed In Texas?

Not every offense qualifies for nondisclosure.

Texas law excludes many serious offenses from eligibility. Certain violent offenses, offenses requiring sex offender registration, family violence offenses, aggravated kidnapping, murder, human trafficking, and certain injury to a child offenses are among the crimes that may permanently disqualify someone from obtaining a nondisclosure order.

Family violence allegations create particular complications because even some misdemeanor family violence convictions can prevent eligibility.

This often surprises people because they assume every old record can eventually be hidden from public view. Unfortunately, Texas law places significant restrictions on who qualifies.

We encourage clients not to assume they are ineligible simply because they were previously denied or because someone told them they would never qualify. Laws change periodically, and every criminal history deserves an individualized review.

### Why The Court Process Sometimes Takes Longer Than Expected

Many people expect record sealing to happen automatically once paperwork is filed. In reality, multiple agencies become involved in the process.

The court must review the petition, prosecutors may review the request, clerks process documents, and state agencies update their records after approval. Any delay at one stage can extend the timeline.

Errors in paperwork are another common cause of delays. Incorrect dates, missing case numbers, incomplete criminal histories, and filing mistakes can all create setbacks.

Background checks also create confusion because records do not disappear immediately after a judge signs an order. Government databases, third-party reporting agencies, and private background check companies update their records at different speeds. We frequently remind clients that obtaining the court order is only one step in the overall process.

### What Happens After A Judge Grants A Nondisclosure Order?

Once a judge signs the order, the process is not completely finished.

The Texas Department of Public Safety receives the order and distributes information to various agencies responsible for maintaining criminal records. Those agencies then update their databases to restrict public access.

This administrative process may take additional weeks after the order is signed. During this period, some background check companies may still display outdated information until their systems are updated.

Eventually, most employers, landlords, and members of the public will no longer have access to the record through standard background checks.

However, certain government entities continue to retain access. Law enforcement agencies, courts, licensing boards, and certain state agencies may still view the information under Texas law. Many clients experience significant relief once the process is completed because old cases no longer create the same barriers they once did.

### Common Mistakes People Make During The Process

One of the biggest mistakes people make is assuming they qualify without verifying their eligibility. Texas law contains numerous exceptions and waiting periods that are easy to misunderstand.

Another common mistake is relying on incomplete criminal records. People often remember only one arrest while forgetting another incident that may affect eligibility.

We also see individuals attempt to file paperwork themselves without understanding the procedural requirements. While some cases may appear straightforward, even minor errors can create substantial delays.

Waiting too long can also create problems. Many people simply live with old criminal records for years without realizing relief may be available. Those unnecessary delays can affect employment opportunities, housing applications, and professional advancement. Seeking legal guidance early often creates a more efficient process.

## Why Early Legal Guidance Can Make The Process Easier

Record sealing cases may appear administrative, but they involve significant legal analysis. Determining eligibility, calculating waiting periods, reviewing criminal histories, and preparing accurate filings all require careful attention.

Many clients come to us after receiving conflicting information from friends, family members, or online sources. Unfortunately, generalized advice is often incorrect because every person’s criminal history is different.

The earlier we become involved, the sooner we can determine whether relief is available and begin building an effective strategy. In many situations, clients are pleasantly surprised to learn they qualify for remedies they did not know existed.

A criminal record does not always have to define your future. Texas law provides opportunities for many individuals to move forward and rebuild their lives.

## Frequently Asked Questions About Record Sealing In Texas

### How Long Does Record Sealing Usually Take In Texas?

Most nondisclosure cases take approximately three to nine months from the time the petition is filed. However, timelines vary depending on court schedules, county workloads, and the complexity of the criminal history involved.

### Is Record Sealing The Same As Expunction?

No. Expunction destroys or removes qualifying records under Texas law, while a nondisclosure order limits public access to the information. Certain government agencies may still retain access after a nondisclosure order is granted.

### Can Every Criminal Record Be Sealed?

No. Texas law excludes certain serious offenses from eligibility. Violent offenses, some family violence offenses, and crimes requiring sex offender registration are among the offenses that may permanently disqualify someone from obtaining relief.

### Can Employers Still See My Record After It Is Sealed?

Most employers conducting standard background checks will no longer have access to the information. However, certain government agencies, licensing boards, and law enforcement entities may still retain access.

### Can I File The Petition Myself?

You may be able to file the paperwork yourself, but many people encounter delays because of filing errors, eligibility misunderstandings, or incomplete records. Legal guidance often helps avoid unnecessary setbacks.

## Contact Mark Diaz & Associates About Record Sealing In Galveston

An old criminal record should not continue creating obstacles years after a case is over. If you are wondering whether you qualify for record sealing or how long the process may take, obtaining accurate information early can save time, frustration, and unnecessary delays.

At Mark Diaz & Associates, we help clients throughout Galveston and across the city of Houston, Texas, determine whether expunction or nondisclosure relief may be available. We carefully review criminal histories, identify eligibility requirements, and work to help our clients move forward.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout [Galveston County](https://www.galvestoncountytx.gov/) and all of Houston, Texas, and we are ready to help you determine whether your criminal record can be sealed and what steps are available to protect your future.

**Categories:** Expungement

---

### [What Happens After A Domestic Violence Arrest In Galveston?](https://texascriminaljustice.com/what-happens-after-a-domestic-violence-arrest-in-galveston/)

**Published:** June 29, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Happens After A Domestic Violence Arrest In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-Happens-After-A-Domestic-Violence-Arrest-In-Galveston.png "What Happens After A Domestic Violence Arrest In Galveston")A domestic violence arrest can change your life very quickly. Most people never imagine that a family argument or emotional moment could lead to handcuffs, criminal charges, and jail. After an arrest, things often move faster than expected. In [Galveston](https://www.galvestoncountytx.gov/), prosecutors, judges, and police take these cases seriously. Even if the alleged victim wants to drop the case, the prosecution may still go forward.

We often meet people who are surprised to learn that one difficult night can lead to legal, financial, and personal problems that last for years. If you have been arrested for domestic violence in Galveston or Houston, learning what happens next is a key step to protecting your future.

## Understanding How Texas Defines Domestic Violence

Many people mistakenly believe that domestic violence is a separate crime in Texas. In fact, it is usually an assault charge involving a family member, someone you live with, or a dating partner.

[Texas Family Code §71.004](http://statutes.capitol.texas.gov/docs/fa/pdf/fa.71.pdf) defines family violence as an act intended to result in physical harm, bodily injury, assault, or a threat that reasonably places another person in fear of imminent physical harm. The law applies to spouses, former spouses, dating partners, family members, household members, and individuals who share children together.

Most of the time, the criminal charge is based on [Texas Penal Code §22.01](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01), which covers assault. You can be charged if prosecutors think you caused bodily injury to someone else on purpose, by accident, or by being careless. Even minor injuries like pain, redness, bruising, or swelling can meet the legal definition of bodily injury in Texas.

It often surprises people that you do not need visible injuries to be arrested. Police may use witness statements, photos, body camera video, 911 calls, and what people say at the scene to decide if there is enough reason to make an arrest.

### What Happens Immediately After The Arrest

After a domestic violence arrest, you are usually taken to jail for booking and processing. Depending on your situation, you might have to stay in jail until you see a magistrate judge.

At your first court appearance, the judge may set bond conditions that can greatly affect your daily life. These rules are often stricter than most people expect. Many times, judges order you not to contact the alleged victim while your case is ongoing.

The judge might also order you not to return home, even if your name is on the lease or deed. This can quickly create problems with housing, work, children, money, and your personal things.

Many people feel overwhelmed at this stage because things move so fast. Remember, choices you make in the first few days after an arrest can have a big effect on your case.

### Why The Case May Continue Even If The Alleged Victim Wants To Drop The Charges

One of the most common statements we hear is, “The other person wants to drop the charges.”

Unfortunately, that is not how the process works. In Texas, alleged victims do not have the authority to dismiss criminal cases. Once an arrest occurs, the case belongs to the State of Texas. Prosecutors ultimately decide whether to continue pursuing the charges.

This often surprises families because emotions usually calm down after an argument. Couples may make up, clear up misunderstandings, and want to move forward. Still, prosecutors can keep working on the case even if the alleged victim does not help.

Many domestic violence cases proceed without the alleged victim’s participation. Prosecutors may rely on 911 recordings, photographs, medical records, witness statements, surveillance footage, body camera footage, and prior incidents to support their case. This is one reason why getting a lawyer right away is so important.

### No-Contact Orders Can Create Additional Problems

In many domestic violence cases, the judge will order you not to contact the other person as a condition of your bond. These rules are meant to protect the alleged victim while the case is still open. messages, emails, social media messages, third-party communication, and physical proximity to the other person. Violating these restrictions can create entirely new legal problems.

A common mistake is thinking the alleged victim can let you contact them. This is not true. Only the court can change a no-contact order.

Even if the alleged victim calls you, asks you to come home, or wants to make up, you can still break the order by replying. We always tell clients to treat bond conditions as seriously as the charges. Breaking a court order can make things much worse very quickly.

### Potential Criminal Penalties Can Be Severe

Domestic violence charges can have serious consequences under Texas law. Many first-time assault family violence cases are charged as Class A misdemeanors. Under [Texas Penal Code §12.21](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.21), a Class A misdemeanor carries penalties of up to one year in county jail and fines of up to $4,000.

Some situations can make the penalties much harsher. If you have past family violence convictions, or if the case involves strangulation, serious injury, or children, the charge can become a felony.

[Texas Penal Code §22.01(b)(2)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01) elevates certain assault family violence cases to a third-degree felony when prior convictions exist. Under [Texas Penal Code §12.34](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.34), third-degree felonies carry penalties ranging from two to ten years in prison and fines up to $10,000.

The effects of a conviction go beyond jail time and fines. It can impact your job, housing, professional licenses, gun rights, and immigration status. Because family violence convictions carry unique long-term consequences, defending these cases aggressively from the beginning is extremely important.

### Evidence Often Determines The Outcome Of Domestic Violence Cases

Many people think these cases are just one person’s word against another’s. In fact, prosecutors often use many types of evidence. Body camera footage has become one of the most important pieces of evidence in domestic violence cases. Officers frequently capture emotional statements, visible injuries, and conditions inside the home immediately after an incident occurs.

911 recordings can also significantly impact a case. Prosecutors often use these recordings to establish fear, urgency, or the events leading up to the incident.

Digital evidence has become increasingly important as well. Text messages, social media communications, surveillance footage, photographs, and cellphone videos often reveal information that helps establish context.

We thoroughly investigate every source of evidence because initial assumptions are often incorrect. Sometimes evidence supports the prosecution’s version of events, but other times it reveals inconsistencies that can substantially strengthen the defense.

### Defenses May Be Available In Domestic Violence Cases

Every domestic violence case is unique, which means every defense strategy should be unique as well. Some cases involve self-defense allegations. Under Texas Penal Code §9.31, individuals may use force when they reasonably believe it is immediately necessary to protect themselves against another person’s unlawful use of force.

False allegations also occur. Emotional arguments, ongoing relationship disputes, divorces, child custody battles, and financial disagreements can sometimes influence accusations.

In other situations, prosecutors may struggle to prove that bodily injury occurred. Medical records, photographs, and witness statements often become important when evaluating these issues.

We also examine whether statements made to police were obtained lawfully and whether investigators overlooked important evidence that supports the defense. No two cases are identical, which is why careful investigation is essential.

## What You Should Do After A Domestic Violence Arrest

Many people unintentionally damage their own cases after they are released from custody. Do not contact the alleged victim unless your attorney confirms the communication is permitted. Even well-intended efforts to apologize or repair the relationship may create additional legal problems.

Do not discuss the case on social media. Prosecutors regularly review Facebook, Instagram, TikTok, and other platforms during investigations.

You should also preserve evidence immediately. Save text messages, emails, photographs, videos, and witness information that may help your defense.

Most importantly, avoid speaking with law enforcement without legal representation. Many people believe they can explain away misunderstandings, but those statements often become evidence later. Early legal intervention frequently creates more opportunities to protect your rights and build a strong defense strategy.

## Frequently Asked Questions About Domestic Violence Arrests In Galveston

### Can The Alleged Victim Drop The Charges?

No. Once an arrest occurs, the case belongs to the State of Texas. Prosecutors decide whether to continue pursuing the charges. Even if the alleged victim no longer wants to cooperate, the case may continue using other forms of evidence.

### Will I Have To Leave My House After An Arrest?

Possibly. Judges frequently issue bond conditions that prohibit defendants from returning home while the case remains pending. This can happen even if your name is on the lease or deed.

### Can I Contact The Alleged Victim If They Contact Me First?

No. If a no-contact order exists, only the court can modify it. The alleged victim cannot give you permission to ignore a judge’s instructions.

### Can Domestic Violence Charges Be Dismissed?

Yes, but it depends on the facts and evidence involved. Weak evidence, inconsistent statements, self-defense claims, and procedural issues may create opportunities to challenge the case.

### Will A Domestic Violence Conviction Affect My Future?

Yes. Family violence convictions often carry long-term consequences involving employment, housing, professional licensing, firearm rights, and future criminal penalties. That is why obtaining legal representation early is so important.

## Contact Our Galveston Domestic Violence Defense Attorney For A Free Consultation

A domestic violence arrest can affect every aspect of your life. Your freedom, your family, your reputation, and your future may all be at stake. These cases move quickly, and every decision you make can influence the outcome.

At Mark Diaz & Associates, we aggressively defend clients accused of domestic violence offenses throughout Galveston and across the city of Houston, Texas. We understand how prosecutors build these cases, how law enforcement investigates these allegations, and how to identify weaknesses in the evidence.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been arrested for domestic violence, call our [Galveston domestic violence defense lawyer](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Domestic Violence Lawyer

---

### [Why You Should Not Speak To Police During A Murder Investigation Without A Lawyer](https://texascriminaljustice.com/why-you-should-not-speak-to-police-during-a-murder-investigation-without-a-lawyer/)

**Published:** June 26, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Why You Should Not Speak To Police During A Murder Investigation Without A Lawyer](https://texascriminaljustice.com/wp-content/uploads/2026/06/Why-You-Should-Not-Speak-To-Police-During-A-Murder-Investigation-Without-A-Lawyer.png "Why You Should Not Speak To Police During A Murder Investigation Without A Lawyer")Few situations are more frightening than learning you are connected to a murder investigation. Sometimes people are contacted because they are a witness, a person of interest, a friend of someone involved, or simply because they were in the wrong place at the wrong time. Many people believe that if they are innocent, speaking openly with investigators will quickly clear everything up. Unfortunately, murder investigations do not work that way.

In [Galveston](https://www.galvestoncountytx.gov/) and throughout Houston, homicide investigators build cases carefully over time, and even truthful statements can unintentionally create legal problems. We frequently tell clients that one poorly worded sentence can change the direction of an entire investigation. If law enforcement wants to speak with you about a murder case, protecting your rights before answering questions is one of the most important decisions you will make.

## Police Officers Are Gathering Evidence, Not Eliminating Suspects

Many people walk into police interviews believing investigators simply want to hear their side of the story. In reality, homicide investigations are evidence-gathering operations. Detectives are trained to obtain information that can help establish timelines, identify inconsistencies, and connect individuals to events surrounding a death.

Texas law enforcement agencies often spend weeks or months building murder cases before making arrests. By the time investigators ask to speak with someone, they may already possess surveillance footage, phone records, witness statements, forensic evidence, and digital communications. They are not necessarily starting an investigation when they contact you. In many situations, they are filling in gaps in the evidence they have already collected.

We frequently see people underestimate how much information investigators already possess. A person may believe they are helping police when, in reality, they are unknowingly providing additional evidence that strengthens a future prosecution. Every statement you make can become part of the investigation. Even innocent explanations can be misunderstood later. Once words are spoken, they become evidence that prosecutors may examine for months or even years.

### Murder Investigations Are Different Than Other Criminal Cases

Murder investigations receive enormous attention from law enforcement agencies because they involve the loss of human life. Officers, detectives, prosecutors, and forensic teams often work together to build these cases.

Under [Texas Penal Code §19.02](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.19&artSec=19.02), murder generally involves intentionally or knowingly causing the death of another person, intending to cause serious bodily injury that results in death, or causing a death while committing another dangerous felony offense. The penalties are severe, and convictions can result in life-altering consequences.

Because the stakes are so high, investigators often devote significant resources to these cases. Multiple interviews, search warrants, forensic testing, and digital investigations are common. People are often surprised to learn how extensive modern murder investigations have become.

This is one reason we strongly encourage people not to approach these interviews casually. A homicide investigation is not a simple conversation. It is part of a sophisticated legal process that can permanently alter someone’s future.

### Innocent People Frequently Believe They Can Explain Everything Away

One of the biggest mistakes we see is the belief that innocent people have nothing to fear. We regularly hear statements such as, “I have nothing to hide,” or “If I tell the truth, everything will be fine.” While honesty is important, that mindset can create serious risks during a murder investigation.

Memory is imperfect. People forget timelines, confuse dates, and unintentionally provide inaccurate information. Under stressful circumstances, these mistakes become more common. Investigators may later compare your statements against phone records, surveillance videos, witness interviews, and electronic data.

Even minor inconsistencies can create suspicion. Something as simple as being wrong about the time you left a location may lead investigators to question your credibility. Once detectives believe portions of your statement are inaccurate, they may begin to view you differently. The issue is not whether you are innocent or guilty. The issue is protecting yourself from making mistakes during an extremely high-stakes investigation.

### You Have Constitutional Rights That Should Be Exercised

The United States Constitution provides important protections during criminal investigations. One of the most important is the Fifth Amendment right against self-incrimination.

You have the right to remain silent. You also have the right to an attorney.

Exercising these rights is not an admission of guilt. Many people worry that asking for a lawyer will make them appear suspicious. That simply is not true. Prosecutors, detectives, judges, and defense attorneys all understand that legal representation is a constitutional protection.

We often tell clients that their rights only work if they use them. Waiting until after you have already given lengthy statements may limit your options.

If investigators contact you about a murder investigation, one of the safest responses is to politely state that you want an attorney before answering questions.

### Detectives Are Trained Interviewers

Many people underestimate how skilled homicide investigators are during interviews. Detectives are trained to establish rapport, build trust, and encourage people to continue talking. Interviews are often designed to feel conversational rather than confrontational. This sometimes creates a false sense of security.

Investigators may tell you that they simply want to eliminate you as a suspect. They may say they only need a few minutes of your time. They may even suggest that refusing to talk will make you appear suspicious.

These statements often cause people to continue speaking when they should stop.

Remember that investigators are not required to tell you every detail they know about the case. In some situations, police may strategically withhold information while observing how you respond to certain questions. This is why having legal counsel present is so important. An attorney helps protect you from making statements that can later be used against you.

### Digital Evidence Is A Major Part Of Modern Murder Investigations

Technology now plays a significant role in homicide investigations. Detectives routinely analyze cell phone records, GPS data, surveillance footage, social media accounts, text messages, search histories, and electronic financial transactions. Many people do not realize how much digital information exists about their daily activities.

Investigators often compare digital evidence against verbal statements. If discrepancies exist, they may argue that the inconsistencies demonstrate dishonesty.

We also frequently warn clients not to delete information. Deleting messages, photographs, or social media content after learning about an investigation may create additional legal concerns. Instead, preserve everything and discuss the matter with your attorney. Protecting evidence is often just as important as protecting your own statements.

### False Accusations And Misidentifications Happen More Often Than People Realize

Not every person involved in a murder investigation committed a crime. False accusations occur. Witnesses make mistakes. Eyewitness identification can be unreliable. People may intentionally shift blame to protect themselves.

Many murder investigations involve multiple individuals who know one another personally. Friends, coworkers, former partners, and acquaintances may all become part of the investigation.

Under pressure, people sometimes provide inaccurate information to investigators. Unfortunately, innocent people can become caught in those situations. This is another reason why independent legal representation matters. Your attorney is focused on protecting your interests rather than advancing the government’s investigation.

## What You Should Do If Police Contact You About A Murder Investigation

Stay calm and avoid making emotional decisions. Do not agree to an interview simply because investigators say it will help you. Do not assume you can explain everything away on your own.

Politely decline to answer questions until you have legal representation present. Do not attempt to destroy evidence, contact witnesses, or discuss the investigation on social media.

You should also avoid contacting other people involved in the case because those communications may be monitored or later become evidence. The sooner an attorney becomes involved, the more opportunities exist to protect your rights and avoid mistakes that could have long-lasting consequences.

## FAQs About Speaking To Police During A Murder Investigation

### If I Am Innocent, Why Should I Have A Lawyer Present?

Because innocent people make mistakes under pressure. Stress, fear, and confusion can affect memory and communication. An attorney helps protect your rights and ensures you do not unintentionally create problems for yourself.

### Am I Required To Speak To Detectives?

Not necessarily. Unless you are legally compelled under specific circumstances, you generally have the right to remain silent and request legal counsel before answering questions.

### Will Asking For A Lawyer Make Me Look Guilty?

No. Asking for an attorney is a constitutional right. Exercising your rights is not an admission of guilt and should never be treated as one.

### Can Police Lie During An Investigation?

In some situations, investigators are legally permitted to use certain deceptive interview tactics. This is one reason why speaking without an attorney can be risky.

### Should I Delete Messages Or Social Media Posts?

No. Deleting information can create additional legal concerns. Preserve everything and immediately speak with an attorney before taking any action.

## Contact Mark Diaz & Associates If Police Want To Speak With You During A Murder Investigation

Learning that police want to question you in connection with a murder investigation is overwhelming. Whether you are a witness, a person of interest, or someone who unexpectedly became part of the investigation, every decision you make matters.

At Mark Diaz & Associates, we aggressively protect clients involved in serious criminal investigations throughout Galveston and across the city of Houston, Texas. Early legal intervention often makes a tremendous difference in protecting your future before charges are ever filed.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If police want to speak with you during a murder investigation, do not wait to protect yourself. Call our [Galveston homicide defense attorney](https://texascriminaljustice.com/homicide/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help protect your future. We represent clients throughout Galveston and all of Houston, Texas, and we are ready to begin protecting your rights immediately.

**Categories:** Homicide

---

### [Prescription Drug Charges In Galveston](https://texascriminaljustice.com/prescription-drug-charges-in-galveston/)

**Published:** June 28, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Prescription Drug Charges In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/Prescription-Drug-Charges-In-Galveston.png "Prescription Drug Charges In Galveston")Many people are caught off guard by prescription drug charges because they never thought they were breaking the law. We often help clients who have jobs, families, and no criminal record, but end up arrested for having medication that wasn’t prescribed to them. Some are accused of getting prescriptions fraudulently, sharing medicine with someone else, or having more pills than police think are for personal use.

In [Galveston County](https://www.galvestoncountytx.gov/), prosecutors take these cases seriously since many prescription drugs are considered controlled substances under Texas law. Even if a doctor or pharmacy provided the medication, having it without a valid prescription can lead to serious criminal charges. If you’ve been arrested for a prescription drug offense, learning how Texas law applies to your case is a key first step to protecting your future.

## What Are Prescription Drug Charges In Texas?

A lot of people think prescription medications are always legal since doctors prescribe them so often. But whether they’re legal depends on who has them, how they got them, and if they’re being used as directed.

Texas law regulates prescription medications through the Texas Controlled Substances Act found in Chapter 481 of the Texas Health and Safety Code. Certain medications are classified into penalty groups based on their potential for abuse and accepted medical uses.

Common drugs involved in these cases include Xanax, Valium, Adderall, OxyContin, Vicodin, hydrocodone, morphine, codeine, Percocet, and certain sleep medications. These medications may be perfectly legal when used by the person to whom they were prescribed. Problems arise when someone possesses medication without a valid prescription or obtains it through unlawful means.

We often meet clients who borrowed medication from a family member or friend to deal with pain, anxiety, or attention issues. While their intentions may not have been criminal, Texas law still allows prosecutors to pursue charges.

### How Prescription Drug Arrests Commonly Occur

Many prescription drug arrests begin with routine police encounters. A simple traffic stop, an accident investigation, or another unrelated interaction with law enforcement may eventually lead officers to discover medication in someone’s possession.

Police officers frequently ask drivers whether they have any illegal substances in their vehicles. During searches, officers sometimes find pill bottles, loose pills, or medications stored in containers that do not match the original prescription.

Some arrests occur after healthcare providers, pharmacists, or insurance companies identify suspicious prescription activity. Prosecutors may also investigate allegations involving forged prescriptions, doctor shopping, or fraudulent attempts to obtain medications from multiple providers.

We also see cases where individuals are arrested after sharing medication with another person. Many people do not realize that giving someone one or two pills can potentially expose them to criminal charges. Every case begins differently, but prosecutors often build these investigations around possession, intent, and how the medication was obtained.

### Possession Does Not Always Mean Ownership

One of the biggest misconceptions in these cases is that possession automatically means ownership. Texas law does not require prosecutors to prove you owned the drugs. Instead, they often focus on whether you exercised care, custody, control, or management over them.

This concept becomes especially important in vehicles, apartments, and homes occupied by multiple people. Simply being near prescription medication does not automatically make someone guilty.

We regularly defend clients who were arrested because officers discovered medication inside a shared vehicle or residence. The fact that pills were located nearby does not necessarily prove who they belonged to or who knew they were there.

Prosecutors must establish a connection between the defendant and the drugs. This often involves witness statements, fingerprints, admissions, the location of the pills, and other evidence. Every detail matters because possession cases are often more complicated than they initially appear.

### Prescription Fraud Charges Can Carry Serious Consequences

Texas law also prohibits obtaining prescription medications through fraud or deception. Texas Health and Safety Code §[481.129](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.129&Date=5/27/2019) addresses fraud involving controlled substance prescriptions. This may include altering a prescription, forging a doctor’s signature, providing false information to obtain medication, or attempting to obtain duplicate prescriptions from multiple providers.

Technology has made it easier for investigators to identify suspicious patterns. Pharmacies, insurance companies, and state prescription monitoring programs often share information that allows authorities to detect irregular activity.

Sometimes people become involved without fully understanding the legal consequences. We have seen situations where family members attempted to pick up medication for someone else or individuals used outdated prescriptions, believing they were still valid. These cases often involve extensive records and require a detailed review of the evidence before conclusions are reached.

### Penalties For Prescription Drug Convictions In Texas

The penalties vary significantly depending on the medication involved, the amount possessed, and whether prosecutors allege possession, fraud, or distribution.

Texas Health and Safety Code [§481.115](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.115) governs possession offenses involving Penalty Group 1 substances. Drugs such as hydrocodone and oxycodone often fall within these categories under certain circumstances.

Small amounts may result in state jail felony charges, while larger amounts can lead to much more serious felony prosecutions. State jail felonies may carry penalties ranging from 180 days to two years in a state jail facility under [Texas Penal Code §12.35](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.35).

More serious offenses may be charged as third-degree, second-degree, or first-degree felonies. Those charges can carry prison sentences ranging from two years to life imprisonment, depending on the circumstances.

Beyond incarceration, a conviction can lead to significant fines, probation conditions, mandatory drug treatment, driver’s license consequences, and a permanent criminal record. The long-term consequences often extend far beyond the courtroom.

### A Prescription Drug Conviction Can Affect Your Future

Many people focus entirely on avoiding jail without considering the collateral consequences of a conviction. Employers frequently conduct background checks before hiring new employees. Professional licensing boards may review criminal convictions involving controlled substances. Educational opportunities, housing applications, and security clearances may also be affected.

Healthcare professionals, teachers, commercial drivers, military personnel, and individuals working in financial industries may face additional scrutiny following a conviction.

We often remind clients that these cases are not only about immediate penalties. They are also about protecting future opportunities. Early legal intervention can sometimes create opportunities to minimize long-term damage and pursue more favorable outcomes.

### Defenses That May Apply In Prescription Drug Cases

Every case deserves a thorough investigation because these charges are often more defensible than people realize. One common issue involves unlawful searches. The Fourth Amendment protects citizens from unreasonable searches and seizures. If police officers obtained evidence illegally, portions of the case may be challenged.

We also examine whether prosecutors can actually prove possession. Merely being present near medication does not automatically establish guilt.

Prescription records are another important area of investigation. Sometimes misunderstandings occur involving expired prescriptions, medication transfers, or errors within medical records.

We also evaluate whether law enforcement properly handled evidence throughout the investigation. Chain of custody issues occasionally arise, particularly in cases involving large quantities of pills or multiple evidence transfers. No two cases are identical. A careful review of the facts often reveals opportunities to challenge the prosecution’s allegations.

## What You Should Do After A Prescription Drug Arrest

The decisions you make immediately after an arrest can significantly impact your case. Do not explain your situation to police investigators without legal representation. Many people believe they can clear up misunderstandings themselves, but those statements frequently become evidence later.

Preserve any documents related to your medications. Pharmacy records, medical records, prescription labels, and physician information may become important evidence.

Do not delete text messages, emails, or other communications related to the investigation. Preserve everything and discuss the information with your attorney. Most importantly, seek legal representation as early as possible. Early intervention often creates more opportunities to build a strong defense strategy.

## FAQs About Prescription Drug Charges In Galveston

### Can I Be Arrested For Carrying Someone Else’s Prescription Medication?

Yes. Even if the medication belongs to a spouse, family member, or friend, possessing prescription medication without your own valid prescription can create criminal exposure. Many people mistakenly believe sharing medications is harmless, but Texas law treats controlled substances seriously.

### Is It Illegal To Share My Prescription Medication With Someone Else?

Yes. Giving prescription medication to another person can lead to criminal charges. Even if your intentions were good, transferring controlled substances without legal authorization may violate Texas law.

### Can I Be Charged If The Medication Was In My Car But Was Not Mine?

Possibly, but prosecutors must prove possession. Simply being near medication is not enough by itself. Your attorney will examine whether sufficient evidence actually connects you to the drugs.

### Are Prescription Drug Charges Felonies In Texas?

Many are. The severity depends on the medication involved, the amount possessed, and the circumstances surrounding the case. Some offenses may result in state jail felonies, while others can carry significant prison sentences.

### Can Prescription Drug Charges Be Defended?

Absolutely. Many cases involve constitutional issues, possession disputes, prescription record problems, or evidentiary weaknesses. Every case deserves a thorough investigation before conclusions are reached.

## Contact Mark Diaz & Associates About Your Prescription Drug Charges In Galveston

Prescription drug charges can have immediate and long-term consequences that affect your freedom, your career, and your reputation. These cases are often more complicated than people realize, and the earlier you begin building a defense, the more options may be available.

At Mark Diaz & Associates, we aggressively defend clients accused of prescription drug offenses throughout Galveston and across the city of Houston, Texas. We carefully investigate every aspect of the case and work to identify weaknesses in the evidence while protecting our clients at every stage of the process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston drug crime defense lawyer](https://texascriminaljustice.com/drug-possession/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170). We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Drug Crime Attorney

---

### [Aggravated Robbery Charges In Texas](https://texascriminaljustice.com/aggravated-robbery-charges-in-texas/)

**Published:** June 27, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Aggravated Robbery Charges In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/Aggravated-Robbery-Charges-In-Texas.png "Aggravated Robbery Charges In Texas")Aggravated robbery is one of the most serious felony charges in Texas. A conviction can mean decades in prison, heavy fines, and consequences that last long after the case ends. Many people are surprised to learn that these cases do not always involve complicated crimes or strangers with weapons.

Sometimes, the charges come from disputes between people who know each other or situations where prosecutors say a weapon was involved in another crime. In [Galveston](https://www.galvestoncountytx.gov/), prosecutors take these cases very seriously because they are seen as violent crimes. If you have been arrested or are being investigated for aggravated robbery, it is important to understand the law and act quickly to protect yourself.

## Understanding How Texas Defines Aggravated Robbery

Texas law separates robbery and aggravated robbery into two different offenses. Robbery is defined under [Texas Penal Code §29.02](https://tcss.legis.texas.gov/resources/PE/pdf/PE.29.pdf). A person may be charged with robbery if, while committing theft and intending to obtain or maintain control of property, they intentionally, knowingly, or recklessly cause bodily injury to another person or intentionally or knowingly threaten or place another person in fear of imminent bodily injury or death.

Aggravated robbery takes those allegations a step further. [Texas Penal Code §29.03](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.29&artSec=29.03) elevates the offense when certain aggravating circumstances exist. The charge becomes aggravated robbery if the prosecution alleges serious bodily injury occurred, a deadly weapon was used or exhibited, or the alleged victim was elderly or disabled.

When people hear “deadly weapon,” they often think only of guns. But Texas law covers much more. A deadly weapon can be a knife, a vehicle, a club, or anything prosecutors believe could cause death or serious injury in a given situation. The specific details of what happened are very important in these cases.

### Why Aggravated Robbery Is Treated So Seriously

Texas classifies aggravated robbery as a first-degree felony. Under [Texas Penal Code §12.32](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.32), a first-degree felony carries penalties ranging from five years to life in prison, along with fines of up to $10,000.

These tough penalties show how seriously prosecutors and judges treat cases that involve both violence and theft. Even people with no prior record can face long prison sentences if convicted. Prosecutors often put a lot of effort into these cases because they see aggravated robbery as a threat to public safety.

The effects of a conviction go far beyond time in prison. It can make it hard to find a job, get housing, keep a professional license, own a firearm, or go to school for years to come. For non-citizens, some convictions can also affect immigration status. Because so much is at risk, getting legal help early is very important.

### The Prosecution Must Prove Every Element Of The Charge

We always remind clients that being arrested does not mean you are guilty. Prosecutors must prove every part of the aggravated robbery charge beyond a reasonable doubt.

The State cannot simply show that a theft occurred. Prosecutors must establish that the theft was connected to violence, threats, or another aggravating factor recognized by Texas law. They must also prove the identity of the accused and establish that the alleged conduct occurred exactly as they claim.

Aggravated robbery cases often have different types of evidence that can be questioned. Witnesses might give conflicting statements. Surveillance videos can be unclear. Cell phone records may not show the full picture. The prosecution has a big job, and every detail is important.

Our job is to carefully review all the evidence and see if prosecutors can really prove their claims.

### Aggravated Robbery Cases Often Involve Identification Issues

Mistaken identity happens more often than most people think. Stressful situations can make it very hard for someone to correctly identify who was involved in a crime.

Often, alleged victims only have a few seconds to see what happened. Things like lighting, distance, fear, weather, and stress can all affect what they remember. Still, these identifications often become key evidence. proper identification procedures. Problems can arise when law enforcement officers unintentionally influence witnesses during lineups or photo arrays. A witness may become more confident over time, even though their original memory was uncertain.

Surveillance videos can also be tricky. Blurry images, bad lighting, or blocked views can make it hard to be sure who is in the video. Just because someone looks like the person in the footage does not mean the State can prove guilt beyond a reasonable doubt.

### Accomplice Allegations Can Complicate These Cases

Many people do not realize they can be charged with aggravated robbery even if they never actually took anything from someone else.

Texas law allows prosecutors to pursue charges against individuals they believe participated in the offense. Under Texas Penal Code §7.02, criminal responsibility may extend to someone prosecutors allege acted together with another person in committing a crime.

We frequently encounter situations where one person is accused because they were present, drove a vehicle, or associated with someone involved in the incident. However, merely being present at the scene does not automatically make someone guilty.

The prosecution must prove much more than simple association. Intent and participation become important issues in these cases. The facts surrounding a person’s involvement often determine whether the allegations can be successfully challenged.

### Electronic Evidence Plays A Significant Role In Modern Cases

Technology has dramatically changed how aggravated robbery investigations are conducted. Prosecutors routinely gather cellphone records, text messages, social media activity, location data, and surveillance footage. Investigators may attempt to reconstruct movements before and after the alleged incident.

While technology often helps prosecutors, it can also reveal weaknesses in their case. Cellphone data is not always precise. Text messages can be taken out of context. Surveillance videos may contradict witness statements.

We work quickly to preserve digital evidence because valuable information can disappear if action is delayed. Businesses often overwrite surveillance footage after a short period of time. Witness memories also fade as time passes. Early intervention allows us to identify and preserve evidence that may ultimately strengthen the defense.

### Defenses That May Apply In Aggravated Robbery Cases

Every aggravated robbery case is unique. Building a defense begins with understanding exactly what evidence the prosecution intends to present.

Some cases involve mistaken identity. Others involve unreliable witness testimony or insufficient evidence. In some situations, prosecutors cannot establish that a deadly weapon was actually used. In others, there may be no evidence proving the defendant intended to commit theft.

We also examine whether constitutional violations occurred during the investigation. Illegal searches, unlawful seizures, and improperly obtained statements may significantly impact the case.

False accusations are another possibility. Personal disputes, financial disagreements, or attempts to shift blame can sometimes motivate false allegations. A thorough investigation often reveals facts that were overlooked during the initial police investigation. The earlier a defense strategy begins, the more opportunities exist to identify weaknesses in the prosecution’s case.

## What You Should Do If You Are Under Investigation Or Arrested

Many people unintentionally damage their own defense before ever stepping into a courtroom. One of the biggest mistakes is speaking extensively with investigators without legal representation. People often believe they can explain themselves and avoid charges. Unfortunately, those statements frequently become evidence later.

You should also avoid discussing your case on social media. Prosecutors often review online accounts and may use photographs, comments, and private messages as evidence.

Do not contact alleged victims or witnesses. Even innocent communication can create additional legal problems.

Instead, preserve any evidence that may support your defense and contact an attorney immediately. Early legal representation often creates more opportunities to protect your rights and build an effective strategy moving forward.

## FAQs About Aggravated Robbery Charges In Texas

### What Is The Difference Between Robbery And Aggravated Robbery?

Robbery generally involves theft combined with bodily injury or threats of bodily injury under Texas Penal Code §29.02. Aggravated robbery under Texas Penal Code §29.03 includes additional aggravating factors such as serious bodily injury, the use or exhibition of a deadly weapon, or allegations involving elderly or disabled victims. Aggravated robbery carries significantly harsher penalties because it is classified as a first-degree felony.

### Is Aggravated Robbery A Violent Crime In Texas?

Yes. Aggravated robbery is considered a violent felony offense in Texas. Courts and prosecutors treat these allegations extremely seriously because they involve accusations of both theft and violence. These cases often carry severe prison exposure and can have lasting effects on a person’s future.

### Can I Be Charged If I Never Touched A Weapon?

Yes. Prosecutors may still pursue charges if they believe you participated in the offense or acted together with another person. Every case depends on the facts and the evidence available.

### Can Someone Be Wrongfully Identified In An Aggravated Robbery Case?

Absolutely. Mistaken identification occurs more often than many people realize. Stressful situations, poor lighting, brief encounters, and emotional distress can all affect a witness’s memory. A thorough investigation often uncovers weaknesses in identification evidence.

### Will Surveillance Footage Automatically Convince A Jury?

No. Surveillance footage is only one piece of evidence. Videos may be blurry, incomplete, or open to interpretation. Prosecutors must still prove every element of the offense beyond a reasonable doubt.

## Contact Mark Diaz & Associates If You Are Facing Aggravated Robbery Charges In Texas

An aggravated robbery charge can place your freedom and future at serious risk. These cases move quickly, and prosecutors aggressively pursue convictions because of the severe nature of the allegations. The decisions you make immediately after an arrest can significantly impact the outcome of your case.

At Mark Diaz & Associates, we aggressively defend clients facing aggravated robbery charges throughout Galveston and across the city of Houston, Texas. We thoroughly investigate the evidence, challenge weaknesses in the prosecution’s case, and work tirelessly to protect our clients at every stage of the criminal process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston robbery defense attorney](https://texascriminaljustice.com/burglary-robbery-theft/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help protect your future. We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Theft Defense Lawyer

---

### [What If You Are Accused Of Violating A No-Contact Order?](https://texascriminaljustice.com/what-if-you-are-accused-of-violating-a-no-contact-order/)

**Published:** June 25, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What If You Are Accused Of Violating A No-Contact Order](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-If-You-Are-Accused-Of-Violating-A-No-Contact-Order.png "What If You Are Accused Of Violating A No-Contact Order")If you are accused of violating a no-contact order, your criminal case can quickly become more complicated. Many people are surprised to find that what seemed like an innocent interaction can lead to new charges, bond issues, or even another arrest. In [Galveston](https://www.galvestoncountytx.gov/) and Houston, judges take these accusations seriously because no-contact orders are meant to protect alleged victims while a case is ongoing.

We often help clients who thought they were not doing anything wrong, either because the other person reached out first or because they believed a short conversation would not matter. However, Texas courts often see these situations differently. If you have been accused of violating a no-contact order, it is important to know your rights and act quickly before things get worse.

## Understanding What A No-Contact Order Means In Texas

A judge often sets a no-contact order as a bond condition after an arrest. This order is meant to stop any communication between the defendant and the alleged victim while the case moves through the court. No-contact orders are common in cases like family violence, assault, harassment, stalking, and other situations involving a specific person.

Many people think a no-contact order only stops physical meetings. In fact, these orders often cover much more. Depending on the court’s wording, the order might ban text messages, phone calls, emails, social media messages, gifts, letters, having someone else deliver a message, or even being near certain places.

Each no-contact order is different. Some ban all communication, while others allow limited contact about children, work, or legal matters. Because these orders can vary, we tell every client to read the order carefully and ask questions before doing anything. Misunderstandings can quickly become criminal allegations.

### What Can Trigger An Allegation Of A Violation?

Many people are surprised by how easy it is to be accused of violating a no-contact order. Phone calls and text messages are common examples, but many other actions can also cause legal trouble.

Social media is now a common source of violations. Direct messages, comments, tags, reactions, and even indirect posts can be used as evidence. Even if you never talk to the protected person in person, prosecutors may still claim you made contact.

Indirect contact is another common problem. If you ask a friend, family member, coworker, or anyone else to pass along a message, you may still be violating the order. Sending gifts, flowers, or letters can also cause legal issues.

We remind clients that their intentions do not always matter when it comes to violations. People often reach out to apologize, talk about family, or try to fix a relationship. Even if your reasons are good, the court may still see it as a violation. The safest thing to do is to avoid all contact until your lawyer tells you what is allowed under the court order.

### What If The Other Person Contacted You First?

This is one of the most common questions we receive. Many defendants believe they are safe if the protected person initiates communication. Unfortunately, that is not how Texas law works. Once a judge issues a no-contact order, the restrictions remain in effect until the court officially modifies or removes them.

We often see cases where the other person sends texts, asks someone to come home, or tries to restart the relationship. Many people think it is okay to respond since they did not start the conversation.

Even if the other person keeps reaching out, responding can still get you into legal trouble. What seems like trying to fix things can quickly become evidence against you in court. If this situation occurs, speak with your attorney before responding.

### Criminal Penalties Can Be Serious

Texas law imposes significant consequences for violating certain court orders. [Texas Penal Code §25.07](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.25&artSec=25.07) makes it a criminal offense to knowingly or intentionally violate certain protective orders and magistrate orders. Depending on the circumstances, prosecutors may file entirely new criminal charges in addition to any existing case you are already facing.

Many first offenses are prosecuted as Class A misdemeanors. Under [Texas Penal Code §12.21](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.21), a Class A misdemeanor can carry penalties of up to one year in county jail and fines of up to $4,000.

Certain situations may elevate the offense to a third-degree felony. Prior convictions involving court order violations or allegations involving stalking can substantially increase the potential penalties.

Under [Texas Penal Code §12.34](https://codes.findlaw.com/tx/penal-code/penal-sect-12-34/), a third-degree felony carries penalties ranging from two to ten years in prison and fines of up to $10,000.

The consequences often extend beyond jail time. Prosecutors may argue that the alleged violation demonstrates poor judgment or a disregard for judicial authority. This can negatively affect plea negotiations and future sentencing decisions.

### Violating A No-Contact Order Can Hurt Your Original Criminal Case

Many people underestimate how much damage a violation allegation can cause to their original case. Judges expect you to follow all bond conditions. If prosecutors say you ignored them, it can change the whole direction of your case.

Plea offers may become less favorable. Prosecutors may become less willing to negotiate. Judges may impose additional restrictions moving forward.

Credibility also becomes an issue. Courts pay close attention to how defendants behave while their cases are pending. A violation may create the impression that a defendant cannot follow court instructions.

Even if the underlying criminal charge is relatively minor, a no-contact order allegation can significantly complicate the situation. We often tell clients that bond conditions should be treated with the same seriousness as the criminal charges themselves.

### Bond Revocation Is One Of The Biggest Risks

One of the fastest ways to return to jail is to violate a bond condition. Texas Code of Criminal Procedure [Article 17.40](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm) authorizes judges to impose reasonable conditions designed to protect alleged victims and maintain public safety. If prosecutors believe those conditions have been violated, they may ask the court to revoke the bond.

In many situations, the judge may issue a warrant for the defendant’s arrest. This can happen very quickly. Even if another bond is eventually granted, judges frequently impose stricter conditions. Additional monitoring, increased financial requirements, curfews, and more restrictive terms may follow.

Many people become overwhelmed because a single communication suddenly creates multiple legal problems. Acting quickly often provides more opportunities to limit the damage before the situation escalates further.

### Defenses May Be Available

Every allegation deserves a thorough investigation. Simply because someone accuses you of violating a no-contact order does not mean the prosecution can prove its case beyond a reasonable doubt. These cases often involve misunderstandings, incomplete evidence, and emotionally charged situations.

We frequently examine whether prohibited contact actually occurred. Text messages may be taken out of context. Social media accounts can be impersonated. Screenshots do not always tell the entire story.

We also investigate whether the defendant properly understood the restrictions. Although courts generally provide notice, confusion sometimes exists regarding what was prohibited.

False accusations can also occur. Family disputes, relationship problems, and ongoing criminal cases often create emotional situations where allegations become exaggerated.

Electronic evidence is often extremely important in these cases. Text messages, call logs, surveillance footage, witness statements, and location data may all help establish what actually happened. Every case requires an independent investigation because assumptions can easily lead to unfair outcomes.

## What You Should Do If You Are Accused

Do not panic and do not attempt to fix the situation yourself. Avoid contacting the protected person to apologize, explain your actions, or ask them to help you. Those conversations often create additional evidence.

Do not delete text messages, call logs, emails, or social media activity. Deleting evidence may create additional concerns for prosecutors. Avoid speaking extensively with law enforcement without legal counsel present. Many people believe they can explain away misunderstandings, but those statements frequently become evidence later.

Instead, preserve all available evidence and contact an attorney immediately. Early intervention often creates more opportunities to protect your rights and develop a defense strategy before the case becomes more complicated.

## FAQs About Violating A No-Contact Order In Texas

### Can I Be Arrested For Sending One Text Message?

Yes. A single text message may be enough to trigger an investigation or arrest if it violates the court’s order. Judges expect strict compliance with bond conditions, even when the communication appears harmless.

### What Happens If The Other Person Asked Me To Contact Them?

That usually does not excuse the violation. Only the judge can modify or remove the order. The protected person cannot override the court’s instructions.

### Can Social Media Count As Contact?

Absolutely. Direct messages, comments, tags, reactions, and indirect posts may all become evidence depending on the language of the order.

### Will A Violation Hurt My Original Criminal Case?

Yes. Judges and prosecutors often view violations negatively. Plea negotiations, bond conditions, and sentencing recommendations may all be affected.

### Can A Judge Remove A No-Contact Order?

Yes. Under certain circumstances, your attorney may ask the court to modify or remove the restrictions. However, the decision always belongs to the judge.

## Contact Mark Diaz & Associates If You Are Accused Of Violating A No-Contact Order

An allegation that you violated a no-contact order can jeopardize your freedom, your reputation, and the outcome of your entire criminal case. These situations move quickly, and every decision you make can affect your future.

At Mark Diaz & Associates, we aggressively defend clients accused of violating no-contact orders throughout Galveston and across the city of Houston, Texas. We understand how prosecutors build these cases, and we know how to identify weaknesses in the evidence while protecting our clients at every stage of the process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston domestic violence attorney](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by dialing [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Protective Order Defense Attorney

---

### [False Allegations In Texas Domestic Violence Cases](https://texascriminaljustice.com/false-allegations-in-texas-domestic-violence-cases/)

**Published:** June 24, 2026
**Author:** Mark Diaz & Associates

**Content:**

![False Allegations In Texas Domestic Violence Cases](https://texascriminaljustice.com/wp-content/uploads/2026/06/False-Allegations-In-Texas-Domestic-Violence-Cases.png "False Allegations In Texas Domestic Violence Cases")Domestic violence allegations can turn your life upside down overnight, even before a court decides if a crime happened. Many people are shocked to find themselves arrested, removed from their homes, or kept from their children because of accusations they say are false. Sadly, false allegations do occur, often during divorces, child custody battles, breakups, or heated arguments. In [Galveston](https://www.galvestoncountytx.gov/) and Houston, prosecutors take these claims very seriously, so even one accusation can lead to immediate legal trouble. If you have been falsely accused, remember that an arrest is not the same as a conviction, and there are legal defenses that can help protect your rights, reputation, and future.

## Why False Domestic Violence Allegations Occur

Each relationship is unique, and every case has its own details. While many domestic violence claims are true, false accusations can happen. These often come up during divorces, child custody fights, money disagreements, property issues, or emotional breakups.

We often see arguments get out of hand, leading someone to call 911 in anger without thinking about what might happen next. Sometimes, a person may exaggerate events to gain an edge in a legal case. Once the police are involved, things can quickly move beyond anyone’s control.

False accusations can also come from misunderstandings. Police often arrive at chaotic scenes where emotions run high, and witnesses are upset. Someone acting in self-defense might end up being seen as the aggressor. Because relationships are complicated, these cases are often harder to sort out than they seem at first. Regardless of how the allegation began, every accusation must be taken seriously from the beginning because the consequences can be significant.

### How Texas Defines Family Violence

No matter how an accusation starts, it is important to take every claim seriously right away because the consequences can be severe. Under Texas law, family violence can include an act by a family or household member against another family or household member, or by one dating partner against another dating partner, that is intended to result in physical harm, bodily injury, assault, or sexual assault. It can also include threats that reasonably place the other person in fear of imminent physical harm, bodily injury, assault, or sexual assault.

This definition covers much more than just married couples. It also includes spouses, ex-spouses, dating partners, parents, children, roommates, and other people living together.

Because the law is so broad, prosecutors have a lot of power to move forward with these cases. Often, they continue even if the alleged victim later decides they don’t want to press charges. We often tell clients that the State of Texas, not the alleged victim, prosecutes domestic violence cases. Once charges are filed, the prosecutor decides what happens next.

### Why Police Often Make Arrests Quickly

Many people wonder why they were arrested even when there wasn’t much evidence at the scene. Police handle domestic violence cases differently from other crimes because they are trained to put safety first and try to prevent more violence. When they respond to these calls, they often feel they need to act fast.

Officers typically evaluate injuries, witness statements, damaged property, prior police reports, 911 recordings, and the emotional state of the people involved. However, police officers are making decisions in real time, often based on incomplete information.

Sometimes officers determine who they believe is the primary aggressor. In other situations, they arrest one person simply because the available evidence appears to support probable cause at that moment.

Remember, probable cause is a much lower standard than proof beyond a reasonable doubt. An arrest only means police think there’s enough evidence to move forward with a case. It doesn’t mean the accusation is true.

### Domestic Violence Charges Can Carry Serious Penalties

Texas assault laws are found in [Texas Penal Code §22.01](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01). A person may be charged if they intentionally, knowingly, or recklessly cause bodily injury to another person.

Many domestic violence cases start as Class A misdemeanors, but the penalties can get much worse depending on the situation. Prior convictions, claims of strangulation, or cases involving certain protected people can turn the charge into a felony.

A conviction can have effects that go far beyond jail time. Many people are surprised to find out that a domestic violence conviction can impact jobs, professional licenses, housing, and gun rights.

Federal law may also ban owning a gun after some domestic violence convictions. This can be a big problem for people who work in law enforcement, security, the military, or any job that requires having a firearm. The long-term consequences make it extremely important to defend these allegations aggressively from the beginning.

### Protective Orders Can Create Additional Problems

Many domestic violence allegations also involve requests for protective orders. Protective orders are governed by [Chapter 85](https://statutes.capitol.texas.gov/getstatute.aspx?Code=FA&Value=85) of the Texas Family Code and may prohibit communication, require a person to leave their home, or restrict access to certain locations.

These orders can dramatically affect daily life. People may suddenly find themselves unable to return home, communicate with family members, or see their children without court approval.

Violating a protective order can also create entirely new criminal charges. [Texas Penal Code §25.07](https://codes.findlaw.com/tx/penal-code/penal-sect-25-07/) makes it a crime to knowingly or intentionally violate certain protective orders. We frequently remind clients that even if the alleged victim initiates contact, they should not ignore the court’s restrictions. Only a judge has the authority to modify or remove a protective order.

### Evidence Often Reveals A Different Story

Domestic violence cases frequently come down to evidence. Many people assume police reports tell the entire story, but police reports are often only one piece of a much larger puzzle. Officers are summarizing events during stressful situations and may not have access to all available evidence at the time of arrest.

We aggressively investigate every source of information available. Security cameras, cell phone videos, text messages, emails, social media posts, witness statements, and medical records often provide valuable context.

Digital evidence has become increasingly important in these cases. Text messages exchanged before and after an argument may reveal motives, inconsistencies, or contradictory statements.

Many businesses, apartment complexes, and homes also have surveillance systems that may capture important details. Acting quickly is important because some footage may be automatically deleted after a short period of time.

### Defenses That May Apply In False Allegation Cases

Every case is different, but several defenses may apply depending on the facts. One common defense involves demonstrating that the allegations are inconsistent with the available evidence. Witness testimony, surveillance footage, photographs, and electronic communications may reveal significant discrepancies.

Self-defense is another important issue. [Texas Penal Code §9.31](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.9&artSec=9.31) allows a person to use force when they reasonably believe it is immediately necessary to protect themselves from another person’s unlawful use or attempted use of force.

False accusations may also stem from motives unrelated to criminal conduct. Divorce proceedings, custody disputes, financial disagreements, and relationship conflicts sometimes become important pieces of the overall picture. Our goal is to thoroughly investigate every detail instead of accepting the allegations at face value. Prosecutors carry the burden of proof, and every weakness in their case matters.

## What You Should Do If You Have Been Falsely Accused

Many people unintentionally make their situations worse after an arrest. One of the biggest mistakes is contacting the alleged victim to explain what happened or ask them to withdraw the allegations. Even well-intentioned communication can create additional legal problems.

You should also avoid discussing your case on social media. Prosecutors increasingly review Facebook, Instagram, TikTok, and other platforms for evidence.

Do not delete text messages, emails, or photographs. Preserving evidence often becomes extremely important in building a defense.

Most importantly, avoid speaking extensively with police investigators without legal counsel present. Statements that seem harmless can later become evidence against you. Early legal intervention often creates more opportunities to preserve evidence, identify weaknesses in the prosecution’s case, and protect your rights.

## Frequently Asked Questions About False Domestic Violence Allegations In Texas

### Can I Be Arrested Even If There Is No Physical Injury?

Yes. Physical injuries are not required in every case. Police officers may rely on witness statements, 911 recordings, photographs, or allegations involving threats of violence. Lack of visible injuries does not necessarily prevent an arrest.

### Can The Alleged Victim Drop The Charges?

Not usually. Once charges are filed, the prosecutor controls the case. The alleged victim may express their wishes, but the State ultimately decides whether to continue the prosecution.

### Will A Domestic Violence Charge Affect My Gun Rights?

It can. Certain convictions may result in the loss of firearm rights under both Texas and federal law. This can significantly impact employment and everyday life.

### Can Text Messages Help My Defense?

Absolutely. Text messages often provide context that may be missing from police reports. They may reveal inconsistencies, contradictory statements, or motives that support your defense.

### Should I Contact The Alleged Victim To Fix The Situation?

No. Contacting the alleged victim can create additional legal problems, especially if a protective order or no-contact order is in place. Speak with your attorney before taking any action.

## Contact Mark Diaz & Associates If You Are Facing False Domestic Violence Allegations In Texas

False domestic violence allegations can affect every aspect of your life, including your freedom, your reputation, your family, and your future. The decisions you make immediately after an arrest can significantly impact the outcome of your case.

At Mark Diaz & Associates, we aggressively defend clients facing family violence allegations throughout Galveston and across the city of Houston, Texas. We understand how prosecutors build these cases, and we know how to identify weaknesses in the evidence while protecting our clients every step of the way.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been accused of domestic violence, call our [Galveston domestic violence attorney](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Domestic Violence Defense Lawyer

---

### [What Happens If You Are Accused Of Stealing From A Store In Galveston?](https://texascriminaljustice.com/what-happens-if-you-are-accused-of-stealing-from-a-store-in-galveston/)

**Published:** June 23, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Happens If You Are Accused Of Stealing From A Store In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-Happens-If-You-Are-Accused-Of-Stealing-From-A-Store-In-Galveston.png "What Happens If You Are Accused Of Stealing From A Store In Galveston")If you are accused of stealing from a store in Galveston, it can feel overwhelming, especially if this is your first time dealing with the criminal justice system. Sometimes, a simple misunderstanding, an honest mistake, or an accusation from a store employee can quickly turn into a criminal case. Stores in [Galveston](https://www.galvestoncountytx.gov/) and Houston, including large retailers and national chains, use loss prevention teams, security cameras, and theft detection systems.

By the time police arrive, store employees often have already decided what they think happened. These claims are not always correct. If you are facing shoplifting or retail theft accusations, knowing your rights and acting quickly can make a big difference in your case.

## How Texas Defines Theft

Many people use the terms “shoplifting” and “theft” interchangeably. Under Texas law, there is no separate criminal offense called shoplifting. Instead, most retail theft allegations fall under [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03), which governs theft offenses.

The law says someone commits theft if they take property without permission and intend to keep it from the owner. This might sound simple, but theft cases are often more complicated than they seem. Prosecutors must show more than mere possession; they must prove intent to keep it permanently.

Intent is often the main issue in these cases. We often help people who accidentally left a store while distracted, forgot something in their cart, or got caught up in a self-checkout mistake. Just because someone is accused does not mean theft actually happened.

Retail theft allegations can arise at large stores throughout Galveston and Houston, including grocery stores, department stores, home improvement retailers, pharmacies, and outlet shopping centers. Many businesses aggressively pursue these allegations and immediately involve law enforcement.

### How Store Employees And Loss Prevention Officers Build Theft Cases

Many people assume police officers witness the alleged theft themselves. In reality, that rarely happens. Most cases begin with store employees or loss prevention officers observing what they believe is suspicious behavior.

Today’s stores use advanced security systems. Surveillance cameras, inventory tracking, anti-theft devices, and self-checkout monitoring all help spot possible theft. Often, loss prevention staff watch customers for a while before making any accusations.

Store employees may report behaviors such as concealing merchandise, switching price tags, failing to scan items at self-checkout stations, or exiting a store without paying. However, these observations are not always accurate. Camera angles can be misleading, distractions can occur, and innocent mistakes may be misinterpreted as criminal conduct.

We remind clients that store employees are not judges or prosecutors. Their claims are just accusations and must be proven in court. All evidence should be reviewed carefully before deciding if someone is guilty.

### Theft Charges Depend Upon The Value Of The Property

The value of the property involved often determines the severity of the charges. Under [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.03), theft offenses range from misdemeanors to felonies depending upon the amount involved. Even relatively small amounts can create serious consequences.

Theft involving property valued at less than $100 may be charged as a Class C misdemeanor. Theft involving property valued between $100 and $750 may be charged as a Class B misdemeanor. Property valued between $750 and $2,500 may result in a Class A misdemeanor.

Penalties get much more serious if the value is over $2,500. At that level, felony charges may apply. Depending on the amount, someone could face state jail felony, third-degree, second-degree, or first-degree felony charges.

Many people are surprised to learn that prosecutors sometimes combine multiple incidents together. If a retailer believes theft occurred over time, separate allegations may be aggregated under [Texas Penal Code §31.09](https://law.justia.com/codes/texas/penal-code/title-7/chapter-31/section-31-09/). This can substantially increase criminal exposure. The consequences become even more significant if someone has prior theft convictions.

### Self-Checkout Mistakes Can Still Lead To Criminal Charges

Self-checkout technology has created a new category of criminal cases throughout Texas. Many people mistakenly believe that if an item was accidentally missed, it will simply be corrected at the register. Unfortunately, some retailers immediately treat these incidents as theft.

We frequently encounter cases involving merchandise that was left underneath a shopping cart, items that were accidentally double-stacked, or products that were never properly scanned. Distractions involving children, cell phones, and multiple purchases can also contribute to mistakes.

The legal issue often becomes intent. Prosecutors must establish that the person intentionally failed to pay for the merchandise. An honest mistake is very different from intentionally attempting to steal.

Sadly, stores do not always let customers explain before calling the police. Security videos, transaction records, and witness statements often become key evidence in deciding if there was criminal intent. These cases are becoming increasingly common throughout Galveston and Houston, making a thorough legal review extremely important.

### An Arrest Is Not The Same As A Conviction

Many people panic after an arrest because they assume their future is permanently damaged. Fortunately, an arrest is only the beginning of the legal process. Police officers only need probable cause to make an arrest. That is a much lower standard than proof beyond a reasonable doubt, which is the burden prosecutors must ultimately meet in court.

After an arrest, several stages of the criminal process still remain. Evidence must be reviewed, witnesses must be evaluated, and prosecutors must decide how to proceed. This often creates opportunities to identify weaknesses in the State’s case.

We frequently remind clients that an accusation is not the same as a conviction. The prosecution still has substantial work to do before obtaining a guilty verdict. Early legal representation often creates opportunities to intervene before the case gains momentum.

### Defenses May Be Available In Theft Cases

Every theft allegation deserves careful investigation because these cases are often more complicated than they initially appear. Intent is one of the most common issues we examine. Simply possessing merchandise does not automatically prove someone intended to steal it. Honest mistakes happen every day, especially in crowded stores and self-checkout environments.

We also analyze surveillance footage carefully. Video evidence may appear convincing at first glance, but camera angles do not always tell the complete story. Certain actions can easily be misinterpreted without additional context.

Witness credibility is another important issue. Store employees and loss prevention personnel can make mistakes. Human memory is imperfect, especially during stressful situations involving multiple customers and distractions.

We also review whether law enforcement respected constitutional protections throughout the investigation. Every stage of the case deserves careful scrutiny before accepting the allegations as fact. A strong defense often begins immediately after the accusation occurs.

### The Consequences Can Extend Beyond The Criminal Case

Many people focus entirely on avoiding jail, but theft allegations can create consequences that extend much further. Employment opportunities may become more difficult to obtain because many employers conduct criminal background checks. Professional licenses may also be affected for certain occupations.

Students may experience educational consequences, particularly if scholarships or campus disciplinary systems become involved. Certain jobs that involve handling money, sensitive information, or valuable property may become more difficult to obtain.

The emotional toll should not be overlooked either. Many people experience embarrassment, anxiety, and uncertainty after being accused of theft. Because the consequences can be long-lasting, addressing the matter quickly and strategically is extremely important.

## What You Should Do If You Are Accused Of Stealing From A Store

If you are accused of theft, remain calm and avoid making emotional decisions. Do not argue with store employees, attempt to flee, or become confrontational. These actions often make situations worse.

If law enforcement becomes involved, avoid making detailed statements without legal counsel present. Many people believe they can explain themselves and quickly resolve misunderstandings, but those statements frequently become evidence against them later.

Preserve any information that may help your defense, including receipts, transaction records, witness information, and communications that may support your version of events. Most importantly, speak with a criminal defense attorney immediately. Early intervention often creates more opportunities to protect your rights and build an effective defense strategy.

## Frequently Asked Questions About Theft Charges In Galveston

### Can I Be Arrested Even If I Never Left The Store?

Yes. A person can be accused of theft before exiting a store. Depending on the circumstances, store employees may believe sufficient evidence exists before you leave the premises. Every case is fact-specific.

### What If I Forgot To Scan An Item At Self-Checkout?

Forgetting to scan an item does not automatically make you guilty of theft. Prosecutors must still prove criminal intent. Honest mistakes happen regularly, especially in busy stores.

### Will A Theft Charge Stay On My Record Forever?

It depends on how the case is resolved. Some cases may qualify for expunction or nondisclosure under certain circumstances. Eligibility varies from case to case.

### Can Stores Detain Someone They Suspect Of Shoplifting?

Under Texas law, stores may temporarily detain individuals they reasonably believe committed theft. However, every situation must still comply with applicable legal standards.

### Should I Talk To The Police If I Am Innocent?

We generally advise clients to speak with an attorney before making statements. Innocent people often believe they can clear everything up, but statements can later be misunderstood or used out of context.

## Contact Mark Diaz & Associates If You Are Accused Of Theft In Galveston

A theft accusation can affect your reputation, your employment opportunities, and your future. The sooner you begin protecting yourself, the more options may be available.

At Mark Diaz & Associates, we aggressively defend clients accused of theft, shoplifting, and retail crime allegations throughout Galveston and across the city of Houston, Texas. We understand how retailers build these cases and how prosecutors use evidence to pursue convictions.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help protect your future. We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Theft Defense Lawyer

---

### [Protective Orders After A Domestic Violence Arrest In Galveston](https://texascriminaljustice.com/protective-orders-after-a-domestic-violence-arrest-in-galveston/)

**Published:** June 22, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Protective Orders After A Domestic Violence Arrest In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/Protective-Orders-After-A-Domestic-Violence-Arrest-In-Galveston.png "Protective Orders After A Domestic Violence Arrest In Galveston")A domestic violence arrest can quickly change your life, even before your case goes to court. Many people are surprised to find that one of the first things that happens is a protective order. This order can limit where you go, who you talk to, and how you interact with your family. In [Galveston](Galveston) and Houston, courts take these cases seriously and often set restrictions within hours of an arrest.

Even if the alleged victim wants to resolve things or does not want restrictions, the court can still issue an order that affects your daily life. If you have been arrested for domestic violence, it is very important to understand how protective orders work and how they might affect your future.

## Understanding Protective Orders In Texas

After an arrest, many people hear about protective orders but may not know what they are. A protective order is a court order meant to stop future family violence and protect the alleged victim. These orders often ban contact, limit where someone can go, and restrict certain actions while the criminal case is ongoing.

Protective orders are governed by [Chapter 85](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=85) of the Texas Family Code. The court may issue an order if it determines that family violence has occurred and is likely to occur again in the future. Family violence itself is broadly defined under Texas Family Code [§71.004](https://statutes.capitol.texas.gov/docs/fa/pdf/fa.71.pdf) and can include physical harm, bodily injury, assault, threats, or conduct that places another person in fear of imminent harm.

Some people think protective orders only happen after a conviction, but that is not the case. You can be given a protective order long before your case goes to trial. This can be surprising, as you might suddenly be kept from going home, seeing your children, or talking to your spouse or partner, even though you have not been convicted. Protective orders are serious and should not be ignored. Breaking one can lead to new legal trouble, separate from your original domestic violence case.

### What Happens Immediately After A Domestic Violence Arrest

A domestic violence arrest often triggers multiple legal proceedings at the same time. While your criminal case begins moving through the court system, prosecutors may also pursue a magistrate’s order for emergency protection or ask the court to impose bond conditions that prohibit contact.

Many people leave jail thinking the only thing they need to worry about is the criminal charge. In fact, they may already have several restrictions that can change their daily lives.

The court might stop you from going home, contacting the alleged victim, having firearms, or visiting certain places. These rules can cause a lot of stress for families, as things like housing, childcare, transportation, and money can quickly become more difficult.

Judges set these rules to help prevent more problems while your case is still open. But these restrictions can feel overwhelming if you are not sure what you need to do. We tell every client to read all court papers carefully before leaving custody. Misunderstandings can easily lead to more violations.

### The Difference Between Protective Orders And No-Contact Orders

Many people confuse protective orders and no-contact orders because both restrict communication. However, they are different legal tools. A no-contact order is commonly imposed as a condition of bond under [Article 17.40](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm) of the Texas Code of Criminal Procedure. The purpose is to protect an alleged victim while a criminal case is active.

A protective order is broader. It is issued under Texas Family Code Chapter 85 and may remain in effect for a much longer period of time. Protective orders can include additional restrictions beyond communication, including firearm possession restrictions and limitations on physical proximity to certain locations.

In some situations, a defendant may be subject to both at the same time. This creates additional legal exposure because violating either order can result in separate consequences. We regularly meet clients who accidentally violate restrictions because they assumed one order replaced the other. Understanding exactly which orders apply to your case is essential.

### What Restrictions Can A Protective Order Impose?

Protective orders can affect nearly every aspect of your life. Many people are surprised by how broad these restrictions can be.

The court may prohibit communication by phone, text, email, social media, or third parties. It may also prohibit you from going to certain locations, including your own residence, your children’s school, or another person’s workplace.

Firearm ownership is another major issue. Federal law and certain Texas laws may restrict firearm possession while qualifying protective orders are in place. This can have significant consequences for military personnel, law enforcement officers, security professionals, and individuals who rely on firearms for work.

Protective orders can also impact family dynamics. Even couples who want to reconcile may be prohibited from contacting one another until the court changes the order. The restrictions are often broader than people expect, which is why careful review with an attorney is so important.

### Violating A Protective Order Can Lead To Additional Criminal Charges

One of the biggest mistakes we see is people underestimating how serious these orders are.

[Texas Penal Code §25.07](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.25&artSec=25.07) makes it a criminal offense to knowingly or intentionally violate certain protective orders and magistrate orders. Violations may involve prohibited communication, going to prohibited locations, possessing firearms when prohibited, or engaging in conduct specifically restricted by the court.

Many first offenses are charged as Class A misdemeanors. Under [Texas Penal Code §12.21](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.21), a Class A misdemeanor carries penalties of up to one year in county jail and fines up to $4,000.

In certain circumstances, violations may be enhanced to a third-degree felony. Under [Texas Penal Code §12.34](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.34), third-degree felonies carry penalties ranging from two to ten years in prison and fines up to $10,000. Even if the protected person initiates contact, the order still remains enforceable. The judge issued the order, not the alleged victim. Only the court can modify or remove it.

### Protective Orders Can Affect Child Custody And Family Relationships

Protective orders often create challenges that extend beyond criminal court. Parents frequently discover that their ability to see their children is suddenly restricted while the criminal case remains pending.

Even when children were not directly involved in the incident, judges often take a cautious approach. The court may impose temporary restrictions on visitation or require supervised exchanges until additional information becomes available.

These situations can create significant emotional and financial strain. Families are forced to quickly adapt to new living arrangements while simultaneously dealing with a criminal prosecution.

Every family situation is different. Some cases allow structured communication through attorneys or approved applications, while others prohibit all contact. Understanding those restrictions is essential to avoiding additional legal problems. The criminal case and family law consequences often overlap, making early legal representation extremely valuable.

### Building A Defense After A Domestic Violence Arrest

Many domestic violence cases are more complicated than they initially appear. Police officers often arrive after an incident has already occurred and must quickly gather information from emotional and upset individuals.

We thoroughly investigate every aspect of the case. Witness statements, 911 recordings, surveillance footage, medical records, text messages, and social media communications often reveal important information that was unavailable at the time of the arrest.

False allegations, exaggerated claims, and self-defense scenarios also arise. Relationship conflicts can become highly emotional, especially during divorces, breakups, or child custody disputes.

We also carefully examine whether law enforcement properly investigated the incident and whether prosecutors have sufficient evidence to support the allegations. Early intervention often creates more opportunities to preserve evidence and begin building an effective defense strategy.

## What You Should Do If A Protective Order Has Been Issued

If a protective order has been issued, take it seriously from the beginning.

Do not attempt to contact the alleged victim, even if they contact you first. Do not attempt to explain your side of the story through text messages, social media, or mutual friends. Those efforts frequently create additional legal problems.

Carefully read every document you receive from the court. Pay close attention to restrictions involving locations, communication, and firearm possession.

Do not delete electronic communications or evidence. Preserve everything and speak with your attorney before taking action. Most importantly, seek legal guidance immediately. Early representation often provides more opportunities to protect your rights while avoiding unnecessary mistakes.

## FAQs About Protective Orders After A Domestic Violence Arrest In Galveston

### Can A Protective Order Be Issued Before I Am Convicted?

Yes. Many people are surprised to learn that protective orders are often issued before a criminal case is resolved. The court does not have to wait for a conviction before imposing restrictions designed to protect an alleged victim.

### Can The Alleged Victim Cancel The Protective Order?

No. Only the court can modify or remove a protective order. Even if the alleged victim wants contact to resume, the restrictions remain in place until a judge changes them.

### Can I Return Home After My Release From Jail?

Not always. Many protective orders prohibit defendants from returning to the family residence. Carefully review your release paperwork before attempting to go home.

### Will A Protective Order Affect My Firearm Rights?

Yes. Certain protective orders may restrict your ability to possess firearms under both state and federal law. This can have significant implications for employment and licensing.

### What Happens If I Accidentally Violate The Order?

You should immediately stop the prohibited activity and contact your attorney. Even accidental violations can lead to serious legal consequences if not properly addressed.

## Contact Mark Diaz & Associates About Protective Orders After A Domestic Violence Arrest In Galveston

A domestic violence arrest can create immediate consequences that extend far beyond the criminal charge itself. Protective orders can affect your home, your family, your employment, and your future. Every decision you make during this process can impact the outcome of your case.

At Mark Diaz & Associates, we aggressively defend clients facing domestic violence allegations throughout Galveston and across the city of Houston, Texas. We understand how these cases are investigated, how prosecutors build their arguments, and how protective orders can dramatically affect your life.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you were arrested or if you are under investigation, call our [Galveston domestic violence defense attorney](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Domestic Violence

---

### [What Happens After A DWI Arrest In Galveston?](https://texascriminaljustice.com/what-happens-after-a-dwi-arrest-in-galveston/)

**Published:** June 21, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Happens After A DWI Arrest In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-Happens-After-A-DWI-Arrest-In-Galveston.png "What Happens After A DWI Arrest In Galveston")Getting arrested for DWI in [Galveston County](https://www.galvestoncountytx.gov/) is extremely stressful, especially if you have never been in trouble with the law before. Suddenly, you may be facing criminal charges, towing fees, court dates, driver’s license problems, and a lot of uncertainty. Many people think their DWI case will resolve itself, but that is rarely true. Legal processes start right away after an arrest, and important deadlines can come up quickly. If you have been arrested for DWI in Galveston or Houston, knowing what to expect can help you make better choices and avoid expensive errors.

## The Arrest Is Only The Beginning Of The DWI Process

Many people think the most difficult part of a DWI case is the traffic stop itself. In reality, the criminal case often begins after you leave jail.

T[exas Penal Code §49.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.04) makes it unlawful to operate a motor vehicle in a public place while intoxicated. Under Texas law, intoxication means either not having the normal use of your mental or physical faculties due to alcohol, drugs, controlled substances, dangerous drugs, or a combination of substances, or having a blood alcohol concentration of 0.08 or greater under [Texas Penal Code §49.01(2)](http://statutes.capitol.texas.gov/docs/pe/pdf/pe.49.pdf).

After an arrest, officers may transport you to jail, obtain fingerprints and photographs, and process you through the booking system. Depending on the circumstances, you may be released on bond after several hours, while others remain in custody longer before appearing before a magistrate judge. Many people are surprised to learn that leaving jail does not mean the matter is behind them. In many ways, it is only the beginning.

### Your Driver’s License May Immediately Be At Risk

One of the most important issues after a DWI arrest is protecting your driver’s license. Texas has an Administrative License Revocation process that is separate from your criminal case. This administrative proceeding is handled through the Texas Department of Public Safety and focuses only on your driving privileges.

If you refused a breath or blood test, or if you failed a chemical test, your license may be subject to suspension. You generally have only 15 days from the date you receive notice to request an Administrative License Revocation hearing.

Many people miss this deadline because they focus entirely on the criminal charges and do not realize a separate process is already underway. Missing the deadline may result in an automatic suspension of your driving privileges. We encourage clients to address the driver’s license issue immediately because waiting too long can limit available options.

### Bond Conditions May Restrict Your Activities

Many DWI defendants are released subject to bond conditions established by the court. Depending on the facts of the case, a judge may impose restrictions designed to protect public safety while the case is pending. These conditions vary from case to case.

Certain defendants may be required to install an ignition interlock device. Others may be prohibited from consuming alcohol while the case remains active. Courts may also require periodic alcohol testing, regular reporting requirements, or travel restrictions.

Violating bond conditions can create significant problems. Judges have the authority to revoke the bond and return defendants to custody if they fail to comply with court orders. We often remind clients that bond conditions should be treated as seriously as the underlying criminal charges.

### Your Criminal Case Will Move Through Several Stages

After the arrest, the criminal case will begin moving through the Galveston County court system. The case generally starts with formal charges being filed. Prosecutors will review police reports, videos, chemical test results, and other evidence before deciding how to proceed.

Your case will then move through several court appearances. During these hearings, attorneys may negotiate resolutions, file motions challenging evidence, and prepare for trial if necessary.

Every DWI case follows its own timeline. Some cases resolve relatively quickly, while others require months of litigation.

Several factors can affect the length of a case, including chemical testing issues, accident investigations, prior criminal history, and evidentiary disputes. Because every case is different, personalized legal representation is important from the beginning.

### The Evidence Against You Must Be Carefully Examined

Many people assume DWI arrests are impossible to defend because police officers administered field sobriety tests or obtained breath or blood samples.

That assumption is incorrect.

We carefully examine every stage of the investigation. Officers must follow constitutional procedures during the traffic stop, detention, arrest, and evidence collection process.

We often investigate whether officers had reasonable suspicion to initiate the traffic stop in the first place. We also review whether field sobriety tests were administered properly and whether chemical testing procedures complied with legal requirements.

Body camera footage frequently reveals details that police reports do not include. Surveillance footage, witness statements, and maintenance records related to breath-testing equipment may also become important evidence. No two DWI cases are identical. Thorough investigation often reveals weaknesses that are not immediately obvious.

### Penalties For A DWI Conviction Can Be Significant

Many people underestimate the consequences of a DWI conviction.

A first-offense DWI under Texas Penal Code §49.04 is generally a Class B misdemeanor. A conviction may result in up to 180 days in jail and fines of up to $2,000.

If the driver’s blood alcohol concentration is 0.15 or higher, the offense may be elevated to a Class A misdemeanor.

Repeat offenses carry increasingly severe penalties. Under Texas Penal Code §49.09, prior DWI convictions can substantially increase punishment exposure.

Beyond fines and incarceration, a conviction may result in higher insurance costs, professional licensing concerns, employment difficulties, and a permanent criminal record.

Many people discover that the long-term consequences are more disruptive than the immediate penalties imposed by the court.

### Social Media Can Damage Your Defense

One of the biggest mistakes we see after a DWI arrest is discussing the incident online. People often feel pressured to explain themselves to family members, friends, or coworkers. Unfortunately, those explanations can become evidence.

Prosecutors may review social media accounts looking for statements that contradict prior testimony. Pictures, videos, comments, and jokes may all be used against you later. Even deleting content after an arrest can create problems. We strongly advise clients to avoid discussing their cases online entirely. Your defense should be built in the courtroom, not on social media.

## What You Should Do Immediately After A DWI Arrest

The decisions you make during the first few days after a DWI arrest can significantly impact your case. Do not assume the evidence against you is overwhelming. Do not discuss your case with anyone other than your attorney. Do not post about the incident online.

Preserve any evidence that may be helpful. Write down everything you remember about the traffic stop while your memory is fresh. Note the location, weather conditions, timing, officer statements, and any witnesses who may have observed the interaction.

Most importantly, contact a criminal defense attorney immediately. Early legal intervention often creates more opportunities to protect your rights and build an effective defense strategy.

## Frequently Asked Questions About DWI Arrests In Galveston

### Will I Lose My Driver’s License After A DWI Arrest?

Possibly. Your driver’s license may be subject to suspension through the Administrative License Revocation process. This is separate from the criminal case. Time is extremely important because you generally have only 15 days to request a hearing.

### Is A First DWI A Felony In Texas?

Usually no. A first DWI is generally charged as a Class B misdemeanor under Texas Penal Code §49.04. However, aggravating factors may increase the severity of the charge.

### Should I Take Field Sobriety Tests?

Field sobriety tests are voluntary in many situations. However, every case is different, and decisions made during traffic stops can affect future legal proceedings. You should discuss your specific circumstances with an attorney.

### Can A DWI Case Be Dismissed?

Yes, some DWI cases are dismissed, but it depends entirely on the facts. Illegal traffic stops, evidentiary problems, procedural errors, and weaknesses in the prosecution’s case may create opportunities to challenge the charges.

### Should I Talk To The Police After My Arrest?

Generally, no. You have a constitutional right to remain silent. Many people unintentionally hurt their cases by trying to explain themselves. It is usually best to politely invoke your right to remain silent and speak with an attorney.

## Contact Mark Diaz & Associates After A DWI Arrest In Galveston

A DWI arrest can create uncertainty about your future, but an arrest does not automatically mean a conviction. Early intervention often creates more opportunities to protect your rights, challenge evidence, and work toward the best possible outcome.

At Mark Diaz & Associates, we aggressively defend clients facing DWI charges throughout Galveston and across the city of Houston, Texas. We understand how DWI investigations work, how prosecutors build their cases, and how to identify weaknesses in the evidence.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston DWI lawyers](https://texascriminaljustice.com/dwi-charges/) at Mark Diaz & Associates by calling [409-515-6170](tel:14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are ready to begin protecting your rights immediately.

**Categories:** DWI Attorney

---

### [What Happens When You Violate A No-Contact Order In Texas?](https://texascriminaljustice.com/what-happens-when-you-violate-a-no-contact-order-in-texas/)

**Published:** June 19, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Happens When You Violate A No-Contact Order In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-Happens-When-You-Violate-A-No-Contact-Order-In-Texas.png "What Happens When You Violate A No-Contact Order In Texas")A no-contact order can cause major issues for anyone already facing criminal charges in Texas. Many people do not realize how strict these orders are until they are accused of breaking one. Even a simple text, phone call, or attempt to fix a relationship can lead to new charges and more court dates. In Galveston County and Houston, prosecutors and judges take these cases seriously because the orders are meant to protect alleged victims during a criminal case. We often meet people who thought they had permission to reach out, only to find out they made their legal situation worse. If you are accused of violating a no-contact order, acting fast and knowing your rights can make a big difference in your case.

## Understanding What A No-Contact Order Means In Texas

A no-contact order is commonly issued by a judge after an arrest as a condition of bond. The purpose is to prevent communication between a defendant and an alleged victim or witness while a criminal case moves through the court system. These orders are particularly common in family violence cases, assault cases, harassment allegations, stalking investigations, and certain sex offense prosecutions.

Many people wrongly think these orders are just informal requests from the court. In reality, they are official court orders with serious consequences if you break them. Judges expect you to follow every rule exactly as written.

The wording in these orders matters a lot because every case is unique. Some orders ban all contact, while others allow limited exceptions for things like children or logistics. Depending on your situation, the order might ban direct or indirect contact, being near certain places, or all of these.

We tell every client to read the order carefully, word for word. Making assumptions can lead to legal trouble. Even a simple misunderstanding can turn into a criminal charge.

### The Difference Between A No-Contact Order And A Protective Order

Many people use the terms no-contact order and protective order interchangeably, but Texas law treats them differently.

A no-contact order is often imposed as a condition of bond in a pending criminal case. [Article 17.40](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm) of the Texas Code of Criminal Procedure authorizes judges to impose reasonable conditions designed to protect alleged victims and the community.

A protective order is different. Protective orders are governed by [Chapter 85](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=85) of the Texas Family Code and are typically issued in situations involving allegations of family violence. Their purpose is to prevent future acts of violence or threats.

In some cases, a person may be subject to both a no-contact order and a protective order simultaneously. This creates additional legal exposure because violating either order may result in separate consequences.

We routinely meet clients who are confused about which restrictions apply to them. Unfortunately, confusion is rarely a defense. Every order should be carefully reviewed with an attorney to ensure you understand exactly what is prohibited.

### What Actions Can Be Considered A Violation

One of the biggest misconceptions is that a violation only occurs if you physically approach the protected person. Texas courts view contact much more broadly.

Text messages, phone calls, emails, video chats, social media messages, letters, and communication through third parties may all violate the order. Even sending flowers, gifts, or asking a friend to relay a message may create legal exposure.

Social media has become one of the most common sources of violations. Facebook comments, Instagram reactions, TikTok messages, tagging someone in a post, or creating indirect messages online may all become evidence.

We frequently remind clients that intentions often do not matter. The fact that you wanted to apologize or repair a relationship does not excuse prohibited communication.

Many people also encounter problems when they accidentally attend the same event as the protected person. Depending on the language of the order, remaining at the location may create allegations that the contact was intentional.

Because modern communication happens in so many different ways, it is often safest to avoid all contact until the court formally changes the order.

### The Protected Person Cannot Give You Permission To Break The Order

One of the most common mistakes we see occurs when the protected person initiates communication.

After an arrest, emotions often change. An alleged victim may want to reconcile, discuss family matters, or simply resume normal life. They may send text messages asking to talk, asking someone to come home, or asking to work things out.

Many defendants believe that because they did not initiate the communication, they are safe to respond. Unfortunately, that assumption is incorrect.

The court issued the order, not the protected person. Only the judge has the authority to modify or remove the restrictions. The protected person cannot override a judge’s instructions.

Even if the other individual repeatedly contacts you, the safest course of action is to avoid responding and immediately speak with your attorney. What begins as an attempt to repair a relationship can quickly become evidence used against you.

### Criminal Penalties For Violating Court Orders In Texas

The penalties can be severe.

Texas Penal Code §25.07 makes it a crime to knowingly or intentionally violate certain protective orders and magistrate orders. Depending on the facts, prosecutors may file entirely new criminal charges.

Many first offenses are charged as Class A misdemeanors. Under Texas Penal Code §12.21, a Class A misdemeanor carries penalties of up to one year in county jail and fines of up to $4,000.

Certain circumstances can elevate the offense to a third-degree felony. Prior convictions involving court order violations or conduct involving stalking may substantially increase the severity of the case.

Under Texas Penal Code §12.34, a third-degree felony carries penalties ranging from two to ten years in prison and fines up to $10,000.

The legal consequences do not stop there. Prosecutors often argue that violating a court order demonstrates poor judgment and a disregard for judicial authority. This can influence plea negotiations, bond decisions, and future sentencing recommendations.

Even a single allegation can create significant problems throughout an entire criminal case.

### How Violating A No-Contact Order Can Hurt Your Original Criminal Case

Many people focus only on the new allegation without realizing the damage it can cause to the original case.

Judges often interpret violations as evidence that a defendant cannot comply with court instructions. Prosecutors may argue that the defendant continues to present a risk to the alleged victim or cannot be trusted to follow the law.

Plea offers that may have been available before the violation may disappear. Prosecutors may become less willing to negotiate favorable outcomes. Judges may impose additional restrictions moving forward.

A violation can also significantly damage your credibility. In many criminal cases, credibility matters. Judges pay attention to how defendants behave while their cases are pending.

We often tell clients that bond conditions should be treated as seriously as the criminal charges themselves. Small mistakes can create large consequences.

Protecting your reputation and credibility during an active criminal case is extremely important.

### Bond Revocation Is Often The Immediate Consequence

One of the fastest ways to return to jail is to violate a bond condition.

Texas Code of Criminal Procedure Article 17.40A authorizes judges to impose conditions designed to protect victims and maintain public safety. If prosecutors believe those conditions have been violated, they may immediately seek bond revocation.

In many situations, the court may issue a warrant for your arrest. If bond is revoked, you may be taken into custody while your underlying criminal case continues.

Even if a judge ultimately grants another bond, the conditions are often much stricter. The court may impose electronic monitoring, curfews, increased financial bond requirements, or additional reporting obligations.

These situations can escalate quickly. We frequently see clients become overwhelmed because what started as a simple communication mistake suddenly turns into multiple legal problems.

Early legal intervention often creates more opportunities to control the damage before the situation becomes more serious.

### Defenses That May Apply In A No-Contact Order Violation Case

Every allegation deserves a careful investigation because these cases are not always as straightforward as they appear.

Simply because someone accuses you of violating an order does not mean the State can prove its case beyond a reasonable doubt. We carefully examine all available evidence before drawing conclusions.

One issue we frequently investigate is whether prohibited contact actually occurred. Electronic communications can be manipulated, fabricated, or taken out of context. Screenshots may not tell the entire story, and social media accounts can be impersonated.

We also determine whether the defendant properly understood the restrictions contained in the order. Although courts generally provide notice, confusion can sometimes arise regarding what conduct was prohibited.

False allegations also occur. Criminal cases often involve emotionally charged relationships, especially in family violence situations. Misunderstandings, exaggerations, and retaliatory accusations are not uncommon.

We also analyze the electronic evidence itself. Text messages, call logs, social media records, surveillance footage, and location data often reveal information that helps build a defense.

Every case requires an independent investigation because assumptions can lead to unfair outcomes.

## What You Should Do If You Are Accused Of Violating A No-Contact Order

If you believe a violation may have occurred, do not panic and do not try to fix the situation yourself.

Do not contact the protected person to apologize or explain your actions. Those efforts frequently create additional evidence for prosecutors.

Do not delete text messages, call logs, emails, or social media communications. Deleting evidence can make the situation worse and may create additional concerns for the court.

You should also avoid speaking with police investigators without legal counsel present. Many people believe they can explain themselves and resolve misunderstandings, but those statements often become evidence later.

Instead, preserve all relevant information and contact an attorney immediately. Early intervention often creates more opportunities to protect your rights and build an effective defense strategy.

## Frequently Asked Questions About Violating A No-Contact Order In Texas

### Can I Be Arrested For Sending One Text Message?

Yes. A single text message may be enough to trigger an arrest if it violates the court’s order. Judges expect strict compliance, and prosecutors may pursue charges even if the message appears harmless.

### What If The Protected Person Contacts Me First?

You still should not respond. Only a judge can modify or remove a no-contact order. The protected person does not have the authority to override the court’s instructions.

### Can The Judge Remove The No-Contact Order?

Yes. Under certain circumstances, your attorney may ask the court to modify or remove the order. The decision ultimately belongs to the judge.

### Can Social Media Activity Count As A Violation?

Absolutely. Direct messages, comments, tags, reactions, and indirect posts may all become evidence depending on the language of the order.

### Will A Violation Affect My Original Criminal Case?

Yes. Judges and prosecutors often view violations as evidence that a defendant cannot comply with court instructions, which may negatively impact plea negotiations and sentencing decisions.

## Contact Mark Diaz & Associates If You Are Accused Of Violating A No-Contact Order In Texas

An allegation that you violated a no-contact order can jeopardize your freedom, your reputation, and the outcome of your entire criminal case. These situations move quickly, and every decision you make can affect your future.

At Mark Diaz & Associates, we aggressively defend clients accused of violating no-contact orders throughout Galveston and across the city of Houston, Texas. We understand how prosecutors build these cases, and we know how to identify weaknesses in the evidence while protecting our clients at every stage of the process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston domestic violence defense lawyer](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout [Galveston County](https://www.galvestoncountytx.gov/) and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.

**Categories:** Protective Order Defense Attorney

---

### [Why Was I Arrested When The Other Person Initiated The Fight?](https://texascriminaljustice.com/why-was-i-arrested-when-the-other-person-initiated-the-fight/)

**Published:** June 20, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Why Was I Arrested When The Other Person Initiated The Fight](https://texascriminaljustice.com/wp-content/uploads/2026/06/Why-Was-I-Arrested-When-The-Other-Person-Initiated-The-Fight.png "Why Was I Arrested When The Other Person Initiated The Fight")Being arrested after a fight is often confusing. Many clients ask, “Why am I being arrested when I didn’t start the fight?” People often think the person who throws the first punch will always be arrested, but Texas law doesn’t work that way.

In [Galveston County](https://www.galvestoncountytx.gov/) and Houston, police usually arrive after the fight is over and must make quick decisions with limited information, witness statements, physical evidence, and what they see at the scene. Sometimes both people are arrested. Other times, someone who acted in self-defense ends up in handcuffs while the other person goes free. If this happened to you, remember that an arrest is not a conviction, and you may have defenses to protect your rights.

## Why Police Sometimes Arrest The Wrong Person

Many people think police can quickly tell who started a fight. In reality, officers often arrive after it’s over. By then, emotions are running high, witnesses may be upset, and both sides usually have very different stories.

Police have to make quick decisions. They look at visible injuries, what witnesses say, any surveillance footage, 911 calls, and statements from everyone involved. But officers are not judges, and they don’t have to prove guilt beyond a reasonable doubt before making an arrest.

Sometimes officers arrest the person they believe was the primary aggressor. Other times, conflicting evidence leads them to arrest both individuals and allow prosecutors to sort out the details later. This frequently frustrates people who believe the facts clearly support their innocence.

We regularly remind clients that an arrest is based on probable cause, not proof beyond a reasonable doubt. Those are two very different legal standards. The fact that you were arrested does not automatically mean the police got it right.

### Texas Law Does Not Automatically Protect The Person Who Did Not Throw The First Punch

Many people believe the person who throws the first punch is always guilty and the other person is always innocent. Texas law is much more complicated.

Self-defense is governed by [Texas Penal Code §9.31](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.9&artSec=9.31). Under the statute, a person may use force against another when they reasonably believe the force is immediately necessary to protect themselves against another person’s unlawful use or attempted use of force.

The key phrase is “reasonably believe.”

Simply because another person initiated a confrontation does not mean every response is automatically justified. Prosecutors often examine whether the force used in response was reasonable under the circumstances.

For example, if someone shoves you and you respond by repeatedly striking them after the threat has ended, prosecutors may argue that the force became excessive. Every situation is heavily dependent on the specific facts.

The law does not create a simple formula where one person is automatically innocent and the other is automatically guilty. That is why these cases often require a thorough legal analysis.

### Family Violence Cases Often Result In Unexpected Arrests

Many arrests involving fights occur within families, households, or dating relationships. Texas law takes family violence allegations extremely seriously, and officers often feel pressure to act quickly when responding to these calls.

[Texas Family Code §71.004](http://statutes.capitol.texas.gov/docs/fa/pdf/fa.71.pdf) broadly defines family violence to include acts intended to result in physical harm, bodily injury, assault, or threats that reasonably place another person in fear of imminent harm.

When officers arrive at a domestic disturbance, they are often required to determine who they believe is the primary aggressor. However, that decision is not always easy. Both people may have injuries. Both may accuse each other of being violent. Both may claim self-defense.

In these situations, officers may rely heavily on visible injuries, witness statements, prior police reports, damaged property, or the emotional state of those involved. Unfortunately, these factors do not always tell the complete story.

We frequently represent people who were arrested despite acting to protect themselves. That is one reason why immediate legal representation is so important.

### Self-Defense Is A Powerful Legal Defense In Texas

Texas has strong self-defense laws, but simply claiming self-defense does not automatically prevent an arrest. Under Texas Penal Code §9.31, several factors are examined when determining whether self-defense applies. Prosecutors may analyze who initiated the confrontation, whether there was an immediate threat, whether the force used was proportional, and whether the defendant escalated the situation.

Texas also recognizes certain circumstances where a person has no duty to retreat before using force. This is commonly associated with Texas’s stand your ground principles. However, these protections only apply when specific legal requirements are met.

The facts matter tremendously. Small details can change the entire legal analysis.

Surveillance footage, witness statements, text messages, and physical evidence often become extremely important in establishing what actually happened. This is one reason why we encourage clients to preserve every piece of evidence immediately after an arrest.

### Social Media Can Hurt Your Defense

Many people make their situations worse after an arrest by discussing the incident online. We routinely see clients post explanations on Facebook, Instagram, TikTok, or X because they believe they need to tell their side of the story. Unfortunately, prosecutors often review social media accounts and may use those statements as evidence.

Even posts that seem harmless can create problems. Comments made in frustration may be interpreted as admissions. Photographs, jokes, or angry messages can all become evidence in a criminal case.

We strongly advise clients not to discuss pending criminal matters online. Your defense strategy should be developed with your attorney, not on social media. Protecting yourself after an arrest is just as important as defending yourself before trial.

### Common Charges That May Result From A Fight In Texas

Several criminal charges may arise from a physical altercation. Texas Penal Code §22.01 governs assault offenses. A person may be charged with assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, threaten another person with imminent bodily injury, or engage in offensive physical contact.

Many assault cases are Class A misdemeanors, but certain factors can elevate the offense to a felony. Prior convictions, allegations involving family violence, strangulation allegations, or injuries to protected individuals may significantly increase potential penalties. In some situations, disorderly conduct charges may also be filed under Texas Penal Code §42.01. The exact charge depends heavily on the circumstances surrounding the incident.

### Evidence Often Changes The Direction Of A Criminal Case

The evidence gathered after an arrest often determines how a case proceeds. Many people assume police reports tell the entire story. In reality, police reports are only one piece of evidence. They often contain incomplete information because officers must quickly summarize complicated events.

We aggressively investigate evidence beyond the police report. Security camera footage, cell phone videos, 911 recordings, medical records, witness interviews, photographs, and electronic communications frequently provide a more complete picture.

Digital evidence has become increasingly important. Many confrontations are now captured on cell phones, home surveillance systems, or business security cameras. Acting quickly is important because some evidence may be deleted or overwritten if it is not preserved immediately.

## What You Should Do After An Arrest

Many people unintentionally hurt their own cases after they are released from custody. One of the biggest mistakes is speaking extensively with police investigators without legal counsel. People often believe they can clear up misunderstandings, but those statements frequently become evidence against them later.

You should also avoid contacting the other person involved in the incident. Even if you simply want to apologize or explain what happened, that communication can create additional legal problems.

Preserve any evidence you have available. Save text messages, photographs, videos, and witness information. Do not delete anything.

Most importantly, speak with a criminal defense attorney immediately. Early legal intervention often creates more opportunities to build an effective defense strategy and prevent unnecessary complications.

## FAQs About Being Arrested When The Other Person Started The Fight

### Why Was I Arrested If The Other Person Hit Me First?

Many people assume the person who throws the first punch will automatically be arrested, but that is not how the criminal justice system works in Texas. Police officers often arrive after the confrontation has ended and must make decisions based on the evidence available at that moment. Officers may rely on visible injuries, witness statements, damaged property, surveillance footage, and statements from everyone involved. If officers believe there is probable cause that both people committed an offense, they may arrest one person or both individuals. Remember that an arrest is not a determination of guilt. The fact that you were arrested does not mean the police made the correct decision or that the prosecution can ultimately prove its case.

### Can Both People Be Arrested After A Fight In Texas?

Yes. It is more common than many people realize. When police officers encounter conflicting stories and cannot immediately determine who the aggressor was, they sometimes arrest both individuals and allow prosecutors to review the evidence later. This frequently happens when both parties have visible injuries or when witnesses provide inconsistent accounts of what happened. While this can be frustrating, prosecutors still have the burden of proving a criminal offense beyond a reasonable doubt. Every piece of evidence becomes important in determining what actually occurred.

### Can I Claim Self-Defense In Texas?

Yes. Texas law allows people to defend themselves under certain circumstances. Texas Penal Code §9.31 permits the use of force when a person reasonably believes that force is immediately necessary to protect themselves from another person’s unlawful use or attempted use of force. However, self-defense is not automatic simply because someone else started the confrontation. Prosecutors will carefully examine whether your response was reasonable and proportional to the threat you faced. Every detail surrounding the incident matters when asserting a self-defense claim.

### What If I Defended Myself But The Other Person Was Injured Worse Than I Was?

This is actually a very common situation. People often believe that the person with the worst injuries automatically becomes the victim, but that is not always true. A person acting in lawful self-defense may still cause significant injuries while protecting themselves. The issue is not who suffered the greatest injuries. The issue is whether the force used was legally justified under the circumstances. Surveillance footage, witness statements, photographs, and medical records often become extremely important in these situations.

### Will Police Believe Me If I Tell Them My Side Of The Story?

Many people assume they can clear everything up by speaking extensively with officers. Unfortunately, it does not always work that way. Statements made during stressful situations can be misunderstood, taken out of context, or used later by prosecutors. We generally advise clients to exercise their right to remain silent and speak with an attorney before answering detailed questions. Protecting your rights early often prevents additional complications later.

### Does Texas Have Stand Your Ground Laws?

Yes, Texas law contains stand your ground protections in certain situations. However, these protections are often misunderstood. Stand your ground does not mean you can use unlimited force whenever an argument occurs. The legal protections only apply when specific requirements are met under Texas law. Prosecutors will still examine whether your actions were reasonable under the circumstances.

### What If The Fight Happened At My Home?

The location of the incident can become very important. Texas law provides additional protections in certain circumstances involving your home, vehicle, or workplace. Many people are familiar with the Castle Doctrine, but these protections still have legal limitations. The facts surrounding the encounter must be carefully examined before determining whether those protections apply.

### Will Family Violence Allegations Change The Situation?

Absolutely. Family violence allegations are treated very seriously in Galveston County and throughout Houston. Prosecutors often aggressively pursue these cases because they involve spouses, dating partners, household members, or family members. Additional consequences may arise, including protective orders, no-contact orders, firearm restrictions, and child custody complications. These cases require immediate legal attention.

### Can Social Media Hurt My Case?

Yes. Social media regularly becomes evidence in criminal cases. Posts, comments, videos, photographs, private messages, and even deleted content may be reviewed by prosecutors. Many people unintentionally damage their own defense by discussing their case online. We strongly encourage clients to avoid posting anything about their arrest or the incident itself.

### What Should I Do Immediately After Being Arrested?

Stay calm and avoid making emotional decisions. Do not contact the other person involved in the altercation. Do not delete text messages, videos, or social media content. Preserve any evidence that may support your defense, including witness information and photographs. Most importantly, contact a criminal defense attorney immediately. Early legal intervention often creates more opportunities to protect your rights and build an effective defense strategy.

## Contact Mark Diaz & Associates If You Were Arrested After A Fight In Texas

Being arrested when you believe the other person started the fight can be frustrating, overwhelming, and frightening. Many people feel betrayed by the system because they thought they were defending themselves. The reality is that these cases are often far more complicated than they initially appear, and early intervention can make a tremendous difference in the outcome.

At Mark Diaz & Associates, we aggressively defend clients facing assault allegations, family violence charges, and other criminal accusations throughout Galveston and across the city of Houston, Texas. We understand how police officers investigate these incidents, how prosecutors build their cases, and how to identify weaknesses in the evidence.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you were arrested after a fight and believe you were acting in self-defense, call our [Galveston criminal defense law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are ready to begin protecting your rights immediately.

**Categories:** Assault Defense Lawyer

---

### [Boating While Intoxicated Charges In Galveston](https://texascriminaljustice.com/boating-while-intoxicated-charges-in-galveston/)

**Published:** June 18, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Boating While Intoxicated Charges In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/Boating-While-Intoxicated-Charges-In-Galveston.png "Boating While Intoxicated Charges In Galveston")[Galveston County](https://www.galvestoncountytx.gov/) is a top spot in Texas for recreational boating. Every year, thousands of locals and visitors enjoy fishing, sailing, water sports, and social events on the water. Many people wrongly assume that boating laws are less strict than driving laws when it comes to alcohol. We often meet clients who are surprised to find out that boating while intoxicated can lead to serious criminal charges in Texas. What starts as a fun day with family and friends can quickly become an arrest and criminal charges that affect your record. If you have been arrested for Boating While Intoxicated (BWI), knowing your rights and acting fast can help protect your future.

## What Is Boating While Intoxicated In Texas?

Texas law prohibits operating a watercraft while intoxicated. Under Texas Penal Code §49.06, a person commits an offense if they operate a watercraft while intoxicated in a public waterway.

Many people are surprised to learn that BWI laws closely resemble Texas DWI laws. Under [Texas Penal Code §49.01(2),](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.04) intoxication means either not having the normal use of mental or physical faculties due to alcohol, drugs, controlled substances, dangerous drugs, a combination of substances, or any other substance introduced into the body. Intoxication may also be established if a person’s blood alcohol concentration is 0.08 percent or higher.

Boating is different from driving and brings its own challenges for investigations. Wind, waves, sun, dehydration, tiredness, and the natural movement of the boat can cause physical signs that look like intoxication. These factors often play a big role in defending against a BWI charge.

Texas law applies to all types of watercraft, including motorboats, sailboats, personal watercraft such as Jet Skis, and many other vessels operated on public waterways.

### How BWI Arrests Commonly Occur In Galveston

Law enforcement agencies actively patrol Galveston’s waterways, especially during holidays and peak tourism seasons. Agencies such as the Texas Parks and Wildlife Department, the Galveston County Sheriff’s Office, the United States Coast Guard, and local marine units regularly conduct safety inspections and boating enforcement operations.

Unlike traffic stops on land, officers do not always need a specific violation to initiate contact with boat operators. Under [Texas Parks and Wildlife Code §31.124](https://codes.findlaw.com/tx/parks-and-wildlife-code/parks-wild-sect-31-124/), officers have the authority to stop and inspect vessels for safety compliance and registration requirements.

A routine safety inspection can quickly become a criminal investigation. Officers might ask about alcohol use, watch your behavior, check coolers, and start field sobriety tests if they think you may be intoxicated.

Many people unintentionally create problems for themselves during these encounters because they assume the interaction is informal. Once an officer suspects intoxication, the investigation can quickly escalate into an arrest.

### Why BWI Cases Are Different From DWI Cases

Many clients assume a BWI charge is identical to a DWI case. While there are similarities, there are also significant differences.

Operating a boat naturally affects a person’s balance, coordination, and physical movements. The constant motion of the water can make sober individuals appear unsteady. Heat exhaustion, dehydration, seasickness, fatigue, and sun exposure can all mimic signs commonly associated with intoxication.

This makes things harder for law enforcement. Officers often depend on what they see, but these signs may not truly show impairment. Someone who has trouble balancing after hours on the water is not always intoxicated.

We frequently examine environmental factors that may have contributed to an officer’s observations. Conditions that are perfectly normal for boating environments can sometimes be misinterpreted as signs of impairment. These details become important because prosecutors still carry the burden of proving intoxication beyond a reasonable doubt.

### Field Sobriety Tests Are Not Always Reliable On The Water

Many BWI investigations involve field sobriety exercises, but these tests are not always reliable in marine environments. Field sobriety tests were made for roadside use, not for boats. Standing on a moving boat, being in the sun for hours, and dealing with uneven surfaces can all affect how someone performs on these tests. Even after returning to shore, a person’s equilibrium may still be impacted by spending time on the water. It is common for individuals to feel unsteady after boating for several hours.

We carefully evaluate how these tests were administered and whether environmental factors affected performance. We also examine whether officers followed proper procedures during the investigation. Simply because an officer claims someone failed a field sobriety test does not automatically mean the person was intoxicated.

### Chemical Testing Plays A Major Role In BWI Cases

Breath and blood tests often become central pieces of evidence in BWI prosecutions. Texas has implied consent laws that apply to boating offenses. Under Texas Parks and Wildlife Code §31.104, boat operators are deemed to have consented to chemical testing under certain circumstances.

Refusing a test may create additional consequences, including the suspension of boating privileges. In some situations, officers may also obtain warrants for blood draws.

However, chemical testing is not infallible. We frequently investigate whether testing procedures were properly followed. Equipment maintenance, calibration records, chain of custody issues, and laboratory procedures may all become relevant. Errors can occur at multiple stages of the testing process. Challenging these issues is often an important component of a defense strategy.

### Penalties For Boating While Intoxicated In Texas

A first-time BWI offense is generally a Class B misdemeanor. Under Texas Penal Code §12.22, a Class B misdemeanor may carry penalties of up to 180 days in county jail and fines up to $2,000. The court may also impose probation, community service, alcohol education requirements, and other conditions.

Certain circumstances can significantly increase the penalties. Prior intoxication-related convictions, extremely high blood alcohol concentrations, serious injuries, or fatalities may lead to felony charges.

Boating accidents involving injuries can result in intoxication assault charges under Texas Penal Code §49.07. If a death occurs, prosecutors may pursue intoxication manslaughter charges under Texas Penal Code §49.08. The consequences can quickly become life-changing.

### A BWI Conviction Can Affect More Than Your Criminal Record

Many people underestimate the long-term consequences associated with BWI convictions.

Employment opportunities may become more difficult to obtain because employers often conduct background checks. Professional licenses may be affected for nurses, teachers, commercial drivers, healthcare workers, and individuals in regulated professions.

Insurance costs may also increase. In some situations, future boating privileges may be suspended or restricted.

The impact often extends beyond the courtroom. Many clients are concerned about their reputation, family obligations, and future opportunities. These are important considerations when deciding how to approach a defense strategy. Protecting your record early can have lasting benefits.

### Defenses That May Apply In A Boating While Intoxicated Case

Every case deserves an independent investigation because BWI allegations are rarely as simple as they initially appear.

We frequently examine whether the officer had sufficient evidence to establish intoxication. Environmental conditions often play a significant role in these cases and may explain behavior that officers mistakenly associate with impairment.

We also investigate field sobriety testing procedures, chemical testing protocols, and whether law enforcement followed proper constitutional safeguards throughout the investigation.

Video evidence can be extremely important. Many marine units now utilize body cameras and vessel cameras that may reveal inconsistencies in the officer’s observations.

Witness testimony also matters. Passengers, nearby boaters, marina employees, and others may provide information that supports the defense. Every detail deserves careful attention because small facts can significantly alter the direction of a case.

## What You Should Do After A BWI Arrest

If you are arrested for Boating While Intoxicated, remain calm and avoid making the situation worse. Do not discuss the facts of the case with other passengers, investigators, or on social media. Statements that seem harmless often become evidence later.

Preserve any information that may support your defense. Photographs, videos, weather conditions, witness information, and boating records may all become valuable evidence.

Most importantly, contact a criminal defense attorney immediately. Early intervention often creates more opportunities to investigate the case while evidence is still available. The sooner your defense begins, the more options may be available to protect your future.

## FAQs About Boating While Intoxicated Charges In Galveston

### Is Boating While Intoxicated The Same As A DWI?

The offenses are similar but not identical. Both involve allegations of intoxication, but BWI cases present unique environmental factors that can affect investigations. Conditions on the water often create additional defense opportunities.

### Can Police Stop My Boat Without Seeing Me Break A Law?

Yes. Texas law gives officers authority to conduct safety inspections and verify compliance with boating regulations. What starts as a routine inspection can sometimes become a criminal investigation if officers suspect intoxication.

### Can I Refuse A Breath Or Blood Test?

You may refuse, but refusal can trigger additional consequences under Texas law, including the suspension of boating privileges. In some cases, officers may also obtain a warrant for a blood draw.

### Will A BWI Conviction Affect My Driver’s License?

It may. Certain intoxication-related offenses can have consequences beyond boating privileges, especially if prior convictions exist. Every case should be individually reviewed.

### Do I Need A Lawyer For A First-Time BWI Charge?

Yes. Even first-time offenses can create lasting consequences. There may be legal defenses available involving field sobriety testing, chemical testing, constitutional issues, and procedural errors.

## Contact Our Galveston BWI Attorney For A Free Consultation

A Boating While Intoxicated arrest can quickly turn an enjoyable day on the water into a stressful criminal case. These cases involve unique legal and scientific issues that deserve immediate attention.

At Mark Diaz & Associates, we aggressively defend clients facing BWI charges throughout Galveston and across the city of Houston, Texas. We understand how marine investigations are conducted, how prosecutors build these cases, and how to identify weaknesses in the evidence.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston BWI attorneys](https://texascriminaljustice.com/dwi-charges/) at Mark Diaz & Associates by calling [409-515-6170](tel:14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and all of Houston, Texas, and we are ready to begin protecting your rights immediately.

**Categories:** DWI Lawyer

---

### [Can A Domestic Violence Charge Become A Felony In Texas?](https://texascriminaljustice.com/can-a-domestic-violence-charge-become-a-felony-in-texas/)

**Published:** June 17, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Can A Domestic Violence Charge Become A Felony In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/Can-A-Domestic-Violence-Charge-Become-A-Felony-In-Texas.png "Can A Domestic Violence Charge Become A Felony In Texas")Domestic violence charges in Texas can quickly become more serious than many people realize. We often talk to people who thought they were only facing a misdemeanor after an argument with a spouse, partner, or family member, but then find out that prosecutors are seeking felony charges that could mean years in prison. Texas law allows domestic violence charges to be increased in several ways, and prosecutors in Galveston County will pursue those enhancements if the facts support them.

Even before any conviction, just being arrested can impact your job, your reputation, your right to own firearms, and even future child custody cases. If you are facing domestic violence allegations in [Galveston](https://www.galvestoncountytx.gov/), knowing how Texas law works and acting quickly can make a big difference in your case.

## Understanding How Texas Defines Domestic Violence

Texas law does not actually use the term “domestic violence” in its criminal statutes. Instead, Texas law uses the phrase “family violence” to describe criminal conduct involving certain relationships. Under Texas Family Code [§ 71.004](https://statutes.capitol.texas.gov/docs/fa/pdf/fa.71.pdf), family violence generally means an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, sexual assault, or a threat that reasonably places another person in fear of imminent physical harm.

Family violence allegations can happen between spouses, ex-spouses, dating partners, parents and children, roommates, or other people living together. Many cases start with a verbal argument that gets out of hand and leads to police being called. When officers arrive, they usually have only a short time to figure out what happened and decide if someone should be arrested. They often rely on witness statements, visible injuries, 911 calls, and what they see at the scene.

Texas officers are told to make arrests in family violence cases if they have probable cause. This means someone can be arrested even if both people tell different stories about what happened. Many people are surprised to find out that just an accusation can start a criminal case. Being arrested does not mean you are guilty, but it does mean you should take the situation seriously right away.

### When Domestic Violence Starts As A Misdemeanor Charge

Many domestic violence cases begin as misdemeanor assault allegations under Texas Penal Code [§ 22.01(a)(1)](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.01). Under this statute, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. In Texas, bodily injury is broadly defined and can include physical pain, illness, or impairment of a person’s physical condition.

When family violence is involved, prosecutors often charge it as a Class A misdemeanor assault. If convicted, you could face up to one year in county jail and fines up to $4,000 under Texas Penal Code [§ 12.21](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.21). These penalties are serious, but the long-term effects can be just as important. A family violence conviction can cause problems that last long after your sentence is over. Unfortunately, domestic violence offenses are treated differently from many other criminal cases. Certain convictions can permanently affect firearm rights under federal law and can create significant challenges when seeking employment, housing, or professional licenses. This is why it is critical to build a defense immediately rather than assuming a misdemeanor charge is minor.

### Prior Family Violence Convictions Can Turn A New Charge Into A Felony

One of the most common ways a domestic violence allegation becomes a felony is through prior convictions. Texas Penal Code [§ 22.01(b)(2)(A)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01) provides that assault involving family violence becomes a third-degree felony if the accused has a prior conviction involving family violence.

This enhancement often catches people off guard. Texas prosecutors can use older convictions to increase the severity of a new case. Something that may have occurred years ago can suddenly become the foundation for a felony prosecution today. A person who previously resolved a misdemeanor case may not realize how heavily that prior conviction can impact future allegations.

A third-degree felony comes with serious penalties. Under Texas Penal Code [§ 12.34](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.34), a conviction can mean two to ten years in prison and fines up to $10,000. Prosecutors in Galveston County look closely at your criminal history before deciding how hard to push a case. Any past family violence conviction makes things much more serious and can change how your case is handled.

### Strangulation Allegations Frequently Lead To Felony Charges

One of the most aggressively prosecuted domestic violence offenses in Texas involves allegations of strangulation or impeding breath. In Texas, assault involving family violence becomes a third-degree felony if a person intentionally, knowingly, or recklessly impedes another person’s normal breathing or blood circulation.

Law enforcement pays close attention to these allegations because prosecutors see strangulation as a sign that violence is getting worse. Cases where someone’s throat is pressed, their mouth is covered, or their breathing is blocked are often quickly moved to felony court.

Many people don’t realize that visible injuries are not needed for these charges to move forward. Prosecutors often use witness statements, photos, medical records, body camera video, and things the accused may have said. Even small signs like redness or saying it was hard to breathe can be used as evidence for a felony charge.

Since the penalties can mean years in prison, every part of the investigation needs to be looked at closely. These cases depend a lot on the facts, and a good defense often means carefully checking for differences in statements, medical records, and police reports.

### Serious Injuries And Deadly Weapons Can Increase The Severity Of The Case

Domestic violence allegations involving serious bodily injury or deadly weapons often result in aggravated assault charges. Texas Penal Code [§ 22.02](https://codes.findlaw.com/tx/penal-code/penal-sect-22-02/) addresses aggravated assault and significantly increases the potential penalties a defendant faces.

Serious bodily injury refers to injuries that create a substantial risk of death, permanent disfigurement, or long-term impairment. Meanwhile, a deadly weapon is not limited to firearms or knives. Under Texas law, many everyday objects can become deadly weapons depending on how they are used during an incident.

We often tell clients that prosecutors have a lot of freedom in deciding if something counts as a deadly weapon. Cars, tools, furniture, and everyday household items have all been used as reasons for aggravated assault charges in Texas. The details of what happened usually decide if prosecutors will seek more serious charges.

If family violence and aggravated assault allegations are combined, the consequences become extremely serious. Under Texas Penal Code § 22.02(b), certain cases may rise to first-degree felonies. Texas Penal Code § 12.32 authorizes penalties ranging from five years to life in prison, along with fines of up to $10,000.

### Violating Protective Orders Can Create Additional Criminal Problems

Many domestic violence cases involve emergency protective orders or conditions imposed as part of a defendant’s bond. These restrictions can limit where a person may go, who they can contact, and how they may communicate with another person.

Texas Penal Code § 25.07 criminalizes violations of certain protective orders and bond conditions. A person can face additional criminal charges for prohibited contact, entering prohibited locations, or violating other restrictions established by the court. These violations can occur even when both individuals willingly communicate with each other.

Many defendants make the mistake of believing reconciliation changes the court’s orders. It does not. Even if the alleged victim initiates contact or invites the defendant home, violating the order can still lead to criminal charges. Prosecutors frequently rely on text messages, call logs, social media activity, and surveillance footage to prove violations.

Following every court order exactly as it is written is one of the most important things you can do while your case is still open. Even small mistakes can quickly turn into much bigger legal problems.

### Domestic Violence Cases Often Continue Even If The Alleged Victim Changes Their Story

Many people believe the alleged victim can simply ask prosecutors to dismiss a case. Texas law does not work that way. Once charges have been filed, the prosecutor controls whether the case continues.

We regularly see situations where an alleged victim later regrets calling the police or wants the case dismissed. Unfortunately, prosecutors may continue pursuing the charges anyway. They often rely upon evidence gathered during the initial investigation rather than current wishes expressed by the parties involved.

Evidence frequently includes 911 recordings, body camera footage, photographs, witness statements, text messages, and medical records. Prosecutors may argue that these forms of evidence are sufficient to proceed even without active cooperation from the alleged victim.

This is one reason why early intervention is so important. Hoping that the case simply disappears because emotions have settled is rarely an effective strategy. Building a defense immediately often creates better opportunities to protect your future.

### Defending Against Felony Domestic Violence Charges In Texas

Every domestic violence case needs its own defense strategy because every situation is different. We start by carefully looking at all the evidence the State plans to use against our client. Police reports, witness statements, videos, text messages, medical records, and photos all need to be reviewed on their own.

Self-defense is one defense that may apply in some situations. Texas Penal Code Chapter 9 allows a person to use force under certain circumstances when they reasonably believe it is immediately necessary to protect themselves against another person’s unlawful force. However, self-defense claims require careful factual analysis and cannot be assumed.

False accusations also occur. Domestic violence allegations sometimes arise during divorces, child custody disputes, financial disagreements, or emotionally charged breakups. While every allegation deserves careful consideration, prosecutors should not simply accept every accusation without proper scrutiny.

Our job is to challenge weak evidence, point out inconsistencies, and make sure the State proves every part of its case beyond a reasonable doubt.

## The Long-Term Consequences Of A Felony Domestic Violence Conviction

The effects of a felony domestic violence conviction go far beyond the courtroom. Many people think only about jail or prison time, but many parts of your life can be affected even after the case is over.

Employment opportunities may become limited because many employers conduct extensive background checks. Professional licensing boards often review violent felony convictions closely and may impose disciplinary measures. Housing applications can become more difficult, and educational opportunities may also be impacted.

Parents involved in child custody disputes may face increased scrutiny from family courts. Firearm ownership restrictions can become permanent under federal law. The stigma associated with domestic violence allegations can also affect personal relationships and future opportunities.

Because the consequences are so significant, domestic violence charges should never be viewed as cases that will simply work themselves out over time. The sooner a defense strategy begins, the more opportunities may exist to protect your future.

## Frequently Asked Questions About Felony Domestic Violence Charges In Texas

### Can A First Domestic Violence Charge Be A Felony In Texas?

Yes. While many first-time allegations begin as misdemeanors, certain facts can immediately elevate the offense to a felony. Allegations involving strangulation, serious bodily injury, or the use of a deadly weapon can result in felony charges even if the accused has no prior criminal history. Prosecutors evaluate the facts of every case independently before deciding how to proceed.

### Can The Alleged Victim Drop The Charges?

No. The prosecutor controls whether charges remain active. Even if the alleged victim asks for dismissal, prosecutors may continue pursuing the case if they believe sufficient evidence exists. They often rely on independent evidence such as 911 calls, body camera footage, witness statements, and photographs.

### What Is The Difference Between Family Violence And Domestic Violence?

The terms are often used interchangeably. Texas law officially uses the phrase family violence. The legal definition is found in Texas Family Code § 71.004 and includes conduct involving family members, household members, and certain dating relationships.

### Will I Go To Prison For A Felony Domestic Violence Conviction?

Possibly. The answer depends on the severity of the charge, your criminal history, and the specific facts of the case. Third-degree felonies can carry two to ten years in prison, while first-degree felonies can carry five years to life imprisonment.

### Can I Own A Firearm After A Domestic Violence Conviction?

Many domestic violence convictions trigger federal firearm restrictions. Even certain misdemeanor family violence convictions can result in a loss of firearm rights. These restrictions can be long-lasting or permanent.

### Can Domestic Violence Charges Affect Child Custody?

Yes. Family courts take domestic violence allegations very seriously. Convictions can significantly affect custody decisions and parenting rights. Even pending allegations may become an issue in family court proceedings.

### What Should I Do Immediately After Being Arrested?

Remain silent and ask for an attorney. Do not attempt to explain your side of the story to investigators without legal counsel present. Avoid contacting the alleged victim if protective orders or bond conditions prohibit communication.

## Contact Our Galveston Domestic Violence Defense Attorney For A Free Consultation

If you are facing domestic violence charges in Galveston County or anywhere in Houston, don’t wait to protect your future. Felony charges can get more serious quickly, and prosecutors often start building their case right after an arrest.

At Mark Diaz & Associates, we aggressively defend clients accused of domestic violence offenses and work to identify weaknesses in the State’s evidence from the very beginning.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies don’t always happen during business hours. You won’t be passed off to a junior associate or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.

If you were arrested or if you are under investigation, call our [Galveston domestic violence defense lawyer](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston and throughout all of the city of Houston, Texas, and we are prepared to help you build a strong defense from the very beginning.

**Categories:** Domestic Violence

---

### [Understanding Your Rights When Police Ask To Search Your Phone During A Texas Child Pornography Investigation](https://texascriminaljustice.com/understanding-your-rights-when-police-ask-to-search-your-phone-during-a-texas-child-pornography-investigation/)

**Published:** June 16, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Officer points at the man](https://texascriminaljustice.com/wp-content/uploads/2026/06/Understanding-Your-Rights-When-Police-Ask-To-Search-Your-Phone.png "Understanding Your Rights When Police Ask To Search Your Phone")Getting contacted by law enforcement about a child pornography investigation in [Galveston County](https://www.galvestoncountytx.gov/) is often very frightening. Most people are not ready when police suddenly ask about their phone, computer, tablet, or online accounts. Some think they should cooperate right away because they have nothing to hide, while others worry that saying no will make them look guilty. How you respond in those first moments with police can greatly affect your case. It is important to know your rights before agreeing to a search, especially when investigators want access to a device that holds years of personal information.

## Why Police Want Access To Your Phone

Today, police often focus on electronic devices during [criminal investigations](https://en.wikipedia.org/wiki/Criminal_investigation). A smartphone can hold photos, videos, texts, emails, social media messages, browsing history, cloud storage, and location data. Investigators often see a cellphone as a digital record of someone’s activities.

In child pornography cases, police often want to search phones because they think the device might have evidence of possession, downloading, viewing, or sharing illegal images or videos. They may also look for links to online accounts, messaging apps, cloud storage, or file-sharing networks.

Often, investigations start well before police contact a suspect. Police may get information from internet providers, social media companies, cloud storage services, or other sources. By the time they ask to search a phone, they may already have gathered details from several places.

Because so much evidence is now stored electronically, access to a cellphone frequently becomes one of the most important issues in the entire investigation.

### You Do Not Have To Consent To A Search

One of your key rights during a criminal investigation is the right to say no to a search. Many people are surprised to find out that police often ask for permission because they do not yet have the legal authority to search.

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. Similar protections exist under Article I, Section 9 of the Texas Constitution. These constitutional safeguards generally require law enforcement to obtain legal authority before searching private property.

When police ask to look at your phone, they are usually asking for your permission. If you say yes, you might be giving them access to information they would otherwise need a search warrant to see.

Many people feel pressured to cooperate. Officers may appear friendly and suggest that granting access will help clear up misunderstandings. However, investigators are gathering evidence, and their goals may not align with your interests.

Refusing consent is not a crime. Exercising your constitutional rights cannot legally be treated as evidence of guilt. In many situations, politely declining consent and requesting legal counsel is the most prudent response.

The United States Supreme Court reinforced the importance of cellphone privacy in Riley v. California, holding that police generally must obtain a warrant before searching the contents of a cellphone seized during an arrest. The Court recognized that modern phones contain extensive personal information deserving significant constitutional protection.

### Search Warrants And Digital Evidence

If you refuse consent, investigators may attempt to obtain a search warrant. Under [Article 18.02](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm) of the Texas Code of Criminal Procedure, courts may issue search warrants authorizing the seizure and examination of property that may contain evidence of a crime. To obtain a warrant, law enforcement generally must establish probable cause through a sworn affidavit presented to a judge.

Even when a warrant is issued, constitutional issues may still exist. Defense attorneys frequently examine whether probable cause actually existed, whether investigators provided accurate information to the court, and whether the warrant was overly broad.

Digital searches present unique challenges because smartphones contain enormous amounts of information. A forensic examination may involve photographs, videos, internet activity, application data, cloud accounts, deleted files, and communications.

The existence of information on a device does not automatically prove criminal conduct. Prosecutors must still establish who possessed the device, who accessed the files, and whether the accused knowingly possessed the material at issue. Since digital evidence is often key to the prosecution’s case, search warrants and forensic procedures are often major points of dispute in court.

### Why Speaking To Investigators Can Hurt Your Case

Many people believe they can explain their way out of an investigation. Unfortunately, statements made to law enforcement are often among the most damaging evidence in a criminal case.

Investigators frequently tell individuals they simply want to hear their side of the story. They may say they are trying to eliminate suspects or clear up misunderstandings. These conversations may appear informal, but investigators are gathering evidence that can later be used in court.

The Fifth Amendment protects individuals from self-incrimination. Exercising the right to remain silent is not an admission of guilt. It is a constitutional protection available to every person.

One problem is that suspects rarely know what information investigators already possess. Police may have obtained records from internet providers, social media companies, cloud storage services, or other sources before making contact.

People who are frightened or under stress may unintentionally provide inaccurate information, speculate about facts, or make statements that prosecutors later characterize as evidence of guilt.

For these reasons, requesting legal counsel before answering questions is often one of the most important decisions a person can make during a criminal investigation.

### Child Pornography Charges And Potential Penalties In Texas

Texas aggressively prosecutes child pornography offenses. Under Texas Penal Code §43.26, possession or promotion of child pornography may result in serious felony charges carrying significant penalties.

The severity of the charge often depends on the specific facts of the case, including the number of images or videos involved and the nature of the allegations. Convictions can result in lengthy prison sentences, substantial fines, probation conditions, and extensive supervision requirements.

Many convictions also trigger mandatory sex offender registration obligations. Registration requirements can affect housing opportunities, employment prospects, educational opportunities, and many aspects of everyday life.

Individuals may also face professional licensing consequences, restrictions on certain activities, and lasting reputational harm. Employers frequently conduct background checks, and a felony conviction can create significant barriers to future employment. Because the consequences of a conviction can be life-changing, it is important to treat every stage of the investigation seriously.

### Defense Strategies In Phone Search Cases

Every case is different, but several common defense issues frequently arise in investigations involving electronic devices.

One of the first questions is whether the search itself was lawful. Defense attorneys often examine whether consent was validly obtained, whether a warrant existed, whether probable cause supported the warrant, and whether investigators remained within the scope of their legal authority.

Questions involving possession and knowledge are also common. Prosecutors must prove more than the existence of files on a device. They must establish that the accused knowingly possessed the material. Shared devices, cloud storage systems, multiple users, and remote access issues can create significant factual disputes.

Digital forensic evidence is another area of focus. Investigators must properly collect, preserve, analyze, and interpret electronic evidence. Errors in forensic procedures, chain of custody issues, and misinterpretation of technical data may create opportunities to challenge the government’s case.

Statements made during the investigation may also be subject to challenge if constitutional violations occurred.

A strong defense requires a careful review of every aspect of the investigation, from the initial police contact through the collection and analysis of digital evidence.

## Texas Sex Crime Frequently Asked Questions

### Do I Have To Let The Police Search My Phone?

Generally, no. If officers ask for permission to search your phone, you typically have the right to refuse consent and request legal counsel.

### Can Police Search My Phone Without A Warrant?

In many situations, police must obtain a warrant before searching the contents of a cellphone. Whether a warrant is required depends on the facts and circumstances of the case.

### What Should I Say If Police Ask To Search My Phone?

Remain calm and respectful. You can state that you do not consent to a search and would like to speak with an attorney.

### Can Deleted Files Be Recovered?

Sometimes. Digital forensic examiners may be able to recover deleted information, but the existence of deleted files does not automatically establish criminal liability.

### What If Multiple People Use The Same Device?

Shared devices can create important legal and factual questions. Prosecutors must still prove who possessed and controlled the device and whether the accused knowingly possessed the material.

### When Should I Contact A Lawyer?

You should contact a lawyer as soon as you become aware of an investigation. Early legal representation can help protect your rights and preserve potential defenses.

## Contact Mark Diaz & Associates If Being Investigated For Child Pornography

If police have asked to search your phone, seized your device, or contacted you about a child pornography investigation, it is important to take the situation seriously. These cases often involve complex constitutional issues, digital forensic evidence, and the possibility of severe felony penalties.

At Mark Diaz & Associates, we defend clients facing serious criminal investigations and felony charges in Galveston County, Houston, and throughout Texas. We carefully examine search warrants, cellphone searches, forensic examinations, police procedures, and every piece of evidence the government intends to use.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or become just another file on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston sex crime defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston, Houston, and throughout Texas.

**Categories:** Sex Crime Defense Lawyer

---

### [Theft Charges In Galveston: Misdemeanor Vs. Felony Consequences](https://texascriminaljustice.com/theft-charges-in-galveston-misdemeanor-vs-felony-consequences/)

**Published:** June 15, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Theft Charges In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/Theft-Charges-In-Galveston.png "Theft Charges In Galveston")Facing theft charges in [Galveston](https://www.galvestoncountytx.gov/) can feel overwhelming, especially if you are unsure about the seriousness of the situation. While many people think of theft as just shoplifting, Texas law covers a wide range of situations. Theft accusations can come from retail stores, workplaces, online deals, contractor issues, rental disagreements, or even misunderstandings with friends or family. The value of the property and the details of the case determine whether you face misdemeanor or felony charges. Knowing the difference is important because the outcome can impact your freedom, finances, reputation, and future opportunities for years.

## Understanding How Texas Defines Theft

Texas law defines theft under [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.03). Theft happens when someone takes property without permission and intends to keep it from the owner. Even though this definition sounds simple, theft cases are often more complicated than they seem at first.

The State has to show that the property was taken without permission and that the person meant to keep it from the owner for good. Intent is often the most debated part of these cases. Just having someone else’s property does not always mean theft happened.

Many theft cases involve unclear ownership or misunderstandings. Disputes over payment, borrowed items, business disagreements, or contracts can sometimes turn into criminal charges before all the facts are known. That’s why every theft case needs a careful and thorough defense.

### How Texas Separates Misdemeanor And Felony Theft Charges

In Texas, the seriousness of a theft charge mostly depends on the value of the property. According to Texas Penal Code §31.03(e), theft of lower-value items is usually a misdemeanor, while higher-value thefts are charged as felonies.

Theft involving property valued at less than $100 is generally a Class C misdemeanor. Property valued between $100 and $750 is typically charged as a Class B misdemeanor. Property valued between $750 and $2,500 is usually charged as a Class A misdemeanor.

Once the alleged value reaches $2,500 or more, felony charges may apply. Theft involving property valued between $2,500 and $30,000 is generally a state jail felony. Theft involving property valued between $30,000 and $150,000 may be charged as a third-degree felony. As the property value increases, so do the potential penalties.

Figuring out the value of the property is not always as easy as checking a price tag. Prosecutors may use estimates, receipts, replacement costs, or witness statements to decide the value. We often review these calculations closely, since even a small mistake can change the level of the charge.

### Misdemeanor Theft Charges Still Carry Serious Consequences

People often underestimate misdemeanor theft charges because they assume only felonies have lasting effects. Unfortunately, that assumption can create significant problems later.

Under [Texas Penal Code §12.22](https://codes.findlaw.com/tx/penal-code/penal-sect-12-22/), a Class B misdemeanor carries a maximum sentence of 180 days in county jail and a fine of up to $2,000. Under Texas Penal Code §12.21, a Class A misdemeanor carries a maximum sentence of one year in county jail and a fine of up to $4,000.

The consequences often extend far beyond incarceration and fines. Theft is considered a crime involving dishonesty. Employers routinely scrutinize these convictions during background checks. Even a misdemeanor theft conviction can create obstacles when applying for jobs, housing, professional licenses, or educational opportunities.

Many people are surprised to discover that some employers view theft convictions more negatively than certain other criminal offenses because the allegations directly relate to trustworthiness and integrity.

### Felony Theft Charges Can Change Your Future

Felony theft charges dramatically increase the stakes in a criminal case. The possibility of prison time becomes very real, and the long-term consequences can be substantial.

Under [Texas Penal Code §12.35](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=12.35&Date=5%2F26%2F2025), a state jail felony may result in a sentence of 180 days to 2 years. Under Texas Penal Code §12.34, a third-degree felony carries a sentence of 2 to 10 years in prison. Texas Penal Code §12.33 provides that a second-degree felony carries a sentence of two to twenty years in prison, while Texas Penal Code §12.32 provides that a first-degree felony carries a sentence of five to ninety-nine years or life imprisonment.

A felony conviction can affect your job options, gun rights, housing, professional licenses, and other parts of daily life. Sometimes, the impact on your career lasts long after your sentence is over.

Because there is so much at risk, it is important to start working on your defense as soon as possible.

### Certain Circumstances Can Increase The Severity Of A Theft Case

The value of the property is not always the only factor prosecutors consider. Certain types of property and certain victims can lead to enhanced penalties.

Theft allegations involving firearms, government property, election materials, or elderly individuals may receive additional scrutiny from prosecutors. Prior criminal convictions can also affect how aggressively the State pursues the case.

In some situations, prosecutors may attempt to combine multiple incidents together under [Texas Penal Code §31.09](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.09). This statute allows the State to aggregate amounts if they believe several acts were committed as part of a single scheme or continuing course of conduct.

A case that initially appears minor can become significantly more serious once enhancements are added.

### Common Defenses To Theft Charges

Every theft case presents unique facts, but several defense strategies frequently arise. One common defense involves the lack of criminal intent. The State must prove beyond a reasonable doubt that you intended to permanently deprive the owner of the property.

Ownership disputes are also common. In some situations, multiple parties genuinely believe they have a legal right to the same property. These disputes sometimes belong in civil court rather than criminal court.

Mistaken identity frequently arises in cases involving surveillance footage or eyewitness testimony. Video footage does not always provide clear answers, and eyewitnesses can make mistakes.

False accusations can also occur during divorces, business disputes, employment conflicts, and disagreements among family members. We carefully investigate every allegation rather than simply accepting the prosecution’s version of events.

## Why Early Legal Representation Matters

The choices you make right after an arrest can greatly affect your case. Many people wait too long to talk to a defense lawyer because they think they can explain things on their own.

Sadly, anything you say to investigators can be used against you later. Starting your defense early gives you a better chance to save evidence, find witnesses, and spot problems in the prosecution’s case.

No matter if you are facing a misdemeanor or felony theft charge, acting quickly can help you protect your future.

## FAQs About Theft Charges In Galveston

### Can I Go To Jail For A First-Time Theft Offense?

Yes. Even if it is your first offense, you could face jail time depending on the value of the property and the details of your case. Some people may get probation or enter diversion programs, but there are no guarantees. Each case is looked at on its own.

### Can Theft Charges Be Dropped?

Yes, they can. Cases may be dismissed when prosecutors lack sufficient evidence, witnesses become unavailable, or legal problems arise during the investigation. Early intervention by defense counsel may also uncover weaknesses that improve the likelihood of a dismissal.

### What Happens If I Accidentally Left A Store Without Paying?

Intent matters in every theft case. Simply forgetting to pay for an item does not automatically make someone guilty of theft. Prosecutors must prove that you intentionally attempted to deprive the owner of the property.

### Will A Theft Conviction Stay On My Record?

It can. Convictions become part of your criminal history and may remain visible during background checks. Certain dismissals or alternative outcomes may qualify for expunction or nondisclosure, but eligibility depends on the circumstances.

### Can An Employer Accuse Me Of Theft Without Proof?

An employer can make an accusation, but prosecutors still have the burden of proving guilt beyond a reasonable doubt. Internal investigations are not always accurate and should be carefully scrutinized.

### Can Surveillance Cameras Be Wrong?

Yes. Camera angles, poor image quality, missing footage, and incorrect assumptions can create misleading conclusions. Video evidence should always be independently reviewed.

### Can Theft Charges Affect Professional Licenses?

Absolutely. Nurses, teachers, accountants, healthcare professionals, and many other licensed individuals may face additional scrutiny from licensing boards because theft is considered a crime involving dishonesty.

### Should I Speak To Police To Explain My Side Of The Story?

You should be extremely cautious. Many people believe they can clear up misunderstandings by speaking to investigators, but those statements can later become evidence against them. It is often wise to consult with an attorney before answering questions.

## Contact Mark Diaz & Associates For Theft Charges In Galveston

A theft charge can have consequences that extend far beyond a courtroom. Whether you are facing misdemeanor theft, felony theft, shoplifting allegations, employee theft accusations, or another property crime, you should not attempt to handle the situation alone.

At Mark Diaz & Associates, we represent clients throughout Galveston and all of the city of Houston, Texas. We aggressively defend our clients while protecting their rights, their reputation, and their future.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston theft attorney](https://texascriminaljustice.com/burglary-robbery-theft/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and let us protect your future. We represent defendants throughout Galveston County and all of the city of Houston, Texas.

**Categories:** Theft Defense Lawyer

---

### [Can Police Stop You For Suspected DWI Without Seeing Bad Driving?](https://texascriminaljustice.com/can-police-stop-you-for-suspected-dwi-without-seeing-bad-driving/)

**Published:** June 14, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Can Police Stop You For Suspected DWI Without Seeing Bad Driving](https://texascriminaljustice.com/wp-content/uploads/2026/06/Can-Police-Stop-You-For-Suspected-DWI-Without-Seeing-Bad-Driving.png "Can Police Stop You For Suspected DWI Without Seeing Bad Driving")## Understanding Reasonable Suspicion In Texas DWI Cases

Many people believe police must see obvious bad driving before making a DWI stop. While that seems logical, Texas law does not always require it. In [Galveston County](https://www.galvestoncountytx.gov/) and throughout Texas, officers can stop a vehicle if they have reasonable suspicion that a crime has occurred, is happening, or may happen soon. Sometimes, an officer may suspect intoxication even without seeing weaving, speeding, running a stop sign, or other common signs of impaired driving. Whether the stop was legal depends on the specific facts of the case and whether the officer had a valid reason for the detention.

A DWI arrest can result in jail time, fines, losing your driver’s license, higher insurance rates, and a permanent criminal record. Because of these serious consequences, courts carefully review the reasons for a traffic stop. If the stop violated the [Fourth Amendment](https://constitution.congress.gov/constitution/amendment-4/) or Texas law, important evidence may be excluded from court. Understanding when police can and cannot stop someone for suspected intoxication is often key to defending a DWI case.

## What Is Reasonable Suspicion Under Texas Law?

Before stopping a vehicle, an officer must have reasonable suspicion. This standard is lower than probable cause, but the officer still needs specific facts that would make a reasonable person suspect a crime is happening.

Texas courts have made it clear that an officer cannot stop a driver based only on a hunch. The officer must point to objective facts that support the detention. These facts are considered together, based on the total situation.

In a DWI case, reasonable suspicion can come from things other than dangerous driving. The main question is whether the officer can point to facts that reasonably suggest intoxication or another traffic offense.

### Can An Officer Stop A Vehicle Without Witnessing A Traffic Violation?

Yes. An officer does not always need to witness a traffic violation before conducting a stop. While many DWI cases begin with allegations of speeding, failure to maintain a lane, or other violations of the Texas Transportation Code, there are circumstances where a stop may be justified even without observing bad driving.

For example, an officer may receive information from a citizen witness who reports a potentially intoxicated driver. Courts often consider citizen reports to be reliable, especially when the reporting person identifies themselves and provides detailed information about the vehicle and the conduct observed.

An officer may also observe circumstances suggesting impairment even though the vehicle is being operated within the law. The officer’s observations must still create reasonable suspicion, but they do not necessarily have to involve traditional traffic violations.

### Citizen Tips And DWI Investigations

Citizen reports frequently play a role in DWI investigations. Texas courts have recognized that information from identified citizens can provide reasonable suspicion for a traffic stop.

Suppose a motorist calls 911 and reports that a driver is leaving a bar parking lot, appears highly intoxicated, and is about to enter traffic. If the caller provides accurate vehicle information and officers quickly locate the vehicle, a stop may be upheld even if officers do not personally observe dangerous driving before initiating the detention.

The reliability of the information becomes an important issue. Anonymous tips generally receive greater scrutiny because officers must often corroborate key details before making a stop. A defense attorney may challenge whether the information was sufficiently reliable to justify the detention.

### Parking Lot Observations And DWI Stops

Some DWI investigations begin before a vehicle enters public roadways. Officers frequently patrol parking lots near bars, restaurants, sporting events, and entertainment districts throughout Galveston and Houston.

An officer might observe a person stumbling, struggling to maintain balance, displaying slurred speech, or showing other signs of intoxication before entering a vehicle. If the officer then observes the individual begin driving, those observations may contribute to reasonable suspicion.

The legality of these stops often depends on exactly what the officer observed and whether those observations were adequately documented. Video footage from body cameras and surveillance systems can become critical evidence in these cases.

### The Definition Of Intoxication Under Texas Law

Texas Penal Code [§ 49.04](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.04) makes it unlawful to operate a motor vehicle in a public place while intoxicated.

Texas Penal Code [§ 49.01(2)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.01) defines intoxication as either not having the normal use of mental or physical faculties because of alcohol, drugs, controlled substances, dangerous drugs, a combination of substances, or any other substance, or having an alcohol concentration of 0.08 or more.

Because the statute focuses on intoxication rather than specific driving behavior, prosecutors often argue that evidence suggesting impairment can justify an investigation even when poor driving is not observed.

### When Lack Of Bad Driving Helps The Defense

The absence of bad driving can still be important in defending a DWI case.

Jurors often expect intoxicated drivers to display obvious signs of impairment behind the wheel. When video evidence shows normal driving, proper lane usage, compliance with traffic signals, and safe vehicle operation, that evidence may undermine the State’s theory that the driver lacked the normal use of mental or physical faculties.

We frequently examine dash camera footage to determine whether the officer’s observations match what actually occurred. In some cases, the video tells a very different story from the police report.

If a driver was operating safely, that fact can become a significant part of the defense strategy even if the stop itself is ultimately upheld.

### Can Evidence Be Suppressed If The Stop Was Illegal?

Yes. If an officer lacked reasonable suspicion, the defense may file a motion to suppress evidence.

A successful suppression motion can exclude evidence obtained after the stop, including statements made by the driver, field sobriety test results, observations by the officer, breath test results, blood test results, and other evidence obtained as a result of the detention.

When critical evidence is suppressed, prosecutors may face substantial challenges proving the case beyond a reasonable doubt.

These motions often require detailed analysis of body camera footage, dash camera recordings, dispatch communications, witness statements, and police reports. Small details can make a significant difference in determining whether a stop was lawful.

### Field Sobriety Tests After A Questionable Stop

Many DWI cases rely heavily on field sobriety tests. However, if the initial detention was unlawful, the results of those tests may also be subject to suppression.

Even when the stop is upheld, field sobriety tests are not infallible. Medical conditions, fatigue, age, injuries, anxiety, uneven surfaces, weather conditions, and numerous other factors can affect performance.

We carefully examine the administration of these tests, the officer’s training, and whether the tests were conducted according to accepted standards.

## Why Every DWI Stop Should Be Investigated Carefully

No two DWI cases are identical. What may appear to be a straightforward arrest often contains important legal issues that are not immediately obvious.

The officer’s justification for the stop must be carefully reviewed. The source of the information leading to the detention must be analyzed. Any witness reports should be scrutinized. Video evidence should be compared against the officer’s written report.

A lawful stop is the foundation of every DWI prosecution. If that foundation is weak, the entire case may be vulnerable.

For that reason, anyone arrested for DWI should have the circumstances of the stop reviewed by an experienced criminal defense attorney as early as possible.

## Texas DWI Defense Frequently Asked Questions

### Can Police Pull Me Over Just Because They Think I Left A Bar?

Simply leaving a bar does not automatically give police reasonable suspicion to stop your vehicle. Many people lawfully consume alcohol and remain under the legal limit. However, if an officer observes additional facts suggesting intoxication, such as stumbling, difficulty entering a vehicle, or information from witnesses, those circumstances may contribute to reasonable suspicion. Courts evaluate the totality of the circumstances rather than a single fact in isolation.

### Can A 911 Caller Cause Me To Be Stopped For DWI?

Yes. A citizen’s report can provide the basis for a traffic stop if the information appears reliable and contains sufficient detail. Courts generally view identified citizen witnesses differently from anonymous callers because identified witnesses can potentially be held accountable for false reports. Whether a particular tip justifies a stop depends on the facts and the level of corroboration obtained by law enforcement.

### Do Police Have To See Me Commit A Traffic Violation Before Pulling Me Over?

No. While many DWI stops begin with a traffic violation, Texas law does not require officers to personally witness a violation in every case. Reasonable suspicion can arise from other observations or information suggesting criminal activity. The legality of the stop depends on whether specific facts support the officer’s actions.

### Can A DWI Case Be Dismissed Because My Driving Was Perfect?

Not automatically. A person can be arrested and convicted of DWI even if the driving itself appears normal. However, evidence showing safe and lawful driving can be valuable to the defense. Jurors often consider whether the defendant exhibited signs of impairment while operating the vehicle. Safe driving may raise questions about whether the person truly lacked the normal use of mental or physical faculties.

### What Happens If The Judge Rules The Stop Was Illegal?

If a court determines that the stop violated constitutional protections, evidence obtained as a result of the detention may be suppressed. This can include field sobriety tests, officer observations, statements, breath tests, and blood tests. In some cases, suppression of evidence significantly weakens the prosecution’s case and may lead to dismissal or reduction of charges.

### Can Police Stop Me In A Parking Lot For Suspected DWI?

Yes. Police officers may investigate suspected intoxication in parking lots and other public places. If an officer observes conduct suggesting intoxication and sees the person preparing to operate a vehicle, those observations may provide reasonable suspicion. The facts surrounding the encounter often become a major issue in the case.

### Can I Be Arrested For DWI Before Driving Anywhere?

Potentially. Texas law requires the operation of a motor vehicle in a public place. However, Texas courts have interpreted the operation broadly in certain situations. Depending on the circumstances, a person may face allegations of operation even if the vehicle did not travel a significant distance. These cases are highly fact-specific.

### Do Officers Need Video Evidence To Justify A DWI Stop?

No. Video evidence is helpful but not required. An officer’s testimony can support reasonable suspicion if the court finds it credible. However, video often becomes important because it allows the court to compare what actually happened with what is described in the police report.

### Should I Challenge The Legality Of My DWI Stop?

Every DWI case should be carefully reviewed to determine whether a legal challenge exists. Issues involving reasonable suspicion, probable cause, constitutional rights, and procedural errors may affect the outcome of the case. A thorough investigation often reveals facts that are not obvious immediately after an arrest.

### How Soon Should I Contact A DWI Defense Lawyer After An Arrest?

You should speak with a lawyer as soon as possible. Early representation allows your attorney to preserve evidence, review video recordings, investigate witnesses, challenge license suspension proceedings, and begin building a defense before important evidence disappears.

## Contact Mark Diaz & Associates For Help With A DWI Charge

A DWI arrest does not mean the State automatically wins. The legality of the traffic stop, the officer’s observations, field sobriety testing, and chemical evidence must all be carefully examined. At Mark Diaz & Associates, we defend individuals accused of DWI throughout Galveston County and across Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston DWI attorneys](https://texascriminaljustice.com/dwi-charges/) at Mark Diaz & Associates by calling [409-515-6170](tel:14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). Let us defend your DWI case. We will review the facts of your case, explain your options, and help you fight the charges.

**Categories:** DWI Lawyer

---

### [What Is The Difference Between Theft, Burglary, And Robbery In Texas?](https://texascriminaljustice.com/what-is-the-difference-between-theft-burglary-and-robbery-in-texas/)

**Published:** June 13, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Is The Difference Between Theft](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-Is-The-Difference-Between-Theft.png "What Is The Difference Between Theft")Theft, burglary, and robbery are often mixed up, but Texas law treats them as separate crimes. Each one has its own legal definition, elements the prosecutor must prove, and possible penalties. If you are accused of theft, your situation may be very different from someone facing burglary or robbery charges. Knowing how Texas law defines these crimes can help you understand what you are facing and why building a strong defense is so important.

Prosecutors in [Galveston](https://www.galvestoncountytx.gov/) and across Texas take property crimes very seriously. If you are convicted, you could face jail or prison, heavy fines, probation, restitution, and a permanent record. These charges can also make it harder to get a job, keep a professional license, find housing, or go to school. If you are accused of theft or a related crime, it is important to know what the State has to prove and what defenses you might have.

## Understanding Theft Under Texas Law

Theft is generally the least serious of these three offenses, although felony theft charges can still carry severe penalties.

Texas Penal Code [§ 31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03) defines theft as unlawfully appropriating property with the intent to deprive the owner of that property. In simple terms, prosecutors must prove that a person took property without the owner’s effective consent and intended to keep it or otherwise deprive the owner of its use.

Unlike burglary or robbery, theft does not require entering a building or using force against another person. A theft allegation may arise from shoplifting, taking property from a workplace, keeping property that was delivered by mistake, or various other circumstances.

Whether theft is a misdemeanor or a felony usually depends on the value of the property. Stealing something worth less may be a misdemeanor, while more valuable property can mean felony charges. Some types of property can bring harsher penalties no matter what they are worth.

Because intent is a critical element of theft, many cases involve disputes over whether the accused actually intended to permanently deprive the owner of the property. Questions involving ownership, consent, mistaken identity, or lack of criminal intent frequently arise in theft cases.

### What Constitutes Burglary In Texas?

Many people believe burglary simply means stealing something from a building. Texas law is broader than that.

Texas Penal Code [§ 30.02](https://codes.findlaw.com/tx/penal-code/penal-sect-30-02/) defines burglary as entering a habitation, building, or certain vehicles without the effective consent of the owner and committing or intending to commit a felony, theft, or assault.

The key distinction is that burglary focuses primarily on unlawful entry combined with criminal intent.

A person can potentially be charged with burglary even if nothing is actually stolen. For example, if prosecutors believe someone unlawfully entered a residence intending to commit theft, the burglary offense may be complete even if the person leaves empty-handed.

Texas law treats burglaries of homes particularly seriously. Burglary of a habitation often carries substantially greater penalties than burglary involving certain other structures because of concerns about personal safety and privacy.

The prosecution must establish more than mere presence inside a building. The State must prove unlawful entry and the required criminal intent. These elements often become major points of dispute during the defense of burglary charges.

### What Is Robbery Under Texas Law?

Robbery is generally considered the most serious of these three offenses because it involves actual or threatened harm to another person.

Texas Penal Code [§ 29.02](https://codes.findlaw.com/tx/penal-code/penal-sect-29-02/) defines robbery as occurring when a person commits theft and intentionally, knowingly, or recklessly causes bodily injury to another person, or intentionally or knowingly threatens or places another person in fear of imminent bodily injury or death.

Unlike theft, robbery involves a direct interaction with another person. The presence of force, threats, or violence transforms what might otherwise be a theft into a robbery charge.

A common example involves a person taking property from a store and then allegedly pushing an employee while attempting to leave. In certain circumstances, prosecutors may pursue robbery charges rather than simple theft because force was allegedly used during the commission of the offense.

The seriousness of robbery charges often reflects the fact that Texas law seeks to protect both property rights and personal safety.

### Understanding Aggravated Robbery

Some robbery allegations become even more serious under Texas law.

Texas Penal Code § 29.03 defines aggravated robbery. A robbery may become aggravated when the accused allegedly causes serious bodily injury, uses or exhibits a deadly weapon, or commits the offense against certain vulnerable individuals, such as elderly persons or disabled persons.

Aggravated robbery is among the most aggressively prosecuted offenses in Texas. Convictions can result in substantial prison sentences and life-changing consequences.

The use or alleged display of a firearm frequently results in aggravated robbery charges. Even when no one is physically injured, prosecutors may seek enhanced penalties if they believe a deadly weapon was used during the offense.

Because aggravated robbery allegations carry such severe consequences, careful examination of witness statements, surveillance footage, forensic evidence, and police procedures becomes critical.

### Comparing Theft, Burglary, And Robbery

The simplest way to understand the distinction is to focus on the primary element that defines each crime.

Theft centers on unlawfully taking property.

Burglary centers on unlawfully entering a structure with criminal intent.

Robbery centers on taking property through force, threats, or violence.

Although these offenses sometimes overlap factually, prosecutors must prove different elements for each charge. The difference between the charges can dramatically affect potential penalties, plea negotiations, and trial strategies.

A misunderstanding of these distinctions can cause people to underestimate the seriousness of the allegations they face.

### Potential Penalties For Theft Charges

Texas theft penalties vary significantly based on the value of the property involved and other factors set forth in Texas Penal Code § 31.03.

Lower-value theft offenses may be charged as misdemeanors, while higher-value theft allegations may become state jail felonies, third-degree felonies, second-degree felonies, or first-degree felonies.

A felony theft conviction can result in prison time, substantial fines, restitution obligations, and long-term damage to a person’s reputation and future opportunities.

In addition to criminal penalties, theft convictions often create difficulties when applying for employment because many employers view theft-related offenses as crimes involving dishonesty.

### Potential Penalties For Burglary Charges

Burglary penalties depend largely on the type of property involved and the circumstances of the alleged offense.

Under Texas Penal Code § 30.02, burglary of a habitation is generally treated more severely than burglary of many commercial buildings.

A conviction may result in years of imprisonment, probation, fines, restitution, and a permanent criminal record.

Because burglary is often classified as a felony offense, many defendants face significant exposure even if no property was ultimately taken.

### Potential Penalties For Robbery Charges

Robbery offenses carry some of the harshest penalties among property-related crimes.

Robbery under Texas Penal Code § 29.02 is generally a second-degree felony. Aggravated robbery under Texas Penal Code § 29.03 is generally a first-degree felony.

A conviction may lead to lengthy prison sentences, significant fines, and lasting collateral consequences.

The violent nature of robbery allegations often makes prosecutors less willing to offer favorable plea agreements. As a result, these cases frequently require aggressive investigation and defense preparation.

### Defending Against Theft, Burglary, And Robbery Charges

Every criminal case is unique, but several defenses commonly arise in theft-related prosecutions.

In theft cases, defenses may focus on ownership disputes, consent, mistaken identity, lack of intent, or insufficient evidence.

In burglary cases, the defense may challenge whether unlawful entry occurred or whether the accused possessed the required criminal intent.

In robbery cases, disputes frequently involve identification issues, witness credibility, allegations of force, or whether the prosecution can prove the required elements beyond a reasonable doubt.

Video evidence, forensic evidence, digital records, witness testimony, and police reports often play important roles in evaluating the strength of the State’s case.

An early investigation can reveal weaknesses that may not be obvious from the initial police report.

## Why Early Legal Representation Matters

Many people make the mistake of assuming that theft-related charges are minor offenses. In reality, even a seemingly simple allegation can have serious consequences.

Early representation allows the defense to preserve evidence, identify witnesses, review surveillance footage, examine police procedures, and begin building a strategy before critical evidence disappears.

Prosecutors begin evaluating a case immediately. Having experienced criminal defense counsel involved early can significantly improve your ability to protect your rights and pursue the best possible outcome.

## Theft Crime Frequently Asked Questions

### Can I Be Charged With Burglary If I Did Not Steal Anything?

Yes. Under Texas Penal Code § 30.02, burglary does not require a completed theft. Prosecutors may pursue burglary charges if they believe a person unlawfully entered a building or habitation with the intent to commit theft, assault, or another felony. The focus is often on the unlawful entry and criminal intent rather than whether property was ultimately taken.

### Is Shoplifting Considered Theft Or Robbery?

Most shoplifting allegations are charged as theft because they involve the unlawful taking of merchandise. However, if force or threats are allegedly used against a store employee during the incident or while attempting to escape, prosecutors may seek robbery charges. The facts surrounding the interaction often determine which charge is filed.

### What Is The Difference Between Robbery And Aggravated Robbery?

Robbery involves theft combined with force, threats, or bodily injury. Aggravated robbery involves additional aggravating circumstances such as the use of a deadly weapon, causing serious bodily injury, or targeting certain vulnerable victims. Aggravated robbery carries substantially greater penalties than robbery.

### Can A Theft Charge Become A Felony?

Yes. Texas theft laws allow felony charges based on the value of the property involved and certain other circumstances. Higher-value property generally results in more severe charges and penalties. Some theft offenses involving particular types of property can also trigger felony prosecution.

### Can Burglary Charges Be Filed If The Building Was Open To The Public?

Possibly. Even when a building is open to the public, prosecutors may argue that a person exceeded the scope of consent by entering restricted areas or remaining inside with criminal intent. The specific facts of the case are important when evaluating whether burglary charges are appropriate.

### What Happens If Someone Is Wrongfully Identified?

Mistaken identity is a common issue in criminal cases. Surveillance footage, eyewitness testimony, cell phone records, and other evidence may help establish that the accused was not involved. Identification procedures used by law enforcement may also be challenged if they were unreliable or suggestive.

### Are Theft, Burglary, And Robbery Crimes Of Moral Turpitude?

Many theft-related offenses may be considered crimes involving moral turpitude. This can affect professional licensing, immigration matters, employment opportunities, and other areas of life. The consequences often extend beyond the criminal penalties imposed by the court.

### Can A Juvenile Be Charged With Theft Or Robbery?

Yes. Juveniles can face theft, burglary, and robbery allegations in Texas. Depending on the age of the accused and the seriousness of the allegations, the case may proceed in juvenile court or, in certain circumstances, be transferred to adult court.

### Will A Conviction Stay On My Record Permanently?

A conviction can have long-lasting effects. Whether a person qualifies for expunction or nondisclosure depends on the specific outcome of the case and Texas law. Many convictions remain visible on criminal background checks for years or permanently.

### Should I Speak To The Police If I Am Being Investigated?

In most situations, it is wise to consult a criminal defense lawyer before answering questions from law enforcement. Statements made during an investigation can later be used as evidence. Speaking with counsel first allows you to understand your rights and make informed decisions about how to proceed.

## Contact Mark Diaz & Associates To Defend Theft Charges

If you have been arrested for theft, burglary, robbery, aggravated robbery, or another criminal offense in Galveston County or anywhere in the Houston area, obtaining experienced legal representation as early as possible can make a significant difference in your case.

At Mark Diaz & Associates, we defend individuals facing serious criminal charges throughout Galveston and all of the city of Houston, Texas. We thoroughly investigate the facts, challenge the prosecution’s evidence, protect our clients’ constitutional rights, and fight for the best possible outcome in every case.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston theft defense attorney](https://texascriminaljustice.com/burglary-robbery-theft/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help protect your future.

**Categories:** Theft Defense Lawyer

---

### [Possession With Intent To Deliver In Texas](https://texascriminaljustice.com/possession-with-intent-to-deliver-in-texas/)

**Published:** June 12, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Possession With Intent To Deliver In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/Possession-With-Intent-To-Deliver-In-Texas.png "Possession With Intent To Deliver In Texas")Possession With Intent To Deliver is considered one of the most serious drug charges in Texas. Unlike simple possession, this charge means prosecutors believe someone planned to distribute, sell, or give drugs to someone else. If convicted, you could face long prison sentences, heavy fines, and a permanent criminal record that can impact your job, housing, education, and more.

Many people in [Galveston](https://www.galvestoncountytx.gov/) are surprised to learn that they can face a Possession With Intent To Deliver charge even when no actual drug sale occurred. Texas law allows prosecutors to rely on circumstantial evidence to argue that a person intended to distribute a controlled substance. Because these cases often involve complex legal and factual issues, it is important to understand how Texas law applies and what defenses may be available.

## What Texas Law Says About Possession With Intent To Deliver

Possession With Intent To Deliver is governed primarily by the Texas Health and Safety Code. [Section 481.112](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-112/) addresses controlled substances in Penalty Group 1, which includes substances such as cocaine, heroin, methamphetamine, fentanyl, and many prescription narcotics. Similar statutes apply to substances found in other penalty groups.

Under Texas Health and Safety Code [§ 481.002(8)](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf), “deliver” means to transfer, actually or constructively, a controlled substance to another person. The law also includes an offer to sell within the definition of delivery.

To obtain a conviction for Possession With Intent To Deliver, prosecutors must generally prove beyond a reasonable doubt that the accused knowingly possessed a controlled substance and intended to deliver it to another person.

The intent element is often the most heavily contested issue in these cases.

## How Prosecutors Attempt To Prove Intent To Deliver

In many cases, law enforcement officers do not witness an actual drug transaction. Instead, prosecutors attempt to prove intent through surrounding circumstances.

The quantity of drugs found is frequently one of the primary factors considered by investigators. While possession of a small amount may support a simple possession charge, a larger quantity may lead officers to suspect distribution activity.

Prosecutors may also point to the presence of items such as scales, packaging materials, large amounts of cash, multiple cell phones, or alleged customer lists. Text messages, social media communications, and recorded conversations are also commonly used as evidence.

But having these items does not automatically mean you intended to deliver drugs. The State must still prove its case beyond a reasonable doubt. There can be innocent reasons for having cash, cell phones, or other things prosecutors mention.

### Drug Quantity And Penalty Ranges

Texas has strict penalties for Possession With Intent To Deliver. The exact punishment depends on the type and amount of drug involved.

For Penalty Group 1 substances under Texas Health and Safety Code § 481.112, possession with intent to deliver less than one gram is generally a state jail felony. Possession with intent to deliver one gram or more but less than four grams is typically a second-degree felony. Larger quantities can result in first-degree felony charges and, in some cases, penalties that exceed those associated with many violent crimes.

For the largest amounts, the law allows for sentences from 15 years up to life in prison, along with fines that can reach hundreds of thousands of dollars.

Because the specific penalty depends upon the substance and amount alleged, every case must be carefully reviewed to determine the actual exposure a defendant faces.

### Federal Consequences And Related Investigations

Some Possession With Intent To Deliver cases remain in state court, while others attract federal attention. Cases involving large-scale distribution allegations, interstate activity, firearms, organized criminal activity, or federal investigations may lead to prosecution in federal court.

Federal drug charges often carry mandatory minimum sentences and sentencing guideline considerations that differ significantly from Texas state prosecutions.

In some situations, federal agencies such as the DEA, FBI, Homeland Security Investigations, or other federal authorities may become involved before an arrest occurs. Early legal representation can be particularly important when a federal investigation is suspected.

### Search And Seizure Issues In Drug Cases

Many successful defenses begin with a close examination of how law enforcement obtained the evidence.

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Article I, Section 9 of the Texas Constitution provides similar protections.

We often examine whether officers had lawful grounds to stop a vehicle, detain an individual, conduct a search, obtain a warrant, or seize evidence.

Questions frequently arise concerning traffic stops, vehicle searches, warrantless searches, search warrant affidavits, confidential informants, and consent searches.

If evidence was obtained unlawfully, a court may suppress that evidence. In some cases, suppression of key evidence can significantly weaken the prosecution’s case or result in dismissal.

### Constructive Possession And Joint Occupancy Issues

One common issue in Texas drug cases involves constructive possession.

A person does not necessarily possess a controlled substance simply because drugs were found nearby. Prosecutors must prove that the accused exercised care, custody, control, or management over the substance and knew it was present.

These issues often arise when drugs are found inside a shared residence, vehicle, hotel room, or other location occupied by multiple individuals.

The presence of drugs in a common area does not automatically establish criminal responsibility. Prosecutors must present evidence linking the accused to the alleged contraband.

These cases frequently involve factual disputes that can create significant opportunities for the defense.

### Defenses To Possession With Intent To Deliver Charges

Every case presents unique facts, and the appropriate defense strategy depends on the circumstances involved.

In some cases, the defense may challenge the legality of the search or seizure. In others, the focus may be on disputing ownership, possession, or knowledge of the substance.

There may be situations where the quantity of drugs does not reasonably support an inference of intent to deliver. In other cases, laboratory testing issues, chain-of-custody concerns, witness credibility problems, or investigative errors may become central issues.

The prosecution must prove every element of the offense beyond a reasonable doubt. A thorough review of the evidence often reveals weaknesses that can be used to challenge the State’s allegations.

## Why Early Legal Representation Matters

The period immediately following an arrest can have a significant impact on the outcome of a case.

Evidence may need to be preserved. Witnesses may need to be located and interviewed. Surveillance footage may need to be obtained before it is lost or destroyed.

Early intervention also allows defense counsel to begin reviewing police reports, search warrant materials, laboratory reports, and other critical evidence.

In some cases, prosecutors make important decisions early in the process about charging, plea negotiations, and case evaluation. Having experienced legal representation involved from the beginning helps ensure that your rights are protected throughout every stage of the case.

## Frequently Asked Questions About Possession With Intent To Deliver In Texas

### What Is The Difference Between Drug Possession And Possession With Intent To Deliver?

Simple possession involves allegations that a person possessed drugs for personal use. Possession With Intent To Deliver involves allegations that the person intended to transfer, sell, distribute, or provide the substance to another person. The penalties for Possession With Intent To Deliver are generally much more severe because prosecutors view distribution offenses as presenting a greater threat to public safety. Even when no sale occurred, prosecutors may attempt to establish intent through circumstantial evidence.

### Can I Be Charged With Possession With Intent To Deliver If No Drugs Were Sold?

Yes. Texas law does not require prosecutors to prove that an actual sale occurred. Instead, they may attempt to prove intent through surrounding circumstances such as drug quantity, packaging materials, cash, communications, or other evidence. However, the absence of an actual sale may create important issues for the defense because prosecutors must still prove intent beyond a reasonable doubt.

### How Serious Is A Possession With Intent To Deliver Charge In Texas?

These charges are among the most serious drug offenses prosecuted in Texas. Depending on the type and amount of the controlled substance involved, penalties can range from state jail felony punishment to life imprisonment. The consequences often extend far beyond incarceration and can affect employment opportunities, professional licenses, educational opportunities, and housing options.

### What Drugs Commonly Lead To Possession With Intent To Deliver Charges?

Charges frequently involve substances in Penalty Group 1, including methamphetamine, cocaine, heroin, fentanyl, and certain prescription narcotics. However, other controlled substances can also result in delivery-related charges under different provisions of the Texas Health and Safety Code.

### Can Police Search My Vehicle During A Drug Investigation?

The answer depends on the circumstances. Police may conduct searches pursuant to a warrant, consent, probable cause, or other recognized exceptions to the warrant requirement. Whether a particular search was lawful often requires a detailed legal analysis. Search and seizure issues frequently play a major role in drug defense cases.

### What Happens If Drugs Are Found In A Car With Multiple Occupants?

The mere presence of drugs inside a vehicle does not automatically establish possession. Prosecutors must prove a connection between the accused and the alleged contraband. Factors such as ownership, location of the drugs, statements made by occupants, and other evidence may become important in determining whether the State can establish possession.

### Can Text Messages Be Used Against Me?

Yes. Prosecutors frequently use text messages, social media communications, emails, and other electronic evidence to support allegations of intent to deliver. However, such evidence must still be properly authenticated and interpreted in context. Many communications are subject to multiple interpretations and may not mean what investigators claim they mean.

### Can A Possession With Intent To Deliver Charge Be Reduced?

In some situations, prosecutors may agree to reduce charges based on weaknesses in the evidence, legal challenges, or mitigating factors. Every case is different. The likelihood of a reduction depends on the facts, criminal history, strength of the evidence, and other circumstances.

### What Should I Do If I Am Under Investigation But Have Not Been Arrested?

You should speak with a criminal defense attorney as soon as possible. Many people mistakenly believe they should wait until formal charges are filed. Early legal representation may help protect your rights, prevent damaging statements, and provide valuable guidance during the investigation stage.

### Do I Need A Lawyer If The Evidence Seems Strong?

Yes. Even when the evidence appears significant, there may be constitutional issues, evidentiary problems, witness credibility concerns, laboratory testing questions, or other defenses available. Prosecutors must prove every element of the offense beyond a reasonable doubt, and a careful review often reveals issues that are not immediately apparent.

## Speak With Mark Diaz & Associates About Your Texas Drug Charges

A Possession With Intent To Deliver charge can place your freedom, reputation, and future at risk. These cases are aggressively prosecuted throughout Galveston County and the Houston area, and the consequences of a conviction can be severe. Having experienced legal counsel involved early can make a significant difference in how your case is handled and ultimately resolved.

At Mark Diaz & Associates, we fight for individuals facing serious drug charges in Galveston and throughout the city of Houston, Texas. We carefully examine every aspect of the investigation, challenge unlawful police conduct when appropriate, and work to protect our clients at every stage of the criminal process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

For a free consultation regarding a Possession With Intent To Deliver charge in Texas, call our [Galveston drug crime defense attorney](https://texascriminaljustice.com/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston and throughout the city of Houston, Texas.

**Categories:** Drug Crime Attorney

---

### [Can Domestic Violence Charges Be Dropped If The Alleged Victim Recants?](https://texascriminaljustice.com/can-domestic-violence-charges-be-dropped-if-the-alleged-victim-recants/)

**Published:** June 11, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Domestic Violence in Galveston Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/Domestic-Violence-in-Galveston-Texas.png "Domestic Violence in Galveston Texas")A domestic violence arrest can cause a lot of stress and uncertainty right away. In [Galveston County](https://www.galvestoncountytx.gov/), it’s common for people to face charges after an argument leads to a call to the police. Once things calm down, the alleged victim may tell prosecutors they don’t want to continue with the case. Sometimes, they say the incident was misunderstood or that the original claims were exaggerated or untrue. Many people think this means the case will be dropped, but Texas law does not work that way.

Many people are surprised to find out that the alleged victim cannot decide whether charges move forward. After an arrest, the State of Texas takes control of the case. If the alleged victim changes their story, it might affect the case, but it does not mean the charges will be dropped. The outcome depends on things like the evidence, how serious the accusations are, the accused person’s record, and how the prosecutor views the case. Knowing how Texas prosecutors handle these situations is important for anyone facing family violence charges in Galveston County or Houston.

## Why An Alleged Victim Cannot Simply Drop Domestic Violence Charges

A lot of people think the alleged victim can drop criminal charges, but that’s not true. We hear this from clients and their families almost every week. They believe that if the alleged victim wants the case dropped, it should be over. While this seems reasonable, Texas prosecutors handle domestic violence cases differently from other types of cases.

After the police file a report and prosecutors decide to move forward, the case is in the hands of the State of Texas. The prosecutor does not represent the alleged victim, but instead represents the government and the public. This means the alleged victim cannot force the case to be dismissed. Even if they ask the court to drop the charges, the prosecutor can keep going if they think there is enough evidence.

Prosecutors act this way because they understand that domestic situations can be complicated. After an arrest, arguments may settle down, money problems might come up, and families may worry about what a conviction could mean. Children can also be affected by no-contact orders. Sometimes, people make up and want to move on together. Since prosecutors see these situations often, they are careful with recantations and do not automatically see them as proof that the original claims were false.

This doesn’t mean a recantation is useless. In many cases, it raises important points that can help the defense. Still, it is just one part of the bigger picture that prosecutors look at when deciding what to do next.

### How Prosecutors Build Domestic Violence Cases After A Recantation

Today, domestic violence cases often use much more than just the alleged victim’s testimony. In the past, prosecutors had a hard time if the alleged victim did not cooperate. Now, new technology and investigation methods have changed things a lot. They may also possess dash camera recordings, photographs of injuries, 911 recordings, witness statements, text messages, social media communications, medical records, and statements allegedly made by the accused. As a result, prosecutors sometimes believe they can prove their case even when the alleged victim later changes their story.

The 911 call is often a key piece of evidence. Prosecutors often say that what someone says during an emergency is more reliable than what they say weeks or months later. They may use the caller’s tone, distress, or descriptions as proof of the original claims. Body camera footage can also show the condition of everyone involved, what the scene looked like, and what was said right after the incident.

When the alleged victim changes their story, prosecutors usually compare the new version to all the other evidence. If they think the original claims are backed up by other proof, they may keep pushing the case. But if the recantation shows problems or raises doubts, it can help the defense.

That’s why it’s important to carefully review all the evidence in a domestic violence case, instead of guessing what the prosecutor might do. The key issue is not just whether the alleged victim changed their story, but whether the rest of the evidence is strong enough to convince a jury.

### The Legal Consequences Of Family Violence Convictions In Texas

Many people underestimate the seriousness of domestic violence allegations until they find themselves facing criminal charges. Under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.01), assault involving family violence can result in significant penalties even when charged as a misdemeanor. A conviction can carry jail time, fines, probation requirements, protective order restrictions, and a permanent criminal record.

The consequences become even more severe when prior family violence convictions are involved. Under Texas Penal Code § 22.01(b)(2), a second family violence assault may be enhanced to a third-degree felony. A felony conviction can expose a defendant to years in prison, substantial fines, and long-term collateral consequences affecting employment, housing, and professional opportunities.

Texas law also includes other serious family violence offenses. [Texas Penal Code § 25.11](https://codes.findlaw.com/tx/penal-code/penal-sect-25-11/) addresses continuous violence against the family. [Texas Penal Code § 22.02](https://codes.findlaw.com/tx/penal-code/penal-sect-22-02/) governs aggravated assault involving serious bodily injury or a deadly weapon. Depending on the facts, these charges can result in lengthy prison sentences.

Besides criminal penalties, a domestic violence conviction can affect your right to own firearms under Texas and federal law. It can also put professional licenses at risk and make background checks harder for years. For many people, these long-term effects are just as serious as any sentence from the court.

Because so much is at stake, it’s important to look at every possible defense, such as questioning witness credibility, finding inconsistencies in the evidence, raising constitutional issues, and pointing out weaknesses in the prosecution’s case.

### How A Recantation Can Help The Defense

Even though a recantation does not mean the case will be dropped, it can give the defense important opportunities. Criminal cases depend on credibility. When the main witness changes their story, prosecutors have to deal with tough questions about which version is true. If the alleged victim first accused the defendant and later says it never happened, a jury may wonder if either story is reliable.

As defense attorneys, we look closely at the details around both statements. Sometimes, the first accusation happens during an emotional argument, right after a breakup, or during a heated family fight. Other times, alcohol, misunderstandings, or poor communication may have affected what was told to the police. If the evidence shows the original claims were wrong or exaggerated, a recantation can be a strong part of the defense.

Prosecutors often say the recantation is the false statement, not the original accusation. They might argue the alleged victim changed their story out of fear for the accused or to save the relationship. The defense usually argues the opposite. Deciding which explanation is more believable is often a key part of the case.

Each recantation is unique. Some take back all the allegations, while others only change a few details. The effect depends on the facts, the evidence, and how well the defense can show reasonable doubt. While no lawyer can promise a dismissal, a strong recantation can sometimes change the course of a case.

### Protective Orders And Bond Conditions Can Create Additional Challenges

Many defendants are surprised to learn that a recantation does not automatically remove protective orders or bond restrictions. In many domestic violence cases, the court sets rules that prevent contact between the people involved. These rules can stay in place even if the alleged victim no longer wants them.

Texas courts treat family violence allegations very seriously. Judges usually prefer to be cautious when deciding if restrictions should stay in place. Because of this, a defendant who thinks everything is settled after a recantation can accidentally get into more legal trouble by breaking a court order.

Breaking a protective order can lead to more criminal charges under [Texas Penal Code § 25.07](https://codes.findlaw.com/tx/penal-code/penal-sect-25-07/). These new charges can make the original case more complicated and increase possible penalties. We always tell clients to follow every court order, no matter what the alleged victim says outside of court.

Another common mistake is when family or friends try to act as go-betweens. Even indirect contact can cause problems, depending on what the order says. Before doing anything, make sure you know exactly what the restrictions are and how they affect your case.

### Why Early Investigation Matters In Domestic Violence Cases

Domestic violence cases usually move fast. Prosecutors start collecting evidence right after an arrest. Police write reports, take photos, save recordings, and talk to witnesses. While the State builds its case, important evidence for the defense can be lost if you don’t act quickly.

Witnesses can become hard to find. Surveillance videos might get deleted. Text messages can be lost. People’s memories fade. Small details that seemed unimportant at first can matter a lot months later in court.

Getting a defense lawyer involved early helps make sure the investigation is thorough. We can find helpful witnesses, save important evidence, get recordings, and start looking for weaknesses in the prosecution’s case before it’s too late. This is especially important if there’s a recantation, since the reasons for changing stories often become a big issue. In others, it may expose inconsistencies in the prosecution’s narrative. The sooner the investigation begins, the greater the opportunity to uncover information that may benefit the accused.

## Protecting Yourself When Facing Domestic Violence Allegations

If you are charged with domestic violence, don’t make assumptions. Many people think the case will go away if the alleged victim stops cooperating. But prosecutors often keep going, especially if they think other evidence supports the charges.

The best thing you can do is take the case seriously from the start. Only talk about the allegations with your lawyer. Follow all court orders. Keep any evidence that could help your defense. Most importantly, don’t assume the case is over just because things have changed.

A domestic violence conviction can hurt your chances for jobs, professional licenses, housing, school, and even personal relationships. If you are not a citizen, it can also affect your immigration status. The effects can last much longer than any court sentence.

Because there is so much at risk, every case needs a careful and strategic defense. Whether the alleged victim has changed their story or not, the main focus should always be on the evidence and the law. A strong defense looks at every detail and challenges whether the prosecution can prove guilt beyond a reasonable doubt.

## Texas Domestic Violence Frequently Asked Questions

### Can Domestic Violence Charges Be Dropped If The Alleged Victim Wants Them Dismissed?

Not automatically. Once charges are filed, the decision to continue or dismiss the case belongs to the prosecutor and the court. While prosecutors may consider the alleged victim’s wishes, they are not required to follow them. If other evidence supports the allegations, the prosecution may move forward despite objections from the alleged victim.

### Does A Recantation Mean The Case Is Weak?

Not necessarily. A recantation can create credibility issues that benefit the defense, but prosecutors often look beyond the alleged victim’s current statements. They may rely on recordings, photographs, witness testimony, medical records, and other evidence. The overall strength of the case depends on all available evidence, not just one witness.

### Can Prosecutors Force An Alleged Victim To Testify?

In some situations, prosecutors may seek a subpoena requiring a witness to appear in court. Whether the witness ultimately testifies and what testimony is permitted depends on the circumstances of the case and applicable evidentiary rules. This is one reason prosecutors often gather as much independent evidence as possible early in the investigation.

### What If The Alleged Victim Says The Police Got The Story Wrong?

That can be important evidence for the defense. However, prosecutors may compare the new statement with prior statements, recordings, photographs, and other evidence. The issue often becomes which version of events is more credible and whether the prosecution can still meet its burden of proof.

### Can Domestic Violence Charges Become Felony Charges?

Yes. Family violence cases may be enhanced to felony offenses in certain circumstances. Prior family violence convictions, allegations involving serious bodily injury, deadly weapons, or repeated acts of violence can significantly increase the severity of the charges and the potential penalties.

## Contact Our Galveston Domestic Violence Defense Attorney To Fight Your Charge

If you have been arrested for domestic violence in Galveston County or Houston, don’t assume the case will go away just because the alleged victim changed their story. Prosecutors often keep going with these cases, and waiting to see what happens can end up costing you.

At Mark Diaz & Associates, we defend people facing misdemeanor and felony domestic violence charges in Galveston and Houston. We carefully investigate the facts, challenge weak evidence, and work hard to protect our clients’ rights, freedom, and future.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You won’t be passed off to a junior lawyer or lost in a busy system. From start to finish, I stay personally involved and available.

Call our [Galveston domestic violence attorneys](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). Let us defend your case. We represent defendants in Galveston County and all over Houston, Texas.

**Categories:** Domestic Violence Defense Lawyer

---

### [DWI With A Child Passenger In Galveston](https://texascriminaljustice.com/dwi-with-a-child-passenger-in-galveston/)

**Published:** June 10, 2026
**Author:** Mark Diaz & Associates

**Content:**

![DWI With A Child Passenger In Galveston](https://texascriminaljustice.com/wp-content/uploads/2026/06/DWI-With-A-Child-Passenger-In-Galveston.png "DWI With A Child Passenger In Galveston")Getting arrested for DWI in Texas is always serious, but the stakes are even higher if a child is in the car. Many people don’t realize that driving while intoxicated with a child passenger is not just a more serious misdemeanor—it’s actually a felony. This means you could face jail time, large fines, a permanent criminal record, and effects on your family, job, and education. In Galveston County, prosecutors often take these cases very seriously because they involve putting a child at risk. If you’re facing this charge, it’s important to understand the law, the evidence, and your possible defenses. What you do right after an arrest can make a big difference in your case.

## Understanding Texas DWI With A Child Passenger Laws

Texas law treats DWI with a child passenger differently from a standard DWI offense. Under [Texas Penal Code § 49.045](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.045), a person commits the offense of Driving While Intoxicated With Child Passenger if the person is intoxicated while operating a motor vehicle in a public place and a passenger younger than 15 years of age is present in the vehicle.

Unlike other DWI charges that depend on past convictions, you can be charged with DWI with a child passenger even if you have never been arrested before. Just having a child in the car makes it a state jail felony.

The State must prove beyond a reasonable doubt that the accused was operating a motor vehicle, was in a public place, was intoxicated as defined by Texas law, and had a passenger under the age of 15 in the vehicle at the time of the alleged offense.

Because every element must be proven, a careful examination of the evidence is necessary in every case.

### Why Prosecutors Take These Cases Seriously

Cases involving child passengers often receive heightened attention from prosecutors, judges, and law enforcement officers. The concern is not limited to whether the driver was impaired. The State frequently argues that the child was placed in danger by the alleged conduct.

In Galveston County, prosecutors may push for tough penalties in these cases because they involve claims that a vulnerable child was put at risk. Things like the child’s age, how much the driver was allegedly impaired, whether there was an accident, and if anyone was hurt can all influence how hard the case is prosecuted.

Even if there’s no accident and the child isn’t hurt, prosecutors often say that just having a child in the car is a public safety issue and should be treated as a felony.

### Penalties For DWI With A Child Passenger In Texas

[Texas Penal Code § 49.045](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.045) classifies DWI with a child passenger as a state jail felony. Under [Texas Penal Code § 12.35](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=12.35&Date=5%2F26%2F2025), a conviction can result in confinement in a state jail facility for a period ranging from 180 days to two years. The court may also impose a fine of up to $10,000.

In addition to criminal penalties, a conviction can result in a driver’s license suspension under Texas Transportation Code provisions governing intoxication offenses.

The effects of a felony conviction often go beyond the courtroom. It can impact your job, professional licenses, ability to rent a home, chances for education, and even your right to own a firearm.

For many people, the collateral consequences can be just as damaging as the criminal penalties themselves.

### How Intoxication Is Defined Under Texas Law

[Texas Penal Code § 49.01](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.49&artSec=49.01) defines intoxication in two different ways. The State may attempt to prove that the accused lacked the normal use of mental or physical faculties because of alcohol, drugs, controlled substances, dangerous drugs, a combination of substances, or any other substance introduced into the body.

The prosecution may also attempt to prove intoxication through a blood alcohol concentration of 0.08 or higher.

These are separate legal theories. A prosecutor may pursue one or both depending on the facts of the case.

Since proving intoxication is required, defense lawyers often look closely at whether the evidence really shows impairment beyond a reasonable doubt.

### Evidence Commonly Used In Child Passenger DWI Cases

Law enforcement officers typically gather several types of evidence during a DWI investigation. Officers often rely on driving behavior, personal observations, statements allegedly made by the driver, field sobriety tests, breath tests, blood tests, body camera footage, dash camera recordings, and witness statements.

In child passenger cases, officers also document the age of the child and the child’s location within the vehicle.

Every piece of evidence needs to be checked carefully. Police reports don’t always tell the whole story. Sometimes, video evidence shows something different than what’s written in reports. Witnesses might remember things differently, and testing procedures aren’t always followed correctly.

Every detail matters when a felony conviction is at stake.

### Defenses To DWI With A Child Passenger Charges

No two cases are exactly the same. Your defense should always fit the specific facts of your situation.

One common challenge concerns the traffic stop itself. The Fourth Amendment requires law enforcement officers to have reasonable suspicion before stopping a vehicle. If the stop was unlawful, important evidence may be subject to suppression.

Another area often examined involves field sobriety testing. Medical conditions, fatigue, weather conditions, injuries, anxiety, and uneven surfaces can all affect performance on these tests.

Breath and blood testing procedures also deserve close scrutiny. Testing equipment must be maintained properly. Blood samples must be handled correctly. Laboratory procedures must comply with established standards. Errors can occur at multiple stages of the testing process.

Defense attorneys also examine whether the prosecution can prove every required element of the offense, including whether the child passenger was actually under the age of 15 at the time of the incident.

### Child Protective Services Issues Following A DWI Arrest

Many parents are surprised to learn that a DWI with a child passenger arrest can trigger involvement from child welfare authorities.

Depending on the circumstances, law enforcement may make a report to the Texas Department of Family and Protective Services. This can lead to an investigation concerning the child’s safety and living conditions.

A criminal case and a child welfare investigation are separate matters, but they can affect one another.

Statements made during a child welfare investigation may later become relevant in the criminal case. Because of this, legal guidance is important whenever multiple proceedings arise from the same incident.

### The Importance Of Early Intervention

The period immediately following an arrest is often one of the most important stages of a felony DWI case.

Evidence must be preserved. Video recordings should be obtained before they are lost or deleted. Witnesses should be identified while memories remain fresh. Administrative driver’s license issues should be addressed promptly.

Texas law provides deadlines that may affect driving privileges following a DWI arrest. Missing these deadlines can result in avoidable consequences.

Early investigation often creates opportunities that may not exist later in the case.

### What To Expect In Galveston County Courts

Most DWI with a child passenger cases begin with an arrest, booking, and bond process. The case then moves through various stages of the criminal justice system.

The prosecution may present the case to a grand jury if required. Discovery materials are exchanged. Motions may be filed challenging evidence or procedures. Negotiations may occur. Some cases ultimately proceed to trial.

Every stage creates opportunities to challenge the prosecution’s evidence and protect the accused’s rights.

Preparation is critical. Prosecutors spend significant time building felony cases. A strong defense requires an equally thorough review of the facts and law.

### Protecting Your Future After A Felony DWI Arrest

A felony charge does not equal a conviction. Many people make the mistake of assuming that an arrest automatically means they have no defense.

The reality is that every case has strengths and weaknesses. The prosecution must satisfy its burden of proof. Constitutional protections apply at every stage of the process. Evidence must be obtained legally and presented properly.

When your freedom, reputation, career, and family relationships are at stake, every aspect of the case deserves careful attention.

## Frequently Asked Questions About DWI With A Child Passenger In Galveston

### Is DWI With A Child Passenger Always A Felony In Texas?

Yes. Under Texas Penal Code § 49.045, DWI with a child passenger is generally charged as a state jail felony when the child passenger is younger than 15 years old. Unlike many DWI offenses that begin as misdemeanors, the presence of a child passenger automatically elevates the offense to felony status.

### Can I Be Charged Even If The Child Was Not Injured?

Yes. The State does not have to prove that the child was injured. Prosecutors only need to establish the required elements of the offense, including intoxication and the presence of a passenger under the age of 15. The absence of injury may help during negotiations or sentencing, but it does not prevent charges from being filed.

### What Happens If This Is My First DWI Arrest?

Even a first-time offender can face a felony charge when a child passenger is involved. Many people assume that a first offense automatically results in misdemeanor treatment. That is not true under Texas Penal Code § 49.045. A person with no criminal history can still face a felony prosecution.

### Can Child Protective Services Become Involved?

Yes. Child welfare authorities may become involved after an arrest involving a child passenger. Depending on the circumstances, an investigation may be opened to evaluate the child’s safety. This process is separate from the criminal case but can create additional legal concerns.

### Will I Lose Custody Of My Child?

Not necessarily. Every family law situation is different. However, allegations involving intoxicated driving with a child passenger can become relevant in custody disputes and family court proceedings. Parents facing these allegations should take the matter seriously because it may affect future parenting decisions.

### Can A Breath Test Be Challenged?

Yes. Breath testing equipment must be properly maintained and operated. Records concerning calibration, maintenance, and testing procedures may reveal issues that affect reliability. A defense attorney should review all available records before accepting the prosecution’s conclusions.

### Can A Blood Test Be Challenged?

Yes. Blood testing involves numerous steps, including collection, storage, transportation, laboratory analysis, and reporting. Errors can occur at any stage. Questions involving contamination, chain of custody, testing methods, and laboratory procedures sometimes create opportunities to challenge the evidence.

### What If The Police Never Saw Me Driving?

Operation of a motor vehicle is an essential element of the offense. In some cases, officers arrive after a vehicle is already stopped. The prosecution must still prove that the accused was operating the vehicle. The available evidence must be evaluated carefully.

### Can The Charges Be Reduced?

Every case is different. The possibility of a reduction depends on the strength of the evidence, legal issues, prior history, and other case-specific factors. Some cases present opportunities for reduced charges, while others require a trial strategy.

### Should I Hire A Lawyer Immediately After My Arrest?

Yes. Early representation often provides significant advantages. Evidence can be preserved, witnesses can be identified, and deadlines affecting driver’s license issues can be addressed promptly. Waiting too long can make it harder to build an effective defense.

## Contact Mark Diaz & Associates For Help With A DWI With A Child Passenger Charge

A DWI with a child passenger is one of the most serious intoxication charges you can face. A felony conviction can impact your freedom, your job, your driver’s license, and your future. If you’ve been arrested in Galveston County or the Houston area, it’s important to act fast and protect your rights.

At Mark Diaz & Associates, we help people facing serious criminal charges in Galveston and throughout Houston, Texas.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can come up at any time. You won’t be passed off to a junior associate or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.

Contact our [Galveston DWI attorneys](https://texascriminaljustice.com/dwi-charges/) at Mark Diaz & Associates by calling [409-515-6170](tel:14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). Find out how we can help defend your case and protect your future.

**Categories:** DWI Attorney

**Tags:** DWI With A Child Passenger In Galveston

---

### [Juvenile Crime Trends In Texas](https://texascriminaljustice.com/juvenile-crime-trends-in-texas/)

**Published:** June 9, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Two men sit on a sidewalk curb talking, a backpack at their feet, as a police car and officer watch from a residential street.](https://texascriminaljustice.com/wp-content/uploads/2026/06/Juvenile-Crime-In-Galveston-Texas.png "Juvenile Crime In Galveston Texas")Young people sometimes make mistakes. Some are minor and soon forgotten, but others can lead to arrests, court dates, and long-lasting consequences. In [Galveston](https://www.galvestoncountytx.gov/), juvenile crime is a concern for families, schools, law enforcement, and courts. Although crime patterns change, the legal system still tries to balance accountability with rehabilitation. Many parents are surprised by how serious a juvenile case can become, especially when violence, drugs, weapons, or repeat offenses are involved. Knowing the current trends and laws in Texas can help families make better decisions if their child enters the juvenile justice system.

## Understanding The Texas Juvenile Justice System

Texas treats juvenile offenders differently from adults in many cases. According to [Texas Family Code §51.02](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=51.02), a child is usually someone who is at least 10 years old but not yet 17. Most criminal cases involving minors go through the juvenile court system instead of adult court.

The juvenile justice system is not just about punishment. Texas Family Code [§51.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=51.02) explains that its goal is to protect the public while also supporting the care, guidance, and rehabilitation of children who break the law. Courts can give consequences, but they also offer chances for treatment, education, and positive change.

Even with these goals, juvenile cases can still have serious outcomes. If a court finds a child committed delinquent conduct, the result might be probation, time in a residential facility, commitment to the Texas Juvenile Justice Department, restitution, community service, counseling, or other court-ordered requirements.

### Recent Juvenile Crime Trends In Texas

Juvenile crime trends in Texas have changed over the past ten years. In general, juvenile arrests have gone down compared to earlier generations. Still, some types of offenses remain a concern for law enforcement and prosecutors.

Violent offenses involving juveniles have received increased attention throughout Texas. Courts continue to see cases involving assault allegations, aggravated assault charges, robbery accusations, and offenses involving weapons. Social media disputes sometimes escalate into real-world confrontations that result in criminal investigations.

Property crimes are still common among juveniles. Theft, burglary, criminal mischief, and car-related offenses often show up in juvenile courts across Texas. While some cases are simple mistakes, prosecutors take them seriously if there are big losses or repeated offenses.

Drug-related offenses also remain a significant concern. Juveniles may face allegations involving marijuana, THC products, controlled substances, prescription medications, or drug distribution activities. The availability of vaping products and synthetic substances has created additional challenges for schools and law enforcement agencies.

Technology-related offenses have gone up a lot. Juveniles now face charges for online harassment, cyberbullying, unauthorized access to devices, social media threats, and other electronic communication crimes. Many young people do not realize that what they do online can have legal consequences in Texas.

### Common Juvenile Charges In Texas

Certain offenses come up often in juvenile courts throughout Texas.

Assault charges often come from incidents at school, sports events, social gatherings, or disagreements between teenagers. Depending on what happened, a juvenile might be accused under [Texas Penal Code §22.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.01).

Theft charges are handled under [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03). Shoplifting is still common, but juvenile theft cases can also involve online sales, car break-ins, or stealing from schools.

Criminal mischief charges under [Texas Penal Code §28.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=28.03) often involve vandalism, graffiti, property damage, or destroying school property.

Robbery charges under [Texas Penal Code §29.02](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.29.pdf) and aggravated robbery under §29.03 are some of the most serious juvenile offenses. These cases can lead to severe penalties and may even result in transfer to adult court.

### When Juveniles Can Be Tried As Adults

A major worry for families is whether a juvenile can be tried as an adult.

[Texas Family Code §54.02](https://statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.54&artSec=) permits juvenile courts to waive jurisdiction and transfer certain cases to adult criminal court under specific circumstances. These transfers typically involve serious felony allegations and older juveniles.

When deciding on a transfer, the court looks at many factors, such as how serious the offense is, the child’s maturity, their past record, and whether rehabilitation is possible in the juvenile system.

Being transferred to adult court can greatly increase the risks for a child. An adult conviction can mean long prison sentences, a permanent criminal record, and other lifelong effects.

Because of these risks, it is important to get help from an experienced defense lawyer as soon as possible if transfer to adult court is a possibility.

### The Role Of Schools In Juvenile Crime Cases

Schools often play a big part in juvenile investigations.

Many juvenile cases begin with incidents reported by school administrators, teachers, school resource officers, or fellow students. Allegations involving fights, threats, weapons, drugs, or electronic communications often trigger school discipline proceedings alongside criminal investigations.

Parents sometimes assume that school discipline and juvenile court proceedings are the same thing. They are not. A student may face suspension, expulsion, or alternative school placement while also being subject to a separate juvenile court case.

Statements made during school investigations can sometimes become evidence in court. For that reason, families should take these situations seriously and seek legal guidance as early as possible.

### Social Media And Juvenile Criminal Allegations

Social media has become a major factor in juvenile cases throughout Texas.

A single post, message, photograph, or video can become evidence in a criminal investigation. Juveniles frequently underestimate how quickly online content can spread or how it may be interpreted by law enforcement.

Threat allegations are particularly common. What one teenager views as a joke may be interpreted as a criminal threat by school officials or police officers.

Electronic harassment allegations may involve Texas Penal Code §42.07, which addresses harassment and certain electronic communications.

Parents should understand that deleting content does not necessarily eliminate evidence. Investigators often obtain records through screenshots, witness statements, and digital evidence collection methods.

### Potential Consequences Of A Juvenile Adjudication

Many parents mistakenly believe juvenile records automatically disappear when a child turns eighteen. The reality is more complicated.

A juvenile adjudication can affect educational opportunities, employment prospects, military service eligibility, professional licensing opportunities, and college admissions.

Some records may qualify for sealing under Texas Family Code Chapter 58. However, eligibility depends on the circumstances of the case and the child’s history.

Serious offenses may remain accessible to certain government agencies even after record-sealing procedures.

Because the long-term effects can be substantial, every juvenile case should be approached carefully from the beginning.

### Defending Juvenile Criminal Charges In Texas

Every juvenile case deserves a thorough examination of the evidence and circumstances.

We evaluate whether law enforcement acted lawfully during the investigation. We review witness statements, surveillance footage, electronic evidence, school records, and police reports. We also assess whether constitutional rights were respected during questioning and detention.

Juvenile defendants possess important legal protections. Violations of those rights can affect the admissibility of evidence and the strength of the prosecution’s case.

Many juvenile cases involve opportunities for alternative resolutions that focus on rehabilitation rather than severe punishment. Identifying those opportunities often requires early and proactive representation.

### Why Early Legal Representation Matters

The decisions made during the early stages of a juvenile case can influence the outcome significantly.

Families sometimes delay seeking legal counsel because they believe the case is minor or because they expect the court to be lenient due to the child’s age. Unfortunately, delays can make it harder to protect the child’s interests.

Early involvement allows defense counsel to preserve evidence, communicate with prosecutors, address school-related concerns, and develop strategies aimed at protecting the child’s future.

When a young person’s future is at stake, every decision matters.

## FAQs About Juvenile Crime Trends In Texas

### What Age Can A Child Be Charged With A Crime In Texas?

Under Texas law, a child generally becomes subject to juvenile court jurisdiction at age ten. Children between the ages of ten and sixteen may face delinquency proceedings in juvenile court. Once a person turns seventeen, most criminal allegations are handled through the adult criminal justice system. Certain exceptional circumstances may alter how a case proceeds, but these are the general age guidelines used throughout Texas.

### Can A Juvenile Record Be Sealed In Texas?

Many juvenile records may qualify for sealing under Texas law. Whether a record can be sealed depends on factors such as the offense involved, the outcome of the case, and the individual’s subsequent conduct. Record sealing can provide important protections by limiting access to juvenile court records. However, not every case qualifies, and certain government agencies may retain access to sealed records in limited circumstances.

### Can A Juvenile Go To Jail In Texas?

Juveniles are generally not sent to adult jails as part of the standard juvenile process. Instead, courts may order placement in juvenile detention facilities, residential treatment programs, or commitment to the Texas Juvenile Justice Department. However, juveniles transferred to adult court may face adult incarceration if convicted.

### What Happens If My Child Is Arrested At School?

School-based arrests often trigger both disciplinary proceedings and juvenile court proceedings. The school may impose suspension, expulsion, or alternative placement while law enforcement pursues criminal allegations. Parents should take both processes seriously because statements made during school investigations can sometimes affect the criminal case.

### Can Social Media Posts Lead To Criminal Charges?

Yes. Social media content frequently becomes evidence in juvenile investigations. Threats, harassment allegations, unlawful photographs, and communications involving criminal activity may all result in investigations. Many juveniles are surprised to learn that online behavior can create serious legal consequences.

### Can A Juvenile Be Charged With A Felony?

Yes. Juveniles can face felony allegations for serious offenses such as robbery, aggravated assault, burglary, drug crimes, sexual offenses, and homicide-related offenses. The fact that a defendant is a juvenile does not prevent prosecutors from pursuing serious charges when warranted by the circumstances.

### What Is Delinquent Conduct Under Texas Law?

Delinquent conduct generally refers to behavior that would constitute a criminal offense if committed by an adult. Texas Family Code provisions govern how delinquent conduct is handled within the juvenile justice system. The term covers a broad range of offenses, from misdemeanors to serious felonies.

### Can Police Question A Juvenile Without A Parent Present?

The answer depends on the circumstances. Texas law provides special protections for juveniles during custodial interrogations. The admissibility of statements often depends on compliance with specific statutory and constitutional requirements. Parents should seek legal guidance promptly if their child has been questioned by law enforcement.

### Will A Juvenile Conviction Affect College Admissions?

It can. Some colleges and universities ask applicants about their criminal history or disciplinary records. Certain juvenile matters may become relevant during admissions reviews. While many institutions consider the totality of the applicant’s background, serious offenses can create challenges.

### Why Should Families Hire A Juvenile Defense Lawyer?

Juvenile cases involve unique laws, procedures, and long-term considerations. A defense lawyer can evaluate the evidence, protect constitutional rights, seek favorable resolutions, address transfer issues, and pursue options that minimize the impact on the child’s future. Early representation often provides the best opportunity to achieve a positive outcome.

## Contact Our Juvenile Defense Attorneys For Help With Juvenile Crime Cases In Galveston

When a child is accused of a crime, the stakes are higher than many families realize. A juvenile case can affect education, employment opportunities, future criminal exposure, and a young person’s reputation. Taking immediate action can make a significant difference in the outcome.

At Mark Diaz & Associates, we represent juveniles and their families throughout Galveston County and across Houston, Texas. We understand the concerns parents face when their child becomes involved in the juvenile justice system, and we work aggressively to protect both the child’s rights and future opportunities.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or become just another file in a crowded system. From the beginning of your case through its resolution, I remain personally involved and accessible.

If your child has been arrested, investigated, or charged with a juvenile offense in Galveston, Houston, or the surrounding areas, call our [Galveston criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Criminal Defense Lawyer

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### [Hazing Laws And Criminal Liability In Texas](https://texascriminaljustice.com/hazing-laws-and-criminal-liability-in-texas/)

**Published:** June 8, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Hazing Laws And Criminal Liability In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/Hazing-Laws-And-Criminal-Liability-In-Texas.png "Hazing Laws And Criminal Liability In Texas")In Texas, hazing allegations can quickly turn into serious criminal cases. What starts as a college tradition, team initiation, or group activity may result in criminal charges, school discipline, lawsuits, and lasting harm to someone’s reputation and future. Many students, parents, and organization members are surprised to find out that Texas has specific laws about hazing.

These laws can hold participants, organizers, and even people who do not report hazing responsible. In [Galveston County](https://www.galvestoncountytx.gov/) and across Texas, prosecutors and schools often respond strongly to hazing, especially if someone is hurt or worse. If you are involved in a hazing investigation, it is important to know the law, your rights, and what could happen next.

## Understanding Hazing Under Texas Law

Texas addresses hazing through Chapter 37 of the Texas Education Code. Specifically, Texas Education Code [§ 37.151](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=ED&Value=37.151) defines hazing broadly. The law applies to students enrolled in educational institutions and covers intentional, knowing, or reckless acts occurring on or off campus when those acts endanger the mental or physical health or safety of a student for purposes related to initiation, membership, office holding, or maintaining membership in an organization.

The law covers more actions than most people think. Hazing does not have to involve physical violence. Forcing someone to drink alcohol, take drugs, eat certain foods, or consume other substances can count as hazing. Activities like sleep deprivation, putting someone in dangerous situations, physical abuse, or anything that puts a student at serious risk can also be considered hazing.

A key part of Texas law is that agreeing to take part in hazing usually does not protect you from criminal charges. Even if someone joins in willingly, they can still be held responsible. Many students are surprised to learn that being a willing participant does not remove the risk of being charged.

### Why Texas Takes Hazing Cases Seriously

Texas lawmakers understand that hazing can be very dangerous. Across the country, many hazing incidents have led to serious injuries and even deaths. Because of this, Texas has created laws to discourage risky initiation practices and make sure those involved are held responsible.

Schools often run their own investigations in addition to police investigations. A student accused of hazing might face criminal charges and, at the same time, risk suspension, expulsion, losing scholarships, being removed from sports teams, or losing membership in student groups.

The consequences often extend beyond school discipline. Criminal records can affect future employment opportunities, graduate school admissions, professional licensing, housing applications, and military service eligibility.

Because of these risks, hazing allegations should never be dismissed as minor disciplinary matters.

### Criminal Offenses Related To Hazing

Texas Education Code [§ 37.152](https://statutes.capitol.texas.gov/?tab=1&code=ED&chapter=ED.37&artSec=37.152) creates several criminal offenses related to hazing. The severity of the offense often depends upon the conduct involved and whether injuries occurred.

A person may commit an offense by engaging in hazing, soliciting another person to engage in hazing, encouraging participation in hazing, directing hazing activities, assisting in planning hazing events, or allowing hazing to occur under circumstances where intervention is possible.

The law also imposes liability on individuals who have firsthand knowledge of planned or ongoing hazing and fail to report the conduct to appropriate school officials.

Unlike many criminal statutes, Texas hazing laws create exposure for a broad range of individuals. Someone who never physically participated may still face criminal consequences if prosecutors believe that person encouraged, facilitated, organized, or knowingly ignored the activity.

### Failure To Report Hazing Can Lead To Criminal Charges

One of the most unique features of Texas hazing law is the duty to report.

Texas Education Code [§ 37.155](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=ED&Value=37.145) establishes criminal liability for certain individuals who possess firsthand knowledge that hazing is planned or in progress and fail to report it to school authorities.

Many students mistakenly assume that remaining silent protects them from involvement. In reality, silence can expose a person to criminal liability under the statute.

The prosecution must prove specific elements to establish a failure-to-report offense. The precise facts matter greatly. Questions often arise regarding what the individual actually knew, when that knowledge was acquired, whether the information was firsthand, and whether a report was reasonably possible under the circumstances.

These cases frequently involve factual disputes that require careful investigation and defense preparation.

### When Hazing Results In Serious Injury Or Death

The stakes increase substantially when a hazing incident causes serious bodily injury or death.

Although the hazing statutes themselves create criminal penalties, prosecutors may also pursue charges under the Texas Penal Code when the facts support additional offenses. Depending on the circumstances, allegations may include assault, aggravated assault, criminally negligent homicide, or manslaughter.

The potential punishment can become significantly more severe when bodily injury occurs.

In some investigations, prosecutors attempt to establish that organizers or participants acted recklessly by forcing dangerous activities, encouraging excessive alcohol consumption, ignoring medical emergencies, or failing to seek assistance when someone became injured.

The specific facts surrounding the event often become the focus of the criminal case.

### Hazing Investigations In Galveston County

Hazing investigations often move quickly once authorities become involved.

Law enforcement officers may interview students, collect text messages, review social media posts, obtain photographs and videos, examine organizational records, and seek statements from witnesses. Educational institutions frequently conduct parallel investigations that generate additional evidence.

Many students make the mistake of speaking with investigators before obtaining legal advice. While some believe cooperation will resolve the matter, statements made during interviews can later become evidence in criminal proceedings.

Investigators often focus on determining who planned the event, who participated, who supervised the activity, who provided alcohol or substances, who witnessed the conduct, and whether anyone attempted to conceal evidence afterward.

Because multiple individuals are often involved, investigators may seek to obtain statements from one participant against another.

### Defending Against Hazing Allegations

Every hazing case presents unique facts, and effective defense strategies depend on the evidence involved.

One common issue involves whether the alleged conduct actually meets the legal definition of hazing under Texas law. Not every initiation activity qualifies as a criminal offense. Prosecutors must establish all required statutory elements.

Another issue concerns knowledge and intent. Certain hazing offenses require proof that a person intentionally, knowingly, or recklessly engaged in prohibited conduct. The available evidence may not support those mental state requirements.

Misidentification can also become a significant issue. Witnesses often provide conflicting accounts regarding who participated, who organized events, and who was present during specific activities.

In some cases, prosecutors rely heavily on statements from other students who are attempting to avoid liability themselves. These witnesses may have motives to shift blame or minimize their own involvement.

A thorough review of communications, videos, photographs, witness statements, and investigative reports is often necessary to identify weaknesses in the prosecution’s case.

### The Relationship Between Criminal Charges And University Discipline

A common misconception is that criminal cases and university disciplinary proceedings operate under the same standards. They do not.

Criminal prosecutors must prove guilt beyond a reasonable doubt. Educational institutions often apply lower standards when determining disciplinary sanctions.

As a result, a student may face university penalties even if criminal charges are reduced, dismissed, or never filed.

At the same time, statements made during university proceedings can sometimes affect criminal cases. Students should carefully consider the legal consequences before participating in disciplinary interviews or submitting written statements.

Coordination between criminal defense strategy and educational disciplinary matters is often critical to protecting a student’s future.

### Long-Term Consequences Of A Hazing Conviction

Many individuals focus primarily on immediate penalties, but the long-term effects of a conviction can be substantial.

A criminal record may appear during background checks conducted by employers, graduate schools, professional licensing boards, landlords, and government agencies.

Students pursuing careers in law, medicine, education, nursing, accounting, finance, law enforcement, and other regulated professions may face additional scrutiny because of a criminal conviction.

The reputational harm can also be significant. Hazing allegations often receive media attention, particularly when injuries occur or when well-known organizations are involved.

Protecting a person’s future requires addressing both the criminal allegations and the broader consequences that may follow.

### Why Early Legal Representation Matters

The earliest stages of a hazing investigation are often the most important.

Important evidence may exist on cell phones, social media accounts, messaging platforms, videos, photographs, and witness communications. Early investigation allows the defense to identify favorable evidence before it disappears.

Prompt representation also helps protect individuals from making statements that may later be misunderstood or used against them.

When prosecutors, school officials, or law enforcement begin asking questions, obtaining legal guidance immediately can help preserve important rights and position the case for the strongest possible outcome.

## Frequently Asked Questions About Hazing Laws And Criminal Liability

### What Legally Qualifies As Hazing In Texas?

Texas law defines hazing broadly. Conduct may qualify as hazing when it endangers a student’s physical or mental health as part of joining, maintaining membership in, or holding office within an organization. The law applies to conduct occurring on or off campus. Activities involving excessive alcohol consumption, physical abuse, sleep deprivation, dangerous physical exercises, or exposure to unsafe conditions may all fall within the definition depending on the facts. Each case requires a careful examination of the circumstances involved.

### Can Someone Be Charged Even If The Participant Agreed To The Activity?

Yes. Texas law specifically provides that consent is generally not a defense to hazing. A participant’s willingness to engage in the conduct does not automatically eliminate criminal liability. Prosecutors may still pursue charges if the activity meets the statutory definition of hazing. This is one reason why many students are surprised to learn they are under investigation despite believing everyone involved participated voluntarily.

### Can A Student Be Charged If They Did Not Personally Harm Anyone?

Potentially. Texas hazing laws extend beyond direct participation. Criminal liability may apply to individuals who organize, encourage, direct, assist with, or allow hazing activities under certain circumstances. The law also creates liability for some individuals who possess firsthand knowledge of hazing and fail to report it. The specific facts and level of involvement are critical in determining potential criminal exposure.

### What Happens If Someone Is Injured During A Hazing Event?

When injuries occur, prosecutors often examine whether additional criminal charges are appropriate. Depending on the circumstances, allegations may extend beyond hazing statutes and include assault, aggravated assault, manslaughter, or criminally negligent homicide. The seriousness of the injury, the conduct involved, and the actions of participants before and after the incident can all affect charging decisions.

### Can Hazing Charges Be Filed Against Fraternity Or Sorority Leaders?

Yes. Organizational leaders are frequently investigated when hazing allegations arise. Prosecutors often examine whether leaders planned activities, approved events, encouraged participation, ignored warnings, or failed to intervene. Leadership positions can create additional scrutiny because investigators may view those individuals as having authority or responsibility over organizational conduct.

### Can Text Messages And Social Media Posts Be Used As Evidence?

Absolutely. Modern hazing investigations often rely heavily on digital evidence. Investigators may review text messages, group chats, emails, photographs, videos, and social media content. Communications discussing planning, participation, attendance, or concealment may become evidence in both criminal and disciplinary proceedings. Preserving and reviewing digital evidence is often an important part of the defense process.

### Should I Talk To Police If They Contact Me About A Hazing Investigation?

Generally, it is wise to speak with a criminal defense lawyer before participating in any law enforcement interview. Investigators may appear friendly and suggest they simply want your side of the story. However, statements made during interviews can later be used in criminal proceedings. Legal counsel can help protect your rights and evaluate the risks associated with providing information.

### Can A University Punish A Student Even If Criminal Charges Are Not Filed?

Yes. Educational institutions often conduct independent disciplinary proceedings. Schools generally apply different standards than criminal courts. As a result, a student may face suspension, expulsion, loss of scholarships, housing restrictions, or organizational sanctions even when criminal charges are not filed or do not result in a conviction.

### Will A Hazing Conviction Affect Future Employment?

It can. Many employers conduct background checks before hiring. Criminal convictions may raise concerns for employers, particularly in professions involving leadership, trust, education, healthcare, government employment, or professional licensing. The extent of the impact depends on the nature of the conviction and the career path being pursued.

### Why Is It Important To Hire A Criminal Defense Lawyer Early?

Early representation provides important advantages. A lawyer can communicate with investigators, preserve evidence, identify witnesses, evaluate potential defenses, and help prevent mistakes that could harm the case later. Hazing investigations often involve multiple participants, extensive digital evidence, and parallel school disciplinary proceedings. Taking action early helps protect legal rights and creates opportunities to address issues before charges become more difficult to defend.

## Contact Our Galveston Assault Defense Lawyer For Your Free Consultation

If you are being investigated for hazing, have been accused of participating in a hazing event, or are facing criminal charges related to hazing in Galveston County or the Houston area, it is important to act quickly. These cases often involve complicated facts, multiple witnesses, university investigations, and serious criminal consequences that can affect your future for years to come.

At Mark Diaz & Associates, we fight to protect the rights, reputations, and futures of people accused of criminal offenses throughout Galveston and across the city of Houston, Texas. We thoroughly investigate the facts, challenge weak evidence, and work aggressively toward the best possible outcome for every client.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston hazing and assault defense attorneys](https://texascriminaljustice.com/assault-and-battery/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help defend you against assault criminal charges in Galveston, Houston, and throughout Texas.

**Categories:** Assault

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### [Galveston County Criminal Court Process From Arrest To Trial](https://texascriminaljustice.com/galveston-county-criminal-court-process-from-arrest-to-trial/)

**Published:** June 7, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Galveston County Criminal Court Process From Arrest To Trial](https://texascriminaljustice.com/wp-content/uploads/2026/06/Galveston-County-Criminal-Court-Process-From-Arrest-To-Trial-The-Arrest-And-Booking.png "Galveston County Criminal Court Process From Arrest To Trial")## Understanding What Happens After An Arrest In Galveston County

Getting arrested in [Galveston County](https://www.galvestoncountytx.gov/) can be one of the most stressful experiences a person will ever face. Many people have no idea what happens after handcuffs are placed on them, and the uncertainty often creates fear about their future, freedom, family, and career. Whether the charge involves DWI, drug possession, assault, theft, a white-collar offense, or a felony allegation, the criminal court process follows a series of important stages. Every decision made during those stages can affect the outcome of the case.

Many people think that being arrested means they are already considered guilty, but that is not how the Texas criminal justice system works. An arrest is just the start of a criminal case. The prosecution must still prove guilt beyond a reasonable doubt, and everyone accused of a crime has important constitutional rights.

Knowing how a criminal case moves through the Galveston County courts can help you make better choices and avoid mistakes that might harm your defense. The more you understand the process, the more prepared you will be to protect your rights and your future.

### The Arrest And Booking Process

A criminal case usually begins when a law enforcement officer believes there is probable cause to make an arrest. Under [Article 14.01](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-14-01/) of the Texas Code of Criminal Procedure, an officer may arrest a person without a warrant for offenses committed in the officer’s presence or view. In other situations, an arrest warrant may be issued by a magistrate after reviewing evidence presented by law enforcement.

After an arrest, the person is taken to jail for booking. During this process, officers collect basic information, take photos and fingerprints, and record personal details. Any property is listed and stored while the person stays in custody.

Some people think they have to answer every question from investigators after being arrested, but that is not true. Both the United States Constitution and Texas law give you the right to remain silent and to have a lawyer. Anything you say after your arrest can be used as evidence in court and may help the prosecution.

The booking process might seem routine, but what happens during this time can affect your case later. Things like statements, recorded phone calls, and how you interact with officers can all become evidence.

### The Magistrate Hearing And Bond Determination

Texas law requires a person who has been arrested to be taken before a magistrate without unnecessary delay. [Article 15.17](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm) of the Texas Code of Criminal Procedure governs these proceedings.

At the magistrate hearing, the accused is informed of the allegations, advised of important constitutional rights, and notified of the right to counsel. The magistrate also addresses bond and release conditions.

Bond is intended to ensure the defendant’s appearance in court while allowing release from custody pending resolution of the case. Depending on the charge, the court may impose conditions that restrict travel, require drug testing, prohibit contact with alleged victims, or require participation in treatment programs.

Sometimes, prosecutors ask for a high bond because of a person’s criminal history, the seriousness of the charges, or public safety concerns. Having a lawyer early on is important, since bond conditions can affect your job, family duties, and daily life.

### The Filing Of Formal Criminal Charges

An arrest alone does not mean formal charges have been filed. After reviewing police reports and evidence, prosecutors decide whether criminal charges should proceed.

For misdemeanor offenses, prosecutors may file an information under [Article 21.20](https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.21.pdf) of the Texas Code of Criminal Procedure. For felony cases, prosecutors generally seek an indictment from a grand jury as required by [Article I, Section 10](https://law.justia.com/constitution/texas/sections/cn000100-001000.html) of the Texas Constitution and [Chapter 20](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=20A) of the Texas Code of Criminal Procedure.

The charging document is important because it identifies the specific criminal allegations and legal statutes involved. The exact wording of the charge can affect the available defenses and potential penalties.

At this point, prosecutors look at witness statements, physical evidence, videos, forensic tests, and criminal history. If they find problems with the evidence, charges may be reduced or the case might not move forward at all.

### The Grand Jury Process In Felony Cases

Felony cases in Galveston County generally proceed through the grand jury process. A grand jury does not determine guilt or innocence. Instead, it decides whether probable cause exists to support a felony indictment.

Grand jury proceedings occur in private. Prosecutors present evidence and witness testimony to grand jurors. The defense generally does not have the right to participate in the proceeding.

If the grand jury returns a “true bill,” the case proceeds as a felony prosecution. If the grand jury returns a “no bill,” the indictment is rejected.

Although the defense has limited involvement during this phase, preparation before the grand jury process can sometimes influence the direction of a case. In certain situations, defense counsel may communicate with prosecutors before presentation to the grand jury.

### Arraignment And Initial Court Appearances

Once formal charges are filed, the defendant appears before the court for arraignment or other preliminary proceedings.

During these hearings, the court addresses the charges, discusses legal representation, and establishes future court dates. A plea is entered, which is often not guilty at the beginning of the case.

Many people expect dramatic courtroom events during early appearances. In reality, much of the important work occurs outside the courtroom through investigation, evidence review, legal research, and negotiations.

The court may also address scheduling matters, bond modifications, and compliance with existing release conditions.

### Discovery And Evidence Review

One of the most important stages of a criminal case involves discovery. Article 39.14 of the Texas Code of Criminal Procedure governs criminal discovery obligations.

The prosecution must disclose relevant evidence, including police reports, witness statements, photographs, videos, forensic testing, and other materials that may affect the defense.

This phase often reveals the prosecution’s strengths and weaknesses. We carefully review every piece of evidence to identify inconsistencies, constitutional violations, procedural mistakes, and factual disputes.

Discovery frequently uncovers issues that were not apparent immediately after arrest. Body camera footage may contradict a police report. Witness statements may change over time. Laboratory testing may reveal weaknesses in forensic evidence.

A thorough review of discovery frequently forms the foundation of an effective defense strategy.

### Pretrial Motions And Legal Challenges

Many criminal cases involve significant legal disputes before trial. Defense attorneys may file motions challenging evidence, witness testimony, search procedures, arrest procedures, or constitutional violations.

The Fourth Amendment protects against unreasonable searches and seizures. Evidence obtained through an unlawful search may be subject to suppression. Statements obtained in violation of constitutional protections may also be challenged.

Pretrial motions can have a substantial impact on a case. If critical evidence is excluded, prosecutors may lose significant portions of their case.

Motion hearings also provide opportunities to question officers and witnesses under oath. These proceedings often reveal valuable information that can assist the defense later in the case.

### Plea Negotiations And Resolution Discussions

Not every criminal case proceeds to trial. Many cases are resolved through negotiated agreements between the prosecution and defense.

Plea discussions may involve charge reductions, sentencing recommendations, probation options, diversion programs, or other negotiated outcomes. Whether a negotiated resolution is appropriate depends entirely on the facts of the case and the goals of the client.

We believe every client deserves a complete understanding of the evidence before making decisions about a plea offer. Accepting a plea without understanding the strengths and weaknesses of the prosecution’s case can have serious consequences.

A criminal conviction may affect employment opportunities, professional licenses, educational opportunities, immigration status, firearm rights, and future criminal proceedings. Those consequences should be carefully evaluated before any decision is made.

### Preparing For Trial In Galveston County Criminal Courts

When a case cannot be resolved through dismissal or negotiation, trial preparation becomes the focus.

Preparation involves reviewing evidence, interviewing witnesses, consulting experts when necessary, developing legal arguments, and preparing courtroom presentations.

Texas criminal trials are governed by numerous procedural rules designed to ensure fairness. Prosecutors bear the burden of proving every element of the charged offense beyond a reasonable doubt.

Trial preparation often begins months before the first witness enters the courtroom. Successful defense work requires detailed attention to evidence, witness credibility, legal issues, and jury presentation.

### The Jury Trial Process

Most criminal defendants charged with serious offenses have the right to a jury trial. Article 1.12 of the Texas Code of Criminal Procedure protects this right.

The process begins with jury selection, commonly called voir dire. Potential jurors are questioned regarding their backgrounds, experiences, and ability to remain fair and impartial.

Once a jury is selected, both sides present opening statements. The prosecution then presents witnesses and evidence supporting the allegations.

The defense has the right to cross-examine witnesses and challenge evidence. Depending on the circumstances, the defense may present witnesses and evidence of its own.

After closing arguments, the jury receives instructions from the court and begins deliberations.

A guilty verdict requires proof beyond a reasonable doubt. If jurors have reasonable doubt regarding the prosecution’s case, they must return a not guilty verdict.

### Sentencing After A Conviction

If a defendant is convicted, the case moves into the sentencing phase.

Sentencing depends on numerous factors, including the offense charged, criminal history, aggravating circumstances, mitigating evidence, and statutory punishment ranges.

The Texas Penal Code establishes sentencing ranges for misdemeanor and felony offenses. For example, felony punishment ranges are governed by Chapters 12.31 through 12.35 of the Texas Penal Code.

Sentencing hearings may include testimony regarding the defendant’s background, employment history, family circumstances, treatment efforts, and community involvement.

The outcome of sentencing proceedings can significantly affect a person’s future and should never be treated as a routine formality.

### Why Early Legal Representation Matters

The choices made early in a criminal case often affect everything that happens later. It is important to save evidence, find witnesses, and spot legal issues as soon as possible.

Being charged with a crime does not mean you will be convicted. Every case should be looked at carefully and fought for strongly. The criminal court process in Galveston County has many steps, and each one is a chance to protect your rights and work toward the best result under Texas law.

## Contact Mark Diaz & Associates For Criminal Defense Representation In Galveston County

If you have been arrested or charged with a crime in Galveston County, the decisions you make today can affect your future for years to come. Whether you are facing misdemeanor allegations, felony charges, DWI accusations, drug offenses, assault charges, theft crimes, white-collar investigations, or other criminal allegations, obtaining experienced legal representation as early as possible can make a significant difference in the outcome of your case.

At Mark Diaz & Associates, we represent clients throughout Galveston County and across the Houston area. We understand how stressful criminal charges can be, and we work closely with every client to evaluate the facts, identify defenses, challenge the prosecution’s evidence, and pursue the best possible result under Texas law.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Criminal charges do not automatically result in convictions. You have rights, you have options, and you deserve a strong defense.

Call our [Galveston criminal law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent individuals accused of crimes in Galveston, Texas, Houston, Texas, and surrounding communities throughout Southeast Texas. Let us help you protect your freedom, your reputation, and your future.

**Categories:** Criminal Defense Lawyer

---

### [What Happens At An Arraignment In Texas?](https://texascriminaljustice.com/what-happens-at-an-arraignment-in-texas/)

**Published:** June 6, 2026
**Author:** Mark Diaz & Associates

**Content:**

![What Happens At An Arraignment In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/06/What-Happens-At-An-Arraignment-In-Texas.png "What Happens At An Arraignment In Texas")Getting arrested and charged with a crime in Texas can feel overwhelming. For many people, arraignment is one of the first times they appear in court. This hearing is often confusing, and many defendants are unsure what will happen or how it might affect their case. Although arraignment is not where guilt or innocence is decided, it is still a key step in the criminal process. What happens at this hearing can shape the rest of your case and influence later decisions. If you are facing charges in [Galveston County](https://www.galvestoncountytx.gov/) or the Houston area, knowing what to expect at arraignment can help you make better choices and protect your rights from the start.

## Understanding The Purpose Of An Arraignment

An arraignment is a formal court hearing where the defendant learns about the criminal charges filed against them. It officially notifies the defendant of the accusations and lets the court handle some basic procedural issues.

Under [Article 26.02](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.26.htm) of the Texas Code of Criminal Procedure, arraignment occurs in felony cases after the indictment or information has been presented. During this hearing, the court ensures that the defendant knows the nature of the charges and has an opportunity to enter a plea.

Some people expect dramatic events at arraignment, but the hearing is usually short. Still, it is an important step because it starts the formal court process after charges are filed.

## What Happens When Your Case Is Called

When your case is called, the judge will state the charges against you. The court will check your identity and make sure you understand what you are accused of.

The judge may ask whether you have retained legal counsel or whether you need a court-appointed attorney. If you qualify financially and face possible incarceration, the court may appoint counsel pursuant to [Article 1.051](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=1.051) of the Texas Code of Criminal Procedure.

The court will also handle some basic issues related to your case. The exact process can vary depending on the county and the type of charge. In Galveston County, local rules often affect how arraignments are run and what topics come up during the hearing.

### Entering A Plea At Arraignment

A main purpose of arraignment is for the defendant to enter a plea.

Under Article 27.02 of the Texas Code of Criminal Procedure, recognized pleas include guilty, not guilty, nolo contendere, and certain special pleas authorized by law.

In most criminal cases, defendants enter a plea of not guilty at arraignment. This preserves the defendant’s rights and allows the defense to investigate the allegations, review evidence, and prepare legal defenses before making any decisions regarding the resolution of the case.

Pleading guilty early on can have serious consequences. Before making any plea that could lead to a conviction, defendants should understand the evidence, possible penalties, and any defenses they might have.

### Why Arraignment Is Not A Trial

Many people mistakenly believe that an arraignment is the point where the prosecution presents its case and the defendant argues innocence. That is not what occurs during this hearing. Arraignment is not a trial. Usually, no witnesses testify and no evidence is presented to decide guilt or innocence. The judge is not deciding if the defendant committed the crime.

Instead, the hearing focuses primarily on notifying the defendant of the charges and moving the case into the next phase of the criminal justice process.

The opportunity to challenge evidence, cross-examine witnesses, and present defenses usually occurs later through pretrial motions, hearings, negotiations, or trial.

### Bond And Conditions Of Release

In some cases, bond issues may still be addressed around the time of arraignment.

Texas law provides important protections regarding bail. Article 17.15 of the Texas Code of Criminal Procedure establishes factors courts consider when setting bail. The amount should be sufficient to ensure appearance in court, but should not be used as an instrument of oppression.

The court may impose conditions of release depending on the offense charged. These conditions could include reporting requirements, travel restrictions, alcohol monitoring, no-contact orders, or other requirements designed to protect public safety and ensure compliance with court orders.

Violating bond conditions can result in additional legal complications and may affect future bond decisions.

### The Importance Of Having A Criminal Defense Lawyer Before Arraignment

One of the most important decisions a defendant can make is retaining legal counsel before the arraignment hearing whenever possible.

Early involvement by a defense attorney allows immediate action to protect the client’s interests. We often begin reviewing reports, identifying constitutional issues, preserving evidence, and evaluating potential defenses long before the first court appearance.

Having legal representation at arraignment also helps ensure that important rights are protected and that any issues involving bond, release conditions, or procedural matters are properly addressed.

Many mistakes made during the early stages of a criminal case can create problems later. Early representation often helps avoid those issues.

### What Happens After Arraignment

Once the arraignment is completed, the case proceeds into the pretrial phase.

During this stage, prosecutors and defense counsel exchange information and review evidence. Discovery procedures allow the defense to examine police reports, witness statements, videos, forensic testing, and other evidence that may be relevant to the case.

Article 39.14 of the Texas Code of Criminal Procedure governs criminal discovery and requires prosecutors to disclose certain evidence to the defense.

The pretrial stage often includes investigation, witness interviews, legal research, plea negotiations, and preparation for possible hearings or trial.

Many criminal cases are resolved during this phase. Others proceed to a jury trial when factual or legal disputes cannot be resolved through negotiation.

### Common Concerns Defendants Have About Arraignment

Many people worry that they will be expected to explain themselves at arraignment. In most cases, that does not happen.

Defendants are generally not required to testify or discuss the facts of the case during the hearing. In fact, remaining silent regarding the allegations is often the safest course of action while the defense reviews the evidence.

Others worry that failing to explain their side of the story will make them appear guilty. The criminal justice system does not operate that way. The burden remains on the prosecution to prove the allegations beyond a reasonable doubt.

Another common concern is whether an arraignment means a conviction is likely. The reality is that an arraignment simply begins the formal court process. Many cases are successfully defended, reduced, dismissed, or resolved favorably after the arraignment stage.

### How Arraignment Differs In Felony And Misdemeanor Cases

Although arraignments occur in both felony and misdemeanor cases, there are differences depending on the level of offense.

Felony cases generally involve formal indictments returned by a grand jury under Article 20.19 of the Texas Code of Criminal Procedure. Arraignment follows the filing of the indictment and serves as the defendant’s formal appearance on those charges.

Misdemeanor procedures may vary depending on the court and jurisdiction. Some misdemeanor cases move through initial settings and docket calls without a formal arraignment hearing resembling those commonly seen in felony cases.

Regardless of the offense level, defendants benefit from understanding the process and obtaining legal guidance as early as possible.

### Protecting Your Rights From The Beginning

The period immediately following an arrest can have a lasting impact on a criminal case. Statements made to law enforcement, bond decisions, preservation of evidence, and procedural deadlines can all affect the outcome.

The arraignment is one of the first opportunities for the defense to become actively involved in protecting a defendant’s rights. While the hearing itself may be relatively brief, it serves as the starting point for building a defense strategy.

Every criminal case presents unique facts, legal issues, and opportunities. Early preparation often creates advantages that may not be available later in the process.

## FAQs About Arraignment In Texas

### Do I Have To Attend My Arraignment In Texas?

In most criminal cases, attendance is required unless the court allows an appearance through counsel or grants another exception. Missing an arraignment can result in serious consequences, including the issuance of a warrant for your arrest. Courts expect defendants to appear as directed, and failure to do so can complicate the case significantly. If you are unsure whether your presence is required, you should discuss the issue with your attorney before the hearing date.

### Can My Charges Be Dismissed At Arraignment?

Although dismissals can occur at various stages of a criminal case, arraignment is generally not where dismissal decisions are made. The hearing is primarily designed to inform the defendant of the charges and allow a plea to be entered. Legal challenges that may lead to dismissal usually occur later, after evidence has been reviewed and motions have been filed. However, early involvement by defense counsel can begin laying the groundwork for dismissal arguments.

### Should I Plead Guilty At Arraignment?

Most defendants benefit from entering a not guilty plea at arraignment so that the defense has time to review evidence and investigate the allegations. Pleading guilty before understanding the prosecution’s case can create significant risks. Criminal charges often involve factual disputes, legal defenses, constitutional issues, or evidentiary weaknesses that may not be apparent at the beginning of the case. A careful review should occur before making decisions that could result in a conviction.

### Will The Prosecutor Speak During The Arraignment?

The prosecutor is often present during arraignment proceedings, but extensive arguments about guilt or innocence typically do not occur. The prosecutor’s role at this stage is usually limited to addressing procedural matters and ensuring the case moves forward through the court system. Detailed discussions regarding evidence generally occur later.

### Can I Talk To The Judge About My Side Of The Story?

Most defendants should avoid discussing the facts of their case directly with the judge during arraignment. The hearing is not intended for presenting defenses or explaining events. Statements made in court can potentially be used against a defendant later. It is generally better to allow your attorney to handle communications regarding the case while preserving your constitutional rights.

### Can Bond Be Reduced At Arraignment?

In some cases, bond issues may be addressed around the arraignment stage. Courts may review existing bond conditions and consider requests for modification. Whether a reduction is granted depends on factors such as criminal history, the nature of the charge, community ties, and risk of flight. Legal representation can be particularly valuable when seeking bond relief.

### Is Arraignment The Same Thing As A Trial?

No. Arraignment and trial are entirely different proceedings. Arraignment is an early procedural hearing focused on informing the defendant of the charges and obtaining a plea. A trial occurs much later and involves evidence, witness testimony, legal arguments, and a determination of guilt or innocence.

## Call Our Galveston County Defense Attorneys For A Free Consultation

If you have been arrested and are facing arraignment in Galveston County or anywhere in the Houston area, the decisions you make early in the process can affect the outcome of your case. At Mark Diaz & Associates, we fight to protect the rights, freedom, and future of our clients from the very beginning of a criminal case.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense attorney ](https://texascriminaljustice.com/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston, Houston, and surrounding Texas communities, and we are ready to help you protect your rights at every stage of the criminal process.

**Categories:** Criminal Defense Lawyer

---

### [Texas Prostitution and Solicitation Laws](https://texascriminaljustice.com/texas-prostitution-and-solicitation-laws/)

**Published:** June 5, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Texas Prostitution and Solicitation Laws](https://texascriminaljustice.com/wp-content/uploads/2026/06/Texas-Prostitution-and-Solicitation-Laws.png "Texas Prostitution and Solicitation Laws")An arrest for prostitution or solicitation in Texas can quickly lead to serious and lasting problems. Texas is known for having some of the strictest solicitation laws in the country. Lawmakers have recently made penalties tougher and increased enforcement for both people accused of selling and buying sexual services. Even one arrest can impact your job, professional license, education, housing, and personal life. If you are facing charges in [Galveston County](https://www.galvestoncountytx.gov/) or the Houston area, it is important to know your rights and legal options.

## Understanding Texas Prostitution And Solicitation Laws

Texas law covers prostitution-related crimes mainly in [Chapter 43](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.43.pdf) of the Texas Penal Code. Although people often use the words prostitution and solicitation as if they mean the same thing, Texas law sees them as different crimes.

According to Texas Penal Code §43.02, prostitution means knowingly offering or agreeing to accept money from someone else to take part in sexual activity. The law does not require that any sexual act actually happen. Often, prosecutors try to prove this crime using conversations, text messages, online chats, or statements made during undercover police work.

Texas Penal Code §43.021 covers solicitation of prostitution. This law makes it a crime to knowingly offer or agree to pay someone for sexual activity. In 2021, Texas became the first state to make solicitation of prostitution a felony in many cases, instead of just a misdemeanor.

This difference matters because someone accused of selling sexual services can face different charges and penalties than someone accused of trying to buy them.

### Why Texas Changed Solicitation Laws

Texas lawmakers made major changes to solicitation laws with [House Bill 1540](https://www.texasattorneygeneral.gov/news/releases/paxton-commends-legislature-making-texas-first-state-penalize-buying-sex-felony). Their goal was to lower the demand for commercial sex and fight human trafficking.

Because of this, solicitation of prostitution under Texas Penal Code §43.021 is now usually charged as a State Jail Felony, even for a first offense. This change means much harsher penalties than before.

If convicted, you could face time in a state jail, large fines, community supervision, and a permanent criminal record. Since these cases are now often treated as felonies, people accused of solicitation often face much more serious consequences than they might expect.

### What Prosecutors Must Prove

In any criminal case, the State must prove every part of the crime beyond a reasonable doubt. For prostitution and solicitation, prosecutors need to show more than just a conversation or being in a certain place.

The State has to prove there was an agreement or offer that involved sexual activity and payment. Prosecutors might use evidence like undercover officer testimony, recorded calls, text messages, social media messages, online ads, surveillance videos, or statements made by the accused.

Many prostitution arrests happen during undercover operations by local police, sheriff’s offices, or task forces. Officers might pretend to be buyers or sellers and talk to suspects through websites, messaging apps, or in person.

Because these investigations often depend heavily upon officer testimony and interpretation of communications, careful review of the evidence is critical.

### Penalties For Solicitation Of Prostitution In Texas

Under Texas Penal Code §43.021, solicitation of prostitution is generally charged as a State Jail Felony.

A State Jail Felony carries potential punishment under Texas Penal Code §12.35 of confinement in a state jail facility for a period ranging from 180 days to two years and a fine of up to $10,000.

Enhanced penalties may apply under certain circumstances. If the accused has prior convictions for solicitation offenses, the charge level can increase. Even more serious consequences can result when allegations involve minors.

The impact of a felony conviction often extends beyond court-imposed penalties. Employers frequently conduct background checks. Professional licensing boards may review criminal records. Educational institutions, landlords, and financial institutions may also consider felony convictions during decision-making processes.

For many individuals, the collateral consequences can be just as significant as the direct criminal penalties.

### Penalties For Prostitution Charges

Prostitution charges under Texas Penal Code §43.02 are generally classified based upon prior convictions.

A first offense is typically charged as a Class B misdemeanor. Subsequent convictions can result in enhanced charges, including Class A misdemeanors and felony-level offenses.

The penalties associated with misdemeanor prostitution convictions may include jail time, probation, fines, counseling requirements, and other court-ordered conditions.

Although misdemeanor offenses carry less severe penalties than felony solicitation charges, the consequences can still be substantial. A conviction can remain part of a person’s criminal history and may affect future opportunities.

### Cases Involving Minors Carry Severe Consequences

Texas law imposes especially harsh penalties when allegations involve individuals younger than 18 years old.

Under Texas Penal Code §43.021©, solicitation involving a person younger than 18 may result in a second-degree felony charge. Importantly, the law provides that it is not a defense that the defendant did not know the person’s age or reasonably believed the individual was 18 or older.

A second-degree felony under Texas Penal Code §12.33 carries a potential prison sentence ranging from two to twenty years and a fine of up to $10,000.

Cases involving allegations of minors often trigger aggressive prosecution and require immediate legal attention.

### Common Defenses In Prostitution And Solicitation Cases

Every case presents unique facts and circumstances. Effective defense strategies depend upon a detailed review of the evidence, witness statements, investigative methods, and constitutional issues.

One common issue involves whether the State can actually prove an agreement existed. Ambiguous conversations, vague language, or misunderstandings may create significant questions regarding the prosecution’s evidence.

Another defense may involve challenging the reliability of communications relied upon by law enforcement. Text messages, online communications, and digital evidence sometimes raise authentication issues or questions about who actually sent or received messages.

Constitutional issues can also arise. If law enforcement violated Fourth Amendment protections against unreasonable searches and seizures, certain evidence may be subject to suppression.

Entrapment issues occasionally arise as well. Under Texas Penal Code §8.06, entrapment may be available when law enforcement induces a person to commit an offense through persuasion or other means likely to cause a person to commit a crime they otherwise would not have committed. While entrapment defenses are often difficult to establish, they may be relevant in some undercover operations.

### How Undercover Prostitution Stings Work

Law enforcement agencies throughout Galveston County and the Houston area regularly conduct prostitution sting operations.

Some operations involve officers posing as individuals offering sexual services. Others involve officers posing as customers. Many investigations begin online through websites, messaging platforms, or social media applications.

Officers often arrange meetings at hotels, parking lots, apartments, or other locations. Arrests frequently occur immediately after an alleged agreement is made or after money changes hands.

Because undercover operations are designed to generate evidence for prosecution, individuals should exercise caution when speaking with law enforcement after an arrest. Statements made during interviews can become significant evidence later in court.

### The Importance Of Early Legal Representation

The period immediately following an arrest can be critical. Evidence must be preserved, witnesses identified, and legal defenses evaluated.

Early intervention allows defense counsel to obtain police reports, review digital evidence, assess constitutional issues, and begin building a defense strategy before the prosecution’s case progresses further.

In many situations, decisions made shortly after an arrest can affect the outcome of the case months later. For that reason, obtaining legal representation as soon as possible is often one of the most important steps a person can take.

### Potential Immigration Consequences Of Prostitution And Solicitation Charges

For non-citizens, prostitution and solicitation allegations can create concerns that extend beyond the Texas criminal justice system. Certain criminal convictions may affect immigration status, visa eligibility, admissibility, and removal proceedings. Even when a person is not convicted, the underlying allegations can sometimes attract attention from federal immigration authorities.

Because immigration consequences depend on a person’s specific status and criminal history, it is important to carefully evaluate the potential impact before accepting a plea agreement. What may appear to be a favorable resolution in criminal court could create unexpected immigration problems later. We regularly encourage clients to fully understand all potential consequences before making decisions about their case.

### Digital Evidence Plays A Major Role In Modern Cases

Many prostitution and solicitation investigations now begin online. Law enforcement officers frequently use websites, social media platforms, messaging applications, and electronic communications during undercover operations.

Prosecutors may attempt to use text messages, emails, photographs, payment records, call logs, and online profiles as evidence. However, digital evidence is not always as straightforward as it appears. Questions often arise regarding who created a message, who controlled a particular account, whether communications have been altered, and whether law enforcement obtained evidence lawfully.

Technology has changed the way these investigations are conducted, but it has also created new opportunities to challenge the State’s evidence. A careful review of electronic records is often an important part of the defense process.

### How Prior Criminal History Can Affect A Case

A person’s criminal record can significantly influence how prosecutors approach prostitution and solicitation cases. Prior convictions may result in enhanced charges, increased punishment ranges, and less favorable plea offers.

Texas law provides escalating penalties for repeat offenses in many prostitution-related cases. Prosecutors often review prior convictions, probation history, and other criminal allegations when determining how aggressively to pursue a case.

At the same time, individuals with little or no criminal history may have opportunities that are not available to repeat offenders. Factors such as employment history, community involvement, military service, educational achievements, and family responsibilities may also become important during negotiations and sentencing proceedings.

### What Happens After An Arrest In Galveston County

Following an arrest, most defendants will first appear before a magistrate who addresses bond conditions and advises the accused of the charges. Depending on the circumstances, bond conditions may include travel restrictions, reporting requirements, or limitations on internet use.

The case then moves through several stages of the criminal justice process. Prosecutors review evidence, defense counsel conducts an independent investigation, and both sides evaluate the strengths and weaknesses of the case.

Felony solicitation charges generally proceed through the district court system. In felony cases, prosecutors must often seek an indictment from a grand jury before the case advances toward trial.

Throughout this process, important legal issues may arise regarding evidence, witness testimony, search procedures, electronic communications, and constitutional protections.

### Plea Negotiations And Alternative Resolutions

Not every prostitution or solicitation case proceeds to trial. Depending on the circumstances, plea negotiations may become part of the defense strategy.

Prosecutors and defense attorneys often discuss factors such as the strength of the evidence, prior criminal history, mitigation circumstances, and the likelihood of success at trial. In some situations, negotiations may result in reduced charges or alternative sentencing options.

Each case must be evaluated individually. There is no single outcome that applies to every defendant. The facts, evidence, criminal history, and legal issues involved all influence the available options.

### Why Every Detail Matters In These Cases

Many prostitution and solicitation prosecutions initially appear straightforward. However, once the evidence is carefully reviewed, important questions often emerge.

A seemingly simple text message may have multiple interpretations. An undercover officer’s report may conflict with video evidence. A search of a phone or electronic device may raise constitutional concerns. Statements attributed to the accused may be incomplete or taken out of context.

The prosecution must prove its case beyond a reasonable doubt. That burden remains with the State throughout the proceedings. A thorough defense often involves examining every detail rather than accepting the government’s version of events at face value.

## Protecting Your Future After A Prostitution Or Solicitation Arrest

A prostitution or solicitation arrest does not automatically mean a conviction. Many people assume their case is hopeless because an arrest occurred during an undercover operation or because electronic communications exist. In reality, criminal cases frequently involve factual disputes, legal challenges, and evidentiary issues that can affect the outcome.

Protecting your future begins with understanding your rights and taking the allegations seriously. The earlier a defense strategy is developed, the more opportunities there may be to challenge the State’s evidence and pursue a favorable resolution.

## Call Our Galveston Prostitution And Solicitation Attorney For Your Free Consultation

A prostitution or solicitation arrest can create uncertainty about your future, your reputation, and your freedom. The prosecution may already be building its case, gathering records, reviewing communications, and preparing evidence. The sooner you have legal representation, the sooner you can begin protecting your rights.

At Mark Diaz & Associates, we defend individuals accused of prostitution, solicitation, and other criminal offenses throughout Galveston County and the Houston area. We carefully examine the facts, challenge weak evidence, and work aggressively to pursue the best possible outcome under Texas law.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been arrested or are under investigation for prostitution or solicitation in Galveston, Houston, or the surrounding areas, call our [Galveston sex crime defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients throughout Galveston and the city of Houston, Texas.

**Categories:** Sex Crime Defense Lawyer

---

### [Injury To A Child Or Elderly Person: What Prosecutors Look For](https://texascriminaljustice.com/injury-to-a-child-or-elderly-person-what-prosecutors-look-for/)

**Published:** June 4, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Injury To A Child Or Elderly Person](https://texascriminaljustice.com/wp-content/uploads/2026/06/Injury-To-A-Child-Or-Elderly-Person.png "Injury To A Child Or Elderly Person")Facing a charge involving injury to a child, elderly person, or disabled individual is serious and can have lasting effects. In [Galveston County](https://www.galvestoncountytx.gov/) and the Houston area, prosecutors often pursue these cases strongly because Texas law sees the alleged victims as especially vulnerable. Even being accused can harm your reputation, job, and family life, and raise concerns about your freedom and future. Many people do not realize that these cases often come from accidents, misunderstandings, medical issues, discipline, or disputed claims; not just intentional abuse. If you are being investigated or charged, knowing what prosecutors focus on and how these cases are built can help you protect your rights and make informed choices.

## Understanding Texas Injury To A Child Or Elderly Person Charges

Texas Penal Code [§ 22.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.04) governs the offense of Injury to a Child, Elderly Individual, or Disabled Individual. The statute applies when a person intentionally, knowingly, recklessly, or with criminal negligence causes bodily injury, serious bodily injury, serious mental deficiency, impairment, injury, or bodily injury to a protected person.

Under Texas law, a child is generally defined as a person who is 14 years of age or younger. An elderly individual is a person who is 65 years of age or older. The statute also protects certain disabled individuals who meet the legal definition provided within the law.

These cases are often complicated because the law covers many types of actions and mental states. Prosecutors do not always need to show that someone meant to cause harm. Sometimes, acting recklessly or with criminal negligence is enough for charges to be filed.

The punishment depends on the situation, the injuries claimed, and what mental state prosecutors think they can prove. Penalties can range from state jail felonies to first-degree felonies, which may mean decades in prison.

### Why Texas Prosecutors Take These Cases So Seriously

Cases involving children and elderly people get extra attention from police, prosecutors, judges, and juries. These cases often bring out strong emotions because the alleged victims are seen as unable to protect themselves.

Prosecutors often put a lot of resources into these investigations. Child Protective Services, Adult Protective Services, doctors, forensic interviewers, and police may all take part.

Because the public is concerned about these cases, prosecutors often try to show that the alleged victim was vulnerable or dependent, and that there was a relationship of trust. They may claim the accused had a duty to care for the person and did not meet that responsibility.

These cases are emotional, which can make things harder for the accused. Jurors may already have strong feelings about cases involving children or elderly people. That is why it is so important to prepare carefully and have a strong defense strategy.

### What Prosecutors Must Prove

The prosecution must prove every element of the offense beyond a reasonable doubt. The exact elements depend on the specific allegations and the level of injury involved.

A key issue in many cases is what the accused was thinking at the time. Texas law separates intentional acts, knowing acts, reckless acts, and criminal negligence. These differences can greatly affect whether someone is found guilty and what the punishment might be.

Prosecutors often focus heavily on evidence suggesting that the accused acted deliberately or consciously disregarded a known risk. Defense attorneys frequently challenge those claims by showing that the incident was accidental, misunderstood, or unsupported by reliable evidence.

Medical records, witness testimony, expert opinions, photographs, and recorded statements often become key evidence in determining whether the State can meet its burden.

### The Importance Of Medical Evidence

Medical evidence frequently serves as the foundation of an Injury to a Child or Elderly Person prosecution. Prosecutors often rely on physicians, nurses, specialists, and forensic experts to explain how an injury occurred and whether it appears consistent with the explanation provided by the accused.

In cases involving children, allegations may arise from broken bones, bruising, burns, head injuries, malnutrition concerns, or other physical findings. In elderly person cases, allegations may involve falls, medication issues, dehydration, neglect claims, or unexplained injuries.

Medical opinions are not always definitive. Doctors can disagree regarding causation, timing, and the mechanism of injury. Certain medical conditions may mimic signs that initially appear suspicious. Because of this, an independent review by qualified defense experts can be crucial.

We often examine whether the medical conclusions relied upon by prosecutors are supported by the available evidence and whether alternative explanations exist.

### Statements Made During The Investigation

One of the most important aspects of these cases involves statements made before formal charges are filed. Investigators often interview parents, caregivers, family members, healthcare workers, and others connected to the alleged victim.

Many people believe that fully cooperating and answering every question will automatically clear up misunderstandings. Unfortunately, statements made during stressful interviews may later be interpreted differently by investigators or prosecutors.

In some situations, investigators conduct multiple interviews and compare statements for inconsistencies. Minor differences in recollection may be interpreted as evidence of dishonesty or a sense of guilt.

Prosecutors frequently review recorded interviews, written statements, text messages, social media communications, and phone records when evaluating whether charges should be filed.

### How Prosecutors Evaluate Intent

Intent is often one of the most heavily contested issues in these cases. Prosecutors generally look for facts that suggest the accused acted intentionally or knowingly rather than accidentally.

They may focus on the severity of injuries, prior incidents, witness observations, timing of medical treatment, and statements made before or after the event. Evidence suggesting concealment or delayed reporting may also receive attention.

Defense counsel often challenges assumptions regarding intent by presenting evidence that an injury resulted from an accident, medical condition, misunderstanding, or ordinary caregiving activity. The difference between an intentional act and an accident can determine whether criminal liability exists at all.

Because juries often struggle with complex medical and factual issues, a clear presentation of evidence becomes critical.

### Common Defenses In Injury To A Child And Elderly Person Cases

Every case presents unique facts, but several defenses frequently arise in these prosecutions.

A common defense involves challenging whether the alleged injury occurred as prosecutors claim. Medical conditions, developmental disorders, age-related illnesses, and accidental injuries can sometimes provide alternative explanations.

Another defense involves disputing the required mental state. Even when an injury occurred, prosecutors must still prove the appropriate level of intent, knowledge, recklessness, or criminal negligence.

False accusations also occur. Family disputes, custody battles, relationship conflicts, and misunderstandings sometimes lead to allegations that are exaggerated or entirely untrue.

In other cases, defense attorneys may challenge the credibility of witnesses, the reliability of expert opinions, or the thoroughness of the investigation itself.

### Penalties For Injury To A Child Or Elderly Person In Texas

The potential penalties associated with Texas Penal Code § 22.04 are severe.

When serious bodily injury is alleged, and prosecutors claim intentional or knowing conduct, the offense may be charged as a first-degree felony. Under Texas Penal Code [§ 12.32](https://law.justia.com/codes/texas/penal-code/title-3/chapter-12/subchapter-c/section-12-32/), a first-degree felony carries a punishment range of five years to life imprisonment and a fine of up to $10,000.

Other versions of the offense may be charged as second-degree felonies, third-degree felonies, or state jail felonies, depending on the facts and alleged mental state.

The consequences often extend beyond incarceration. A conviction can affect employment opportunities, professional licenses, housing applications, firearm rights, and personal relationships for years to come.

### Why Early Intervention Matters

The period before formal charges are filed can be one of the most important stages of a case. Investigators are gathering evidence, interviewing witnesses, and determining whether criminal charges should be pursued.

Early legal representation can help protect constitutional rights and prevent mistakes that may later complicate the defense. In some cases, attorneys can present information that affects charging decisions before prosecutors make final determinations.

Preserving evidence, identifying favorable witnesses, obtaining records, and evaluating medical issues should begin as soon as possible. Delays may result in lost evidence or fading witness memories.

When facing allegations involving a child or elderly person, immediate action often creates opportunities that may not be available later.

## Frequently Asked Questions About Injury To A Child Or Elderly Person Charges

### What Is Considered Injury To A Child Under Texas Law?

Texas Penal Code § 22.04 makes it a crime to intentionally, knowingly, recklessly, or with criminal negligence cause bodily injury, serious bodily injury, serious mental deficiency, impairment, or injury to a child. The law applies to children who are 14 years old or younger. Prosecutors must prove the required elements beyond a reasonable doubt, and the seriousness of the charge depends on the nature of the injury and the mental state alleged.

### Can Someone Be Charged Even If The Injury Was Accidental?

Yes. One reason these cases are complicated is that Texas law allows prosecution based on different mental states. While a true accident may provide a defense, prosecutors sometimes argue that a person acted recklessly or with criminal negligence. The distinction between an unavoidable accident and criminal conduct often becomes a central issue in the case.

### What Is The Difference Between Bodily Injury And Serious Bodily Injury?

Bodily injury generally refers to physical pain, illness, or impairment of physical condition. Serious bodily injury involves a much higher level of harm, such as a substantial risk of death, permanent disfigurement, or long-term impairment of a bodily function. The classification of the injury can significantly affect potential penalties.

### Can A Parent Be Charged For Disciplining A Child?

Texas law recognizes certain parental rights regarding discipline. However, prosecutors may file charges if they believe the force used exceeded what is legally permissible under the circumstances. These cases are highly fact-specific and often require careful examination of the extent of injury, the purpose of the discipline, and the surrounding circumstances.

### How Do Prosecutors Prove Their Case?

Prosecutors often rely on medical records, expert testimony, witness statements, photographs, videos, text messages, and statements made by the accused. In many cases, medical professionals provide opinions regarding the cause and timing of injuries. The State must prove every required element beyond a reasonable doubt.

### Can Child Protective Services Become Involved?

Yes. In allegations involving children, Child Protective Services frequently conducts a parallel investigation. The CPS investigation is separate from the criminal case, but information gathered by CPS may affect the criminal proceedings. Statements made during CPS interviews can become important evidence.

### What Happens If An Elderly Family Member Suffers An Injury At Home?

Not every injury involving an elderly person results in criminal charges. However, law enforcement may investigate if there are allegations of abuse, neglect, or criminal conduct. Prosecutors typically examine the circumstances surrounding the injury, caregiving responsibilities, medical conditions, and available evidence before making charging decisions.

### Can Charges Be Filed Without Physical Evidence?

Yes. While physical evidence often strengthens a case, prosecutors may proceed based on witness testimony, statements, circumstantial evidence, and expert opinions. Whether such evidence is sufficient for conviction depends on the facts of the case and how the evidence withstands scrutiny.

### Are These Cases Defensible?

Absolutely. Every allegation must be carefully investigated. Medical findings may be disputed. Witnesses may be mistaken. Alternative explanations may exist. Prosecutors still carry the burden of proving guilt beyond a reasonable doubt. Thorough preparation and detailed analysis frequently reveal weaknesses in the State’s case.

### Should I Speak To Investigators If They Contact Me?

Generally, it is wise to consult a criminal defense attorney before answering questions from investigators. Statements made during an investigation can later be used by prosecutors. Even well-intentioned explanations can be misunderstood or taken out of context. Obtaining legal guidance before speaking with law enforcement can help protect your rights.

## Call Our Galveston Assault Defense Attorney For A Free Consultation

An accusation involving injury to a child or elderly person can place your future, freedom, and reputation at risk. These cases require immediate attention and a defense strategy built on the facts, the law, and a thorough review of the evidence. At Mark Diaz & Associates, we represent clients facing serious criminal charges in Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or have been charged with Injury to a Child, Elderly Individual, or Disabled Individual, call our [Galveston assault defense attorney](https://texascriminaljustice.com/assault-and-battery/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We are ready to discuss your case, explain your options, and begin protecting your rights.

**Categories:** Assault And Battery Lawyer

---

### [Assault Family Violence vs Aggravated Assault](https://texascriminaljustice.com/assault-family-violence-vs-aggravated-assault/)

**Published:** June 3, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Law firm banner advertising assault and family-violence defense, showing a smiling attorney in a gray suit meeting with clients in an office.](https://texascriminaljustice.com/wp-content/uploads/2026/06/Why-Assault-Family-Violence-Charges-Are-Treated-Differently.png "Why Assault Family Violence Charges Are Treated Differently")If you are accused of a violent crime in Texas, it can quickly affect your freedom, reputation, job, and family life. Not all assault charges are the same under Texas law. The difference between Assault Family Violence and Aggravated Assault can mean facing a misdemeanor or a serious felony with long prison sentences. If you have been arrested in [Galveston](https://www.galveston.com/) or the Houston area, it is important to know how these charges differ. We often help people with both types of cases and know that acting early can really change the outcome.

## Understanding Assault Under Texas Law

Texas assault offenses are governed primarily by Texas Penal Code [§ 22.01](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01). Under this statute, a person may commit assault by intentionally, knowingly, or recklessly causing bodily injury to another person. A person may also commit assault by threatening another with imminent bodily injury or by causing offensive or provocative physical contact under certain circumstances.

Many assault arrests claim that someone was hurt. Texas courts have a broad view of what counts as bodily injury. Even small injuries like bruises, cuts, swelling, redness, or just physical pain can meet the legal definition.

Many people think assault charges always mean serious injuries, but that is not always true. Prosecutors can file charges even if the only claim is that someone felt physical pain.

### What Is Assault Family Violence In Texas?

Texas Family Code [§ 71.003](https://statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.71&artSec=71.003) defines family members broadly and includes individuals related by blood, marriage, or adoption. Texas Family Code [§ 71.005](https://law.justia.com/codes/texas/family-code/title-4/subtitle-a/chapter-71/section-71-005/) addresses household members and includes people living together in the same residence. Texas Family Code [§ 71.0021](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=71.0021) also extends family violence protections to dating relationships.

When prosecutors allege that an assault occurred against a spouse, former spouse, boyfriend, girlfriend, former dating partner, household member, parent, child, or certain other family members, the case may be designated as Assault Family Violence.

In many situations, a first-time Assault Family Violence allegation involving bodily injury is charged as a Class A misdemeanor under Texas Penal Code § 22.01(b). A conviction may result in up to one year in county jail and a fine of up to $4,000.

However, prior family violence convictions can substantially increase the severity of the charge.

### Why Assault Family Violence Charges Are Treated Differently

Family violence allegations often receive heightened attention from prosecutors, judges, and law enforcement agencies. Texas law provides several consequences that may apply specifically to family violence cases.

One significant issue is the possibility of emergency protective orders that restrict contact between the accused and the alleged victim. These orders may prevent a person from returning home, contacting family members, or seeing children.

Another major concern is the impact on firearm rights. Federal law may prohibit firearm possession following certain domestic violence convictions. Even individuals who lawfully owned firearms before the conviction may lose that right.

A family violence finding can also affect future divorce proceedings, child custody disputes, professional licenses, and employment opportunities.

Because these consequences often extend beyond the criminal courtroom, defending against family violence allegations requires careful attention to both the immediate criminal case and the long-term impact on a person’s future.

### What Is Aggravated Assault In Texas?

Aggravated Assault is governed by Texas Penal Code § 22.02. Under this statute, an assault becomes aggravated when the accused either causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of the assault.

This distinction is important because aggravated assault is generally prosecuted as a felony offense.

Texas Penal Code § 1.07(46) defines serious bodily injury as an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.

Examples may include severe fractures, gunshot wounds, stab wounds, traumatic brain injuries, significant internal injuries, or injuries requiring extensive medical treatment.

Even if the alleged victim does not suffer serious bodily injury, the use or exhibition of a deadly weapon can elevate an assault to aggravated assault.

### How Texas Defines A Deadly Weapon

Texas law defines a deadly weapon broadly. A firearm is automatically considered a deadly weapon. However, many other objects may also qualify depending on how they are allegedly used.

A knife, vehicle, baseball bat, metal pipe, or even an everyday object can potentially be classified as a deadly weapon if prosecutors claim it was capable of causing death or serious bodily injury in the manner used.

This broad definition often becomes a central issue in aggravated assault cases.

We frequently examine whether the object actually meets the legal definition of a deadly weapon and whether the evidence supports the prosecution’s allegations.

### Penalties For Aggravated Assault In Texas

Aggravated assault is generally charged as a second-degree felony under Texas Penal Code § 22.02(b).

A second-degree felony carries a potential punishment range of two to twenty years in prison and a fine of up to $10,000 under Texas Penal Code § 12.33.

Certain circumstances can increase the charge to a first-degree felony. Examples include aggravated assault involving public servants, witnesses, security officers, family violence strangulation allegations in some situations, or other protected individuals identified by statute.

A first-degree felony may result in five to ninety-nine years or life imprisonment under Texas Penal Code § 12.32.

These severe penalties make aggressive defense representation essential from the earliest stages of the case.

### Comparing Assault Family Violence, And Aggravated Assault

Although both offenses involve allegations of assaultive conduct, there are important differences.

Assault Family Violence focuses primarily on the relationship between the parties. The prosecution must establish that the alleged victim falls within a qualifying family, household, or dating relationship category.

Aggravated Assault focuses on the seriousness of the injury or the alleged use of a deadly weapon. The relationship between the parties may be irrelevant.

However, these charges are not always mutually exclusive. A person can be accused of Aggravated Assault Family Violence when prosecutors allege serious bodily injury or the use of a deadly weapon against a family member or dating partner.

When that occurs, the potential penalties and consequences can become substantially more severe.

### Common Defenses To Assault Family Violence Charges

Every case must be evaluated individually. The facts, witness statements, physical evidence, and available defenses vary significantly from one case to another.

One common issue involves conflicting witness accounts. Family disputes often occur in emotionally charged situations where witnesses may provide inconsistent versions of events.

False allegations can also arise during divorce proceedings, child custody disputes, relationship conflicts, or arguments involving finances.

Self-defense may apply when the accused acted to protect themselves from another person’s unlawful use of force. Texas Penal Code Chapter 9 recognizes the right to use force under certain circumstances when self-protection is necessary.

We also examine whether the prosecution can prove bodily injury beyond a reasonable doubt. Medical records, photographs, witness testimony, and video evidence often play important roles in these cases.

### Common Defenses To Aggravated Assault Charges

Aggravated assault cases frequently involve disputes regarding the extent of injuries or whether a deadly weapon was actually used.

Medical evidence is often heavily scrutinized. Prosecutors must establish that the alleged injuries satisfy the legal definition of serious bodily injury when that theory is being pursued.

When the case involves an alleged deadly weapon, we examine whether the object legally qualifies as a deadly weapon under Texas law and whether the evidence supports the State’s claims.

Self-defense, defense of others, mistaken identity, lack of intent, and credibility challenges may also play important roles depending on the facts of the case.

Because aggravated assault charges carry significant prison exposure, thorough investigation and preparation are critical.

### The Importance Of Early Legal Representation

The earliest stages of an assault investigation can be extremely important. Statements made to police officers, text messages, social media posts, recorded jail calls, and witness interviews often become key pieces of evidence.

Many people believe they can explain their side of the story directly to investigators. Unfortunately, those conversations often create additional problems.

We generally encourage individuals under investigation or facing assault charges to seek legal counsel before making statements to law enforcement.

Early representation allows us to preserve evidence, identify witnesses, review allegations, and begin building a defense strategy before critical opportunities are lost.

### How A Conviction Can Affect Your Future

The consequences of a conviction frequently extend far beyond fines or incarceration.

A family violence conviction can affect firearm ownership rights, employment opportunities, housing applications, professional licensing, and family court proceedings.

An aggravated assault conviction may result in a felony record that follows a person for life. Background checks, job opportunities, educational opportunities, and professional advancement may all be affected.

For many individuals, protecting their future becomes just as important as defending against the immediate criminal charges.

That is why every assault allegation deserves serious attention and a carefully planned defense strategy.

## **Frequently Asked Questions About Assault, Family Violence, and Aggravated Assault**

### Can Assault Family Violence Be Dismissed?

Yes. Like any criminal case, Assault Family Violence charges can sometimes be dismissed. Whether dismissal is possible depends on the facts, available evidence, witness credibility, legal issues, and the strength of the prosecution’s case. A dismissal may occur when evidence is insufficient, witnesses become unavailable, self-defense applies, or constitutional issues arise during the investigation.

### Can The Alleged Victim Drop The Charges?

Many people believe the alleged victim controls whether charges proceed. In reality, the prosecutor decides whether to continue the case. Even if the alleged victim wants the charges dropped, prosecutors may still pursue prosecution if they believe sufficient evidence exists. However, the alleged victim’s position can sometimes influence how the case is handled.

### What Happens If The Alleged Victim Recants?

Recanting does not automatically end a criminal case. Prosecutors often argue that recantations occur because of family pressure, reconciliation, or emotional considerations. The prosecution may attempt to rely on prior statements, photographs, recordings, medical records, or other evidence. A recantation can still be important, but it must be evaluated within the context of the entire case.

### Is Assault Family Violence A Felony?

It can be. Many first-time Assault Family Violence cases involving bodily injury are charged as Class A misdemeanors. However, prior convictions, certain aggravating circumstances, or allegations involving impeding breathing or circulation under Texas Penal Code § 22.01(b)(2)(B) may elevate the offense to a felony.

### What Is Considered Serious Bodily Injury?

Texas Penal Code § 1.07(46) defines serious bodily injury as an injury creating a substantial risk of death or causing death, serious permanent disfigurement, or prolonged impairment of a body part or organ. Not every injury qualifies. The specific medical evidence often becomes a major issue in aggravated assault cases.

### Can A Vehicle Be Considered A Deadly Weapon?

Yes. Texas courts have recognized that a motor vehicle may qualify as a deadly weapon when it is allegedly used in a manner capable of causing death or serious bodily injury. Prosecutors sometimes pursue aggravated assault charges based on the alleged use of a vehicle during a confrontation.

### Will I Lose My Gun Rights After A Family Violence Conviction?

Possibly. Federal law imposes restrictions on firearm possession following certain domestic violence convictions. The impact can be significant and long-lasting. Because these consequences can extend beyond the criminal case itself, it is important to understand the potential implications before resolving a family violence charge.

### What If There Were No Visible Injuries?

Visible injuries are not always required. Texas law broadly defines bodily injury and may include physical pain alone. However, the absence of visible injuries may create challenges for the prosecution and may become an important defense issue depending on the facts.

### Can Self-Defense Apply In Family Violence Cases?

Yes. Texas law recognizes self-defense in appropriate circumstances. If a person reasonably believed force was immediately necessary to protect against another’s unlawful force, self-defense may be available. The facts must be carefully analyzed to determine whether the defense applies.

### Should I Talk To The Police If I Am Accused Of Assault?

In most situations, speaking with police without legal representation creates a significant risk. Statements made during interviews may later be used by prosecutors. Even individuals who believe they are innocent can unintentionally provide information that harms their defense. Seeking legal counsel before answering questions is generally the safest course of action.

## Call Our Dallas Domestic Violence Defense Attorney For Your Free Consultation

An arrest for Assault Family Violence or Aggravated Assault can place your freedom, reputation, and future at risk. These cases often move quickly, and prosecutors begin building their case immediately. At Mark Diaz & Associates, we fight aggressively for individuals accused of violent crimes throughout Galveston County and across Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been arrested, charged, or are under investigation for Assault Family Violence or Aggravated Assault, contact Mark Diaz & Associates today. If you are facing a firearms charge, call our [Galveston domestic violence defense attorney](https://texascriminaljustice.com/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We proudly represent clients throughout Galveston and Houston, Texas.

**Categories:** Domestic Violence Lawyer

---

### [Houston Criminal Charges Process Explained](https://texascriminaljustice.com/houston-criminal-charges-process-explained/)

**Published:** June 1, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Houston Criminal Charges Process Explained](https://texascriminaljustice.com/wp-content/uploads/2026/06/Houston-Criminal-Charges-Process-Explained.png "Houston Criminal Charges Process Explained")Getting arrested in [Houston](https://www.houstontx.gov/) can be confusing and stressful, especially if you have never dealt with the criminal justice system before. Cases can move quickly once charges are filed. Even a misdemeanor arrest can impact your job, professional license, family, and future. Felony charges carry even more serious risks, such as possible prison time and lasting harm to your reputation. Learning how the Houston criminal charges process works under Texas law can help you make better choices and avoid mistakes that might hurt your defense.

## How Criminal Cases Begin In Houston

A criminal case often starts with an arrest, an investigation, or formal charges being filed. In Houston, police can arrest someone after a traffic stop, responding to a call, serving a warrant, or following an investigation. Sometimes, people find out they are being investigated before any arrest happens.

Under the Texas Code of Criminal Procedure [Article 14.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=14.01&Date=3/2/2021), police officers may arrest a person without a warrant when an offense occurs within the officer’s presence or view. Officers may also make arrests in certain other situations permitted under Texas law, including family violence cases and felony investigations.

After an arrest, the person is usually taken to jail for booking. Officers gather fingerprints, photos, personal details, and information about the alleged crime. Anything said during booking can be used as evidence later, so it is important to use your right to remain silent.

### The Magistrate Hearing And Bond Process

After an arrest in Harris, Fort Bend, and Montgomery Counties, the accused is typically brought before a magistrate judge. This hearing often occurs within 48 hours of arrest under the Texas Code of Criminal Procedure [Article 15.17](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=15.17).

At the magistrate hearing, the court explains the charges, tells the accused about their rights, and discusses bond conditions. The judge decides whether to set bail or deny bond based on how serious the charges are and the person’s criminal record.

Bond conditions in Texas can be strict. A judge might order a defendant to stay away from certain people, take drug tests, give up firearms, or follow travel limits. Breaking these rules can lead to more charges or losing your release.

The bail amount usually depends on how serious the crime is, the person’s past record, their ties to the community, and whether the court thinks they might run away or be a danger to others.

### Understanding Misdemeanor And Felony Charges In Texas

In Texas, crimes are classified as either misdemeanors or felonies. This classification affects the possible punishment and how the case moves through the courts.

Under Texas Penal Code, misdemeanor offenses include Class A, Class B, and Class C misdemeanors. Penalties can range from fines to up to one year in county jail.

Felonies are more serious. Felony charges may include prison sentences ranging from 180 days in a state jail facility to life imprisonment in the Texas Department of Criminal Justice.

Some common felony charges in Houston are aggravated assault, drug trafficking, burglary, robbery, weapons offenses, and felony DWI.

Whether a crime is a misdemeanor or felony can greatly affect plea deals, possible sentences, and long-term effects.

### The Role Of The Prosecutor In Houston Criminal Cases

After an arrest, the prosecutor looks at police reports, witness statements, videos, forensic evidence, and other information to decide if formal charges should move forward.

In felony cases, Texas prosecutors often seek an indictment through a grand jury under Texas Code of Criminal Procedure Article 20.19. A grand jury reviews evidence presented by the State and determines whether probable cause exists to formally charge the accused.

Usually, the defense does not present evidence to the grand jury. However, sometimes a defense lawyer can get involved early and influence the decision before charges are filed.

After charges are filed, prosecutors may keep investigating, talk to more witnesses, and collect more evidence. The State must prove guilt beyond a reasonable doubt.

### Arraignment And Formal Court Proceedings

After an indictment or formal charges, the accused goes to court for arraignment. At this hearing, the court tells the defendant what they are accused of and asks for a plea.

Most people first plead not guilty so their lawyer can review the case. This plea keeps all legal options open and allows the defense to challenge the evidence.

The court also sets deadlines for sharing evidence, filing motions, and future hearings. Criminal cases in Houston usually require several court appearances before they are resolved.

At this point, having an experienced Houston defense lawyer is very important because legal strategy choices can affect the outcome of your case.

### Discovery And Reviewing The Evidence

Texas law provides important discovery rights to criminal defendants. Under Texas Code of Criminal Procedure Article 39.14, often called the Michael Morton Act, prosecutors must disclose certain evidence to the defense.

Discovery may include police reports, body camera footage, witness statements, laboratory reports, photographs, 911 recordings, surveillance videos, and forensic evidence.

Looking over the evidence is a key part of any criminal case. Sometimes, issues come up like wrong witness statements, bad forensic tests, illegal searches, or police reports that do not match.

Carefully reviewing all the evidence can uncover problems that might lead to charges being dropped, evidence being thrown out, reduced charges, or even a not guilty verdict at trial.

### Pretrial Motions And Constitutional Challenges

Before trial, the defense may file motions challenging evidence or police conduct. Constitutional protections play a major role in Texas criminal defense cases.

The Fourth Amendment protects against unlawful searches and seizures. Evidence obtained illegally may sometimes be excluded from trial.

The Fifth Amendment protects against self-incrimination. Statements obtained in violation of Miranda rights may be challenged.

The Sixth Amendment guarantees the right to counsel and the right to confront witnesses.

Texas courts frequently hear motions involving illegal traffic stops, search warrant challenges, unlawful interrogations, suppression of evidence, identification procedures, and discovery violations.

If these motions succeed, they can make the prosecution’s case much weaker.

### Plea Bargaining In Houston Criminal Cases

Many criminal cases in Texas end with a plea deal. These deals can mean reduced charges, lighter sentences, probation, or dropping some accusations.

The decision to accept or reject a plea offer is highly personal and depends on factors such as:

- Strength of the evidence
- Criminal history
- Potential sentencing exposure
- Collateral consequences
- Immigration concerns
- Employment concerns

Some defendants choose to resolve the case through negotiation, while others decide to proceed to trial. Every case requires careful analysis before making this decision.

### What Happens During A Criminal Trial In Texas

If no plea agreement is reached, the case may proceed to trial. Texas defendants generally have the right to a jury trial under both the United States Constitution and Texas law.

During trial, prosecutors present witnesses, physical evidence, and testimony attempting to prove guilt beyond a reasonable doubt. The defense has the opportunity to cross-examine witnesses, challenge evidence, and present defensive theories.

The burden of proof always remains on the State. A defendant is presumed innocent unless proven guilty beyond a reasonable doubt.

Criminal trials may involve complex legal issues, including scientific evidence, witness credibility disputes, forensic testimony, and constitutional questions.

A not guilty verdict results in acquittal. If convicted, the case proceeds to sentencing.

### Sentencing In Texas Criminal Cases

Sentencing depends on the offense level, criminal history, and facts surrounding the alleged conduct. Texas judges and juries may both play roles in sentencing, depending on the circumstances.

Punishments may include incarceration, probation, fines, community supervision, restitution, counseling requirements, or treatment programs.

Under Texas Penal Code §12.33, second-degree felonies carry penalties ranging from 2 to 20 years in prison. First-degree felonies under Texas Penal Code §12.32 may result in 5 to 99 years or life imprisonment.

Even misdemeanor convictions can create lasting consequences involving employment, housing, professional licensing, firearm rights, and immigration status.

### Appeals And Post-Conviction Options

A conviction does not always end the legal process. Texas defendants may have appellate rights depending on the outcome of the case.

Appeals may challenge:

- Improper admission of evidence
- Constitutional violations
- Jury instruction errors
- Insufficient evidence
- Sentencing issues

Deadlines for filing appeals are strict under Texas law. Prompt action is important after conviction.

Certain defendants may also pursue post-conviction relief through writ proceedings or motions for a new trial under limited circumstances.

## Why Early Defense Representation Matters

The early stages of a criminal case are often the most important. Statements made to police, bond conditions, evidence preservation, and strategic decisions can affect the outcome long before the trial begins.

Many people mistakenly believe they should wait until formal charges are filed before speaking with a lawyer. In reality, early intervention may improve the likelihood of obtaining favorable evidence, influence charging decisions, or identify constitutional violations.

An aggressive defense strategy begins with understanding the facts, reviewing the evidence, and protecting the client’s rights from the outset.

## Frequently Asked Questions About Houston Criminal Charges

### What Happens Immediately After An Arrest In Houston?

After an arrest, the accused is generally taken to jail for booking. Officers collect fingerprints, photographs, and identifying information. The person will usually appear before a magistrate judge within 48 hours under Texas Code of Criminal Procedure Article 15.17. During this hearing, the court explains the charges, advises the defendant of constitutional rights, and sets bond conditions if release is permitted.

### How Long Does A Criminal Case Take In Texas?

The timeline depends on the seriousness of the charge, court scheduling, forensic testing, and whether the case resolves through plea negotiations or trial. Some misdemeanor cases may conclude within a few months, while felony prosecutions can last much longer. Complex felony cases involving extensive evidence or expert testimony may continue for over a year.

### What Is The Difference Between Jail And Prison In Texas?

The county jail is generally used for misdemeanor sentences and pretrial detention. Prison refers to facilities operated by the Texas Department of Criminal Justice for felony convictions. A felony conviction can result in transfer to a state prison facility, while misdemeanor convictions often involve local county jail sentences.

### Can Charges Be Dropped Before Trial?

Yes. Prosecutors may dismiss charges if evidence is weak, witnesses become unavailable, constitutional violations occur, or additional investigation changes the case. Defense attorneys may also file motions challenging the legality of the arrest or admissibility of evidence. Dismissals can occur at various stages of the process.

### Should I Speak To Police After Being Arrested?

In most situations, it is safer to exercise the right to remain silent and request legal counsel. Statements made to police may later be used as evidence. Even innocent explanations can sometimes create problems or inconsistencies during prosecution. The Fifth Amendment protects individuals from self-incrimination.

### What Is Probation In Texas Criminal Cases?

Probation, often called community supervision, allows a defendant to avoid incarceration while complying with court-ordered conditions. Conditions may include reporting requirements, counseling, drug testing, employment obligations, and payment of fines. Violating probation conditions can result in revocation and possible jail or prison time.

### What Happens If I Miss A Court Date?

Failing to appear in court can lead to additional criminal charges, bond forfeiture, and arrest warrants. Judges take missed court appearances seriously. If an emergency prevents attendance, immediate communication with defense counsel is important.

### Can A Criminal Record Be Cleared In Texas?

Some cases may qualify for expunction or nondisclosure under Texas law. Eligibility depends on the outcome of the case, the offense involved, and the defendant’s criminal history. Convictions often create significant limitations on record-clearing options, which is why protecting your record early in the process matters.

### What Is A Grand Jury In Texas?

A grand jury reviews evidence presented by prosecutors in felony cases to determine whether probable cause exists for indictment. Grand jury proceedings are generally secret, and the defense usually does not participate directly. If the grand jury returns an indictment, the felony case proceeds formally through the court system.

### Can A Criminal Conviction Affect Employment?

Yes. Criminal convictions can create serious employment consequences. Employers frequently conduct background checks, and certain professions have licensing restrictions tied to criminal records. Felony convictions often carry the most severe long-term impact on future employment opportunities.

## Call Our Houston Criminal Defense Attorney For Your Free Consultation

If you have been arrested or charged with a crime in Galveston, Houston, or nearby Southeast Texas areas, acting quickly can help protect your future. Criminal charges can impact your freedom, job, family, and reputation. Mark Diaz & Associates helps people facing misdemeanor and felony charges in Galveston and the Houston area.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen anytime. You will not be passed to a junior lawyer or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.

Call our [Houston criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). Talk about your defense options with an experienced criminal defense lawyer serving Galveston and Houston, Texas.

**Categories:** Criminal Defense Lawyer

---

### [Texas Red Flag Laws And Firearm Restrictions](https://texascriminaljustice.com/texas-red-flag-laws-and-firearm-restrictions/)

**Published:** June 2, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Texas Red Flag Laws And Firearm Restrictions](https://texascriminaljustice.com/wp-content/uploads/2026/06/Texas-Red-Flag-Laws-And-Firearm-Restrictions.png "Texas Red Flag Laws And Firearm Restrictions")Firearm rights matter to many Texans. Both the U.S. and Texas Constitutions protect the right to keep and bear arms, but there are limits under federal and state law. Lately, more people are talking about “red flag laws,” which has left many gun owners wondering how these laws work and if they apply in [Galveston](https://www.galveston.com/). Knowing the rules about firearms is important because breaking them can lead to criminal charges, losing your gun rights, and other serious problems. If you are dealing with accusations about firearm possession or restrictions, make sure you understand how Texas law affects your situation.

## Understanding Red Flag Laws

Red flag laws, also called Extreme Risk Protection Order laws, let courts in some states temporarily take away a person’s access to firearms if there is evidence they might be a danger to themselves or others.

In many states with red flag laws, family members, people living in the same home, or police can ask a court to order someone to give up their firearms for a set period. If the court agrees, the person cannot have firearms during that time.

Texas does not have a traditional red flag law. Unlike some other states, Texas does not let courts issue orders just to remove firearms based on claims that someone might be a future risk.

Still, Texans should not think their gun rights are unlimited. There are several Texas laws and court orders that can affect whether someone can legally have firearms.

### Firearm Rights Under Texas Law

Texas has a long history of protecting the right to own firearms. Article I, Section 23 of the Texas Constitution states that every citizen shall have the right to keep and bear arms in the lawful defense of themselves or the State.

At the same time, Texas law recognizes circumstances in which firearm possession may be restricted. Certain criminal convictions, protective orders, and federal prohibitions can limit an individual’s ability to possess or purchase firearms.

Since these rules often overlap with federal law, someone might think they can legally have a firearm in Texas but still break federal law without realizing it. This can lead to serious legal trouble.

### Protective Orders And Firearm Restrictions

Although Texas does not have a traditional red flag law, protective orders can result in firearm restrictions.

Texas Family Code [§85.022](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=85) authorizes courts issuing family violence protective orders to prohibit a person from possessing a firearm.

When a protective order is entered, the court may order the respondent not to possess firearms for the duration of the order. Violating the order can result in criminal penalties.

Protective orders often come up in cases about domestic violence, threats, stalking, or harassment. Even if there are no criminal charges, a protective order can still seriously affect your right to have firearms.

Many individuals are surprised to learn that firearm restrictions may result from a civil proceeding rather than a criminal conviction.

### Federal Restrictions Affecting Texas Gun Owners

Federal law creates several firearm restrictions that apply throughout Texas.

Under [18 U.S.C. §922(g),](https://www.atf.gov/firearms/tools-services-law-enforcement/identify-prohibited-persons) certain individuals are prohibited from possessing firearms. These categories include convicted felons, unlawful users of controlled substances, certain persons subject to qualifying protective orders, and individuals convicted of misdemeanor crimes of domestic violence.

Because federal law can apply even when state law appears more permissive, firearm owners must understand both legal systems.

Federal firearm violations can result in severe penalties, including lengthy prison sentences. In some situations, individuals are charged in federal court even when the underlying conduct occurred entirely within Texas.

### Felony Convictions And Firearm Possession

One of the most common firearm restrictions involves felony convictions.

Texas Penal Code [§46.04](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=46.04) prohibits firearm possession by convicted felons under certain circumstances. Generally, a convicted felon may not possess a firearm before the fifth anniversary of release from confinement, parole, or community supervision, whichever occurs later.

Even after that period expires, Texas law generally limits possession to the person’s residence.

Federal law is often stricter. Federal law generally prohibits firearm possession by convicted felons regardless of the amount of time that has passed since conviction. As a result, a firearm that may appear lawful under a narrow reading of Texas law could still expose a person to federal prosecution.

### Domestic Violence Allegations And Firearm Rights

Domestic violence allegations often create immediate concerns regarding firearm possession.

When courts issue qualifying protective orders, federal law may prohibit firearm possession while the order remains in effect.

Additionally, misdemeanor domestic violence convictions can trigger federal firearm prohibitions under 18 U.S.C. §922(g)(9).

These restrictions frequently surprise individuals who have never been convicted of a felony and who previously possessed firearms legally. Because firearm consequences can extend far beyond the criminal case itself, it is important to evaluate every domestic violence allegation carefully.

### Mental Health Issues And Firearm Restrictions

Mental health concerns are often discussed when red flag laws are debated.

Texas law provides procedures involving mental health commitments and court findings that may affect firearm rights. Certain court-ordered mental health commitments can create federal firearm disabilities.

The specific facts matter greatly. Not every mental health diagnosis creates a firearm prohibition. However, certain adjudications, commitments, or findings may affect eligibility to possess or purchase firearms. Anyone facing mental health proceedings should understand the potential firearm consequences before decisions are made.

### Unlawful Carrying And Firearm Offenses In Texas

Texas has adopted permitless carry in many situations, but firearm laws still contain important restrictions.

Texas Penal Code §46.02 addresses unlawful carrying of weapons under certain circumstances.

Texas Penal Code §46.03 identifies locations where firearms are prohibited, including certain schools, polling places, courts, racetracks, and secure airport areas.

Texas Penal Code §46.035 addresses restrictions applicable in certain situations involving handgun carriers.

Violations of these statutes can result in misdemeanor or felony charges depending on the circumstances.

### Firearms And Criminal Investigations

Firearm possession frequently becomes an issue during criminal investigations.

Law enforcement officers often examine whether a firearm was possessed lawfully, whether the individual was prohibited from possessing it, and whether the firearm was connected to alleged criminal activity.

In some cases, prosecutors may pursue separate firearm charges in addition to the underlying criminal allegations.

Because firearm offenses often carry significant penalties, a thorough defense strategy is critical.

### Defending Against Firearm Restriction Allegations

Every firearm case requires careful examination of the facts.

We often review whether law enforcement conducted a lawful search, whether the firearm was possessed knowingly, whether the accused person actually fell within a prohibited category, and whether prosecutors can prove every required element beyond a reasonable doubt.

Many firearm cases involve constitutional issues, including Fourth Amendment search and seizure concerns. Evidence obtained through unlawful searches may be subject to challenge.

In other cases, factual disputes arise regarding ownership, possession, or knowledge of the firearm.

The outcome of a firearm case frequently depends on a detailed review of records, witness statements, police reports, and applicable statutes.

## Why Early Legal Representation Matters

Firearm cases can move quickly. Statements made during investigations may later be used as evidence. Firearms may be seized, protective orders may be sought, and prosecutors may begin building a case before formal charges are filed.

Early legal representation provides an opportunity to protect constitutional rights, evaluate the evidence, and develop a strategy tailored to the circumstances.

Whether the issue involves alleged firearm possession by a prohibited person, a protective order, a domestic violence allegation, or another firearm-related offense, obtaining legal guidance as early as possible can make a significant difference.

## FAQs About Red Flag Laws And Firearm Restrictions

### Does Texas Have A Red Flag Law?

No. Texas does not currently have a traditional red flag law like those found in some other states. A traditional red flag law allows certain individuals, such as family members or law enforcement officers, to petition a court for an order temporarily removing firearms from a person believed to present a danger to themselves or others. While Texas does not have such a law, there are other legal mechanisms that can affect firearm rights. Protective orders, family violence proceedings, certain mental health commitments, and criminal convictions can all result in restrictions on firearm possession. As a result, many Texans face firearm limitations even though the state does not have a formal red flag statute.

### Can A Protective Order Cause Me To Lose My Gun Rights?

Yes. A protective order can significantly affect firearm rights under both Texas and federal law. Texas Family Code §85.022 permits courts to prohibit firearm possession in certain protective order cases. Additionally, federal law may prohibit possession of firearms while a qualifying protective order remains in effect. Many people are surprised to learn that these restrictions can arise from a civil proceeding rather than a criminal conviction. Violating a firearm restriction contained in a protective order can lead to additional criminal charges and serious legal consequences.

### Can I Own A Firearm If I Have A Felony Conviction?

The answer depends on the circumstances, but felony convictions often create substantial firearm restrictions. Texas Penal Code §46.04 limits firearm possession by convicted felons. Generally, a convicted felon may not possess a firearm before the fifth anniversary of release from confinement, parole, or community supervision. Even after that period, Texas law typically limits possession to the person’s residence. Federal law is generally more restrictive and often prohibits firearm possession by convicted felons regardless of how much time has passed. Because state and federal laws interact in complex ways, anyone with a felony conviction should obtain legal guidance before possessing a firearm.

### Can A Misdemeanor Conviction Affect My Firearm Rights?

Yes. Although many people focus on felony convictions, certain misdemeanor offenses can also affect firearm rights. Domestic violence-related convictions are especially important. Federal law prohibits firearm possession by individuals convicted of qualifying misdemeanor crimes of domestic violence. This prohibition can apply even when the person has never been convicted of a felony. Because the consequences can be permanent in some situations, misdemeanor cases should be taken seriously from the beginning.

### What Happens If Police Find A Gun During An Investigation?

The answer depends on the facts of the case. Law enforcement officers may investigate whether the firearm was possessed legally, whether the person possessing it was prohibited from doing so, and whether the firearm was connected to any alleged criminal activity. Prosecutors may pursue separate firearm charges in addition to any other offenses being investigated. In many cases, constitutional issues arise regarding searches, seizures, and the legality of police conduct. A careful review of the circumstances surrounding the discovery of the firearm is often necessary.

### Can Firearm Charges Be Filed Even If The Gun Was Never Used?

Yes. Many firearm offenses involve simple possession rather than use. Prosecutors do not necessarily need to prove that a firearm was fired, displayed, or used during another crime. In some situations, merely possessing a firearm while belonging to a prohibited category can result in criminal charges. The focus is often on whether possession itself violated state or federal law.

### Can Mental Health Proceedings Affect Gun Ownership?

They can. Certain court-ordered mental health commitments and legal findings may affect firearm rights under federal law. However, not every mental health diagnosis creates a firearm restriction. The specific facts, court orders, and legal proceedings involved are important. Individuals involved in mental health proceedings should understand that decisions made during those proceedings may have long-term effects on firearm ownership and possession.

### What Is Considered Possession Of A Firearm Under Texas Law?

Possession does not always mean a firearm is physically held in someone’s hand. Prosecutors may attempt to prove actual possession or constructive possession. Constructive possession generally refers to situations where a person exercises control over a firearm even if it is not physically on their person. For example, prosecutors may argue that a firearm located in a vehicle, residence, or personal property was possessed by a particular individual. These cases often involve factual disputes regarding ownership, access, and control.

### Can Someone Be Charged If A Firearm Belongs To Another Person?

Yes. Ownership and possession are different concepts. A person can potentially face charges involving possession of a firearm even if the firearm is legally owned by someone else. Prosecutors may focus on whether the accused exercised control over the firearm or had access to it. Because these cases often involve complicated factual questions, a detailed review of the evidence is necessary.

### What Locations In Texas Prohibit Firearms?

Texas law identifies several places where firearms may not be lawfully carried. Texas Penal Code §46.03 includes restrictions involving locations such as schools, polling places during voting, courts, racetracks, and secure areas of airports. Additional restrictions may apply in other circumstances. Violating these laws can result in criminal charges, even when the individual legally owns the firearm.

### Can Federal Authorities Prosecute Firearm Cases In Texas?

Yes. Many firearm offenses are prosecuted in federal court. Federal prosecutors frequently pursue cases involving possession by prohibited persons, firearms connected to drug offenses, interstate firearm activity, and other federal violations. Federal cases often carry severe penalties and are governed by different procedures than state criminal prosecutions. In some situations, a person may face federal prosecution even when no state charges are filed.

### What Should I Do If My Firearms Have Been Seized?

If law enforcement has seized your firearms, it is important to act carefully and avoid making statements without legal advice. The circumstances of the seizure, the reason for the investigation, and the status of any criminal or civil proceedings will affect your options. Some cases involve challenges to the seizure itself, while others focus on obtaining the return of property once legal issues are resolved. Prompt legal representation can help preserve your rights and evaluate available remedies.

### Can A Firearm Restriction Be Challenged In Court?

In some situations, yes. Depending on the facts, individuals may have grounds to challenge a protective order, a criminal allegation, a search and seizure, or another legal action affecting firearm rights. Constitutional issues may arise under both the United States Constitution and the Texas Constitution. The availability of a challenge depends on the specific circumstances and procedural posture of the case.

### Why Is It Important To Hire A Criminal Defense Lawyer For A Firearm Case?

Firearm cases often involve a combination of state law, federal law, constitutional issues, and factual disputes. A conviction can result in criminal penalties, loss of firearm rights, difficulties with employment, and other long-term consequences. Early legal representation can help protect constitutional rights, evaluate the evidence, challenge improper police conduct, and pursue the strongest defense available. Because firearm laws are complex and the stakes are often high, obtaining legal guidance as soon as possible is important.

## Speak With Mark Diaz & Associates About Firearm Restrictions And Criminal Charges

Questions involving red flag laws, protective orders, firearm restrictions, unlawful possession allegations, and weapons offenses can quickly become serious legal matters. Even when a person believes they are lawfully exercising their rights, misunderstandings about Texas law, federal law, or court orders can lead to criminal investigations and charges. The consequences may include jail time, fines, loss of firearm rights, and a permanent criminal record.

At Mark Diaz & Associates, we represent individuals facing firearm-related allegations throughout Galveston County and across Houston, Texas. We understand how prosecutors build these cases, and we work aggressively to protect our clients’ rights, freedom, and future. When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you have been arrested, charged, served with a protective order, or are concerned about your firearm rights, contact Mark Diaz & Associates today. We offer a free consultation to discuss your situation, rights, and options. If you are facing a firearms charge, call our [Galveston County firearm charge defense law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Gun Crime Defense Attorney

---

### [Understanding State vs Federal Charges in Texas](https://texascriminaljustice.com/state-vs-federal-charges-texas/)

**Published:** February 6, 2026
**Author:** Mark Diaz & Associates

**Content:**

## How Criminal Cases End Up in Federal Court

A case reaches federal court based on the nature of the offense and jurisdictional factors. Federal cases often involve crimes that cross state lines or use federal facilities, such as the postal service. [Drug trafficking](https://texascriminaljustice.com/federal-conspiracy-drug-charges-explained/), especially involving substances like fentanyl and methamphetamine, is a common example. These drugs frequently enter the United States from Mexico and are distributed across state lines, triggering federal jurisdiction. Other federal offenses include human smuggling, firearms violations, and fraud cases.

### Common Federal Crimes in Texas

Drug-related charges dominate federal court cases, followed by human smuggling and firearms offenses. Firearms cases can range from simple felon-in-possession charges to weapons smuggling across the southern border. Fraud-related crimes, such as false claims for hurricane assistance or federal loan programs, also appear in federal courts, though less frequently.

### Differences Between Federal and State Investigations

Federal investigations are typically more extensive and resource-intensive than state-level inquiries. The FBI, DEA, and other federal agencies use wiretaps, surveillance, drone footage, and helicopters to build a case. [Federal investigations can span years to ensure sufficient evidence for prosecution](https://texascriminaljustice.com/how-federal-prosecutors-build-criminal-cases/). State investigations are usually quicker, with less surveillance and undercover activity, although local agencies sometimes collaborate with federal task forces.

### The Federal Court Process

Once charged in federal court, defendants undergo a series of procedures different from state court. Initial steps include determining legal representation, followed by a detention hearing, typically within three days. The detention hearing assesses whether the defendant can be released on bond pending trial. Sentencing guidelines in federal court provide recommended ranges of punishment, though judges have discretion to impose sentences above or below these ranges.

### Federal Legal Strategy

Federal defense strategies differ from state court due to case complexity and the number of defendants involved. In multi-defendant cases, strategy depends on the defendant’s position within the group. Lead defendants face different risks than those lower in the chain of command. Single-defendant federal cases, such as illegal reentry after deportation or felon-in-possession charges, focus on mitigating factors, including personal circumstances, family ties, and reasons for offending.

### Client Management and Federal Surveillance

Federal defendants often underestimate the level of surveillance and investigative resources available to prosecutors. [**Mark Diaz**](/team_member/mark-diaz/) emphasizes the importance of keeping clients grounded, helping them understand the seriousness of federal prosecution while preparing for potential sentencing. Legal strategies also involve humanizing clients before the court to maximize the possibility of leniency.

### Key Differences Between Federal and State Sentencing

One of the most significant differences between state and federal cases is sentencing. Federal convictions have no parole, requiring defendants to serve 85% of their sentence. In contrast, state prisoners may be eligible for parole after serving a fraction of their sentence. Federal sentencing also includes statutory minimums that can significantly impact long-term freedom. Understanding these differences is crucial for anyone facing federal charges.

## Contact Mark Diaz & Associates To Discuss Your Case

Facing federal charges is a more complex and high-stakes process than state prosecution. Investigations are longer and more thorough, court procedures differ, and sentencing is stricter. Mark Diaz and his team provide expert guidance for navigating both state and **[**federal criminal cases**](https://texascriminaljustice.com/federal-criminal-defense/)**, helping defendants understand their rights, the legal process, and strategies to achieve the most favorable outcomes.

Contact our Galveston criminal defense attorneys at [409-515-6170 ](tel:+14095156170)to [schedule a consultation](https://texascriminaljustice.com/landing-form/) and learn how Mark Diaz & Associates can help you defend your rights and protect your future.

When you hire Mark, you work directly with him. Clients have his personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, Mark will remain personally involved and accessible.

**Categories:** Federal Criminal Defense Lawyer

---

### [Expunction vs Record Sealing: What’s the Difference?](https://texascriminaljustice.com/expunction-vs-record-sealing-whats-the-difference/)

**Published:** May 30, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Expunction vs Record Sealing](https://texascriminaljustice.com/wp-content/uploads/2026/05/Expunction-vs-Record-Sealing.png "Expunction vs Record Sealing")An arrest record can stay with you long after your case is over. Many people in [Galveston](https://en.wikipedia.org/wiki/Galveston,_Texas) are surprised to find that even dismissed charges, arrests without convictions, and some deferred adjudications still show up on background checks. Employers, landlords, licensing boards, and schools often look at criminal history before making decisions. One mistake or false accusation can cause problems for years. Texas law offers some ways to clear your record, but the rules for expunction and record sealing are complex, and these two options are quite different.

Many people use the terms “expunction” and “record sealing” interchangeably, but they are [not the same under Texas law](https://guides.sll.texas.gov/expunctions-and-non-disclosure). Each option has separate eligibility requirements, waiting periods, and legal effects. Some cases qualify for one form of relief but not the other. Other cases may not qualify at all. Understanding these differences is important because filing the wrong petition or misunderstanding the law can waste time and money while leaving damaging records publicly available.

## Understanding Expunction Under Texas Law

An [expunction](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=55A) is the strongest form of criminal record relief available in Texas. When an expunction is granted, records connected to the arrest or criminal case are destroyed or removed from public access. Under Texas law, a person who receives an expunction can generally deny that the arrest or prosecution ever occurred, except in limited situations involving sworn testimony or certain government applications.

Texas expunction law is primarily governed by [Article 55.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A) of the Texas Code of Criminal Procedure. This statute outlines when a person may qualify to erase criminal records connected to an arrest, detention, charge, or prosecution.

Expunction eligibility often applies in situations involving wrongful arrests, dismissed charges, acquittals, or cases that never resulted in formal charges. Many people assume that a dismissed case automatically disappears from their record, but that is not true. Without court action, the arrest may still remain visible to employers and background check companies.

Texas courts interpret expunction statutes strictly. This means the person requesting relief must satisfy every legal requirement before the court can approve the petition.

## When A Person May Qualify For Expunction

Several situations may allow a person to seek expunction relief under Article 55.01 of the Texas Code of Criminal Procedure.

A person who was acquitted at trial may qualify for expunction. This includes acquittals by jury verdict or appellate reversal followed by dismissal.

Certain dismissed cases may also qualify if the applicable waiting period has passed and the dismissal did not result from community supervision for most offenses. Texas law generally excludes regular probation from expunction eligibility unless the offense involved a Class C misdemeanor.

A person who was arrested but never formally charged may also qualify after the required waiting period expires. The waiting period depends on the severity of the alleged offense.

Some individuals who were victims of identity theft or wrongful arrest may also qualify for expunction under Texas law.

The statute also permits expunction in some situations involving pardons or actual innocence findings.

Each case must be carefully reviewed because even small factual differences can affect eligibility.

## What Happens After An Expunction Is Granted

When a Texas court grants an expunction, agencies that possess records related to the arrest or prosecution are ordered to destroy or return those records. This may include records maintained by police departments, county clerks, jails, prosecutors, and state agencies.

Private background check companies may also be required to remove the information once notified.

For many people, expunction offers meaningful relief because it limits public access to damaging criminal history information that can affect employment and housing opportunities.

However, expunction does not always happen immediately. Agencies must comply with the court order, and the process can take several months depending on the number of entities involved.

## Understanding Record Sealing In Texas

Record sealing in Texas is commonly known as an Order of Nondisclosure. Unlike an expunction, record sealing does not destroy criminal records. Instead, it limits who can view them.

Texas Government Code Chapter 411 governs nondisclosure eligibility and procedures. When a court grants nondisclosure, the records are removed from public access, but certain government agencies and licensing authorities may still view them.

This distinction is important because a sealed record is not completely erased.

For many individuals, however, record sealing still provides significant benefits because most private employers, landlords, and members of the public cannot access the sealed information during routine background searches.

## Deferred Adjudication And Record Sealing

Many nondisclosure cases involve deferred adjudication community supervision. Deferred adjudication is a form of probation where the judge postpones a finding of guilt while the defendant completes court-ordered conditions.

After successful completion, the case may become eligible for nondisclosure depending on the offense.

Texas Government Code §411.072 addresses many misdemeanor nondisclosure situations, while other sections apply to felony deferred adjudication cases.

Some offenses are excluded from eligibility for nondisclosure even if deferred adjudication was successfully completed. Examples can include certain violent crimes, family violence offenses, and offenses requiring sex offender registration.

Because eligibility rules frequently change through legislative amendments, current legal analysis is important before filing a petition.

## The Main Difference Between Expunction And Record Sealing

The most important difference is that expunction destroys records while nondisclosure limits public access to them.

An expunction generally allows a person to deny that the arrest occurred. Record sealing does not completely erase the existence of the case because government agencies may still access the information.

Expunctions are often available when charges were dismissed, rejected, or resulted in an acquittal. Nondisclosure more commonly applies to deferred adjudication cases and certain completed sentences.

Another major difference involves eligibility restrictions. Some people who cannot obtain expunction may still qualify for nondisclosure.

Choosing the correct legal strategy requires careful review of court records, criminal history, and Texas statutory requirements.

## Waiting Periods Under Texas Law

Texas law imposes waiting periods before some expunction and nondisclosure petitions may be filed.

For expunctions involving arrests without charges, Article 55.01 establishes different waiting periods depending on the offense level.

Class C misdemeanor arrests may require a 180-day waiting period. Class A or B misdemeanor arrests may require a one-year waiting period. Felony arrests may require waiting three years if no indictment was presented.

Nondisclosure waiting periods vary widely depending on the offense and the type of sentence imposed.

Certain misdemeanor deferred adjudication cases may qualify immediately after discharge and dismissal. Other offenses require waiting periods of 2 to 5 years.

Some felony nondisclosures require longer waiting periods following completion of supervision.

Filing too early can result in the denial of the petition.

## Why Criminal Record Relief Matters

Even an old arrest can create major obstacles in daily life. Many employers conduct extensive background investigations before hiring. Apartment complexes often deny applications based on criminal records alone. Professional licenses may also be affected.

We regularly speak with people who believed their dismissed case disappeared years ago, only to discover it still appears during background screenings.

Record relief can improve opportunities involving:

- Employment applications
- Professional licensing
- Housing applications
- Educational opportunities
- Personal reputation

For many people, removing or sealing a criminal record represents an important step toward rebuilding stability.

## Common Mistakes People Make With Expunctions And Nondisclosures

One common mistake is assuming eligibility without reviewing the statute carefully. Texas record-clearing laws contain technical requirements that vary depending on the offense and procedural history.

Another problem occurs when individuals rely on inaccurate online information or generic forms that do not address their specific circumstances.

We also see people misunderstand deferred adjudication. Some believe successful completion automatically clears the record, but court action is still required.

Mistakes involving filing deadlines, waiting periods, or omitted agencies can delay relief or lead to denial.

Because expunctions and nondisclosures involve detailed statutory procedures, proper preparation matters.

## How Texas Courts Evaluate These Petitions

Texas courts review criminal record relief petitions carefully because expunction and nondisclosure orders affect multiple agencies and legal interests.

The petition must accurately identify all relevant agencies possessing records. Prosecutors may object if they believe statutory requirements have not been met.

Judges review whether the petitioner satisfies every condition under the applicable statute.

If granted, the court issues an order directing agencies on how to handle the records.

The process may appear straightforward, but procedural errors can create unnecessary delays or denials.

## Why Legal Representation Matters In Record Clearing Cases

Although some people attempt to handle expunctions or nondisclosures without counsel, mistakes can create long-term problems.

Proper legal review often includes analyzing the final disposition of the case, prior criminal history, waiting period calculations, eligibility restrictions, and required court filings.

Even cases that initially appear ineligible may qualify under certain provisions of Texas law.

A careful review can help determine the best available option while avoiding unnecessary filings that may be denied.

## Frequently Asked Questions About Expunctions And Record Sealing In Texas

### What Is The Difference Between Expunction And Nondisclosure In Texas?

An expunction destroys or removes records related to an arrest or criminal case. A nondisclosure order seals the records from public view but does not destroy them. Government agencies may still access sealed records in some situations. Expunction generally offers broader protection because the person may often legally deny that the arrest occurred.

### Can A Dismissed Case Be Expunged In Texas?

Possibly. Many dismissed cases qualify for expunction under Article 55.01 of the Texas Code of Criminal Procedure, but eligibility depends on several factors. The court will consider whether charges were filed, whether the statute of limitations expired, and whether the person received community supervision. Some dismissed cases do not qualify if probation was involved.

### Does Deferred Adjudication Automatically Seal My Record?

No. Successful completion of deferred adjudication does not automatically remove or seal the record. A separate petition for nondisclosure must usually be filed with the court. The judge must approve the request before the record becomes sealed from public access.

### How Long Does An Expunction Take In Texas?

Most expunction cases take several months from filing to completion. The timeline depends on the court schedule, whether prosecutors object, and how many agencies must comply with the order. Some cases move faster than others, but the process rarely happens immediately.

### Can Employers See A Sealed Record?

Most private employers cannot access records covered by a nondisclosure order during ordinary background checks. However, some government agencies, licensing boards, and law enforcement entities may still access the records under Texas Government Code Chapter 411.

### Can A Felony Be Expunged In Texas?

Some felony arrests may qualify for expunction if the case was dismissed, resulted in an acquittal, or otherwise satisfies Article 55.01 requirements. However, felony convictions generally do not qualify for expunction unless the conviction was later pardoned or overturned based on actual innocence.

### Will An Expunction Remove My Mugshot Online?

An expunction order may help remove records from official government databases, but private websites sometimes continue displaying information unless additional action is taken. Some websites comply voluntarily after receiving notice of the expunction order. Others may require separate legal action.

### Can I Seal A DWI In Texas?

Certain first-time misdemeanor DWI cases may qualify for nondisclosure under Texas Government Code §411.0731 if specific conditions are met. Eligibility often depends on factors such as blood alcohol concentration, sentence completion, and whether an accident involving another person occurred.

### What Happens If My Petition Is Denied?

If a petition is denied, the court usually explains the reason. Sometimes the issue involves a waiting period or a missing eligibility requirement. In other situations, procedural mistakes may be corrected and refiled later. Denial does not always mean relief is permanently unavailable.

### Can Juvenile Records Be Sealed In Texas?

Texas law provides separate procedures for juvenile record sealing. Juvenile cases follow different rules from adult criminal cases. Eligibility depends on the offense, age, and case outcome. Some juvenile records may become automatically restricted under certain circumstances.

### Is There A Waiting Period For Record Sealing?

Yes. Waiting periods vary depending on the offense and case outcome. Some misdemeanor deferred-adjudication cases qualify immediately upon discharge. Other cases require waiting periods ranging from two to five years or longer. Felony nondisclosures often involve longer waiting periods.

### Does Expunction Remove Records From The FBI Database?

An expunction order may require state agencies to request removal from federal databases, but compliance can vary depending on the agency involved. While expunction significantly limits record visibility, some government entities may still retain historical information under certain circumstances.

### Can I Apply For Professional Licenses After Record Sealing?

Many people pursue nondisclosure specifically to improve licensing and employment opportunities. However, some licensing agencies may still access sealed records under Texas Government Code Chapter 411. The impact depends on the profession and the specific licensing authority involved.

### Can I File For Expunction Without A Lawyer?

Texas law allows self-representation, but expunction and nondisclosure procedures are technical. Errors involving eligibility, agency identification, waiting periods, or statutory interpretation can result in denial. Legal review can help avoid mistakes that delay relief.

## Speak With Mark Diaz & Associates About Clearing Your Criminal Record

A criminal record can affect your future long after your case is over. Whether you want an expunction or record sealing in Texas, the process takes careful legal review and the right court filings. Mark Diaz & Associates helps clients in Galveston and Houston protect their future and clear eligible records.

When you hire me, you work with me directly. My clients get my personal cell phone number, because questions and emergencies can come up anytime. You won’t be passed to a junior associate or lost in a busy system. From start to finish, I stay personally involved and available.

Call our [Galveston County expunction attorney](https://texascriminaljustice.com/expungements/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston and throughout the city of Houston, Texas.

**Categories:** Expungement

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### [Who Qualifies for Non-Disclosure in Texas?](https://texascriminaljustice.com/who-qualifies-for-non-disclosure-in-texas/)

**Published:** May 29, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Who Qualifies for Non-Disclosure in Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Who-Qualifies-for-Non-Disclosure-in-Texas.png "Who Qualifies for Non-Disclosure in Texas")A criminal record can follow a person for years after a case is over. Even when someone completes probation, pays fines, and moves forward with life, the arrest or conviction may still appear during background checks. Employers, landlords, licensing boards, and schools often review criminal history records before making decisions. Many people are surprised to learn that successfully completing a case does not automatically clear their record in [Galveston](https://www.visitgalveston.com/). In some situations, Texas law allows individuals to seek an Order of Non-Disclosure, which can prevent certain criminal records from being visible to the public. Whether a person qualifies depends on the offense, the outcome of the case, criminal history, waiting periods, and several other legal requirements under Texas law.

## What An Order Of Non-Disclosure Does In Texas

An Order of Non-Disclosure is a court order that limits public access to certain criminal records. When a non-disclosure order is granted, agencies and courts are prohibited from disclosing the covered criminal history information to most private entities. This process is governed primarily by Texas Government Code [Chapter 411, Subchapter E-1](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm).

A non-disclosure order does not completely erase a criminal record like an expunction. Certain government agencies and licensing entities may still access the information. However, for many people, obtaining a non-disclosure can significantly improve employment, housing, and educational opportunities.

Texas Government Code [§411.071](https://statutes.capitol.texas.gov/docs/GV/htm/GV.411.htm) explains that a person who receives an order of non-disclosure is generally allowed to deny the occurrence of the criminal case in many private settings. That protection can make a major difference when applying for jobs or housing.

### The Difference Between Expunction And Non-Disclosure

Many people confuse expunctions and non-disclosures, but they are very different remedies under Texas law.

An expunction removes qualifying records from public access and allows agencies to destroy or return records in many cases. Expunction eligibility is governed by Texas Code of Criminal Procedure [Chapter 55](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A).

A non-disclosure does not destroy records. Instead, it seals qualifying records from public view while still allowing limited government access.

Generally, expunctions are available in situations such as:

- Cases dismissed without conviction
- Certain acquittals
- Some qualifying arrests with no charges filed

Non-disclosures usually apply when a person successfully completes deferred adjudication or, in some cases, completes certain convictions and sentences.

Because the laws are technical, reviewing the exact case outcome is critical before filing.

### Who May Qualify For Non-Disclosure After Deferred Adjudication

Many non-disclosure cases involve deferred adjudication probation. Under Texas Government Code [§411.072](https://statutes.capitol.texas.gov/docs/GV/htm/GV.411.htm), some individuals who successfully complete deferred adjudication community supervision may petition for non-disclosure.

Deferred adjudication means the court places the defendant on probation without entering a formal conviction. If probation is successfully completed, the case may later qualify for sealing.

However, not every deferred adjudication case qualifies. Texas law excludes several categories of offenses.

Crimes that commonly prevent eligibility include family violence offenses, murder and capital murder, human trafficking offenses, violations requiring sex offender registration, injury to a child, elderly person, or disabled person, and, in certain kidnapping offenses.

The court also reviews whether the petitioner completed all conditions of supervision and whether the required waiting period has passed.

### Waiting Periods For Non-Disclosure In Texas

Texas law imposes different waiting periods depending on the offense and type of supervision.

Under Texas Government Code §411.0725, some misdemeanor deferred adjudication cases may qualify immediately after discharge and dismissal. Others require waiting periods ranging from two years to five years.

Felony deferred adjudication cases usually require a five-year waiting period after completion of supervision and dismissal of the case.

The waiting period is important because filing too early may result in denial. Courts strictly enforce statutory timing requirements.

### Non-Disclosure After A DWI Conviction

Texas law has expanded eligibility for certain first-time DWI convictions. Under Texas Government Code §411.0731, some individuals convicted of first-offense DWI may seek non-disclosure if they satisfy specific conditions.

Eligibility often depends on factors such as whether the offense involved an accident, whether the blood alcohol concentration exceeded statutory limits, whether ignition interlock requirements were completed, and whether all sentencing requirements were satisfied.

The statute excludes many cases involving more serious circumstances.

A person with a blood alcohol concentration of 0.15 or higher under Texas Penal Code §49.04(d) may face additional restrictions and waiting periods.

### Non-Disclosure For Certain Misdemeanor Convictions

Texas Government Code §411.073 allows some individuals convicted of misdemeanor offenses to petition for non-disclosure after successfully completing a sentence.

The court may consider whether all fines and court costs were paid, whether probation was completed successfully, whether the petitioner committed new offenses during the waiting period, and whether granting relief serves the interests of justice.

Courts often review the person’s conduct after the case ended. Stable employment, family responsibilities, and compliance with court requirements may help support the request.

### Crimes That Cannot Be Sealed Through Non-Disclosure

Texas law excludes many offenses from eligibility. Some people assume every completed case can eventually be sealed, but that is not correct.

Offenses commonly excluded include crimes involving family violence findings, sex offender registration requirements, murder, aggravated kidnapping, injury to vulnerable victims, and stalking.

Texas Government Code §411.074 specifically outlines several disqualifying categories.

In addition, individuals with certain prior criminal histories may be barred from relief even if the underlying offense would otherwise qualify.

### Why Non-Disclosure Matters For Employment

Background checks affect many areas of life. Employers in Galveston, Houston, and throughout Texas routinely screen applicants before hiring.

A visible criminal record may affect job opportunities, professional licenses, apartment applications, college admissions, and financial opportunities.

A non-disclosure order can prevent many private employers from seeing the record during ordinary background searches.

This protection often helps people move forward after a difficult period in life.

### How Courts Decide Non-Disclosure Petitions

Filing a petition does not guarantee approval. Courts evaluate statutory eligibility and whether granting relief serves justice.

The process typically includes:

- Reviewing criminal history records
- Examining court records
- Confirming completion of sentencing terms
- Evaluating waiting periods
- Considering objections from prosecutors

Some petitions proceed without hearings, while others require formal court appearances.

Errors in filing paperwork or misunderstanding eligibility rules can delay or jeopardize the request.

### Why Legal Representation Matters In Non-Disclosure Cases

Although non-disclosure proceedings are civil in nature, the legal standards can be complicated. Small mistakes may result in denial.

We carefully review the offense classification, deferred adjudication records, waiting period calculations, eligibility exclusions, and prior criminal history.

A detailed legal analysis is often necessary before filing.

For many clients, obtaining a non-disclosure represents an opportunity to move forward with greater confidence and privacy.

## Non-Disclosure Can Open New Opportunities

Many people spend years rebuilding their lives after an arrest or criminal case. A non-disclosure order cannot erase the past entirely, but it can help reduce the long-term impact of a criminal record.

For people trying to obtain better employment, housing, or professional opportunities, sealing eligible records may provide meaningful relief under Texas law.

Understanding whether you qualify requires a close review of your criminal history and case outcome.

## Frequently Asked Questions About Non-Disclosure In Texas

### What Is A Non-Disclosure Order In Texas?

A non-disclosure order is a court order that seals certain criminal records from public view. It prevents many private employers, landlords, and members of the public from accessing the covered information during standard background checks. The process is governed by Texas Government Code Chapter 411. While government agencies and some licensing authorities may still access the records, a successful non-disclosure can provide substantial privacy protections for eligible individuals.

### Does A Non-Disclosure Completely Erase My Criminal Record?

No. A non-disclosure is different from an expunction. An expunction may result in records being destroyed or removed entirely under Texas law. A non-disclosure seals the records from public disclosure but does not erase them. Certain agencies, courts, and licensing entities may still view the information in limited circumstances.

### Can I Get A Non-Disclosure If My Case Was Dismissed?

Possibly, but dismissed cases are often better candidates for expunction rather than non-disclosure. If your case was dismissed and meets the requirements under Texas Code of Criminal Procedure Chapter 55, you may qualify to completely remove the record through expunction. If expunction is unavailable, a non-disclosure may still be considered in some situations depending on how the case was resolved.

### How Long Do I Have To Wait Before Filing For Non-Disclosure?

The waiting period depends on the offense and type of case disposition. Some misdemeanor deferred adjudication cases qualify immediately after discharge and dismissal. Others require waiting periods of two years or more. Felony deferred adjudication cases generally require a five-year waiting period. DWI non-disclosure cases may involve different waiting periods under Texas Government Code §411.0731.

### Can Family Violence Charges Be Sealed?

Texas law generally prohibits non-disclosure for offenses involving family violence findings. Even deferred adjudication cases involving family violence are commonly excluded from eligibility. Courts review the case records carefully to determine whether a family violence finding exists.

### Can I Get A Non-Disclosure For A Felony?

Some felony deferred adjudication cases may qualify for non-disclosure if all statutory requirements are met. However, many felony offenses are excluded by law. Serious crimes involving violence, sex offenses, or vulnerable victims often cannot be sealed. Eligibility depends on the specific charge, final disposition, criminal history, and waiting period requirements.

### Will Employers Still See My Record After Non-Disclosure?

Most private employers conducting ordinary background checks should not see records covered by a non-disclosure order. However, certain government employers, law enforcement agencies, schools, healthcare licensing boards, and other regulated entities may still access the records under Texas law.

### Can A DWI Be Sealed In Texas?

Some first-time DWI convictions may qualify for non-disclosure under Texas Government Code §411.0731. Eligibility depends on several factors, including the absence of accidents involving another person, completion of sentencing requirements, and compliance with waiting periods. Repeat DWI convictions generally do not qualify.

### What Happens If I File The Petition Incorrectly?

Errors in filing can delay the process or result in denial. Courts require proper petitions, accurate case information, and compliance with statutory procedures. Incorrect waiting period calculations, incomplete criminal history information, or filing in the wrong court can create problems. Careful legal review before filing is important.

### Does A Non-Disclosure Restore Gun Rights?

A non-disclosure order does not automatically restore firearm rights. Firearm restrictions are controlled by both Texas law and federal law. Eligibility to possess firearms depends on the underlying offense, whether the case involved a felony conviction, and other legal considerations.

### Can Juvenile Records Be Sealed?

Texas law provides separate procedures for juvenile record sealing. Juvenile matters are governed by different statutes and eligibility standards than adult criminal cases. Some juvenile records may become eligible for sealing automatically, while others require formal petitions.

### How Long Does The Non-Disclosure Process Take?

The timeline varies by county and court workload. Some cases may resolve within a few months, while others take longer if hearings or objections occur. Courts in Galveston County and Houston-area jurisdictions may have different scheduling practices that affect processing time.

### Will A Non-Disclosure Help Me Get A Better Job?

For many people, yes. Criminal records often create barriers during hiring. A non-disclosure order may prevent many private employers from seeing the sealed record, which can improve employment opportunities. While results vary, sealing an eligible record can help reduce obstacles during the application process.

### Can I Apply For Non-Disclosure Without A Lawyer?

Texas law allows self-representation, but non-disclosure eligibility rules are technical. Filing errors, misunderstandings about waiting periods, or confusion about qualifying offenses can result in denial. Reviewing the case carefully before filing is important to avoid unnecessary delays or mistakes.

## Speak With Mark Diaz & Associates About Non-Disclosure In Texas

If you want to find out whether your criminal record may qualify for non-disclosure in Texas, Mark Diaz & Associates can review your case and explain your legal options. We represent clients in Galveston and throughout the Houston area who are seeking to protect their future after criminal charges.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston non-disclosure attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We help clients throughout Galveston and across the city of Houston, Texas.

**Categories:** Expungement

---

### [Occupational Driver’s License After Suspension](https://texascriminaljustice.com/occupational-drivers-license-after-suspension/)

**Published:** May 28, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Occupational Driver License After Suspension](https://texascriminaljustice.com/wp-content/uploads/2026/05/Occupational-Driver-License-After-Suspension.png "Occupational Driver License After Suspension")Losing your driver’s license in Texas can disrupt almost every part of your daily routine. In Galveston and the Houston area, most people need to drive to work, take kids to school, go to medical appointments, and handle family needs. Suspensions can result from a DWI arrest, some criminal convictions, unpaid fines, or repeated traffic tickets. When this happens, many drivers worry about how they’ll keep supporting themselves and their families. An occupational driver’s license can offer a legal way to drive for essential needs while your suspension is active.

## Understanding Occupational Driver’s Licenses In Texas

An occupational driver’s license is a restricted license issued by a Texas court that allows a person with a suspended license to operate a motor vehicle for essential needs. Texas Transportation Code [§521.242](https://codes.findlaw.com/tx/transportation-code/transp-sect-521-242/) authorizes courts to grant occupational licenses under qualifying circumstances.

An occupational license does not give back your full driving privileges. Instead, it lets you drive for certain reasons, like getting to work, school, medical appointments, or handling household tasks. The court can also set limits on when, where, and why you can drive.

Many people are surprised to find out they might still qualify for an occupational license after a DWI suspension. Whether you can get one depends on why your license was suspended, your past record, and if any waiting periods apply.

### Common Reasons For License Suspension In Texas

Several different situations can trigger a driver’s license suspension under Texas law. One of the most common involves DWI-related allegations.

Texas Transportation Code [§524.011](https://statutes.capitol.texas.gov/docs/TN/htm/TN.524.htm) addresses Administrative License Revocation proceedings that occur after a driver either fails or refuses a breath or blood test. A person may also face suspension following a criminal conviction for an intoxicated-driving offense.

Other suspension causes may include:

- Failure to maintain auto insurance under Texas Transportation Code §601.371
- Accumulation of traffic violations
- Driving without a valid license
- Drug-related convictions
- Failure to pay child support obligations
- Medical-related driving restrictions

Each suspension type may involve different rules concerning occupational license eligibility.

### Who Can Qualify For An Occupational Driver’s License

Texas law permits many suspended drivers to petition for occupational driving privileges. However, qualification is not automatic.

Under Texas Transportation Code [§521.242](https://codes.findlaw.com/tx/transportation-code/transp-sect-521-242/), the applicant generally must demonstrate an essential need to drive. Courts commonly consider work responsibilities, school attendance, and necessary household duties when evaluating requests.

There are some restrictions. Some drivers have to wait before they can apply, especially if their suspension was for alcohol and they have past offenses. Courts also look at your driving record, criminal history, and current situation.

The court ultimately has discretion to grant the request.

### How The Occupational License Process Works

To get an occupational driver’s license, you usually need to file a request with the right Texas court. This could be a county, district, or justice court, depending on your situation.

The process often includes reviewing the driving record, notice of suspension, proof of insurance, employment information, court documents related to the suspension, and a proposed order outlining the requested driving privileges.

If the judge says yes, the court signs an order that gives you limited driving privileges. You then send the required paperwork to the Texas Department of Public Safety.

The process can become more complicated when multiple suspensions exist or when the underlying offense involves DWI allegations.

### Occupational Licenses After DWI Arrests

DWI arrests often result in license suspensions in Texas. Even before a criminal case concludes, a driver may face suspension through the Administrative License Revocation process.

Texas Transportation Code §724.035 addresses suspensions resulting from refusal to take a chemical test. Texas Transportation Code §524.022 governs suspensions for failing a chemical test.

Many drivers can still get occupational driving privileges during these suspension periods. But sometimes you have to wait, especially if you have past alcohol-related issues or have had an occupational license before.

Judges often impose conditions in DWI-related occupational license cases. These conditions may include ignition interlock device requirements, restricted driving hours, or proof of participation in an alcohol education program.

### Ignition Interlock Device Requirements

An ignition interlock device is a breath-testing system connected to a vehicle’s ignition system. Before the vehicle starts, the driver must provide a breath sample.

Texas Transportation Code §521.246 allows courts to require ignition interlock devices as a condition of occupational driving privileges. In many DWI-related cases, courts view interlock devices as an important safeguard.

The device may also require rolling retests while driving. Violations or failed tests can create additional legal problems and may jeopardize occupational license privileges.

Understanding these requirements before filing is important because the costs and compliance obligations can be significant.

### Driving Outside Occupational License Restrictions

An occupational driver’s license carries strict limitations. Courts may restrict the hours a person may drive, the geographic area of travel, the purposes for which driving is permitted, and the specific vehicles authorized for operation.

Driving outside these restrictions can lead to serious consequences. A person who violates the order may face additional criminal charges, revocation of occupational driving privileges, or further license suspensions.

Courts take compliance seriously, especially in DWI-related matters.

### Occupational Licenses And Commercial Drivers

Commercial driver’s license holders face additional complications under Texas and federal law. Many CDL holders discover that occupational licenses do not restore commercial driving privileges.

Federal regulations governing commercial motor vehicle operators impose strict standards after alcohol-related offenses. Even when a court grants occupational driving privileges for personal driving, the CDL itself may remain disqualified.

This distinction is extremely important for truck drivers, delivery drivers, and other workers whose livelihoods depend on commercial driving privileges.

### Why Timing Matters After A Suspension

Many people wait too long before seeking help after receiving a suspension notice. Delay can create avoidable problems.

Without lawful driving privileges, a person may lose employment opportunities, miss court appearances, or face additional charges for driving while suspended.

Early legal guidance can often simplify the process and avoid mistakes that create further delays.

### Criminal Consequences For Driving While Suspended

Some drivers continue driving after a suspension because they feel they have no other option. Unfortunately, this decision can create far more serious legal trouble.

Texas Transportation Code §521.457 makes driving while a license is invalid a criminal offense in many situations. Penalties can increase when the suspension relates to DWI allegations or prior convictions.

A new criminal charge may result in additional fines, extended suspension periods, possible jail exposure, increased insurance costs, and further complications in pending criminal cases.

An occupational license may provide a lawful alternative that protects both driving privileges and criminal defense interests.

### Court Hearings For Occupational Licenses

Not every occupational license petition requires a contested hearing, but hearings are common in some Texas courts.

During the hearing, the judge may ask questions about employment responsibilities, medical needs, prior driving history, prior DWI convictions, reasons for suspension, and the need for transportation.

The court also reviews whether public safety concerns exist. Strong preparation matters because judges have broad discretion when evaluating these requests.

## Why Legal Representation Matters In Occupational License Cases

Occupational license cases may appear simple at first glance, but mistakes can create major delays or denials. Problems often arise when incorrect paperwork is filed, the wrong courts are used, multiple suspensions exist, waiting periods are overlooked, prior DWI history complicates eligibility, and insurance documentation is incomplete.

A careful review of the suspension history and court requirements can help avoid unnecessary setbacks.

## Texas Occupational Driver’s License FAQs

### How Long Does An Occupational Driver’s License Last?

The length of an occupational license depends on the court order and the underlying suspension period. Some occupational licenses remain valid for several months, while others may continue for longer periods depending on eligibility and court approval. The court may also require periodic compliance reviews. Drivers must continue meeting all conditions imposed by the judge and the Texas Department of Public Safety throughout the license period.

### Can I Get An Occupational License After A DWI Arrest?

Many people arrested for DWI can still qualify for occupational driving privileges. Texas law allows courts to grant occupational licenses in many DWI-related suspension cases. However, prior DWI convictions, prior occupational licenses, and chemical test refusals can affect eligibility and waiting periods. Each case should be evaluated individually because the rules vary depending on the facts and driving history involved.

### How Long Does It Take To Get An Occupational License In Texas?

The timeline varies depending on the court and the complexity of the case. Some occupational licenses can be approved relatively quickly once all paperwork is properly prepared. Other cases take longer if hearings are required or if multiple suspensions exist. Delays often happen when paperwork is incomplete or incorrect. Proper preparation helps reduce unnecessary waiting time.

### Can I Drive Anywhere With An Occupational License?

No. Occupational licenses usually contain restrictions imposed by the court. The order may limit driving to work, school, medical appointments, or household duties. Courts may also restrict the hours or geographic areas where driving is permitted. Violating those restrictions can create additional legal trouble and may result in the revocation of the occupational license.

### What Happens If I Drive Without A Valid License After Suspension?

Driving while suspended can result in criminal charges under Texas Transportation Code §521.457. Penalties may include fines, possible jail time, and extended suspension periods. If the suspension relates to a DWI matter, the consequences can become more serious. Obtaining lawful occupational driving privileges is usually a safer option than risking additional criminal allegations.

### Do I Need SR-22 Insurance To Get An Occupational License?

Many occupational license applicants must file proof of financial responsibility with the Texas Department of Public Safety. This often involves obtaining an SR-22 insurance certificate. The requirement depends on the reason for the suspension and the driver’s record. Failure to maintain required insurance can result in additional suspensions or cancellation of occupational driving privileges.

### Can I Get An Occupational License If I Refused A Breath Test?

Possibly. Many drivers who refused chemical testing after a DWI arrest may still seek occupational driving privileges. However, refusal-related suspensions under Texas Transportation Code §724.035 may involve waiting periods or additional restrictions. Prior alcohol-related contacts can also affect eligibility. A detailed review of the suspension history is important before filing.

### Will An Occupational License Remove My Criminal Charges?

No. An occupational license only allows limited driving privileges during a suspension period. It does not dismiss or resolve the underlying criminal case. If the suspension relates to DWI allegations or another criminal offense, those charges continue separately through the court process.

### Can Commercial Drivers Get Occupational Licenses?

Commercial drivers face additional complications. While some drivers may receive limited occupational driving privileges for personal use, federal regulations often prevent restoration of commercial driving privileges during disqualification periods. CDL holders should carefully review how a suspension may affect their employment and commercial driving status.

### What Should I Bring To An Occupational License Consultation?

It is helpful to bring all documents related to the suspension, including notices from the Texas Department of Public Safety, court paperwork, prior DWI records if applicable, proof of insurance, and information regarding employment or school obligations. These records help determine eligibility and identify any potential complications before filing.

## Speak With Mark Diaz & Associates About Occupational Driver’s Licenses

A suspended license can create stress, uncertainty, and financial pressure. Whether your suspension involves a DWI arrest, refusal allegation, or another issue under Texas law, obtaining an occupational driver’s license may help you continue working and caring for your family while your case moves forward.

Mark Diaz & Associates helps people in Galveston and Houston with occupational licenses and criminal defense cases. We know a suspension can turn your life upside down, so we work closely with you to find practical legal solutions.

When you hire me, you deal with me directly. My clients get my personal cell phone number, because questions and emergencies can happen anytime. You won’t be passed off to a junior lawyer or lost in a big system. From start to finish, I stay involved and easy to reach. Call our [Galveston criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and talk about your options for getting your driving privileges back after a suspension.

**Categories:** Criminal Lawyer

---

### [How A Criminal Record Affects Employment In Texas](https://texascriminaljustice.com/how-a-criminal-record-affects-employment-in-texas/)

**Published:** May 27, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Man in blue shirt reads a folder labeled Texas Criminal Record at a job fair desk with ](https://texascriminaljustice.com/wp-content/uploads/2026/05/How-A-Criminal-Record-Affects-Employment.png "How A Criminal Record Affects Employment")A [criminal record](https://en.wikipedia.org/wiki/Criminal_record) often stays with someone long after their court case is over. In [Galveston](https://www.visitgalveston.com/), many people find that an arrest, deferred adjudication, or conviction can make job hunting much harder. Employers usually run background checks before hiring, and a criminal history can stand in the way of steady work. Even well-qualified candidates may have trouble moving forward if a potential employer sees a past charge or conviction. We often talk to people in Galveston and Houston who are working to rebuild their lives after an arrest, but still face obstacles because of their record.

In Texas, employers have broad authority to consider criminal history when hiring. However, the law also offers some protections and legal options that can help reduce the long-term impact of a criminal case. Depending on the situation, some people may qualify for nondisclosure, expunction, or other ways to clear their record. Knowing how a criminal record can affect employment is important for anyone facing charges or dealing with the effects of a past case.

## Why Employers Conduct Criminal Background Checks

Today, most employers run [background checks](https://www.eeoc.gov/background-checks) before hiring new employees. They do this to lower liability risks, protect customers, keep property safe, and prevent problems like theft, violence, or fraud. In some fields, state or federal law requires companies to screen applicants.

A background check can show arrests, pending charges, convictions, probation, deferred adjudication, and sometimes even dismissed charges. Employers usually hire outside companies to collect this information from county courts, state records, and police databases.

In Texas, employers can usually refuse to hire someone because of their criminal history if they think the offense matters for the job. Still, federal anti-discrimination laws from the Equal Employment Opportunity Commission apply if hiring practices unfairly affect protected groups.

### How A Felony Conviction Can Affect Employment Opportunities

A felony conviction is one of the biggest barriers to getting a job in Texas. Many employers see felony convictions as a risk, even if the crime happened a long time ago. Some industries will not consider applicants with certain convictions at all.

For example, people with convictions for theft, fraud, or embezzlement may have trouble getting jobs that involve handling money or customer accounts. Drug convictions can make it harder to work in healthcare, transportation, or education. Violent felony convictions usually create problems in almost every field.

Texas law also permits licensing boards to consider criminal history when evaluating professional license applications. Texas Occupations Code [§53.021](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=OC&Value=53.021&Date=3/7/2023) allows licensing agencies to deny licenses based on criminal convictions that directly relate to the duties and responsibilities of the occupation.

This can affect careers involving:

- Nursing
- Real estate
- Teaching
- Security work
- Commercial driving
- Healthcare positions
- Financial professions

Even if someone is very qualified, employers might pick another candidate just because that person does not have a criminal record.

### Misdemeanor Convictions Can Still Cause Serious Problems

Many people think that misdemeanor convictions are minor and that employers will overlook them. Unfortunately, this is often not the case. Some misdemeanor offenses can still cause serious problems when looking for a job.

Convictions for DWI, assault, theft, drug possession, and family violence often raise red flags for employers during hiring. They may worry about a person’s reliability, judgment, honesty, or the safety of the workplace.

Under Texas Penal Code [§22.01](http://statutes.capitol.texas.gov/Docs/PE/pdf/PE.22.pdf), assault charges involving family violence can carry especially damaging consequences because Texas law may prohibit nondisclosure eligibility in many domestic violence-related situations. This means the record may remain publicly accessible even after the case is completed.

Employers frequently examine the nature of the offense, how recent it was, and whether it appears related to the position being sought.

### Pending Criminal Charges And Employment Problems

Pending charges can affect employment even before a conviction occurs. Employers may hesitate to hire someone with an active criminal case because they fear future legal issues, missed work, or negative publicity.

This becomes especially difficult for people facing felony charges in Galveston County or Houston-area courts. Some employers may terminate workers after learning of an arrest, particularly when the allegations involve violent, theft, or intoxication offenses.

Texas is generally considered an at-will employment state. Under Texas Labor Code §52.031 and related employment principles, employers usually have broad discretion regarding hiring and termination decisions unless discrimination or contractual violations exist.

Because of this, many people experience immediate financial stress after an arrest, even while their case remains unresolved.

### Occupational Licensing Problems After A Criminal Conviction

Professional licensing issues are common after criminal convictions in Texas. Licensing boards often conduct detailed background reviews before approving or renewing licenses.

Texas Occupations Code Chapter 53 gives state agencies authority to deny licenses when criminal conduct directly relates to the occupation. Licensing boards may evaluate:

- The seriousness of the offense.
- The relationship between the crime and the job duties.
- How long ago the offense occurred.
- Evidence of rehabilitation.
- Public safety concerns.

For example, healthcare workers accused of drug diversion or fraud may face licensing discipline. Commercial drivers convicted of DWI offenses may lose eligibility for certain driving positions. Teachers, daycare workers, and nurses may encounter additional scrutiny because of their access to vulnerable populations.

Even deferred adjudication can sometimes create licensing concerns depending on the profession involved.

### How Expunction Can Help Protect Employment Opportunities

Texas law provides certain forms of record clearing that may help people improve employment prospects. One of the strongest remedies is expunction.

Texas Code of Criminal Procedure Chapter 55 governs expunction eligibility. When a record is expunged, agencies are generally required to destroy or remove records related to the arrest.

Expunction may be available in situations involving dismissed charges, certain acquittals, arrests not resulting in formal charges, and some completed pretrial diversion programs.

If an expunction is granted, the person may legally deny the occurrence of the arrest in many situations.

This can dramatically improve employment opportunities because many employers will no longer see the case during standard background checks.

### Understanding Orders Of Nondisclosure In Texas

Not every criminal case qualifies for expunction. However, some individuals may qualify for an order of nondisclosure under Texas Government Code §411.071 and related provisions.

A nondisclosure order seals certain criminal records from public view. While law enforcement and government agencies may still access the records, most private employers cannot.

Nondisclosure eligibility depends on factors such as the type of offense, whether deferred adjudication was completed, waiting periods required by law, and prior criminal history.

Some offenses are permanently excluded from nondisclosure eligibility, including many violent crimes and family violence offenses.

A nondisclosure order can provide major relief for individuals trying to secure employment after completing probation or deferred adjudication successfully.

### Why Early Criminal Defense Representation Matters

One criminal charge can affect employment opportunities for years. This is why early defense strategy matters so much. Decisions made during the criminal case may determine whether a person later qualifies for expunction or nondisclosure.

For example, avoiding a conviction through dismissal or pretrial diversion may create opportunities to clear the record later. Certain plea agreements may also preserve future eligibility for nondisclosure.

We carefully evaluate not only the immediate criminal penalties in a case, but also the long-term consequences involving employment, licensing, education, and reputation.

Protecting your future often starts with protecting your record.

### Background Checks In Houston And Galveston Employment Markets

The Houston and Galveston job markets are highly competitive. Major employers, energy companies, healthcare providers, shipping industries, financial institutions, and government contractors frequently conduct extensive background screening.

Federal contractors and regulated industries often apply even stricter hiring standards. Port-related industries around Galveston may involve Transportation Worker Identification Credential requirements and federal security screenings.

For many applicants, a criminal record becomes a major hurdle before they even receive an interview opportunity.

This is especially true for positions involving:

- Access to financial information.
- Commercial driving.
- Healthcare facilities.
- Schools and universities.
- Government employment.
- Security-sensitive locations.

Because background checks are now routine in many industries, criminal defense representation often involves protecting not only freedom, but also future employability.

### The Long-Term Financial Impact Of A Criminal Record

The financial consequences of a criminal conviction can continue for decades. Employment limitations often lead to lower wages, reduced advancement opportunities, and difficulty securing stable housing.

A criminal record may also affect professional networking opportunities, educational advancement, security clearances, small business opportunities, housing applications, and loan approvals.

Many people underestimate how long these effects can last. Even old convictions may continue to appear on background checks unless legal action is taken to seal or remove the record.

This is one reason why fighting criminal charges aggressively from the beginning is so important.

### Criminal Records And Employer Liability Concerns

Many employers worry about negligent hiring lawsuits. If an employer hires someone with a criminal record who later causes harm in the workplace, the company may face claims alleging it ignored warning signs during the hiring process.

Because of these concerns, some employers apply strict screening policies. This is especially common in jobs involving children, elderly individuals, financial accounts, transportation, or controlled substances.

While Texas law allows employers broad discretion in many hiring situations, employers must still comply with anti-discrimination laws and fair hiring practices.

Even so, applicants with criminal records often face difficult uphill battles during hiring reviews.

## Protecting Your Future After A Criminal Charge

A criminal case is about more than fines, probation, or jail exposure. It is also about protecting your future, your career, and your ability to provide for your family.

Whether you are facing DWI charges, drug allegations, assault accusations, theft offenses, or felony charges in Galveston County or Houston, early legal representation can make a significant difference.

The right legal strategy may help reduce charges, avoid convictions, preserve eligibility for record clearing, and protect future employment opportunities.

## Frequently Asked Questions About Criminal Records And Employment In Texas

### Can An Employer Refuse To Hire Me Because Of A Criminal Record?

Yes. Texas employers generally have broad discretion when making hiring decisions based on criminal history. Many employers conduct background checks before extending job offers. If the employer believes the offense is relevant to the position or creates a risk to the workplace, they may decide not to hire the applicant. However, employers still must comply with federal anti-discrimination laws and cannot apply policies in a discriminatory manner.

### Will A Dismissed Criminal Case Show Up On A Background Check?

It can. Even dismissed charges may remain visible unless the record is expunged. Many people assume dismissal automatically removes the record, but that is not true in Texas. Without expunction, employers may still see the arrest and case history during background screenings. This is why pursuing record clearing after a dismissal is often important.

### Can A Felony Conviction Prevent Me From Getting A Professional License?

Yes. Texas licensing boards may deny licenses when criminal convictions directly relate to the duties of the profession. Texas Occupations Code §53.021 gives agencies authority to review criminal history during the licensing process. Each profession has different standards, but felony convictions often create additional scrutiny.

### What Is The Difference Between Expunction And Nondisclosure?

Expunction removes qualifying records from public access and generally results in their destruction. Nondisclosure seals certain records from public view but still allows government agencies and law enforcement to access them. Expunction provides stronger relief, but eligibility requirements are stricter.

### Can Deferred Adjudication Affect Employment?

Yes. Even though deferred adjudication is not technically a conviction, employers may still see it during background checks unless a nondisclosure order is obtained. Some employers view deferred adjudication negatively, especially for positions involving trust, security, or financial responsibility.

### How Long Does A Criminal Record Stay On My Background Check In Texas?

A criminal record can remain visible indefinitely unless legal action is taken to remove or seal it. Texas does not automatically erase criminal records after a certain number of years. Expunction or nondisclosure may be necessary to limit public access.

### Can Employers See Juvenile Criminal Records?

Juvenile records are generally treated differently from adult criminal records, but some juvenile matters may still become accessible under certain circumstances. Texas law provides procedures for sealing some juvenile records. Eligibility depends on the type of offense and the outcome of the case.

### Will A Misdemeanor DWI Hurt My Employment Opportunities?

It can. Many employers consider DWI convictions during hiring decisions. Jobs involving driving, transportation, machinery operation, or public safety may be especially affected. Some employers may also view DWI convictions as concerns involving judgment or reliability.

### Can I Legally Deny An Arrest After Expunction?

Generally, yes. If a court grants an expunction under Texas Code of Criminal Procedure Chapter 55, the person may usually deny the occurrence of the arrest in most situations. There are limited exceptions involving certain government applications and licensing matters.

### Why Should I Hire A Criminal Defense Lawyer Early In The Case?

Early representation allows the defense to protect your rights from the beginning. The outcome of a criminal case can directly affect future employment opportunities, licensing eligibility, and record-clearing options. Strategic decisions made early may help preserve opportunities for dismissal, reduced charges, or future expunction or nondisclosure eligibility.

## Call Our Galveston County Criminal Defense Attorney

A criminal charge can affect your career, reputation, and financial future long after the court process ends. Mark Diaz & Associates represents clients facing misdemeanor and felony charges in Galveston and throughout Houston, Texas. We understand how important it is to protect not only your freedom, but also your future employment opportunities and professional reputation.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are facing criminal charges or dealing with the lasting impact of a criminal record, call our [Galveston County criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). The firm represents clients in Galveston and throughout Houston, Texas.

**Categories:** Criminal Defense Lawyer

---

### [How To Get An Expunction In Texas Step-By-Step](https://texascriminaljustice.com/how-to-get-an-expunction-in-texas-step-by-step/)

**Published:** May 26, 2026
**Author:** Mark Diaz & Associates

**Content:**

![How To Get An Expunction In Texas Step-By-Step](https://texascriminaljustice.com/wp-content/uploads/2026/05/How-To-Get-An-Expunction-In-Texas-Step-By-Step.png "How To Get An Expunction In Texas Step-By-Step")An arrest record can stay with you long after your case is over. Even if your charges are dismissed or you are found not guilty, background checks might still show the arrest. Employers, landlords, schools, and licensing boards often look at criminal history before making decisions. Many people are surprised to find out that a dismissed case does not automatically disappear from public records in Texas. Expunction offers a way to clear eligible records and give you a fresh start, but the process is technical and strict under Texas law.

Most Texas expunction laws are in [Chapter 55](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A) of the Texas Code of Criminal Procedure. These laws let some people permanently remove records related to arrests, charges, and prosecutions if they meet certain legal requirements. Courts review expunction petitions closely, and mistakes can cause delays or prevent you from getting relief. Knowing how the process works is important if you want to clear your record in [Galveston](https://www.galvestontx.gov/) or anywhere in the Houston area.

## Understanding What An Expunction Does In Texas

An expunction is a court order that removes certain criminal records from public view. After an expunction is granted, agencies holding the records must destroy them or send them back to the court. This includes police departments, prosecutors, courts, jails, and state agencies.

Texas Code of Criminal Procedure [Article 55.03](https://law.justia.com/codes/texas/2023/code-of-criminal-procedure/title-1/chapter-55/article-55-03/) explains what happens after an expunction order. Once the expunction is complete, you can usually deny that the arrest and expunction ever happened. This legal protection is very helpful when you apply for jobs, housing, or professional licenses.

An expunction is not the same as an order of nondisclosure. A nondisclosure seals records from the public but does not destroy them, and some government agencies can still see them. Expunction offers broader relief because it removes the records completely if you qualify.

### Who Qualifies For An Expunction In Texas

Whether you qualify depends on how your case ended and the details involved. Texas law does not let every arrest or conviction be expunged.

Under Texas Code of Criminal Procedure Article 55.01, common situations where expunction may be available include arrests that did not lead to charges, dismissed charges under qualifying circumstances, acquittals, pardons, and cases involving mistaken identity.

Many dismissed cases may qualify for expunction if:

- The statute of limitations expired.
- The case was dismissed without court-ordered community supervision for most offenses.
- There was no final conviction arising from the arrest.
 
If you were found not guilty at trial, you are often eligible for expunction. Some juvenile cases may also qualify under Texas law. In some cases, an expungement cannot ocurr unless the person received a pardon or qualifies under a narrow exception. This surprises many people who assume old convictions automatically disappear over time.

### Why Waiting Periods Matter In Texas Expunction Cases

Texas law often requires you to wait before you can file for expunction. These waiting periods give prosecutors time to decide if they want to file charges.

Article 55.01 says the waiting period depends on the type of offense. For example, Class C misdemeanors usually have a shorter waiting period than felonies.

If prosecutors dismiss charges before the statute of limitations runs out, you may still need to show the dismissal happened because of a mistake, false information, or lack of probable cause.

If you file too early, your petition may be denied. Timing is one of the most important parts of the expunction process.

### Gathering Records Before Filing An Expunction Petition

One of the first steps is to gather accurate information about your arrest and case. Courts need detailed identifying information in expunction petitions.

This often includes:

- Date of arrest
- Arresting agency
- Booking information
- Cause numbers
- Court information
- Charges filed or investigated
- Final case disposition
 
Mistakes in identifying agencies or case numbers can create delays because every agency holding records must receive notice of the petition.

We often review court records, dismissal orders, and criminal history information to verify eligibility before filing.

### Filing The Expunction Petition In The Correct Court

Expunction petitions are generally filed in a district court in the county where the arrest occurred. In Galveston County, this means the petition is usually filed locally when the arrest happened there.

Texas Code of Criminal Procedure Article 55.02 governs the expunction procedure. The petition must identify all agencies believed to possess records related to the arrest.

This may include police departments, sheriff’s offices, district attorney offices, county clerks, the Texas Department of Public Safety, and federal agencies.

A properly prepared petition is important because omitted agencies may continue maintaining records even after an expunction order is granted.

### Serving Agencies And Providing Notice

After filing, the petitioner must ensure notice is provided to all agencies listed in the petition. Texas law gives these agencies the opportunity to object or appear at the hearing.

Some agencies do not contest expunction petitions when eligibility is clear. Others may challenge whether statutory requirements have been met.

Prosecutors may object when the waiting period has not expired, the dismissal conditions do not satisfy Article 55.01, another charge arose from the same arrest, or community supervision bars eligibility.

A contested hearing may require additional evidence and legal argument before the judge.

### The Expunction Hearing Process

Texas courts often schedule a hearing before ruling on the petition. Some uncontested matters may proceed without extensive testimony, but others involve detailed review.

At the hearing, the court examines whether the petitioner satisfies the requirements under Chapter 55 of the Texas Code of Criminal Procedure.

Important issues may include:

- Whether charges were formally filed.
- Why charges were dismissed.
- Whether the statute of limitations expired.
- Whether the petitioner received community supervision.
- Whether any convictions arose from the arrest.
 
If the judge grants the petition, the court signs an expunction order directing agencies to remove and destroy qualifying records.

### What Happens After An Expunction Is Granted

After the order is signed, agencies receive copies directing them to comply. Texas law requires agencies to either destroy the records or return them to the court.

The process does not happen instantly. It can take several weeks or months for all agencies and databases to update their records.

Private background check companies may also continue displaying outdated information unless they update their systems. In some situations, additional follow-up may be necessary.

Once the expunction is complete, the person may legally deny the occurrence of the arrest in most situations under Article 55.03.

### Common Reasons Expunction Petitions Are Denied

Expunction law in Texas is strict. Courts do not have broad discretion to grant relief unless statutory requirements are satisfied.

Common reasons for denial include filing before the waiting period expires, prior convictions connected to the same arrest, ineligible dismissals, court-ordered probation for offenses that do not qualify, errors in the petition, and failure to identify all agencies.

Because expunction law is technical, careful preparation matters.

### The Difference Between Expunction And Nondisclosure

Many people confuse expunctions with nondisclosure orders. While both can help protect privacy, they operate differently.

An expunction destroys qualifying records. A nondisclosure seals records from public view but allows many government agencies continued access.

Texas Government Code Chapter 411 governs nondisclosure eligibility. Some people who do not qualify for expunction may still qualify for nondisclosure after completing deferred adjudication or certain probation terms.

The right legal strategy depends on the type of case and the final disposition.

### Why Expunctions Matter For Employment And Housing

Even dismissed charges can create serious problems during background checks. Employers often hesitate when they see arrests involving allegations of theft, assault, drug offenses, or DWI.

Professional licensing boards may also ask about criminal history. Housing providers and schools frequently conduct background investigations as well.

An expunction can remove these barriers by eliminating qualifying records from public access. For many people, this creates opportunities that would otherwise remain difficult to obtain.

### How Federal Records Can Affect Texas Expunction Cases

Some arrests involve both state and federal agencies. Even if a Texas court grants an expunction, federal databases may not always update immediately.

This can happen when information was shared with federal law enforcement during the arrest process. Additional follow-up may sometimes be needed to address lingering database issues.

These situations can become more complex when federal charges or investigations are involved.

## Why Legal Guidance Can Help During The Expunction Process

Although Texas allows individuals to file petitions on their own, expunction cases often involve complicated procedural requirements. Courts expect petitions to strictly comply with Chapter 55 requirements.

Eligibility questions can become difficult when cases involve multiple charges, prior criminal history, probation, or dismissals tied to plea agreements.

A careful review of records and timelines can help avoid mistakes that delay relief or result in denial.

## Frequently Asked Questions About Texas Expunctions

### Can A Dismissed Case Be Expunged In Texas?

Many dismissed cases may qualify for expunction, but eligibility depends on several factors. Texas Code of Criminal Procedure Article 55.01 contains specific requirements regarding dismissals. Some dismissals qualify because prosecutors lacked probable cause, the case involved mistaken identity, or limitations expired without refiling. Other dismissals may not qualify if the person received court-ordered probation or if another conviction arose from the same arrest. The details of the case matter greatly when determining eligibility.

### How Long Does The Expunction Process Take In Texas?

The timeline varies by county and court schedule. In many cases, the process takes several months from filing to final order. After the order is signed, agencies may need additional time to remove records from databases. Delays sometimes occur when agencies object or when records are difficult to locate. Courts in Galveston County and Houston-area jurisdictions may have different scheduling practices that affect timing.

### Can A Felony Be Expunged In Texas?

Some felony arrests may qualify for expunction, but felony convictions usually do not qualify unless the person received a pardon or falls within a narrow legal exception. Felony charges that were dismissed or resulted in acquittal may qualify if the statutory conditions are met. The outcome of the case is critical in determining whether expunction is available.

### Does An Expunction Remove Mugshots From The Internet?

An expunction order applies to government agencies and official records. Private websites may not automatically remove online mugshots or booking information. However, an expunction can provide legal support for requesting removal from private websites. Some sites voluntarily comply after receiving proof of expunction, while others may require additional legal action.

### Can I Expunge A DWI Arrest In Texas?

Some DWI arrests may qualify for expunction, particularly when the case was dismissed or resulted in an acquittal. However, DWI convictions generally cannot be expunged. Deferred adjudication rules for DWI offenses differ from many other crimes under Texas law. Eligibility depends heavily on the specific outcome and procedural history of the case.

### What Happens If I Was Never Formally Charged?

People arrested but never formally charged may qualify for expunction after the required waiting period expires. Article 55.01 allows expunction in certain situations where charges were not filed, and no final conviction occurred. The applicable waiting period depends on the offense level connected to the arrest.

### Can Juvenile Records Be Expunged In Texas?

Certain juvenile records may qualify for expunction under Texas law. Juvenile cases involve different procedures and eligibility standards than adult criminal matters. Some juvenile records may also be automatically sealed depending on the disposition and age of the individual involved.

### Will Employers Still See My Record After Expunction?

Once agencies comply with the order, qualifying records should no longer appear in standard background checks. However, private database companies sometimes continue displaying outdated information temporarily. Additional follow-up may occasionally be necessary to ensure records are fully removed from commercial databases.

### Do I Have To Go To Court For An Expunction Hearing?

Some courts require personal appearance at the hearing, while others may proceed without testimony when the matter is uncontested. Requirements vary depending on the county and the complexity of the case. Contested petitions are more likely to require an appearance and legal argument before the judge.

### Can I Deny The Arrest After An Expunction?

Under Texas Code of Criminal Procedure Article 55.03, individuals who obtain an expunction may generally deny the occurrence of the arrest and expunction in most situations. There are limited exceptions involving certain government proceedings, but expunction provides strong legal protection regarding the disclosure of the records.

## Call Our Galveston Expunction Attorneys For A Free Consultation

A criminal record can affect your career, reputation, housing opportunities, and future plans long after a case ends. If you want to clear eligible records from your past, Mark Diaz & Associates helps clients pursue expunctions and other post-case relief throughout Galveston and the Houston area.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Mark Diaz & Associates represents clients in Galveston and throughout the city of Houston, Texas. Call our [Galveston expunction attorneys](https://texascriminaljustice.com/expungements/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help your future.

**Categories:** Expunction Attorney

---

### [How Magistrate Hearings Work In Texas Counties](https://texascriminaljustice.com/how-magistrate-hearings-work-in-texas-counties/)

**Published:** May 25, 2026
**Author:** Mark Diaz & Associates

**Content:**

![How Magistrate Hearings Work In Texas Counties](https://texascriminaljustice.com/wp-content/uploads/2026/05/How-Magistrate-Hearings-Work-In-Texas-Counties.png "How Magistrate Hearings Work In Texas Counties")After an arrest in Texas, things can move fast. Many people are still trying to process what happened when they suddenly have to appear before a magistrate judge. This hearing can take place just hours after an arrest, and what happens there can affect your bond, release from jail, future court dates, and the direction of your case. In [Galveston County](https://www.galvestoncountytx.gov/), magistrate hearings are routine, but most people don’t know what to expect until they go through one themselves. We often talk to people and families who feel scared and confused at this stage. Knowing what a magistrate hearing is for and what legal issues are involved can help you protect your rights and make better choices early on.

## What Is A Magistrate Hearing In Texas?

A magistrate hearing is one of the first court appearances after an arrest. According to Texas

Code of Criminal Procedure [Article 15.17](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=15.17), anyone arrested must be brought before a magistrate without unnecessary delay. This hearing is sometimes called a magistration hearing or a probable cause hearing.

The purpose of the hearing is not to determine guilt or innocence. Instead, the magistrate advises the accused person of certain constitutional and legal rights. The magistrate also reviews the charges, addresses bond, and may impose conditions of release.

In many Texas counties, including Galveston County, magistrate judges, justices of the peace, or other authorized officials handle these hearings. Some are held in person, while others use video conferencing from the jail.

### What Happens During A Magistrate Hearing?

The magistrate hearing is often brief, but it carries serious importance. During the hearing, the judge usually reviews the arrest paperwork prepared by law enforcement and informs the accused person about the allegations filed against them.

Under [Article 15.17](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=15.17) of the Texas Code of Criminal Procedure, the magistrate must inform the defendant of several important rights. These rights include the right to remain silent, the right to hire an attorney, the right to request appointed counsel if indigent, and the right to terminate any interview with law enforcement.

The magistrate also determines whether probable cause exists to support continued detention. In many cases, the judge will address the bond and whether the accused can be released from custody pending future court proceedings.

The hearing may last only a few minutes, but decisions made at this stage can affect a defendant’s freedom, finances, and strategy moving forward.

### The Role Of Probable Cause In A Magistrate Hearing

One important function of the magistrate hearing involves reviewing probable cause. The Fourth Amendment to the United States Constitution protects individuals from unreasonable seizures. Following a warrantless arrest, the government must establish probable cause to justify continued detention.

The magistrate typically reviews sworn affidavits, police reports, or probable cause statements prepared by law enforcement officers. The legal standard is lower than proof beyond a reasonable doubt. The issue is whether sufficient facts exist to support a reasonable belief that a crime occurred and that the accused committed it.

In many hearings, the defendant does not present evidence or testify. The magistrate’s review is generally limited to the information provided by law enforcement and prosecutors at that early stage.

### How Bond Is Determined In Texas Counties

Bond decisions are often the most important part of a magistrate’s hearing. The judge decides whether the accused will remain in custody or be released while the case proceeds through the court.

Texas Code of Criminal Procedure [Article 17.15](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm) outlines the rules judges must consider when setting bail. The court evaluates factors such as:

- The nature of the offense alleged.
- The defendant’s criminal history.
- The risk of flight.
- The safety of the community.
- The ability of the accused to make bond.

The judge may set a personal recognizance bond, a surety bond, or a cash bond. In some felony cases, especially involving violent crimes or repeat offenses, bond amounts can become very high.

Certain charges may also trigger additional legal restrictions under the Texas Constitution and Texas Code of Criminal Procedure [Article 17.40](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm), which allows judges to impose conditions designed to protect alleged victims or the public.

### Conditions Of Bond And Release

A magistrate hearing often includes decisions regarding bond conditions. These conditions can significantly affect a defendant’s daily life while the case is pending.

Common bond conditions may include restrictions on travel, alcohol use, firearm possession, or contact with alleged victims or witnesses. In domestic violence cases, courts frequently issue protective orders or no-contact conditions.

Some defendants may be required to submit to drug or alcohol testing, install ignition interlock devices, report regularly to pretrial supervision officers, remain employed or enrolled in school, and avoid certain locations or individuals. Violating bond conditions can result in bond revocation and return to jail.

### The Right To Counsel During The Magistrate Process

The right to counsel is a critical issue during criminal proceedings. Under both the Sixth Amendment and Texas law, defendants have the right to legal representation.

Article 15.17 requires magistrates to advise defendants of the right to request appointed counsel if they cannot afford a lawyer. In Texas counties, the timing of appointed counsel varies depending on the severity of the offense and local court procedures.

Although many defendants do not yet have a retained attorney during the magistrate hearing, early legal representation can be extremely important. Statements made after arrest may later be used by prosecutors. Bond arguments presented early in the case may also influence detention decisions. We often work quickly after an arrest to begin protecting our clients before the case progresses further.

### Magistrate Hearings In Felony Cases

Felony arrests generally receive closer scrutiny during magistrate proceedings because the consequences are more severe. In felony cases, bond amounts are often higher, and prosecutors may argue for stricter conditions of release.

For serious allegations such as aggravated assault, drug trafficking, homicide, or sexual offenses, magistrates may consider issues involving community safety, prior convictions, or allegations of violence.

Some felony defendants may face immigration consequences, firearm restrictions, or professional licensing concerns immediately after arrest. These issues can arise long before the case reaches trial.

Because felony charges carry the possibility of prison time under the Texas Penal Code, the early stages of the case require careful attention and preparation.

### How Magistrate Hearings Affect The Rest Of The Case

Although magistrate hearings are preliminary proceedings, they can shape the course of a criminal case in several ways.

Bond conditions may affect employment, family responsibilities, and travel.

Statements made after arrest can become evidence.

Probable cause determinations may influence prosecutors.

Pretrial release decisions can impact negotiations and case preparation.

Judges and prosecutors may also form early impressions based on the allegations and surrounding facts. While a magistrate hearing does not decide guilt, it often establishes the starting point for the case moving forward.

### Why Defendants Should Avoid Discussing Their Case After Arrest

Many people believe they can explain their way out of criminal charges after an arrest. Unfortunately, statements made during or after the magistrate process frequently become evidence for the prosecution.

The Fifth Amendment protects individuals against self-incrimination. Exercising the right to remain silent is often one of the most important decisions a defendant can make after arrest.

Law enforcement officers may continue investigating the case even after magistration occurs. Recorded jail calls, interviews, text messages, and social media activity may all become evidence later. We regularly advise clients to avoid discussing the facts of the case with anyone except their attorney.

### Differences Between Counties In Texas

While Texas law establishes statewide rules for magistrate hearings, procedures can vary from county to county.

In Galveston County, hearings may occur through centralized magistration systems at the jail. Harris County operates one of the largest magistrate systems in Texas due to the volume of arrests processed daily.

Some counties move quickly through hearings because of heavy caseloads, while smaller counties may have more individualized proceedings. Bond schedules, local customs, and prosecutorial practices can differ significantly depending on the jurisdiction.

Understanding local procedures often becomes important when seeking bond reductions or challenging release conditions.

### Bond Reduction Hearings After Magistration

If the bond is set too high during the initial magistrate hearing, defendants may later request a bond reduction hearing before another court.

Texas courts must avoid excessive bail under both the Eighth Amendment and Article I, Section 11 of the Texas Constitution. If the bond is set beyond a defendant’s reasonable ability to pay without proper justification, the defense may argue for a reduction.

Judges may consider:

- Community ties.
- Employment history.
- Family support.
- Lack of criminal history.
- Compliance with prior court orders.

A successful bond reduction can allow a defendant to return home while preparing for trial.

## The Importance Of Early Defense Representation

The earliest stages of a criminal case often create opportunities that disappear later. Quick legal action may help preserve evidence, protect constitutional rights, and position the case more effectively from the beginning.

Defense counsel may assist with bond advocacy, protecting against unlawful questioning, reviewing probable cause issues, preparing for future hearings, and communicating with prosecutors.

Advising family members regarding release procedures.

Every criminal case starts somewhere, and the magistrate’s hearing is often the first major event after arrest. How the case begins can influence everything that follows.

## Frequently Asked Questions About Magistrate Hearings In Texas

### How Soon Does A Magistrate Hearing Happen After An Arrest In Texas?

Under the Texas Code of Criminal Procedure Article 15.17, an arrested person must be brought before a magistrate without unnecessary delay. In most Texas counties, this typically occurs within 48 hours of arrest, although many hearings happen much sooner. Large counties like Harris County and Galveston County often process hearings rapidly because of the high number of daily arrests. Delays may occur depending on weekends, holidays, or transportation issues, but the government cannot hold someone indefinitely without magistration.

### Does A Magistrate Decide Whether I Am Guilty?

No. A magistrate hearing is not a trial and does not determine guilt or innocence. The magistrate’s role is limited to advising you of your rights, reviewing probable cause, and addressing bond and release conditions. The prosecution must still prove the charges beyond a reasonable doubt later in court if the case proceeds toward trial.

### Can Charges Be Dismissed At A Magistrate Hearing?

Dismissals during magistrate hearings are uncommon. The hearing is generally focused on preliminary matters rather than final case outcomes. However, if there are major problems with probable cause or the arrest paperwork, those issues may later become part of defense motions challenging the prosecution’s case.

### Should I Talk About My Case During The Hearing?

In most situations, it is best to avoid discussing the facts of your case during or after the hearing. Anything you say may potentially be used against you later. The Fifth Amendment protects your right to remain silent. Many people mistakenly believe they can explain away the allegations, but statements made under stress after arrest often create additional problems for the defense.

### What Happens If I Cannot Afford Bond?

If the bond is set at an amount you cannot afford, you may remain in custody unless the court later reduces the bond or grants a personal recognizance release. Your attorney may request a bond reduction hearing and present evidence regarding your finances, employment, family ties, and community support. Courts are prohibited from imposing excessive bail solely to keep someone jailed before trial.

### Can A Magistrate Deny Bond Completely?

In certain situations, yes. The Texas Constitution permits denial of bond under limited circumstances, particularly involving serious violent offenses, repeat felony allegations, or violations of prior release conditions. Prosecutors seeking no bond must usually satisfy specific legal requirements before a judge can deny release entirely.

### What Is A Personal Recognizance Bond?

A personal recognizance bond, often called a PR bond, allows a defendant to be released without posting money up front. Instead, the defendant signs an agreement promising to appear in court and comply with conditions imposed by the judge. Courts consider factors such as criminal history, ties to the community, and risk of flight when deciding whether to grant a PR bond.

### Are Magistrate Hearings Public?

Generally, magistrate hearings are court proceedings and may be public, although practical access varies depending on the county and whether the hearing occurs through video systems inside jail facilities. Family members may sometimes observe portions of the process depending on local rules and courtroom availability.

### What Happens After The Magistrate Hearing?

After magistration, the criminal case continues through the court system. Future proceedings may include arraignment, indictment review, discovery, pretrial motions, plea negotiations, and trial preparation. In felony cases, prosecutors may seek an indictment through a grand jury. The exact timeline depends on the severity of the allegations and the county where the charges were filed.

### Why Is Hiring A Lawyer Early So Important?

Early representation allows the defense to begin protecting your rights immediately after arrest. Important evidence may exist during the first days of a case, including surveillance footage, witness statements, and police records. Lawyers may also advocate for lower bond amounts, challenge improper procedures, and help prevent damaging mistakes that can affect the case later.

## Call Our Galveston Criminal Defense Lawyer For Representation Before A Magistrate

An arrest can leave you feeling uncertain about your future, especially when you are facing a magistrate hearing and serious criminal allegations in Galveston County or the Houston area. The early stages of a criminal case matter. Decisions involving bond, release conditions, and statements to law enforcement can affect everything that happens afterward.

At Mark Diaz & Associates, we defend people accused of crimes throughout Galveston and across the city of Houston, Texas. We understand how stressful the criminal process becomes for individuals and families, and we work directly with our clients from the beginning of the case through resolution.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense lawyer](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) about your criminal case in Galveston, Houston, or the surrounding Texas area.

**Categories:** Criminal Defense Lawyer

---

### [Plea Bargains In Texas: When To Accept Or Fight](https://texascriminaljustice.com/plea-bargains-in-texas-when-to-accept-or-fight/)

**Published:** May 24, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Plea Bargains In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Plea-Bargains-In-Texas.png "Plea Bargains In Texas")If you are facing criminal charges in Texas, it is normal to feel unsure about what to do next. You might hear the term “plea bargain” from prosecutors, judges, or people you know who have been through the system. While a plea deal can seem like a quick way to move on, the wrong agreement can cause problems that last for years. Sometimes, taking a plea is the best choice. Other times, fighting the charges is the right way to protect your future, your job, and your freedom. Before making any decisions in a [Galveston County](https://www.galvestoncountytx.gov/) criminal case, it is important to understand how plea bargains work under Texas law.

## Understanding Plea Bargains Under Texas Criminal Law

A plea bargain is when the prosecution and the defendant agree that the defendant will plead guilty or no contest in return for certain benefits from the State. These deals are common in Texas courts, including those in Galveston County and Houston.

Texas Code of Criminal Procedure [Article 26.13](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=26.13) governs guilty pleas and requires the court to ensure that a plea is entered voluntarily and knowingly. Before accepting a plea, a judge must advise the defendant about the range of punishment and other legal consequences connected to the plea.

Plea bargains might include reduced charges, recommended sentences, dropping other charges, or agreements about probation. Even if both sides agree, the court still decides whether to accept or reject the plea deal.

Many criminal cases end with negotiated agreements because trials are risky for everyone. Prosecutors avoid uncertainty and save time, while defendants might get lighter penalties or avoid harsher sentences.

### Why Prosecutors Offer Plea Deals

Prosecutors do not offer plea bargains just to help defendants. Their main goal is to get convictions while handling busy court schedules and limited resources.

A prosecutor may offer a favorable plea when:

- The evidence has weaknesses.
- Witnesses are unreliable
- Constitutional issues exist in the case.
- The defendant has little or no criminal history.
- The trial presents risks for the State.

Sometimes, prosecutors offer less favorable deals if they think the evidence is strong or if the case involves violence, weapons, repeat offenses, or vulnerable victims.

We often tell clients that just because a plea offer comes early does not mean it is a good one. Prosecutors may start with tough terms and later change their offer if motions are filed or problems with the evidence come up.

### Types Of Plea Bargains In Texas Criminal Cases

There are several common types of plea deals in Texas criminal courts.

Charge bargaining occurs when the State agrees to reduce the offense level. For example, a felony charge may be reduced to a misdemeanor under certain circumstances.

Sentence bargaining involves an agreement regarding punishment. The defendant pleads guilty in exchange for a recommendation involving probation, deferred adjudication, reduced jail time, or a capped sentence.

Deferred adjudication is another common resolution under the Texas Code of Criminal Procedure [Article 42A.101](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A). In deferred adjudication, the judge postpones a finding of guilt while the defendant completes court-ordered conditions. If completed successfully, the defendant avoids a formal conviction, though the record may still create legal and professional complications.

Each type of plea deal has its own risks and consequences, so it is important to look at them closely before accepting any offer.

### When Accepting A Plea Bargain May Make Sense

Not every criminal case needs to go to trial. Sometimes, taking a negotiated plea is the best option in a tough situation.

A plea agreement is worth considering if the evidence against you is strong and going to trial could mean serious consequences. This is especially important in felony cases, where a conviction could lead to years in prison.

Plea agreements may also help defendants avoid immigration consequences, protect professional licenses, reduce felony charges to misdemeanors, or preserve eligibility for probation. In some cases, accepting deferred adjudication may create opportunities for nondisclosure later under Texas Government Code [§411.0725,](https://statutes.capitol.texas.gov/docs/GV/htm/GV.411.htm) depending on the offense involved.

Another thing to consider is the emotional and financial stress. Trials can be stressful, public, and take a lot of time. Some people choose plea deals to get back to normal life sooner.

However, every plea should be reviewed carefully because the effects can last long after the court case is over.

### When Fighting The Charges May Be The Better Option

In many cases, fighting the charges is the better choice. A criminal conviction can have lasting effects on your job, housing, gun rights, immigration status, and reputation.

We often advise clients to seriously consider contesting charges when police violated constitutional rights, the evidence is weak or inconsistent, witness credibility is questionable, the State cannot prove every element of the offense, and the plea offer does not meaningfully reduce exposure.

Under the Fourth Amendment to the United States Constitution and Article I, Section 9 of the Texas Constitution, defendants are protected from unlawful searches and seizures. If evidence was obtained illegally, suppression motions may significantly weaken the prosecution’s case.

Texas Code of Criminal Procedure Article 38.23 also provides protections against unlawfully obtained evidence. In some cases, successful pretrial motions can result in dismissals, reduced charges, or significantly improved plea offers.

Fighting your case does not always mean you have to go to trial. Many good defense strategies use motions and negotiations to improve your situation before a trial is needed.

### The Risks Of Accepting The Wrong Plea Deal

Many people only think about the immediate punishment and do not realize how a criminal conviction can affect them in the long run.

A guilty plea may create problems involving professional licensing, immigration consequences, security clearances, firearm possession restrictions, child custody disputes, college admissions, and employment background checks.

Some offenses also require sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure.

Deferred adjudication is sometimes misunderstood as a dismissal. While it avoids a formal conviction if completed successfully, it can still appear on background checks and may count against a person in future criminal proceedings.

Before accepting any deal, you should make sure you understand all the direct and indirect consequences that come with it.

### How Texas Judges Handle Plea Bargains

Texas judges play an important role in the plea bargaining process. Under Texas Code of Criminal Procedure Article 26.13, the court must determine whether the plea is voluntary.

Judges often ask defendants a series of questions in open court regarding their criminal charges, potential punishments, citizen statutes, and voluntariness of the plea.

If the judge rejects the plea agreement, the defendant generally has the right to withdraw the plea.

Some judges in Galveston County take a stricter approach than others regarding sentencing recommendations and probation requests. Local court practices and judicial tendencies can influence plea negotiations significantly.

### Factors We Consider Before Advising A Client To Accept Or Fight

Every criminal case is unique. There is no single answer that works for everyone.

When evaluating a plea offer, we examine the strength of the State’s evidence, potential defenses, the client’s criminal history, trial risks, immigration or licensing concerns, long-term consequences of conviction, witness credibility, video evidence, and forensic evidence.

We also talk with clients about their goals. Some want to avoid jail, while others care most about protecting their record, career, or future. The defense strategy should fit each person’s situation.

### Plea Bargains In Felony Cases Versus Misdemeanor Cases

Felony plea negotiations often involve more complex considerations because the penalties are significantly greater.

Under Texas Penal Code §12.34, third-degree felonies carry potential prison sentences ranging from 2 to 10 years. Second-degree and first-degree felonies carry even greater punishment ranges under Texas Penal Code §§12.33 and 12.32.

In misdemeanor cases, people may be more willing to risk a trial if the consequences are not too severe. In serious felony cases, the risk of long prison time can make plea deals more appealing.

However, some felony cases contain substantial evidentiary weaknesses that justify aggressive litigation. Early assumptions about guilt or conviction likelihood can be misleading.

## Why Early Defense Representation Matters

What happens early in a criminal case can shape the final outcome. Important evidence can disappear fast, witnesses might not be available later, and prosecutors start looking at the case long before trial.

Early intervention allows the defense to obtain evidence promptly, challenge illegal searches, identify constitutional violations, begin negotiations strategically, and protect the client during questioning.

Many good plea deals happen because the defense finds weaknesses early on. Waiting too long to get a lawyer involved can limit your options.

## Frequently Asked Questions About Plea Bargains In Texas

### What Is A Plea Bargain In Texas Criminal Court?

A plea bargain is a deal between the defendant and the prosecutor to settle a criminal case without going to trial. Usually, the defendant pleads guilty or no contest in exchange for reduced charges, probation, deferred adjudication, or another outcome. Plea bargains are very common in Texas because they help resolve cases faster than jury trials.

### Does Accepting A Plea Bargain Mean I Have A Criminal Conviction?

Most of the time, yes, but not always. Pleading guilty usually means a conviction. Deferred adjudication can help you avoid a formal conviction if you complete it, but it still has legal consequences and might show up on background checks. The result depends on the type of plea and the charges.

### Can I Reject A Plea Offer And Go To Trial?

Yes. You have a constitutional right to a trial under both U.S. and Texas law. Prosecutors cannot force you to take a plea deal. If the offer is not good or the evidence is weak, going to trial might

### Can A Judge Reject A Plea Bargain In Texas?

Yes. Judges are not required to approve negotiated agreements. Under Texas Code of Criminal Procedure Article 26.13, the court reviews plea agreements and determines whether to accept them. If a judge rejects the agreement, the defendant generally has the right to withdraw the plea.

### What Is Deferred Adjudication In Texas?

Deferred adjudication is a type of probation where the judge waits to decide guilt while you complete certain conditions. If you finish successfully, you avoid a formal conviction. Still, deferred adjudication has consequences and can affect future cases, licenses, and background checks.

### Can A Plea Bargain Be Changed After I Accept It?

After you accept a plea and are sentenced, it is hard to change the agreement. There are only a few situations where you can challenge a plea, like if your lawyer did not help you properly or if the plea was not voluntary. These cases depend on the facts and often need more legal action after sentencing.

### Will A Plea Bargain Keep Me Out Of Jail?

Sometimes, but not always. Many plea deals include probation, deferred adjudication, or less jail time. But some still mean jail, especially for felonies or repeat offenses. The outcome depends on the charges, your record, and the evidence.

### How Long Do Plea Negotiations Usually Take?

Some plea talks happen early, while others go on for months. Offers can change as new evidence comes up, motions are filed, or witnesses are lost. Often, the better prepared your defense is, the better the plea offers you get.

### Should I Accept The First Plea Offer The Prosecutor Makes?

Not necessarily. Early offers are not always the best offers. Prosecutors may initially present aggressive terms before the defense has reviewed all the evidence or raised legal challenges. Accepting a plea too quickly can prevent a defendant from discovering weaknesses in the State’s case.

## Contact Our Galveston Criminal Attorney For Your Free Case Consultation

If you are facing criminal charges in Galveston County or Houston, deciding whether to accept or fight a plea bargain can change your life. Prosecutors may pressure you to decide quickly before you know all your options. You deserve a defense team that will review the evidence, explain the risks, and fight for the best result under Texas law.

At Mark Diaz & Associates, we defend clients facing misdemeanor and felony charges in Galveston and Houston. We know how prosecutors handle plea negotiations and when it is best to challenge a case in court.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen anytime. You will not be passed to a junior associate or lost in a busy system. From start to finish, I stay personally involved and available.

Contact our [Galveston criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). Learn more about your rights, your options, and how we can help with your defense.

**Categories:** Criminal Law Attorney

---

### [What Is Discovery In Texas Criminal Cases?](https://texascriminaljustice.com/what-is-discovery-in-texas-criminal-cases/)

**Published:** May 23, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Discovery](https://texascriminaljustice.com/wp-content/uploads/2026/05/discovery-2.png "Discovery")If you are charged with a crime in Texas, you might feel unsure about what evidence the State has and how prosecutors plan to prove their case. Many people hear the term “discovery” in court but may not know what it means or why it matters. Discovery is a key stage in a criminal case because it lets the defense review evidence collected by law enforcement and prosecutors. This process can reveal weaknesses in the State’s case, constitutional violations, credibility problems, or missing evidence that could affect the outcome. In Galveston County and the Houston area, discovery is central to how defense attorneys prepare for negotiations, hearings, plea talks, or trial.

## Understanding Discovery In Texas Criminal Cases

In Texas criminal law, discovery is the process by which the prosecution gives evidence and information to the defense. The goal is to make the process fair and lower the risk of wrongful convictions from hidden evidence or unexpected testimony at trial.

Texas discovery law is primarily governed by [Article 39.14](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.39.htm) of the Texas Code of Criminal Procedure. This statute is commonly called the Michael Morton Act. The law was expanded after Michael Morton was wrongfully convicted of murder when prosecutors failed to disclose important evidence that supported his innocence.

Under Article 39.14(a), the State must generally allow the defense to inspect, copy, photograph, and review evidence that is material to the case. This can include police reports, witness statements, photographs, videos, lab reports, recorded interviews, and other evidence in the government’s possession.

Discovery lets us fully investigate the charges, question the prosecution’s evidence, and guide our clients on how strong the case is against them.

### Why Discovery Matters In Criminal Defense Cases

Discovery can change the whole direction of a criminal case. Sometimes, the evidence means we prepare for trial. Other times, discovery shows problems or weaknesses that support asking for a dismissal or reduced charges.

Without discovery, the defense would have to prepare without knowing what evidence exists, while prosecutors held all the information. Texas law says both sides should have access to important evidence before trial to keep things fair.

Discovery also helps stop unreliable testimony and false accusations from going unchallenged. Witness stories can change, and police reports may leave out key details. By looking at the real evidence, we can compare statements, spot inconsistencies, and find facts that help the defense.

### The Michael Morton Act Changed Texas Criminal Discovery

In 2013, Texas expanded criminal discovery rights with the Michael Morton Act. Before this law, prosecutors had more control over what information they shared with defense attorneys.

Now, Article 39.14 requires prosecutors to give much wider access to evidence. This includes offense reports, witness statements, documents, electronic recordings, and other materials related to the case.

The law also imposes continuing obligations on prosecutors. If new evidence becomes available later in the case, the State generally must disclose it to the defense. This change matters because hidden evidence can cause unfair prosecutions and wrongful convictions. The Michael Morton Act gives stronger protections to people accused of crimes in Texas.

### Evidence Included In Discovery

The specific evidence depends on the type of charge, but discovery typically includes a wide range of materials collected during the investigation.

In DWI cases, discovery may include body camera footage, dash camera video, breath test records, blood test results, field sobriety test documentation, and dispatch recordings.

In assault cases, prosecutors may provide witness interviews, medical records, photographs of injuries, and 911 calls.

Drug cases often involve laboratory reports, search warrants, surveillance footage, confidential informant information, and chain-of-custody records.

Felony cases may include cellphone extractions, forensic reports, social media evidence, and recorded jail calls.

Discovery often uncovers details that were not obvious at the time of arrest. Police reports can be incomplete or not match video evidence. Witnesses might give different stories. Testing procedures can have mistakes. Discovery helps us find these problems early.

### Brady Evidence And Prosecutorial Disclosure Obligations

Texas prosecutors are also bound by constitutional disclosure obligations established under Brady v. Maryland, a United States Supreme Court case that requires prosecutors to disclose exculpatory evidence.

Exculpatory evidence is information favorable to the accused that may affect guilt or punishment. This includes evidence that could show innocence, reduce culpability, or challenge the credibility of prosecution witnesses.

Article 39.14(h) of the Texas Code of Criminal Procedure reinforces these obligations by requiring prosecutors to disclose exculpatory, impeaching, or mitigating evidence.

Examples of Brady material may include a witness changing their story, evidence suggesting another suspect committed the offense, police misconduct allegations involving investigating officers, laboratory testing issues or benefits provided to cooperating witnesses.

If prosecutors do not share helpful evidence, there can be serious legal consequences. Courts might suppress evidence, dismiss charges, overturn convictions, or order new trials, depending on the situation.

### Discovery Can Reveal Constitutional Violations

Discovery often uncovers legal problems that support motions to suppress evidence.

For example, discovery might show that police did not have a good reason for a traffic stop or enough cause for an arrest. Search warrants could have mistakes or not enough facts. Officers might have violated a defendant’s [Fifth Amendment rights](https://constitution.congress.gov/constitution/amendment-5/) during questioning.

Video evidence is very important in many [Galveston County](https://www.galvestoncountytx.gov/) criminal cases. Body camera footage can sometimes show something different from police reports or reveal mistakes made during an arrest or search.

Discovery lets the defense check if law enforcement followed the constitutional rights protected by the Fourth, Fifth, and Sixth Amendments.

### Discovery In Felony Cases Versus Misdemeanor Cases

Both felony and misdemeanor cases use discovery, but felony cases usually have more evidence and more complicated investigations.

Felony cases in Texas might include forensic tests, digital evidence, expert witnesses, financial records, or several investigating agencies. These cases often need a lot of review and preparation.

Misdemeanor cases can also have important discovery issues, especially in DWI, assault, theft, or drug possession cases. Regardless of the charge level, discovery can significantly affect case strategy and potential outcomes.

### Protective Orders And Discovery Restrictions

Although Texas law provides broad discovery rights, courts may impose restrictions in certain situations.

Article 39.14(e) limits how discovery materials may be distributed. Defense attorneys generally cannot publicly disclose sensitive information obtained through discovery.

Courts may also issue protective orders involving confidential informants, minors, ongoing investigations, or sensitive victim information. Violating discovery restrictions can create serious legal consequences for attorneys and parties involved in the case.

### Timing Issues In Texas Discovery Cases

Discovery does not always come right after an arrest. Prosecutors often share evidence over time as the investigation goes on.

Lab tests can take weeks or months. Digital forensic exams can also cause delays. More witness interviews or extra police reports might come up later.

Texas prosecutors have continuing obligations under Article 39.14 to disclose additional evidence obtained after the initial discovery exchange. Getting a lawyer quickly is important because early discovery requests can help save evidence and prevent delays.

### How Discovery Helps Build A Defense Strategy

Every criminal case needs a strategy based on facts, evidence, and the law. Discovery is the starting point for building that strategy.

After looking at discovery, we might find problems with witness credibility, unreliable identification, illegal searches, improper questioning, or mistakes in scientific testing.

Some cases call for strong pretrial motions. Others might need independent investigation, expert witnesses, or trial preparation focused on creating reasonable doubt. Discovery allows us to make informed decisions rather than relying solely on allegations contained in an arrest report.

### Discovery Does Not Mean Automatic Conviction

Many people panic after seeing the amount of evidence prosecutors claim to have. However, discovery alone does not determine guilt.

Evidence still has to be allowed under Texas law. Witness testimony can be questioned. Scientific evidence might have mistakes. Police procedures could break constitutional rights. The burden of proving guilt beyond a reasonable doubt. Discovery allows the defense to test the strength and reliability of the State’s evidence before trial.

## Frequently Asked Questions About Discovery In Texas Criminal Cases

### What Is Discovery In A Texas Criminal Case?

Discovery is the process by which prosecutors provide evidence and information to the defense. Under Article 39.14 of the Texas Code of Criminal Procedure, the defense has the right to review many types of evidence collected during the investigation. This can include police reports, witness statements, videos, photographs, forensic testing, and electronic records. Discovery helps ensure fairness and allows defense attorneys to prepare for court.

### Does The Prosecutor Have To Share All Evidence?

Texas prosecutors are required to disclose much of the evidence they possess that is material to the case. They also must disclose exculpatory evidence that may help the defense under Brady v. Maryland and Article 39.14(h). However, some information may be restricted by court order or protected under certain legal exceptions. An experienced criminal defense lawyer can evaluate whether the prosecution is complying with discovery obligations.

### What Is The Michael Morton Act?

The Michael Morton Act is a Texas law that expanded criminal discovery rights under Article 39.14 of the Texas Code of Criminal Procedure. The law was passed after Michael Morton was wrongfully convicted when prosecutors failed to disclose favorable evidence. The statute now requires broader evidence disclosure and continuing disclosure obligations during criminal prosecutions.

### Can Discovery Help Get Charges Dismissed?

Yes. Discovery sometimes reveals constitutional violations, unreliable witnesses, inconsistent statements, unlawful searches, or weak evidence that can support dismissal arguments or suppression motions. In some cases, discovery problems can significantly weaken the prosecution’s position.

### How Long Does It Take To Receive Discovery In Texas?

The timeline varies depending on the type of case and the complexity of the investigation. Some discovery is provided quickly, while forensic testing, digital evidence, or laboratory reports may take months. Prosecutors also have ongoing obligations to provide additional evidence obtained later in the case.

### Can Defendants Personally Receive Discovery Materials?

Texas law limits direct distribution of certain discovery materials. Article 39.14(e) restricts how attorneys may share sensitive evidence. Defense lawyers can review evidence with clients, but there may be limits on copying or distributing certain materials depending on court orders and the nature of the evidence.

### What Happens If Prosecutors Hide Evidence?

Failure to disclose required evidence can create serious legal consequences. Courts may suppress evidence, order new trials, dismiss charges, or reverse convictions depending on the circumstances. Intentional concealment of exculpatory evidence can violate constitutional rights and undermine the fairness of the prosecution.

### Does Discovery Include Police Body Camera Footage?

Yes, in many cases. Body camera footage is frequently included in discovery, especially in DWI, assault, drug, and resisting arrest cases. Video evidence can be extremely important because it sometimes contradicts written reports or witness statements.

### Can Discovery Be Used During Plea Negotiations?

Absolutely. Discovery often shapes plea discussions because it helps both sides evaluate the strength of the evidence. Weak evidence may improve negotiating leverage for the defense, while strong evidence may influence strategy decisions regarding trial risks and possible resolutions.

### Why Is Early Legal Representation Important For Discovery?

Early representation allows defense attorneys to request discovery promptly, preserve evidence, investigate witnesses, and identify legal issues before critical deadlines pass. Waiting too long can make it harder to obtain surveillance footage, witness testimony, or other important evidence that may disappear over time.

## Contact Our Galveston County Criminal Defense Lawyers Today

If you have been arrested or charged with a crime in Galveston County or Houston, it is important to understand the evidence against you. Discovery can reveal weaknesses in the prosecution’s case, constitutional violations, and key facts that could affect your case. Mark Diaz & Associates defends clients facing misdemeanor and felony charges throughout Galveston and Houston.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You will not be passed off to a junior associate or lost in a busy system. From arrest to resolution, I stay personally involved and available.

Contact our [Galveston County criminal defense lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). Let us protect your rights, your record, and your future.

**Categories:** Criminal Law Attorney

---

### [Jury Trials Vs Bench Trials In Texas](https://texascriminaljustice.com/jury-trials-vs-bench-trials-in-texas/)

**Published:** May 22, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Jury Trials Vs Bench Trials In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Jury-Trials-Vs-Bench-Trials-In-Texas.png "Jury Trials Vs Bench Trials In Texas")If you are charged with a crime in Texas, deciding whether your case will be heard by a jury or a judge is a key choice. This decision can shape your trial strategy and the outcome. Many people in [Galveston](https://www.galveston.com/) facing charges have never been in court before and may not know the difference between these trial types. The best option depends on your case’s facts, the evidence, the legal arguments, and the risks of a conviction. It’s important to review your case carefully before choosing a jury trial or deciding to have a judge decide your case.

Texas law gives criminal defendants important constitutional protections regarding trial rights. Under [Article I, Section 10](https://law.justia.com/constitution/texas/sections/cn000100-001000.html) of the Texas Constitution and the [Sixth Amendment](https://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution) to the United States Constitution, a person accused of a crime generally has the right to a public trial by jury. However, Texas law also permits defendants in many cases to waive a jury and have the matter decided solely by a judge.

Understanding the advantages, disadvantages, and legal consequences of each option can help you make a more informed decision about your defense.

## What Is A Jury Trial In Texas?

In a jury trial, a group of citizens decides if the State has proven guilt beyond a reasonable doubt. For Texas felonies, there are usually twelve jurors. For misdemeanors in county court, there are generally six jurors.

Texas Code of Criminal Procedure [Article 33.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=33.01) covers your right to be present at trial, and [Article 35](https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.35.pdf) explains how juries are selected. During a jury trial, both sides question potential jurors in a process called voir dire. This helps find jurors who might be biased or unable to judge the evidence fairly.

After the jury is chosen, both sides present evidence, question witnesses, and make their arguments. At the end, the jury discusses the case and decides if the defendant is guilty or not guilty.

In Texas criminal cases, all jurors must usually agree to convict. If they cannot agree, the judge may declare a mistrial.

## What Is A Bench Trial In Texas?

A bench trial is a trial decided by a judge rather than a jury. The judge listens to the evidence, rules on legal objections, determines credibility, and ultimately decides whether the defendant is guilty or not guilty.

Texas Code of Criminal Procedure Article 1.13 allows defendants in many non-capital felony cases to waive the right to a jury trial if the waiver is made in person, in writing, and with the consent of both the court and the prosecutor.

Bench trials are often shorter and less formal than jury trials. Because there is no jury selection process, the case can move more quickly through the court system. Bench trials are common in certain types of criminal cases, especially where technical legal issues are central to the defense.

The decision to proceed with a bench trial should never be made lightly. Once a jury is waived, the judge becomes the sole fact finder in the case.

### How Jury Selection Works In Texas Criminal Cases

Jury selection can greatly affect the outcome of a criminal trial. During voir dire, lawyers ask potential jurors about their background, beliefs, and experiences to see if they can be fair and impartial.

Texas Code of Criminal Procedure Articles 35.16 and 35.17 govern challenges to jurors and the voir dire process. Attorneys may seek to remove jurors for cause if there is evidence of bias or inability to follow the law. Each side also has a limited number of peremptory strikes that can remove jurors without stating a reason, although constitutional restrictions prohibit discriminatory strikes.

In Galveston County, picking the right jury is especially important in cases like DWI, drug charges, assault, or gun crimes. What the public thinks about these offenses can influence how jurors see the evidence.

Part of our responsibility is to identify jurors who may already lean heavily toward the prosecution before evidence is even presented.

### Why Some Defendants Choose A Jury Trial

Many defendants prefer to have a group of citizens decide their case instead of just one judge. Jurors can sometimes be more open to emotional arguments, questions about credibility, or reasonable doubt from conflicting testimony.

Juries can also be receptive to defenses involving police misconduct, questionable witness credibility, or excessive charging decisions by prosecutors. In some cases, jurors may identify with the accused or understand how quickly circumstances can escalate during an arrest or investigation.

A jury trial can be helpful when the case is about disputed facts instead of complex legal issues. Cases with self-defense claims, conflicting witness stories, or questionable police actions often depend on how believable the witnesses seem in court.

Since the State must prove guilt beyond a reasonable doubt, convincing just one juror that there is doubt can stop a conviction.

### Why Some Defendants Choose A Bench Trial

Some defendants choose bench trials when legal issues matter more than emotions. Judges are trained to look at evidence by the rules and are less likely to be swayed by strong accusations or emotional testimony.

Bench trials are often considered in cases involving:

- Complex evidentiary disputes
- Constitutional challenges
- Technical defenses
- Scientific or forensic evidence
- Highly emotional allegations that could inflame jurors

In some situations, a judge may be better positioned to separate emotion from legal analysis. Certain defenses involving unlawful searches, suppression issues, or procedural violations may receive closer scrutiny from a judge familiar with constitutional law. Bench trials may also reduce publicity and courtroom drama in sensitive cases.

### How Sentencing Differs Between Jury And Bench Trials

Texas law allows different approaches to sentencing depending on whether the case is tried before a jury or a judge.

Under the Texas Code of Criminal Procedure Article 37.07, juries may assess punishment in many criminal cases if the defendant elects jury sentencing. Otherwise, the judge determines punishment after conviction.

This choice can have a big impact on your case strategy. Sometimes, a jury may be more sympathetic and less likely to give harsh penalties. Other times, a judge may be more predictable and careful when deciding on a sentence.

Evidence about punishment can include your past criminal record, work history, mental health, substance abuse, military service, family support, and efforts to get help or improve.

Deciding who will choose your punishment is often as important as deciding who decides guilt or innocence.

### Cases Where Bench Trials May Be Limited

Texas law places limits on bench trials in certain serious criminal cases. Capital murder cases where the State seeks the death penalty generally require a jury trial unless the prosecution waives the death penalty.

Additionally, prosecutors must consent before a felony defendant can waive a jury trial under Texas Code of Criminal Procedure Article 1.13. This means the State has a role in whether a bench trial is permitted.

The strategic considerations in serious felony cases are often far more complicated than in misdemeanor proceedings. Decisions involving jury waivers should only be made after careful analysis of the facts, venue, judge, and prosecution.

### Factors We Consider Before Recommending A Jury Or Bench Trial

No two criminal cases are identical. Before recommending whether a jury trial or bench trial may be appropriate, we evaluate several issues specific to the case.

We examine the nature of the allegations, the strength of the evidence, witness credibility, prior criminal history, scientific evidence, local jury tendencies, and the assigned judge’s legal background.

In Galveston and Houston-area courts, local courtroom practices and judicial philosophy can sometimes affect strategy decisions. Certain judges may handle evidentiary disputes differently from others. Likewise, community attitudes toward certain crimes may influence jury dynamics.

Our goal is to develop a defense strategy tailored to the individual client rather than relying on a one-size-fits-all approach.

## The Risks Of Making The Wrong Trial Choice

The decision between a jury trial and a bench trial can carry lasting consequences. Once a trial begins, changing strategies becomes difficult or impossible.

A jury may react unpredictably to testimony or evidence. A judge may apply the law strictly even when the emotional circumstances favor the defense. Some cases perform better before jurors who may question law enforcement conduct. Others may benefit from the structured legal analysis of a judge.

The risks become even greater in felony prosecutions where prison exposure is substantial. Trial preparation should involve an extensive review of all evidence, witness testimony, legal defenses, and courtroom strategy.

Every criminal defendant deserves a defense plan based on careful preparation and informed judgment.

## Frequently Asked Questions About Jury Trials And Bench Trials In Texas

### Can I Choose Between A Jury Trial And A Bench Trial In Texas?

In many criminal cases, yes. Texas law generally allows defendants to waive a jury trial and proceed before a judge instead. However, in felony cases, the prosecutor and the court must usually consent to the waiver under Texas Code of Criminal Procedure Article 1.13. The decision should be made only after discussing the strengths and weaknesses of the case with your defense attorney.

### Is A Jury Trial Better Than A Bench Trial?

There is no universal answer because every case is different. Some cases benefit from presenting evidence to jurors, especially when witness credibility or emotional context is important. Other cases are more technical and may be better suited for a judge’s legal analysis. The facts, the judge, the venue, and the type of charge all affect the decision.

### Are Bench Trials Faster Than Jury Trials?

Bench trials are often shorter because there is no jury selection process. The evidence is presented directly to the judge, and scheduling may be easier. In Galveston County courts, bench trials can sometimes move more quickly than jury trials, although timing still depends on court congestion and the complexity of the case.

### Can A Judge Be Harsher Than A Jury?

Sometimes. Judges and juries each approach cases differently. Some judges are known for strict sentencing practices, while certain juries may impose severe punishments based on emotional reactions to evidence. Other juries may be more sympathetic than expected. Sentencing trends and courtroom experience play a major role in evaluating risk.

### What Happens If A Jury Cannot Agree On A Verdict?

If jurors cannot unanimously agree, the judge may declare a mistrial. This is often called a “hung jury.” The prosecution may then decide whether to retry the case. A mistrial does not automatically mean the charges are dismissed.

### Can A Bench Trial Help In A DWI Case?

In some DWI cases, a bench trial may be considered if the legal issues are highly technical, such as blood test admissibility or constitutional challenges to the stop or arrest. However, some DWI cases may benefit from jury skepticism regarding police testimony or field sobriety testing. The right approach depends on the evidence involved.

### Who Decides Punishment In Texas Criminal Cases?

In many Texas criminal cases, either the judge or the jury may determine punishment. The defendant often has the right to elect jury sentencing before trial. This decision can significantly affect defense strategy because sentencing philosophies vary between judges and juries.

### Are Bench Trials Public In Texas?

Yes. Bench trials are generally public proceedings just like jury trials, unless the court orders otherwise under limited circumstances allowed by law.

### Does A Bench Trial Mean The Judge Will Favor The Prosecutor?

No. Judges are required to remain impartial and apply Texas law fairly. However, judges hear criminal cases regularly and may approach evidence differently than jurors who are unfamiliar with the court system. Understanding the assigned judge’s courtroom tendencies can help shape defense strategy.

### Should I Waive My Right To A Jury Trial?

That decision should only be made after a full review of the evidence, legal defenses, and courtroom strategy. Waiving a jury trial can have major consequences, especially in felony cases. Careful preparation and informed legal advice are essential before making that choice.

## Contact Our Galveston Criminal Law Attorney To Discuss Your Case

If you are facing criminal charges in Galveston County or anywhere in the Houston area, the decision between a jury trial and a bench trial may become one of the most important choices in your case. At Mark Diaz & Associates, we carefully evaluate every case to determine the best strategy for protecting our clients and fighting the charges against them.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Mark Diaz & Associates represents clients throughout Galveston and across the city of Houston, Texas.

Call our [Galveston criminal law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Criminal Justice Attorneys

---

### [Houston Criminal Defense: What Defendants Should Expect](https://texascriminaljustice.com/houston-criminal-defense-what-defendants-should-expect/)

**Published:** May 21, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Promotional banner for Mark Diaz & Associates showing a lawyer at a desk with the headline ](https://texascriminaljustice.com/wp-content/uploads/2026/05/Houston-Criminal-Defense.png "Houston Criminal Defense")Getting arrested or charged with a crime in [Houston](https://www.houstontx.gov/) can make you feel anxious, embarrassed, and unsure about what comes next. For many, this is their first experience with the criminal justice system, and they may not know what to expect. A criminal case can impact your job, family, professional licenses, immigration status, and even where you live. The steps you take in the first days and weeks after an arrest can have a big effect on your case. Whether you are facing a misdemeanor or a serious felony, knowing how the Texas criminal process works can help you make better choices and avoid mistakes.

## Understanding Criminal Charges In Houston

Criminal cases in Houston go through the Harris County courts, which are among the busiest in Texas. Charges can be as minor as misdemeanors or as serious as felonies that carry long prison sentences. Texas law divides crimes into misdemeanors and felonies according to the Texas Penal Code.

Misdemeanors are generally punishable by jail time in the county jail and financial penalties. Felonies carry the possibility of imprisonment in the Texas Department of Criminal Justice. Under Texas Penal Code [§12.21 – §12.23](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.23), misdemeanor offenses may result in penalties ranging from fines only to up to one year in county jail. Felony punishments under Texas Penal Code [§12.32 – §12.35](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.32) may involve prison sentences ranging from 180 days to life imprisonment, depending on the offense level.

It can be surprising how quickly a criminal accusation can become serious. Even a simple argument, traffic stop, or misunderstanding can lead to charges like assault, drug possession, theft, unlawful weapon possession, DWI, or domestic violence. Prosecutors in Houston often take an aggressive approach, especially in cases with repeat offenses, firearms, drugs, or injuries.

### What Happens After An Arrest In Houston?

After an arrest, you are usually taken to jail for booking and processing. This is when your fingerprints, photos, and personal details are recorded in law enforcement databases. Officers might try to ask you questions about what happened. Many people try to explain themselves without a lawyer, which can be a mistake.

Under the Fifth Amendment to the United States Constitution and Article 1, Section 10 of the Texas Constitution, individuals have the right to remain silent. Exercising that right is often critical in protecting a defense case. Statements made after arrest may later be introduced by prosecutors in court.

Once booking is complete, a magistrate judge generally reviews the charges and sets bond conditions. Texas Code of Criminal Procedure [Article 17.15](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm) governs the setting of bail and requires courts to consider the nature of the offense, public safety concerns, and the likelihood the accused will appear in court.

Bond conditions can include things like travel limits, drug testing, ignition interlock devices, no-contact orders, or restrictions on owning firearms. If you break these rules, you could face more legal trouble and even lose your bond.

### The Importance Of Early Legal Representation

Hiring a criminal defense lawyer early on is one of the most important choices you can make. Getting a lawyer involved right away helps them collect evidence before witnesses are hard to find or video footage is lost.

In many Houston cases, key evidence can include surveillance videos, body camera recordings, cell phone records, forensic tests, or witness interviews. Waiting too long can make it harder to get this evidence.

Getting a lawyer involved early can also let them talk to prosecutors before charges are officially filed. Sometimes, this can lead to reduced charges, dropped cases, or better outcomes before trial.

Once charges are filed in Texas, cases often move fast. Having a lawyer from the start can help you avoid mistakes that could hurt your defense later.

### Understanding The Grand Jury Process In Felony Cases

Most felony cases in Texas require indictment by a grand jury. Under the Texas Code of Criminal Procedure Article 20.19, the grand jury reviews evidence presented by prosecutors to determine whether probable cause exists to formally charge the accused.

A grand jury hearing is not the same as a trial. The defense usually cannot present witnesses or challenge the State’s evidence at this point. Still, defense lawyers can sometimes share helpful information with prosecutors before the grand jury decides.

If the grand jury issues a “true bill,” the felony case proceeds in district court. If the grand jury declines to indict, the case may be dismissed.

Many defendants misunderstand the purpose of the grand jury process and assume an indictment means guilt has already been proven. It does not. The State must still prove guilt beyond a reasonable doubt at trial.

### Pretrial Hearings And Motion Practice

After charges are filed, your case moves into the pretrial phase. During this time, prosecutors and defense lawyers share evidence and argue legal issues before the trial starts.

Texas Code of Criminal Procedure Article 39.14 governs criminal discovery and requires prosecutors to disclose many categories of evidence to the defense. This may include police reports, body camera footage, witness statements, lab reports, and photographs.

Defense attorneys often file motions challenging aspects of the State’s case. These may include motions to suppress evidence obtained through unlawful searches or seizures. The Fourth Amendment protects individuals from unreasonable searches by law enforcement.

For example, if police conducted a traffic stop without reasonable suspicion or searched property without lawful authority, evidence may be excluded from trial. Suppression issues can significantly affect the strength of a prosecution.

Pretrial motions may also challenge identification procedures, statements made during custodial interrogation, or forensic testing methods.

### Plea Negotiations In Houston Criminal Cases

Not every criminal case proceeds to trial. Many Houston criminal cases are resolved through plea negotiations between prosecutors and defense counsel.

A plea agreement may involve reduced charges, probation recommendations, deferred adjudication, or dismissal of certain allegations. The best resolution depends on the specific facts of the case, the defendant’s criminal history, and weaknesses in the prosecution’s evidence.

Deferred adjudication under Texas Code of Criminal Procedure Article 42A.101 may allow eligible defendants to avoid a final conviction if they successfully complete probation conditions. However, not all offenses qualify, and deferred adjudication can still carry serious consequences.

Before accepting any plea offer, defendants should fully understand the long-term effects of a conviction or deferred disposition. Criminal records can affect future opportunities long after a case ends.

### What Defendants Should Expect At Trial

When a case cannot be resolved favorably through negotiation, a trial may become necessary. Criminal defendants in Texas have the right to trial by jury under both the United States Constitution and the Texas Constitution.

At trial, it is up to the prosecutors to prove guilt beyond a reasonable doubt. You are considered innocent unless and until the State meets that standard.

Trial proceedings may include jury selection, witness testimony, cross-examination, presentation of evidence, and closing arguments. Defense lawyers challenge weaknesses in the prosecution’s case and present evidence supporting the defense.

Many criminal cases raise questions about credibility, police actions, forensic evidence, or how reliable witnesses are. Jurors have to decide if the State’s evidence really proves guilt beyond a reasonable doubt.

Some defendants fear trial because of uncertainty about the outcome. However, a trial is sometimes the best option when the evidence is weak or constitutional violations occurred during the investigation.

### The Consequences Of A Criminal Conviction

A criminal conviction can have effects that go far beyond jail or prison time. Many people only think about the immediate penalties and forget about the long-term impact of having a criminal record.

Convictions may affect employment opportunities, educational admissions, firearm rights, immigration status, housing applications, and professional licenses. Certain felony convictions may also result in loss of voting rights during incarceration.

Drug convictions can affect eligibility for some professional careers. Domestic violence convictions may create firearm restrictions under federal law. DWI convictions can lead to license suspensions and increased insurance costs.

Because the consequences can be severe, every stage of the defense process matters. Even misdemeanor convictions can create lasting problems for years.

### Expunctions And Record Sealing In Texas

Some individuals may qualify for expunction or nondisclosure after a criminal case ends. Texas Code of Criminal Procedure Chapter 55 governs expunction eligibility.

Expunction may allow certain records to be destroyed if charges were dismissed, the defendant was acquitted, or the arrest otherwise qualifies under Texas law. Orders of nondisclosure may limit public access to some criminal records after the successful completion of deferred adjudication.

However, not everyone qualifies for these options. Whether you are eligible depends on the type of offense and how your case ended.

Understanding whether future record-clearing options exist can affect defense strategy decisions early in the process.

## Why Every Criminal Case Requires An Individualized Defense Strategy

No two criminal cases are identical. The facts, evidence, witnesses, prior history, and legal issues vary significantly from one case to another.

A good defense strategy means looking closely at every detail, like how the police handled your case, if your rights were violated, and whether the prosecution can prove every part of the charge.

Many people think their case is hopeless just because they were arrested. But an arrest is not a conviction. Prosecutors still have to meet strict legal standards to get a guilty verdict.

Protecting your rights starts with understanding the system and having a defense team ready to challenge the State’s case at every step.

## Frequently Asked Questions About Houston Criminal Defense Cases

### What Should I Do Immediately After Being Arrested In Houston?

After an arrest, remain calm and avoid discussing the case with law enforcement officers or other inmates. You have the right to remain silent, and exercising that right can help protect your defense. Many people hurt their cases by making statements they believe are harmless. Politely request a lawyer and avoid answering questions until counsel is present. You should also avoid discussing the case on social media or in text messages, as those communications may later be used as evidence.

### Can Charges Be Dropped Before Trial?

Yes, some criminal charges are dropped before trial. Prosecutors might dismiss charges if the evidence is weak, witnesses are unavailable, there were constitutional violations, or new information raises doubts. Sometimes, defense lawyers can show evidence or arguments that convince prosecutors to drop the case. But dismissal is never automatic and depends on the details of your case.

### What Is Deferred Adjudication In Texas?

Deferred adjudication is a form of community supervision available in some Texas criminal cases. Under Texas Code of Criminal Procedure Article 42A.101, a judge may place a defendant on probation without entering a final conviction. If the defendant successfully completes the conditions, the case may be dismissed without a formal conviction. However, deferred adjudication still appears on background checks in many situations and can carry serious consequences depending on the offense.

### How Long Does A Criminal Case Take In Houston?

The timeline varies depending on the seriousness of the charges, court scheduling, and the complexity of the evidence. Some misdemeanor cases resolve within a few months, while felony cases may take much longer. Cases involving forensic testing, multiple witnesses, or extensive motion practice often require additional time. Although delays can be frustrating, proper case preparation is important for protecting the defense.

### Can I Be Convicted If The Alleged Victim Wants Charges Dropped?

Not necessarily. In Texas, criminal charges are prosecuted by the State, not the alleged victim. Even if an alleged victim asks prosecutors to dismiss charges, the prosecution may still continue. This is especially common in domestic violence allegations. Prosecutors may rely on witness statements, recordings, photographs, or other evidence even when a complaining witness no longer wants to cooperate.

### What Happens If Police Did Not Read My Miranda Rights?

Failure to provide Miranda warnings does not automatically dismiss a criminal case. However, statements made during custodial interrogation may be challenged if warnings were required but not provided. Courts examine whether the individual was in custody and whether interrogation occurred. Suppressing statements can sometimes significantly weaken the prosecution’s case.

### Can A Criminal Record Be Cleared In Texas?

Some individuals qualify for expunction or nondisclosure depending on the outcome of the case and the offense involved. Cases resulting in dismissal or acquittal may sometimes qualify for expunction under the Texas Code of Criminal Procedure Chapter 55. Certain deferred adjudication cases may qualify for nondisclosure after waiting periods are satisfied. Eligibility rules are strict, and not all offenses qualify.

### Should I Accept The First Plea Offer?

Not necessarily. Initial plea offers are not always the best offers available. Before accepting any agreement, the evidence, legal issues, and long-term consequences should be carefully reviewed. A conviction can affect employment, professional licenses, and future opportunities. Defendants should fully understand the risks and benefits before making any decision.

### What Happens If I Miss Court In Houston?

Failing to appear in court can result in a warrant being issued for your arrest. Bond may also be revoked. Additional charges may be filed in some situations. Missing a court can create serious complications even if the original case was relatively minor. If you accidentally miss a court date, you should contact your lawyer immediately.

### Do I Need A Lawyer For A Misdemeanor Charge?

Yes. Even misdemeanor convictions can create lasting consequences. A misdemeanor may affect employment, housing, firearm rights, immigration status, and future criminal sentencing. Defense lawyers may identify legal issues, negotiate reduced charges, or pursue dismissal options that would otherwise be missed.

## Speak With Our Texas Criminal Defense Lawyers To Discuss Your Houston Case

If you are facing criminal charges in Houston, Galveston, or surrounding Texas communities, your future may depend on the actions you take right now. Mark Diaz & Associates represents individuals accused of misdemeanors and felonies throughout Galveston and across the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by dialing [409-515-6170 ](tel:14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** Criminal Defense Lawyer

---

### [How Long Does A Criminal Case Take In Texas Courts?](https://texascriminaljustice.com/how-long-does-a-criminal-case-take-in-texas-courts/)

**Published:** May 20, 2026
**Author:** Mark Diaz & Associates

**Content:**

![How Long A Criminal Case Takes In Texas Courts](https://texascriminaljustice.com/wp-content/uploads/2026/05/How-Long-A-Criminal-Case-Takes-In-Texas-Courts.png "How Long A Criminal Case Takes In Texas Courts")Getting arrested in Texas often leaves people with a lot of questions. Many clients in [Galveston](https://en.wikipedia.org/wiki/Galveston,_Texas) ask how long their criminal case will take. While some expect a quick process, criminal cases can last for months or even over a year, depending on the charges, the court, the evidence, and whether there is a trial. This uncertainty can cause stress at home, issues at work, and worry about the future. Knowing what to expect from the timeline can help you get ready and avoid mistakes that might hurt your defense.

## What Happens Immediately After An Arrest In Texas?

After an arrest in Texas, the criminal process usually begins very quickly. A person is generally taken before a magistrate judge for an initial appearance. Under [Article 15.17](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=15.17) of the Texas Code of Criminal Procedure, the magistrate must inform the accused of the charges, the right to remain silent, the right to an attorney, and the right to have an attorney appointed if the person qualifies financially.

Bond is usually discussed early in the process. Some people are released within hours, while others stay in custody longer, depending on how serious the charges are and any past criminal history. For felony cases, bond amounts can be high, especially if prosecutors believe the person is a danger to the community or might not show up for court. Many people think their case will be over in a few weeks at this point. In fact, the first court appearance is just the start of a much longer legal process.

### How Long Do Misdemeanor Cases Usually Take In Texas?

Misdemeanor cases in Texas usually move faster than felonies, but they can still take months. Some are resolved in 60 to 120 days if the facts are simple and both sides agree early. Others take much longer.

The timeline depends on several factors, including court scheduling, the amount of evidence involved, witness availability, and whether motions are filed challenging the legality of the arrest or investigation.

Under [Article 32A.02](https://statutes.capitol.texas.gov/docs/CR/htm/CR.32A.htm) of the Texas Code of Criminal Procedure, Texas once had a statutory speedy trial law, but that law was repealed. Today, speedy trial rights mainly arise under the Sixth Amendment to the United States Constitution and Article I, Section 10 of the Texas Constitution. Even though defendants have constitutional speedy trial rights, courts still allow substantial delays in many situations.

In Galveston County and Houston, busy court schedules can also cause delays. Courts with many DWI, assault, theft, and drug cases often reschedule hearings several times before the case is finished.

### Why Felony Cases Often Take Much Longer

Felony cases in Texas generally require more time because the stakes are higher and the legal process is more complex. Before most felony prosecutions can move forward, prosecutors must present the case to a grand jury.

Article 20.19 of the Texas Code of Criminal Procedure governs grand jury proceedings. The grand jury reviews evidence presented by the prosecution and decides whether probable cause exists to issue an indictment.

This step alone can take weeks or months, depending on the court’s schedule and how complicated the case is. Cases with forensic tests, digital evidence, financial records, or many witnesses often take longer than usual.

Once there is an indictment, the case moves into the pretrial phase. Here, defense lawyers review evidence, file motions, talk with prosecutors, and look for possible defenses. If the case goes to trial, just finding a court date can add a lot of time because felony courts are often very busy.

Some felony cases resolve within six months. Others may remain pending for over a year.

### How Evidence Collection Impacts The Timeline

A big reason criminal cases take time is the process of gathering evidence. Prosecutors have to share certain evidence with the defense under Article 39.14 of the Texas Code of Criminal Procedure, known as the [Michael Morton Act](https://deathpenaltyinfo.org/texas-enacts-michael-morton-act-intended-to-reduce-wrongful-convictions).

This law says prosecutors must give police reports, witness statements, offense reports, recordings, photos, and other important evidence to the defense. Collecting and reviewing all this can take a lot of time.

Certain types of evidence commonly create delays, including, DNA testing may require months for laboratory analysis, cell phone extractions and digital forensic reviews, blood testing in DWI cases, financial record analysis in white-collar investigations, and surveillance video collection from businesses or traffic cameras.

Defense lawyers also need time to look at the evidence on their own and find any problems with the prosecution’s case. If this process is rushed, important details might be missed, which could affect the result later.

### Why Court Settings Frequently Get Reset

Many clients get frustrated when their court dates keep getting pushed back. While this can be discouraging, it is very common in Texas criminal courts.

Cases may be reset because the prosecutor is still gathering evidence, the defense needs additional investigation time, witnesses are unavailable, lab testing is incomplete, the court’s trial schedule is overcrowded, negotiations are ongoing.

Judges usually want both sides to have enough time to get ready before setting a trial date. Delays can be stressful, but they are not always bad. Extra time can help with better negotiations, stronger motions, or more investigation that could help the defense.

### How Plea Negotiations Affect Case Length

Most criminal cases in Texas end with a plea deal instead of a trial. How long these negotiations take can really affect how long the case stays open.

Prosecutors might start by offering tough terms early in the case. As more facts come out, the defense can show evidence that helps the client, challenge parts of the State’s case, or try to get charges or penalties reduced.

Factors that commonly affect negotiations include, the strength of the evidence, criminal history

Victim input, the seriousness of the allegations, completion of counseling or treatment programs, employment and community background.

Negotiations sometimes continue for months before a final agreement is reached. In some situations, the defense intentionally slows the process to allow additional time for favorable developments.

### What Happens If A Case Goes To Trial?

Criminal jury trials in Texas take a lot of preparation for both sides. Just scheduling the trial can add months to how long the case takes.

Before trial, attorneys often litigate motions involving suppression of evidence, illegal searches or seizures, confession admissibility, expert witness challenges, discovery disputes, and constitutional violations.

Once a case is set for trial, scheduling conflicts, witness availability, and court congestion may still result in postponements.

Misdemeanor jury trials usually move faster than felony trials. Felony trials for serious charges like aggravated assault, drug trafficking, or homicide can last several days or even weeks once they start.

### Speedy Trial Rights Under Texas And Federal Law

Many people think prosecutors have to bring their case to trial by a certain deadline. Right now, Texas law does not set a strict timeline for most criminal cases.

Instead, speedy trial claims are evaluated under constitutional standards established by the United States Supreme Court in Barker v. Wingo. Texas courts consider several factors, including, length of delay, reason for delay, whether the defendant asserted the right, and whether the delay caused prejudice.

A delay by itself does not mean the case will be dismissed. Courts often allow long delays if prosecutors have a good reason or if the defense also asked for more time.

### How Serious Charges Can Extend A Criminal Case

Cases involving violent crimes, weapons allegations, sex offenses, or major drug crimes often take significantly longer than standard misdemeanor prosecutions.

These cases may involve multiple law enforcement agencies, forensic evidence, expert testimony, search warrant litigation, electronic communications analysis, and mental health evaluations.

The more complex the evidence is, the more time both sides usually need to get ready.

Federal criminal cases often take even longer than state cases because there is more evidence to review and federal sentencing rules to consider.

### What Defendants Should Do While Their Case Is Pending

Waiting for your case to move forward can be hard, but what you do during this time can affect the final result.

Courts may impose bond conditions under Article 17.40 of the Texas Code of Criminal Procedure. Violating those conditions can result in bond revocation or additional criminal charges.

We often advise clients to remain employed, comply fully with court orders, avoid new arrests, and maintain communication with counsel throughout the process. Prosecutors and judges frequently consider a defendant’s conduct while the case is pending.

Social media activity can also become evidence. Statements, photographs, or videos posted online sometimes create additional legal problems for defendants.

### Why Every Criminal Case Timeline Is Different

No lawyer can honestly promise exactly how long a criminal case will take. Some cases end quickly, while others stay open for a long time.

The length depends on many factors, including the type of criminal charge, whether the case is a misdemeanor or a felony, the amount of evidence involved, court scheduling, witness availability, whether motions are filed, and whether the case goes to trial.

Finishing a case quickly is not always best. Taking time to investigate and build a strong defense is often needed to protect your future.

## Frequently Asked Questions About Criminal Case Timelines In Texas

### How Long Does A DWI Case Usually Take In Texas?

A DWI case in Texas can last from a few months to over a year. Simple first-time misdemeanor cases may finish faster if the evidence is clear and negotiations go smoothly. Cases with accidents, high blood alcohol levels, disputes over blood tests, or past convictions usually take longer. Felony DWI cases often stay open much longer because they involve more court steps and more evidence to review.

### Why Does My Court Date Keep Getting Changed?

Court dates often get changed in Texas criminal cases. This can happen because of ongoing plea talks, missing evidence, scheduling problems, unavailable witnesses, or busy courts. While it can be frustrating when dates keep changing, it is common and does not mean something is wrong with your case. Sometimes, having more time helps the defense by allowing for more investigation or legal motions.

### Can A Criminal Case Be Dismissed Because It Took Too Long?

Possibly, but dismissals based on delay are not automatic. Constitutional speedy trial protections exist under both the United States Constitution and the Texas Constitution. Courts examine the length of the delay, the reasons for it, whether the defendant demanded a speedy trial, and whether the delay caused prejudice. Many cases remain pending for long periods without dismissal if the court believes the delay was justified.

### How Long Does A Felony Case Take In Texas?

Felony cases often last six months or more than a year. Serious felonies with forensic or digital evidence, or many witnesses, can take even longer. Grand jury steps, hearings, and finding a trial date all add time. Cases that go to a jury trial usually take the longest to finish.

### What Happens If I Miss A Court Date?

Missing court can create serious legal problems. Judges may issue a warrant for your arrest and revoke your bond. Additional criminal charges may also apply in some situations. If you accidentally miss court or believe you may miss an upcoming hearing, contacting your attorney immediately is extremely important.

### Do Cases Move Faster If I Hire A Lawyer Quickly?

Hiring a lawyer early can help you avoid delays and protect your rights from the start. Your attorney can start gathering evidence, asking for discovery, talking to prosecutors, and spotting legal issues right away. Getting help early can also prevent mistakes that might make your defense harder later.

### How Long Does It Take To Get Discovery From Prosecutors?

How long it takes to get evidence from prosecutors depends on the case and how much evidence there is. Some prosecutors give basic reports quickly, but more complicated evidence like forensic tests or digital data can take much longer. Article 39.14 of the Texas Code of Criminal Procedure says prosecutors must share certain evidence, but collecting and organizing it can still take a lot of time.

### Will My Case Resolve Faster If I Plead Guilty?

In many cases, yes. Cases often finish faster when people accept plea deals early. But moving too quickly without knowing all the evidence or possible defenses can lead to serious problems later. Every case should be looked at carefully before deciding on a plea offer.

### Can Prosecutors Add Charges Later In The Case?

Yes. Prosecutors can add more charges if new evidence or lab results come in. In felony cases, charges might also change after the grand jury reviews the case. This is why it is important to keep investigating and preparing throughout your case.

### Should I Be Worried If My Case Is Taking A Long Time?

Not always. Many criminal cases take time because both sides are still investigating, negotiating, or preparing legal motions. Delays do not mean your case is getting worse. Sometimes, extra time can actually help your defense. It is very important to stay in touch with your lawyer and follow all court rules while your case is open.

## Contact Our Galveston Criminal Law Attorney For A Free Defense Consultation

If you have been arrested in Galveston or the Houston area, it is important to understand how long your criminal case might take. The choices you make early on can affect your future for years. Mark Diaz & Associates helps clients with misdemeanor and felony charges throughout Galveston and Houston.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You will not be passed off to a junior lawyer or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.

Call our [Galveston criminal defense law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help protect your rights, your record, and your future.

**Categories:** Criminal Lawyer

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### [Street Racing Laws And Penalties In Texas](https://texascriminaljustice.com/street-racing-laws-and-penalties-in-texas/)

**Published:** May 12, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Street Racing Laws And Penalties In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Street-Racing-Laws-And-Penalties-In-Texas.png "Street Racing Laws And Penalties In Texas")Street racing allegations in Texas can lead to serious criminal charges, expensive fines, license suspensions, and even jail or prison time. Many people underestimate how aggressively law enforcement agencies in [Galveston County](https://www.galvestoncountytx.gov/) and throughout Houston investigate these cases. What may begin as accusations of speeding or showing off behind the wheel can quickly escalate into charges involving reckless driving, racing on a highway, injury accidents, or felony offenses.

Police officers often rely on witness statements, videos, social media posts, dash cameras, and vehicle data when building a case. If you have been accused of street racing in Texas, it is important to understand how these charges work, what penalties may apply, and how a criminal defense lawyer may be able to challenge the allegations against you.

## How Texas Law Defines Street Racing

Texas law refers to street racing as “racing on a highway.” The offense is governed by [Texas Transportation Code §545.420](https://tcss.legis.texas.gov/resources/TN/htm/TN.545.htm). Under the statute, a person commits the offense if they participate in certain prohibited racing activities using a motor vehicle on a public roadway.

The law prohibits several types of conduct, including:

- Drag racing or acceleration contests.
- Competitive attempts to outgain or outdistance another vehicle.
- Speed competitions.
- Attempts to set speed records.
- Exhibitions of vehicle speed or acceleration.

Texas prosecutors do not need proof that money was wagered or that a formal, organized event existed. In many cases, allegations arise from claims that two or more vehicles accelerated aggressively or drove at excessive speeds while competing against one another.

The law also allows charges against passengers or organizers in some situations if prosecutors believe they knowingly participated in the illegal activity.

### Why Street Racing Charges Are Taken Seriously In Galveston And Houston

Street racing has become a major enforcement priority throughout Texas. Law enforcement agencies in Galveston County, Houston, and surrounding areas frequently conduct targeted patrols looking for racing activity on highways and city streets.

Officers often focus on areas known for late-night gatherings, modified vehicles, or complaints from residents. Social media videos and online posts are increasingly being used during investigations. In some cases, police monitor planned meetups or events before making arrests.

Prosecutors often argue that street racing creates a danger to the public because excessive speed reduces reaction time and increases the risk of severe collisions. Cases involving injuries, fatalities, or allegations of intoxication are usually prosecuted more aggressively.

### Criminal Penalties For Street Racing In Texas

The penalties for racing on a highway depend heavily on the facts of the case and whether anyone was injured.

Under [Texas Transportation Code §545.420](https://tcss.legis.texas.gov/resources/TN/htm/TN.545.htm), a first offense is generally charged as a Class B misdemeanor. A conviction can carry:

- Up to 180 days in county jail.
- A fine of up to $2,000.
- Driver’s license suspension.
- Permanent criminal record.

If a person has a prior racing conviction, the offense may be enhanced to a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.

Street racing charges become far more serious if someone suffers bodily injury or death.

If another person suffers bodily injury, the offense may become a state jail felony under Texas law. If serious bodily injury or death occurs, prosecutors may pursue felony charges carrying substantial prison exposure.

### Street Racing And Felony Charges

Many people are surprised to learn how quickly a street racing case can escalate into a felony prosecution. Texas prosecutors often combine racing allegations with other criminal charges, depending on the circumstances.

Potential felony-related allegations may include:

- Aggravated assault with a deadly weapon.
- Manslaughter under Texas Penal Code §19.04.
- Criminally negligent homicide under Texas Penal Code §19.05.
- Evading arrest with a vehicle under Texas Penal Code §38.04.
- Intoxication assault or intoxication manslaughter if alcohol is involved.

In Texas, a vehicle can sometimes be treated as a deadly weapon if prosecutors argue it was operated recklessly in a manner capable of causing death or serious bodily injury.

A felony conviction can affect employment opportunities, firearm rights, professional licensing, and future housing applications for years.

### Police Investigations In Texas Street Racing Cases

Street racing investigations often involve far more evidence than many people expect. Law enforcement officers may rely on dash camera footage, traffic camera video, witness statements, cell phone recordings, social media posts, vehicle computer data, speed calculations, and accident reconstruction reports when attempting to build a criminal case. In many situations, police officers assume a race occurred simply because vehicles were traveling at high speeds. However, excessive speed alone does not automatically prove illegal racing under Texas law. We frequently examine whether law enforcement misinterpreted the facts, relied on unreliable assumptions, or exaggerated what actually happened on the roadway.

### Defenses To Street Racing Charges In Texas

Every case is different, and the best defense strategy depends on the facts, available evidence, and the client’s prior history. In many situations, there are legal and factual defenses worth investigating.

**Challenging Whether A Race Actually Occurred**

In many cases, the central issue is whether prosecutors can prove beyond a reasonable doubt that a crime occurred. Driving fast is not always the same as competing.

For example, drivers may accelerate quickly for reasons unrelated to racing, including:

- Attempting to merge into traffic.
- Avoiding another vehicle.
- Driving recklessly without competition.
- Responding emotionally during road rage incidents.

The State must prove more than suspicion or assumptions.

**Challenging Witness Credibility**

Witness testimony can become unreliable, especially when events happen quickly at night or at high speeds. People often misjudge distances, speeds, and driver behavior.

We carefully review inconsistencies in statements and compare witness accounts against physical evidence and video footage.

**Challenging Speed Estimates**

Police estimates about speed are not always accurate. Officers sometimes rely on visual estimates instead of radar or lidar technology.

Road conditions, visibility, lighting, and distance can affect an officer’s perception. In some cases, accident reconstruction or independent analysis may contradict the State’s version of events.

### Street Racing And Vehicle Seizure Risks

In some cases, vehicles may be impounded or subject to seizure during investigations involving racing allegations. This is especially common when law enforcement believes the vehicle was modified for racing purposes or used repeatedly in illegal activity.

Losing access to a vehicle can create serious financial and personal hardships. Prompt legal action may help address issues involving impoundment or forfeiture proceedings.

### How A Street Racing Conviction Can Affect Your Future

A conviction for racing on a highway can create consequences that go beyond court fines or jail exposure. Many employers conduct background checks, and criminal allegations involving reckless driving behavior can raise concerns for future employers.

A conviction may also affect:

- Commercial driver’s license eligibility
- Auto insurance premiums
- College admissions
- Professional licensing applications
- Immigration status for non-citizens

Younger drivers often do not realize how damaging a permanent criminal record can be years later.

### Street Racing Accidents And Civil Liability

Street racing cases frequently involve civil lawsuits in addition to criminal charges. Injured drivers, passengers, or pedestrians may pursue financial claims for medical bills, lost income, and pain and suffering.

Statements made during criminal proceedings can sometimes affect civil litigation. This makes it important to approach the defense carefully from the beginning.

## Frequently Asked Questions About Street Racing Charges In Texas

### Is Street Racing Always A Criminal Offense In Texas?

Yes. Under Texas Transportation Code §545.420, racing on a highway is a criminal offense. Even a first-time allegation can lead to arrest, jail exposure, fines, and a permanent criminal record. The exact charge level depends on factors such as prior convictions, injuries, and whether the incident caused a crash. Many people assume a street racing charge is similar to a traffic ticket, but prosecutors often treat these cases much more seriously than ordinary speeding offenses.

### Can I Be Charged Even If There Was No Crash?

Yes. A crash is not required for prosecutors to file street racing charges. Law enforcement only needs to believe that drivers were engaged in prohibited racing activity on a public roadway. Officers often make arrests based on witness observations, video footage, or allegations that multiple vehicles were attempting to outdistance one another. Even without an accident, a conviction can still lead to jail time and license consequences.

### What If I Was Just Speeding But Not Racing?

This is one of the most common defenses in Texas street racing cases. Speeding alone does not automatically prove a race occurred. Prosecutors must show evidence of competition, acceleration contests, or attempts to outgain another vehicle. In some situations, police officers incorrectly assume racing based solely on high speed or loud vehicles. A careful review of video evidence, witness testimony, and roadway conditions may help challenge the allegations.

### Can Passengers Be Charged In A Street Racing Case?

Sometimes. Prosecutors may attempt to accuse passengers or organizers of participating in illegal racing activity if they believe those individuals encouraged or assisted the conduct. However, simply being present inside a vehicle does not automatically make someone guilty of a crime. The facts matter greatly, and prosecutors still carry the burden of proof.

### Can My Car Be Taken By Police After A Street Racing Arrest?

Possibly. Vehicles are often impounded following arrests involving racing allegations. In some cases, prosecutors or law enforcement agencies may attempt forfeiture actions if they claim the vehicle was repeatedly used in criminal conduct. Vehicle seizure cases can become complicated and time-sensitive, especially if valuable modifications or financing agreements are involved.

### Will A Street Racing Conviction Affect My Driver’s License?

Yes. Texas courts and the Texas Department of Public Safety may impose license suspensions or restrictions following a conviction. Insurance rates may also increase significantly. Drivers with commercial licenses can face even more severe consequences because certain convictions may affect their CDL eligibility.

### Can Street Racing Become A Felony In Texas?

Yes. Street racing allegations can quickly escalate into felony charges if bodily injury or death occurs. Prosecutors may also pursue felony allegations involving evading arrest, intoxication offenses, aggravated assault, or manslaughter, depending on the circumstances. Felony convictions carry the risk of prison time and long-term collateral consequences.

### What Happens If Someone Dies During A Street Race?

Fatal accidents connected to alleged street racing can lead to extremely serious charges, including manslaughter or criminally negligent homicide under Texas law. Prosecutors often seek aggressive penalties in these cases. The investigation usually involves accident reconstruction specialists, forensic evidence, and detailed analysis of vehicle speed and driver behavior.

### Can Social Media Be Used Against Me In A Street Racing Case?

Yes. Police and prosecutors increasingly use social media during criminal investigations. Videos, photos, text messages, online posts, and event promotions may become evidence in court. Statements made online can sometimes damage the defense if they appear to admit participation in racing activity.

### Should I Talk To The Police After A Street Racing Arrest?

In most situations, it is safer to speak with a criminal defense lawyer before answering questions from investigators. Statements made during interviews are often used by prosecutors later in court. Many people unintentionally harm their defense by trying to explain themselves without legal guidance.

## Call Our Galveston Criminal Defense Lawyers About Your Street Racing Charges

A street racing arrest can place your freedom, license, finances, and future at risk. These cases often move quickly, especially when prosecutors claim the conduct endangered other drivers or caused injuries. Mark Diaz & Associates defends clients accused of street racing and serious criminal traffic offenses in Galveston and throughout Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston defense lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and discuss your legal options. Our firm represents clients in Galveston and throughout all of Houston, Texas.

**Categories:** Criminal Defense Lawyers

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### [School Threat Charges in Texas and Legal Consequences](https://texascriminaljustice.com/school-threat-charges-in-texas-and-legal-consequences/)

**Published:** May 13, 2026
**Author:** Mark Diaz & Associates

**Content:**

![School Threat Charges in Texas and Legal Consequences](https://texascriminaljustice.com/wp-content/uploads/2026/05/School-Threat-Charges-in-Texas-and-Legal-Consequences.png "School Threat Charges in Texas and Legal Consequences")A school threat allegation can lead to immediate arrest, suspension, removal from school activities, and serious criminal charges under Texas law. Many of these cases begin with a text message, a social media post, a joke between students, a gaming chat, or a statement overheard in class. Schools and law enforcement agencies throughout[ Galveston County](https://www.galvestoncountytx.gov/) and Houston take any perceived threat seriously, especially after recent acts of school violence across the country. Even when no weapon is found and no actual attack was planned, prosecutors may still pursue criminal charges that carry life-changing consequences. Students, parents, and adults accused of making school threats often underestimate how aggressively these cases are investigated and prosecuted in Texas courts.

## How Texas Law Defines School Threat Offenses

Texas prosecutors may use several criminal statutes when pursuing school threat allegations. The exact charge depends on the wording of the statement, how it was communicated, whether fear was created, and whether authorities believe the accused intended to disrupt school operations.

One of the most common statutes used in these cases is [Texas Penal Code §22.07](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.07), which addresses terroristic threats. Under this law, a person may face criminal charges if prosecutors believe they threatened violence with the intent to:

- Cause a reaction from emergency agencies.
- Place another person in fear of serious bodily injury.
- Prevent or interrupt school activities.
- Cause impairment or interruption of public communications, transportation, or public services

A terroristic threat involving the interruption of a public place or school activity may be charged as a felony offense under Texas law.

[Texas Penal Code §42.06](https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm) also criminalizes false alarms and reports. This statute may apply when someone allegedly reports a fake bombing, shooting, or emergency involving a school campus. Depending on the circumstances, false report allegations can rise to felony-level offenses.

### Why School Threat Cases Escalate Quickly

School threat investigations move fast because law enforcement officers and school administrators are under pressure to respond immediately. Once a report is made, authorities often treat the situation as credible until proven otherwise.

In many Galveston County and Houston-area cases, investigators may:

- Search phones, computers, and social media accounts.
- Interview classmates and teachers.
- Execute search warrants.
- Remove students from campus.
- Conduct emergency mental health evaluations.
- Seek felony charges before a full investigation is completed.

A teenager may believe they made a joke or sarcastic comment, while law enforcement interprets the statement as a criminal threat. Once the accusation enters the system, the consequences can become serious very quickly.

### Terroristic Threat Charges Under Texas Penal Code §22.07

Texas Penal Code §22.07 contains several categories of terroristic threat offenses. Prosecutors often focus heavily on whether the alleged threat disrupted school operations or caused fear among students or staff.

The severity of the offense depends on the facts alleged by the State.

For example:

- A Class B misdemeanor may apply if prosecutors claim the statement caused fear of imminent serious bodily injury.
- A Class A misdemeanor may apply if the threat involved family members or public fear.
- A state jail felony may apply if the alleged conduct interrupted school activities or public services.

When schools shut down classrooms, delay dismissal, increase security, or evacuate students, prosecutors often argue that the alleged statement disrupted normal operations and supports felony prosecution.

### Social Media Posts And Online Statements

[Many school threat cases today involve online communication](https://navigate360.com/blog/digital-dangers-student-behavior-what-school-leaders-need-to-know-about-social-media-threats-today/) rather than face-to-face statements. Snapchat, Instagram, TikTok, Discord, gaming chats, and text messages frequently become evidence in criminal investigations.

Students sometimes post violent lyrics, memes, jokes, or emotional comments without understanding how others may interpret them. Once screenshots circulate, school officials often contact police immediately.

Even deleted content can become evidence. Investigators may obtain search warrants for digital devices and social media records. Prosecutors often attempt to prove intent through surrounding conversations, emojis, internet searches, or prior statements.

The fact that a statement was made online does not prevent criminal prosecution under Texas law.

### School Threat Charges Against Juveniles

Many school threat cases involve minors. Juvenile defendants face a separate court system, but the consequences can still be severe. Texas juvenile courts have broad authority when handling these allegations. Depending on the facts of the case, a juvenile may be placed on probation, ordered to complete counseling, required to perform community service, or placed in a juvenile detention facility. Schools may also remove students from extracurricular activities, athletic programs, and other school functions while the case is pending. In some situations, the allegations can create long-term educational consequences that affect future opportunities.

In certain serious cases, prosecutors may seek to transfer juveniles to adult court. This can significantly increase the potential penalties and long-term impact of a conviction. Parents are often surprised by how aggressively schools and law enforcement respond to these allegations, even when there was no weapon, no physical injury, and no actual plan to carry out violence.

### The Importance Of Intent In School Threat Cases

Intent is often one of the most heavily disputed issues in school threat prosecutions. Prosecutors generally must show that the accused intended the statement to be taken seriously or intended to create fear, disruption, or an emergency response. The context surrounding the statement frequently becomes central to the case.

Many defense cases involve comments that prosecutors interpret differently from what the accused intended. Some allegations stem from jokes taken out of context, reposted internet content, song lyrics, emotional outbursts, or sarcasm misunderstood by others. In some situations, classmates exaggerate statements or falsely accuse another student after conflicts or disagreements. Teenagers, especially, may not fully understand how quickly an immature or reckless comment can escalate once school administrators and law enforcement become involved.

Intent cannot simply be inferred from someone feeling offended or alarmed. Prosecutors still must prove the legal elements of the offense beyond a reasonable doubt, and the surrounding facts matter significantly.

### Constitutional Issues In School Threat Cases

[Some school threat prosecutions raise important First Amendment concerns](https://www.aclu.org/news/free-speech/what-the-first-amendment-really-protects). Not every offensive, immature, or disturbing statement qualifies as a criminal threat under the Constitution. Courts often examine whether the statement constituted protected speech, exaggeration, sarcasm, or a true threat intended to create fear or violence.

Statements made online, during private conversations, or in emotional situations sometimes become the focus of constitutional challenges. Prosecutors still must prove that the communication meets the legal definition of a criminal threat under Texas law. The fact that a statement upset someone or caused concern does not, in itself, make the speech criminal.

These cases often involve close examination of the language used, the surrounding circumstances, and the accused person’s intent at the time the statement was made.

### False Reports And Hoax Threat Allegations

[False reports involving schools can result in serious criminal penalties](https://catalog.utdallas.edu/2025/graduate/policies/false-alarms) under Texas Penal Code §42.06. These cases may involve allegations concerning fake active shooter reports, bomb threats, swatting incidents, false emergency calls, or anonymous threatening messages directed toward a school campus.

Law enforcement agencies usually investigate these allegations aggressively because of the potential danger and public panic they can create. Investigations may involve local police departments, school district officers, state investigators, and sometimes federal agencies. Authorities often use digital evidence, phone records, internet data, and witness interviews to identify suspects.

A felony conviction involving a false report or hoax threat can carry prison exposure, substantial fines, and permanent criminal consequences that follow a person for years.

### Consequences Beyond Criminal Penalties

Even when a school threat case does not result in incarceration, the effects can continue long after the criminal proceedings end. Students and adults accused of these offenses often face serious personal, educational, and professional consequences.

Schools may impose suspensions, expulsions, or placement in alternative education programs before the criminal case is resolved. Students can lose scholarships, extracurricular opportunities, and college admission prospects. Adults may face professional licensing problems, employment difficulties, and damage to their personal reputation. Public accusations involving threats against schools often attract significant attention, which can create lasting embarrassment and social consequences.

Many people underestimate how much these allegations can affect future opportunities, even if the accused person never intended to carry out violence.

### Defending Against School Threat Allegations

A strong defense begins with a careful review of the evidence, witness statements, and context surrounding the accusation. School threat cases often involve misunderstandings, exaggerated reports, or statements taken out of context. The specific wording of the statement, the surrounding circumstances, and the accused person’s intent all matter.

Defense strategies may focus on whether the statement legally qualifies as a true threat, whether witnesses accurately reported what was said, and whether prosecutors can actually prove criminal intent. Some cases involve unlawful searches of phones, computers, or social media accounts. Others involve incomplete screenshots or digital evidence that fails to show the full conversation.

Early intervention is often critical. Statements made to school administrators or law enforcement investigators can later become evidence in court. Parents and students should take these investigations seriously from the beginning and understand that even informal conversations with authorities may have lasting legal consequences.

### Digital Evidence Often Becomes Central

Modern school threat cases frequently rely on electronic evidence. Prosecutors may present:

- Screenshots
- Text message logs
- Social media posts
- Cloud backups
- Search histories
- Direct messages
- Video recordings

Defense counsel must closely review how evidence was obtained and whether investigators preserved the full context of conversations.

A single screenshot may not accurately reflect an entire exchange.

### Mental Health Issues And School Threat Cases

Mental health concerns sometimes play a major role in school threat investigations. Anxiety, depression, bullying, isolation, or emotional crises may contribute to statements that later become criminal allegations.

While mental health conditions do not automatically excuse criminal conduct, they may become important factors during negotiations, sentencing discussions, or court-ordered evaluations.

Schools and courts increasingly examine behavioral history when evaluating these cases.

## Why Early Legal Representation Matters

Many people make the mistake of believing they can explain the situation to investigators without legal counsel. Unfortunately, statements intended to clarify the situation may later be used by prosecutors to support criminal charges.

Early legal representation allows defense counsel to:

- Communicate with investigators
- Protect constitutional rights
- Review evidence promptly
- Prevent harmful statements
- Address school disciplinary proceedings.
- Begin defense preparation immediately.

School threat allegations can escalate quickly, especially when media attention or public pressure is involved.

## Frequently Asked Questions About School Threat Charges In Texas

### Can A Joke About A School Shooting Lead To Criminal Charges?

Yes. Texas prosecutors may file criminal charges even if the accused claims the statement was intended as a joke. Schools and law enforcement agencies often respond aggressively to any comment involving violence, shootings, bombs, or threats against campuses. Investigators may examine the wording, surrounding circumstances, witness reactions, and whether school operations were disrupted. While intent remains important, the fact that someone later claims they were joking does not automatically prevent prosecution.

### What Is A Terroristic Threat Under Texas Law?

Texas Penal Code §22.07 defines terroristic threats as threats to commit violence intended to create fear, disrupt public services, interrupt school activities, or cause emergency response actions. The offense level depends on the circumstances. Some cases remain misdemeanors, while others become felony charges if schools or public operations were interrupted.

### Can A Student Be Arrested For A Social Media Post?

Yes. Many school threat arrests involve Snapchat, Instagram, TikTok, Discord, or text messages. Prosecutors do not need the statement to occur in person. Online posts, memes, screenshots, or messages sent privately can become evidence in criminal investigations if authorities believe the communication involved threats of violence.

### What Happens If Police Search A Student’s Phone?

Police may attempt to obtain consent, seize devices, or seek search warrants for electronic evidence. The legality of the search depends on the circumstances. Statements, messages, deleted content, photos, and search history may become evidence in court. Defense lawyers often review whether investigators followed constitutional procedures when obtaining digital evidence.

### Are School Threat Charges Always Felonies?

No. Some school threat cases are charged as misdemeanors, while others become felony offenses. Factors that affect the charge level include alleged intent, prior criminal history, disruption caused to school operations, and whether false emergency reports were made. Prosecutors frequently pursue felony charges when schools evacuate students or suspend activities because of the alleged threat.

### Can Juveniles Be Tried As Adults For School Threat Allegations?

Sometimes. Most juvenile cases remain in juvenile court, but prosecutors may seek transfer to adult court in certain serious cases involving older minors. The decision depends on factors such as age, prior history, and the nature of the allegations.

### Will A School Suspend Or Expel A Student Before Court?

Often, yes. Schools may impose disciplinary measures before the criminal case is resolved. Suspension, expulsion, removal from activities, or placement in alternative education programs may occur quickly after allegations surface. School disciplinary proceedings are separate from criminal court proceedings.

### What If Someone Else Reported The Statement Incorrectly?

False accusations and misunderstandings occur in school threat cases. Witnesses may exaggerate statements, misinterpret sarcasm, or repeat rumors inaccurately. Context matters significantly. Defense attorneys often examine the full communication history, witness credibility, and inconsistencies in statements provided to investigators.

### Can School Threat Charges Affect College Admissions?

Yes. Criminal charges, disciplinary findings, suspensions, or expulsions can affect college applications, scholarship opportunities, and future educational plans. Even unresolved allegations may create complications during background checks or admissions reviews.

### Should Parents Allow Their Child To Speak With School Investigators Alone?

Parents should proceed carefully. Statements made during school interviews may later become evidence in criminal proceedings. Even informal conversations with administrators or school resource officers can have legal consequences. It is often important to understand the scope of the investigation before allowing detailed questioning.

### What Should Someone Do After Being Accused Of Making A School Threat?

The situation should be taken seriously immediately. Avoid discussing the case on social media or with classmates. Preserve potential evidence, including messages and screenshots. Do not attempt to delete content after learning of an investigation. Early legal representation can help protect rights and address both criminal and school disciplinary issues.

## Contact Our Galveston Criminal Defense Attorneys To Defend Your Child’s Case

School threat allegations can place a student, parent, or adult in an extremely stressful position. These cases often move quickly, and prosecutors may aggressively pursue criminal penalties even when no violence occurred. Mark Diaz & Associates represents individuals facing school threat investigations and criminal charges in Galveston and throughout the Houston area.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense attorneys](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and discuss your legal options. The firm represents clients in Galveston and throughout all of Houston, Texas.

**Categories:** Criminal Defense Lawyer

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### [Disorderly Conduct Charges Explained](https://texascriminaljustice.com/disorderly-conduct-charges-explained/)

**Published:** May 15, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Disorderly Conduct Charges Explained](https://texascriminaljustice.com/wp-content/uploads/2026/05/Disorderly-Conduct-Charges-Explained.png "Disorderly Conduct Charges Explained")A disorderly conduct charge can feel confusing because it often starts with a fast-moving public argument, a misunderstanding, a loud disagreement, a police call, or an incident that escalated for only a few minutes. Many people charged with disorderly conduct in [Galveston County](https://www.galvestoncountytx.gov/) are not accused of causing serious injury or committing a major crime. They may have been arrested after an argument at a bar, a disagreement near the Seawall, a disturbance outside a home, a confrontation after a traffic incident, or a loud exchange in a public place.

Even when the charge is a misdemeanor, it can still affect employment, housing, school discipline, immigration concerns, professional licensing, and a person’s record. We take these cases seriously because a disorderly conduct allegation can follow a person long after the noise, anger, or confusion of the original incident has passed.

## What Disorderly Conduct Means Under Texas Law

Disorderly conduct is covered by Texas Penal Code Section 42.01. The statute includes several different types of conduct, so the exact allegation matters. Texas law does not treat every loud argument or rude comment as a crime. The State must prove the specific conduct alleged, the required mental state, and the surrounding circumstances.

Under Texas Penal Code Section 42.01, a person may commit disorderly conduct if the person intentionally or knowingly does certain acts, including using abusive, indecent, profane, or vulgar language in a public place when that language tends to incite an immediate breach of the peace. The statute also covers:

- Making an offensive gesture or display in a public place when it tends to incite an immediate breach of the peace.
- Creating an unreasonable odor by chemical means, abusing or threatening a person in an obviously offensive manner in a public place.
- Making unreasonable noise in or near a private residence that the person has no right to occupy.
- Fighting with another person in a public place.
- Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm.
- Discharging a firearm in a public place other than a public road or a sports shooting range.

Texas Penal Code also includes certain conduct involving exposure in public and peeping into dwellings or private areas.

Because the statute covers many different situations, we do not treat “disorderly conduct” as one single accusation. A fighting allegation is different from a noise allegation. A firearm display allegation is different from an offensive language allegation. A public gesture case is different from a discharge-of-firearm case. The defense should match the exact accusation.

### Why The Exact Allegation Matters

One of the first things we review is how the person was charged. The complaint, citation, police report, probable cause affidavit, and court paperwork may use the words “disorderly conduct,” but we need to know which part of Texas Penal Code Section 42.01 the State is relying on. That specific subsection controls what the prosecutor must prove.

For example, a case based on allegedly abusive language in a public place requires proof that the language tended to incite an immediate breach of the peace. That is not the same as proving someone was rude, angry, loud, or disrespectful. A case based on fighting requires proof that the accused fought with another person in a public place. A case based on unreasonable noise requires proof that the noise was unreasonable and that the location and circumstances meet the statute.

This distinction matters because many disorderly conduct cases involve speech. Texas law must be applied in a way that respects constitutional protections. Not every insult, curse word, complaint, or argument can become a criminal conviction. Police may step in to calm a situation, but calming a situation is not the same as proving every element of a crime beyond a reasonable doubt.

### Disorderly Conduct Is Usually A Class C Misdemeanor

Most disorderly conduct charges under Texas Penal Code Section 42.01 are Class C misdemeanors. A Class C misdemeanor in Texas is punishable by a fine not to exceed $500 under Texas Penal Code [Section 12.23](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.23&utm_).

A Class C misdemeanor does not carry jail time as the direct sentence, but that does not mean the case is harmless. A conviction can still create a criminal record. It may appear in background checks. It can create problems for employment, apartment applications, school discipline, military enlistment, immigration review, or professional licensing. For young people, college students, tourists, workers, and licensed professionals, the record may be the biggest concern.

Many people are tempted to pay a fine just to make the case go away. That can be a mistake. Paying a fine can function as a conviction in many situations. Before resolving a disorderly conduct case, a person should understand whether dismissal, deferred disposition, a trial setting, record-clearing options, or another result may be available.

### When Disorderly Conduct Can Be A Class B Misdemeanor

Some disorderly conduct allegations are more serious. Texas Penal Code Section 42.01 provides that disorderly conduct is generally a Class C misdemeanor unless it is committed under Subsection (a)(7) or (a)(8). Those subsections involve discharging a firearm in a public place other than a public road or sport shooting range, or displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm. Those allegations are [Class B misdemeanors](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.42.pdf?utm_).

A Class B misdemeanor carries more serious punishment exposure. Texas Penal Code Section 12.22 provides that a Class B misdemeanor may be punished by a fine of up to $2,000, confinement in jail for up to 180 days, or both.

This is an important difference. A firearm-related disorderly conduct case is not a simple ticket. It may involve arrest, bond conditions, firearm restrictions, jail exposure, and long-term consequences. We treat those cases differently because the risks are higher and the facts are often more disputed. The defense may need to address whether the item was legally a firearm or deadly weapon, whether the display occurred in a public place, whether the conduct was calculated to alarm, and whether witnesses misunderstood what happened.

### What We Look For In The Evidence

When we review a disorderly conduct case, we want the full picture. We look for body camera footage, dash camera footage, 911 calls, dispatch notes, police reports, witness statements, photographs, private surveillance video, cell phone video, bar or restaurant records, hotel reports, and social media posts when relevant.

The police report often gives only one version of events. Video may show that the accused was calmer than described, that another person started the confrontation, that police missed key facts, or that the alleged conduct did not match the charge. Witnesses may disagree. Some may be biased. Some may have been drinking. Some may have seen only the end of the incident.

We also ask what happened before the police arrived. Many disorderly conduct cases begin with a longer conflict. The person arrested may have been responding to threats, harassment, unwanted contact, or a physical attack. Context can change how the case should be viewed.

## Galveston County Disorderly Conduct Charges FAQs

### What Does “Breach Of The Peace” Mean In A Disorderly Conduct Case?

A breach of the peace generally refers to conduct that threatens public order, safety, or immediate public disturbance. In disorderly conduct cases involving language or gestures, the State may need to show that the words or conduct tended to provoke an immediate violent or disruptive response. That standard is different from merely offending someone. A person can be rude, angry, insulting, or immature without committing a crime. We look at whether anyone actually reacted, whether violence was likely, whether police had already separated the people involved, whether the situation was public, and whether the accused person’s conduct truly fit the statute. The phrase can be fact-specific, so video and witness statements often play an important role.

### Can Disorderly Conduct Be Dismissed?

Yes, a disorderly conduct case may be dismissed depending on the facts, evidence, court, prosecutor, and defense strategy. Dismissal may occur if the State cannot prove the elements, if the officer charged the wrong person, if witnesses are unreliable, if the video contradicts the report, if the alleged speech was protected, or if the prosecutor agrees to a compliance-based resolution. Some cases may be eligible for deferred disposition or other outcomes that may help protect the person’s record. We cannot promise a dismissal in every case, but we look for every available path. The earlier we can review the paperwork, video, and witness information, the better we can evaluate the defense.

### Should I Just Pay The Fine For Disorderly Conduct?

You should be careful before paying the fine. Many people believe paying a fine is the fastest and easiest way to end the case. The problem is that payment may be treated as a conviction in many situations. That can create a criminal record and may affect future record-clearing options. Before paying, it is wise to understand the charge, the court process, and whether another result may be available. In some cases, it may be possible to seek dismissal, deferred disposition, or another resolution that is better than a conviction. We advise clients to slow down and review the consequences before making a decision that cannot easily be undone.

### What If The Police Report Is Wrong?

Police reports can be incomplete or inaccurate. Officers may rely on upset witnesses, arrive after the main event, misunderstand what they saw, or leave out facts that help the accused. A police report is not the same as proof beyond a reasonable doubt. We compare the report with body camera footage, dash camera footage, 911 calls, dispatch notes, witness accounts, photographs, and any private video. If the report exaggerates the conduct or ignores important context, we use that information in the defense. Clients should also write down their memories of the event while it is fresh. Small details can matter later.

### Will A Disorderly Conduct Charge Show Up On A Background Check?

It can. Whether it appears depends on the court, disposition, background check company, and record history. A conviction is more likely to create problems than a dismissal. Even dismissed cases can sometimes appear in records unless they are later cleared through the proper legal process. This is one reason we focus on the record from the beginning. A small fine may seem easier today, but a record can cause problems months or years later. We discuss possible outcomes and record-clearing options with clients so they understand the long-term impact before resolving the case.

## Call Our Galveston Disorderly Conduct Attorney For A Free Consultation

If you were charged with disorderly conduct in Galveston County, Mark Diaz & Associates can help you understand the accusation, the possible penalties, and the defense options that may apply. We represent clients in Galveston, throughout all of Houston, Texas, and in surrounding communities. A disorderly conduct case may sound minor at first, but it can still affect your record, your job, your school, your license, and your future. Before you pay a fine or accept a quick result, it is important to understand what that decision may mean.

When you hire Mark, you work directly with him. His clients have his personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, Mark remains personally involved and accessible.

Call our [Galveston County criminal defense lawyer](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) about your disorderly conduct charge in Galveston, Houston, or the surrounding Texas area.

**Categories:** Disorderly Conduct

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### [Travel Restrictions With A Criminal Record](https://texascriminaljustice.com/travel-restrictions-with-a-criminal-record/)

**Published:** May 16, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Travel Restrictions With A Criminal Record](https://texascriminaljustice.com/wp-content/uploads/2026/05/Travel-Restrictions-With-A-Criminal-Record.png "Travel Restrictions With A Criminal Record")Travel issues can come up long after a criminal case ends. Many people think that once they finish probation, pay fines, or serve their sentence, the problem is over. But a criminal record can still cause trouble when traveling in the U.S. or abroad. We often hear from people in [Galveston](https://www.galvestontx.gov/) and Houston who are denied entry to other countries, delayed at airports, questioned by customs, or restricted by court orders from an open case. These problems can affect family vacations, work trips, cruises, immigration, and business plans. If you have an arrest record, conviction, probation, or pending charges, it’s important to know how Texas criminal law and federal travel rules work together.

## How A Criminal Record Can Affect Travel

A criminal record can affect your travel in different ways, depending on the type of offense, the status of your case, and where you want to go. Some restrictions come from Texas courts, while others are set by federal agencies or other countries.

If you have pending criminal charges, you might have bond conditions that limit travel outside Texas or the U.S. If you have a past conviction, you could have trouble getting a passport or entering another country. Even arrests without convictions can sometimes cause delays during international screening.

Travel restrictions are usually stricter for felony charges, drug crimes, family violence, sex offenses, or crimes involving children.

### Travel Restrictions During A Pending Texas Criminal Case

When someone is arrested in Galveston County or Harris County, the court may impose bond conditions under [Article 17.40](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-17-40/) of the Texas Code of Criminal Procedure. This statute allows judges to impose reasonable conditions related to public safety and ensuring the defendant appears in court.

Felony cases often come with travel restrictions, such as limits on leaving the county, state, or country. Some courts also require defendants to give up their passports while the case is ongoing.

If someone breaks a travel restriction set as a bond condition, the court can revoke their bond and issue a warrant for arrest. Prosecutors may also claim that traveling without permission means the person is a flight risk.

We often help clients ask for permission to travel for work, family emergencies, or planned vacations. Courts may approve these requests if they are clearly explained and documented.

### International Travel Restrictions After A Criminal Conviction

Many countries have strict entry rules for people with criminal records. Even if Texas law lets you travel after your sentence, another country might still refuse to let you in.

Canada is especially strict about criminal convictions. A DWI, assault, or drug crime can make you inadmissible under Canadian immigration law. This often surprises Texans, since DWI charges are common in state courts.

Certain countries may deny entry for:

- Felony convictions
- Drug offenses
- Crimes involving moral turpitude
- Domestic violence offenses
- Weapons charges
- Sex offenses

Cruise travel can be tricky because many cruises stop at international ports. If you are denied entry at a foreign port, you might be removed from the cruise itinerary.

### Passports And Criminal Convictions

Not all criminal convictions stop you from getting a passport, but some offenses can make it much harder.

Federal law under [22 U.S.C. §2714](https://www.law.cornell.edu/uscode/text/22/2714) allows passport denial or revocation in certain circumstances involving felony drug trafficking convictions or international drug offenses. Individuals with active federal warrants or certain court orders may also face restrictions.

People owing substantial child support obligations can also encounter passport denial issues under federal law.

In Texas, courts may order someone to give up their passport while charges are pending. This is common in serious felony cases when prosecutors think the person might try to leave the country.

### Sex Offender Registration And Travel Restrictions

Travel restrictions become especially complicated for individuals required to register as sex offenders under [Chapter 62](https://statutes.capitol.texas.gov/docs/CR/htm/CR.62.htm) of the Texas Code of Criminal Procedure.

Texas law imposes reporting requirements for registered sex offenders who plan to travel or relocate. Failure to comply with registration requirements can result in additional felony charges.

Federal law under the International Megan’s Law also creates passport restrictions for some offenders convicted of certain sex-related offenses involving minors. Some passports may contain identifying markings, and advance notice requirements may apply before international travel.

Many countries completely deny entry to people with sex offense convictions. Others may detain or question travelers at length when they arrive.

### Probation And Community Supervision Travel Limits

People on probation, also known as community supervision in Texas, often have travel restrictions set by the court.

Under [Article 42A](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A) of the Texas Code of Criminal Procedure, courts may impose conditions requiring defendants to remain within a specific geographic area unless permission is granted.

Standard probation conditions often require:

- Permission before leaving Texas
- Advance notice to probation officers
- Court approval for international travel
- Compliance with supervision reporting requirements

If you break probation travel rules, the court can file a motion to revoke your supervision, which could lead to jail or prison time.

We often help clients get travel permission for work, military service, medical needs, or family emergencies.

### Federal Watchlists And Border Screening

Travelers with criminal records often face extra scrutiny at airports and border crossings. Customs and Border Protection officers can check records and question people entering the U.S.

Even dismissed cases or old arrests can show up in databases during screening. While an arrest by itself does not always stop you from traveling, it can cause delays or extra questions.

Drug-related allegations frequently trigger enhanced scrutiny. Border agents may review criminal history information carefully when evaluating admissibility concerns.

It’s important to know that lying to federal officers during questioning can lead to separate criminal charges under federal law.

### DWI Convictions And International Travel Problems

Many Texans are surprised to find out how much a DWI conviction can affect international travel. Texas may treat some DWI offenses as misdemeanors, but other countries may see them differently.

Canada, in particular, treats impaired driving offenses very seriously. A single DWI conviction may result in inadmissibility unless special waivers or rehabilitation applications are approved.

Felony DWI convictions can create even greater complications. Some countries evaluate the potential sentence under Texas law rather than the sentence actually imposed.

This means even older convictions can interfere with business trips, vacations, or cruises departing from Texas ports.

### Domestic Violence Convictions And Travel Consequences

Family violence convictions under Texas law can create both travel and firearm-related consequences.

Under [Texas Family Code §71.004](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=71.004), family violence allegations involve conduct against family members, household members, or dating partners. Convictions or protective orders can create federal firearm restrictions under 18 U.S.C. §922(g).

Certain countries deny entry to travelers with domestic violence convictions because they are classified as crimes involving violence or moral turpitude.

Pending protective orders may also limit interstate travel or create problems during immigration screening.

### Drug Offenses And Border Problems

Drug convictions often create some of the most severe travel-related consequences. International border authorities frequently treat controlled substance offenses harshly.

Texas Health and Safety Code Chapter 481 governs controlled substance offenses in Texas. Even lower-level possession convictions can create travel complications years later.

Drug trafficking allegations are especially serious because they may trigger federal passport restrictions or enhanced international scrutiny.

Travelers with prior drug convictions should carefully evaluate potential admissibility issues before making international travel plans.

## Frequently Asked Questions About Travel Restrictions With A Criminal Record

### Can I Leave Texas If I Have Pending Criminal Charges?

Possibly, but it depends on the bond conditions imposed by the court. Many defendants released on bond are allowed to travel freely within Texas, while others face restrictions limiting travel outside the county or state. Felony cases are more likely to involve stricter conditions. Before traveling, it is important to review the bond paperwork carefully and obtain court approval if necessary. Traveling without permission can lead to bond revocation and additional legal problems.

### Can A Felony Conviction Prevent Me From Getting A Passport?

Some felony convictions can create passport restrictions under federal law. Drug trafficking convictions connected to international border activity are among the most common reasons for denial or revocation. Courts may also restrict passport use during pending criminal proceedings. However, many people with felony convictions are still legally able to obtain passports. The specific offense and case circumstances matter.

### Will Canada Let Me Enter With A Texas DWI Conviction?

Canada treats impaired driving offenses seriously, including DWI convictions from Texas. Even a misdemeanor DWI may result in inadmissibility. Some travelers apply for criminal rehabilitation or temporary resident permits to seek entry approval. The process can take time, and approval is not guaranteed. Travelers should evaluate these issues before booking flights or cruises involving Canadian ports.

### Can I Travel Internationally While On Probation In Texas?

International travel while on probation usually requires advance approval from the court or probation officer. Many probation terms specifically prohibit leaving Texas or the United States without permission. Unauthorized travel can trigger revocation proceedings. Courts may approve travel for legitimate reasons, especially when the defendant has complied with all supervision conditions.

### Does An Arrest Without Conviction Affect International Travel?

It can. Some countries ask about arrests rather than convictions, and border agents may still see arrest information in certain databases. While arrests alone do not automatically prohibit travel, they may lead to delays, questioning, or additional screening. An expunction may help remove qualifying arrest records from public access.

### Can I Go On A Cruise With A Criminal Record?

Many people with criminal records can still take cruises, but problems sometimes arise at international ports. Cruise lines and foreign countries may deny boarding or entry depending on the offense involved. Drug offenses, violent crimes, and sex offenses tend to create the greatest complications. Because cruises from Galveston often involve foreign destinations, travelers should evaluate possible restrictions ahead of time.

### Do Sex Offenders Face Additional Travel Restrictions?

Yes. Registered sex offenders in Texas must comply with reporting requirements under Chapter 62 of the Texas Code of Criminal Procedure. International travel may trigger advance notification obligations under federal law. Certain countries refuse entry entirely to travelers with qualifying sex offense convictions. Violating registration requirements can result in new criminal charges.

### Can A Protective Order Affect Travel?

Yes. Protective orders can impose restrictions on movement, contact with certain individuals, and firearm possession. In some situations, crossing state lines in violation of a protective order can create federal criminal exposure. Travel involving custody disputes or family violence allegations should be handled carefully.

### Will Border Agents See My Texas Criminal Record?

Federal border agencies often have access to criminal history databases. Prior arrests, convictions, warrants, and probation status may appear during screening. Travelers may be questioned about their criminal history when entering or leaving the country. Attempting to conceal or lie about a criminal history can create additional legal problems.

### Can A Criminal Record Be Cleared In Texas?

Some records may qualify for expunction or nondisclosure under Texas law. Eligibility depends on the type of offense, the outcome of the case, and waiting periods established by statute. Expunctions completely remove qualifying records from public access, while nondisclosure orders limit disclosure in many situations. Clearing a record can improve travel-related opportunities and reduce background check problems.

## Call Our Galveston County Criminal Defense Lawyers To Fight Your Charges

Travel restrictions from a criminal record can affect your job, family plans, immigration, and your ability to travel freely. Whether you have a pending case, probation, passport issues, or travel problems after a conviction, having an experienced lawyer can make a big difference.

Mark Diaz & Associates represents clients in Galveston and throughout the city of Houston, Texas, in criminal defense matters involving felony charges, DWI cases, drug offenses, assault allegations, federal investigations, and criminal record issues affecting travel.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston County criminal defense lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and learn about the legal options available in your case.

**Categories:** Criminal Defense Lawyer

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### [Castle Doctrine Vs Self-Defense in Texas: Key Differences](https://texascriminaljustice.com/castle-doctrine-vs-self-defense-in-texas-key-differences/)

**Published:** May 17, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Castle Doctrine Vs Self-Defense in Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Castle-Doctrine-Vs-Self-Defense-in-Texas.png "Castle Doctrine Vs Self-Defense in Texas")Protecting yourself or your family during a violent situation is one of the most serious challenges anyone can face. In [Galveston](https://www.galvestontx.gov/) and across Texas, the law gives people the right to defend themselves in certain situations, but these rights have limits. Many people use the terms “Castle Doctrine” and “self-defense” as if they mean the same thing, but under Texas criminal law, they are different. This difference is important because misunderstanding when force is legally allowed can lead to felony charges, prison time, and major consequences. We often help people in Galveston and the Houston area who thought they acted within the law, but later faced criminal investigation after using force.

## Understanding Self-Defense Under Texas Law

Texas law allows a person to use force in some situations when they reasonably believe it is immediately necessary to protect themselves from another person’s unlawful force. The primary self-defense statute is [Texas Penal Code §9.31.](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=9.31)

In Texas, a person is justified in using force against another when and to the degree the person reasonably believes the force is immediately necessary to protect against another’s use or attempted use of unlawful force.

The law puts a strong emphasis on what is reasonable. Prosecutors, police, judges, and juries look closely at what happened just before the incident and whether the response made sense in that situation. Self-defense claims can get complicated quickly, especially if witnesses disagree or there is little video evidence.

Texas law does not allow a person to provoke violence and then later claim self-defense. Under Texas Penal Code §9.31(b), self-defense may not apply if the individual provoked the other person’s use or attempted use of force unless the person clearly abandoned the encounter and communicated that intent.

This part of the law is especially important in cases like bar fights, neighborhood arguments, road rage, and domestic disputes. Many criminal cases depend on whether the accused was trying to stop a threat or made the situation worse.

### What The Castle Doctrine Means In Texas

The Castle Doctrine is similar to self-defense, but it only applies in certain places and situations. Texas law gives people stronger legal protection when they defend themselves in their home, vehicle, or workplace.

[Texas Penal Code §9.32](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=9.32) addresses the use of deadly force in defense of a person. Under this statute, deadly force may be justified when a person reasonably believes it is immediately necessary to protect against another person’s use or attempted use of unlawful deadly force or to stop certain violent crimes.

The Castle Doctrine creates an important legal presumption in some cases. Texas Penal Code §9.32(b) states that a person’s belief that deadly force was immediately necessary is presumed reasonable when someone unlawfully and forcefully enters or attempts to enter the person’s occupied habitation, vehicle, or workplace.

This legal presumption can have a big impact on how prosecutors look at a case. It means they focus more on what the intruder did, not just on the actions of the person defending themselves.

The term “Castle Doctrine” comes from the long-standing principle that a person’s home is their castle. Texas law extends that principle beyond the home to include occupied vehicles and workplaces in certain situations.

### The Difference Between Force And Deadly Force

A key part of Texas self-defense law is knowing the difference between ordinary force and deadly force.

Texas Penal Code §9.01(3) defines deadly force as force intended or known by the actor to cause, or in the manner of its use capable of causing, death or serious bodily injury.

Not every act of self-defense uses deadly force. For example, pushing someone away during an assault is usually ordinary force, while firing a gun at someone is usually deadly force.

Deadly force cases receive far greater scrutiny from law enforcement and prosecutors because they often involve severe injury or death. Investigators will carefully review whether the level of force matched the level of the threat.

Even when someone believes they acted lawfully, they may still face charges such as aggravated assault under Texas Penal Code [§22.02](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.02&Date=5/30/2025) or homicide offenses under Texas Penal Code [Chapter 19](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=19).

### Stand Your Ground And How It Relates To The Castle Doctrine

Texas is commonly referred to as a “Stand Your Ground” state. This concept is related to the Castle Doctrine but is not identical.

Under Texas Penal Code §9.32(c), a person who has a legal right to be present at the location, who did not provoke the encounter, and who is not engaged in criminal activity generally has no duty to retreat before using deadly force.

This means Texas law usually does not require someone to run away before defending themselves. Still, prosecutors will look at whether the response was reasonable in the situation.

Not having a duty to retreat does not mean every use of force is legal. Self-defense claims still depend on the facts, what witnesses say, forensic evidence, and whether the person’s fear was reasonable at the time.

### When Self-Defense May Fail

Many people assume that claiming self-defense guarantees they will avoid charges. That is not true under Texas law.

Self-defense arguments may fail when evidence suggests the accused:

- Started the confrontation
- Used excessive force
- Continued using force after the threat ended
- Was committing another crime during the incident
- Acted out of revenge instead of protection

Cases involving mutual combat are especially difficult. When both sides willingly engage in violence, determining who acted lawfully can become extremely complicated.

We often see cases where someone thought they were defending themselves, but things like text messages, video footage, social media posts, or witness statements told a different story to prosecutors.

### How Prosecutors Evaluate Castle Doctrine Claims

Castle Doctrine cases are not automatically closed simply because the incident occurred inside a home or vehicle. Law enforcement still conducts investigations, interviews witnesses, reviews forensic evidence, and presents information to prosecutors.

Galveston County prosecutors may analyze several important issues, including whether the alleged intruder unlawfully entered the property, whether the accused reasonably feared violence, and whether deadly force was necessary under the circumstances.

Texas Penal Code §9.32 does provide strong protections, but prosecutors may challenge a claim if they believe the evidence contradicts the defendant’s version of events.

Cases sometimes become more difficult when the accused knew the alleged intruder personally. Domestic disputes, family conflicts, and arguments involving roommates can create factual disputes about consent to enter the property.

### Firearms And Self-Defense Cases In Texas

Texas has broad firearm rights, but gun ownership does not create unlimited authority to use a weapon. The use of a firearm during a confrontation immediately raises the stakes of any criminal investigation.

When police respond to a shooting, investigators usually treat the scene as a potential homicide or aggravated assault investigation until they determine otherwise.

What you say right after an incident can become important evidence. People often say things that are emotional or not accurate when they are stressed. Even if a shooting is legally justified, you could still be arrested depending on the evidence at the scene.

Anyone involved in a self-defense shooting should understand that investigators may examine 911 recordings, body camera footage, ballistics evidence, medical records, witness statements, and digital communications.

The prosecution may also analyze whether the accused had opportunities to avoid the confrontation or de-escalate the situation.

## FAQs About Castle Doctrine And Self-Defense In Texas

### What Is The Main Difference Between Self-Defense And The Castle Doctrine?

Self-defense is a broader legal concept that allows a person to use force when reasonably necessary to protect themselves from unlawful force. The Castle Doctrine is a more specific legal protection that applies when defending yourself inside your habitation, vehicle, or workplace. The Castle Doctrine can create a legal presumption that your use of deadly force was reasonable if someone unlawfully and forcefully entered those protected spaces. While the concepts are related, they are not identical under Texas law.

### Does Texas Law Require Me To Retreat Before Defending Myself?

Generally, no. Texas law does not impose a duty to retreat if you are lawfully present, did not provoke the confrontation, and are not engaged in criminal activity. Texas Penal Code §9.32(c) addresses this issue. However, prosecutors may still evaluate whether your actions were reasonable under the circumstances. Even without a duty to retreat, a self-defense claim can still be challenged if the force used appears excessive.

### Can I Use Deadly Force To Protect Property In Texas?

Texas law allows deadly force to protect property in limited situations under Texas Penal Code §9.42. These cases are highly fact-specific and often controversial. Prosecutors carefully review whether the use of deadly force was truly necessary and legally justified. Simply protecting property alone does not automatically justify shooting another person. The circumstances surrounding the threat matter significantly.

### Can I Be Arrested Even If I Acted In Self-Defense?

Yes. Police officers may still arrest someone claiming self-defense if investigators believe there is probable cause that a crime occurred. Law enforcement arriving at a violent scene often has incomplete information during the early stages of an investigation. Even strong self-defense cases sometimes lead to arrest before prosecutors complete their review.

### What Happens If Someone Breaks Into My House In Texas?

Texas law generally provides strong protections for homeowners facing unlawful forced entry into their occupied habitation. Under Texas Penal Code §9.32(b), the law may presume your use of deadly force was reasonable in certain situations. However, investigators still examine all available evidence to determine whether the facts support the legal requirements of the Castle Doctrine.

### Does The Castle Doctrine Apply Outside The Home?

Yes. Texas law may extend Castle Doctrine protections to occupied vehicles and workplaces. The law recognizes that people have the right to defend themselves in these locations under certain circumstances. However, the details of the encounter still matter greatly in determining whether the use of force was legally justified.

### Can A Self-Defense Claim Work In A Bar Fight?

Possibly, but these cases are often difficult. Prosecutors frequently examine who started the confrontation, whether either party escalated the violence, and whether the response was proportionate. Alcohol, conflicting witness statements, and surveillance footage can all complicate bar fight cases in Galveston and Houston-area courts.

### What If I Accidentally Injure An Innocent Person While Defending Myself?

These cases can become legally complex very quickly. Prosecutors may examine whether the original use of force was justified and whether the person acted recklessly during the incident. Civil liability may also become an issue if an innocent third party is injured.

### Can Social Media Affect A Self-Defense Case?

Yes. Social media posts, text messages, videos, and online comments are commonly used as evidence in criminal investigations. Prosecutors may use digital communications to argue intent, motive, or state of mind. Statements made online after a shooting or violent encounter can seriously damage a defense case.

### Should I Talk To Police After A Self-Defense Incident?

Every situation is different, but many people unintentionally damage their case by making detailed statements before speaking with counsel. Stress, confusion, and adrenaline often affect memory and communication after a violent incident. Exercising your constitutional rights and consulting a criminal defense lawyer can be critical in serious self-defense investigations.

## Contact Our Galveston Defense Lawyers To Beat Your Charges

If you are being investigated after a shooting, assault, or self-defense incident in Galveston County or the Houston area, your situation is serious and needs immediate attention. Prosecutors may file charges quickly, and what you say or do early on can affect the outcome of your case.

Mark Diaz & Associates represents clients facing violent crime allegations, self-defense investigations, and firearm-related charges throughout Galveston and across the city of Houston, Texas.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You will not be passed off to a junior associate or lost in a busy system. From start to finish, I stay personally involved and available.

Call our [Galveston defense lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). Let our attorneys start building your legal defense. We can talk about your rights, your defense options, and what you need to do to protect your future.

**Categories:** Gun Crime Defense Attorney

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### [Public Intoxication Vs DWI: Key Differences](https://texascriminaljustice.com/public-intoxication-vs-dwi-key-differences/)

**Published:** May 18, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Public Intoxication Vs DWI in Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Public-Intoxication-Vs-DWI-in-Texas.png "Public Intoxication Vs DWI in Texas")Being accused of being intoxicated in public is not the same as being accused of driving while intoxicated in [Galveston](https://www.galveston.com/). The two charges may sound similar because both involve alcohol, drugs, or some other intoxicating substance, but the legal elements are very different. A public intoxication case usually focuses on where the person was, how the person appeared, and whether the person may have been a danger to themselves or someone else. A DWI case focuses on whether the person was intoxicated while operating a motor vehicle in a public place. We treat both charges seriously because even a lower-level charge can create a criminal record, affect employment, raise driver’s license concerns, and put a person under court supervision.

## Why Public Intoxication And DWI Are Not The Same Charge

Texas law separates public intoxication from DWI because the conduct is different. Public intoxication does not require proof that a person drove, operated a vehicle, sat behind the wheel, or moved a car. DWI does. That difference can affect the arrest, the evidence, the punishment, the driver’s license consequences, and the defense strategy.

Under [Texas Penal Code Section 49.02](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.02&Date=2/21/2023), public intoxication occurs when a person appears in a public place while intoxicated to the degree that the person may endanger themselves or another person. That statute does not say a person must have a certain blood alcohol concentration. It also does not say that being drunk in public, by itself, is enough. The State must prove intoxication plus a possible danger issue.

DWI is different. Under [Texas Penal Code Section 49.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.04), a person commits DWI if the person is intoxicated while operating a motor vehicle in a public place. The statute focuses on intoxication, operation of a motor vehicle, and a public place. A DWI charge can exist even if the person was not involved in a crash, did not hurt anyone, and did not drive far.

That distinction matters in Galveston County. Someone walking on Seawall Boulevard after leaving a bar, festival, restaurant, hotel, beach event, or concert may face public intoxication if police believe that person is too impaired to be safe. Someone driving on Broadway Avenue, I-45, Harborside Drive, FM 1764, or a roadway connecting Galveston and Houston may face DWI if police believe that person operated a vehicle while intoxicated.

### The Main Difference: Driving Or No Driving

The most important difference is the operation of a motor vehicle. Public intoxication does not require driving. DWI does require operation.

Texas courts have treated “operation” broadly. The State does not always need to prove a long drive. A person may face DWI allegations when found behind the wheel, near a running vehicle, in a parking lot, or after a reported traffic incident. The facts matter. Was the engine running? Were the keys present? Was the person in the driver’s seat? Was the vehicle capable of moving? Did an officer or witness see the driver? Did the person admit to driving? Was there a video? Was there a crash? Was the vehicle parked safely or blocking traffic?

Public intoxication may arise when a person is walking, standing, sitting, waiting for a ride, leaving a bar, arguing with someone, falling asleep outside, or acting in a way that draws police attention. A person can be in public and intoxicated without committing DWI. A person can also be arrested for public intoxication because police believe letting that person walk away would create a safety issue.

We often see situations where the difference matters greatly. A person may decide not to drive and instead walk, call a rideshare, wait outside, or sit away from the vehicle. That person should not be treated like someone who drove while intoxicated unless the State has evidence of operation. In some cases, the defense may argue that the police overcharged the person or misunderstood the situation.

### How These Charges Affect A Criminal Record

Public intoxication and DWI can both create record problems. Public intoxication is lower-level offense, but it may still appear on background checks unless the person receives a favorable outcome and qualifies for record relief. A DWI record can be more damaging because employers, licensing boards, insurers, schools, and government agencies may treat impaired driving more seriously.

A DWI conviction can also be used against a person later. Prior DWI convictions can increase punishment for future intoxication offenses under [Texas Penal Code Section 49.09](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.09&Date=5/29/2025). This is one reason a person should be careful about pleading guilty quickly. What feels like a way to end the case today may create a much bigger problem years later.

For public intoxication, we examine whether dismissal, deferred disposition, or other outcomes may be available. For DWI, we examine dismissal, reduction, suppression, trial, plea options, probation terms, occupational license issues, and any possible future record options.

### Why The Difference Matters Before You Talk To Police

Many people try to explain themselves during an arrest. That is understandable, but it can hurt the case. In a public intoxication case, a person may admit drinking, say they were looking for their car, or make comments that police later use against them. In a DWI case, a person may admit driving, admit when they drank, estimate how much they drank, or answer questions that help the State build its timeline.

The right to remain silent matters. A person does not have to argue with the police, but they also do not have to provide evidence against themselves. Being polite and respectful is wise. Giving detailed statements without legal advice is risky.

After an arrest, it is better to preserve information for the defense. Save receipts, rideshare records, text messages, photos, videos, medical information, witness names, and any paperwork from the jail or court. Small details can become important later.

## Public Intoxication Vs DWI FAQs

### Can I Be Arrested For Public Intoxication If I Am Just Walking Back To My Hotel?

Yes, it can happen, but the arrest may be challengeable. In Galveston, people often walk between restaurants, bars, hotels, beaches, events, and parking areas. Texas law does not make it a crime simply to have consumed alcohol and walk in public. The State must prove intoxication to the degree that the person may endanger themselves or another person.

If you were walking safely, staying out of traffic, cooperating with police, and trying to get back to your hotel or meet a ride, those facts may help the defense. Officers may claim danger based on location, time of night, traffic, or behavior, but their conclusion is not the final word. Video, witness statements, hotel records, rideshare records, and body camera footage may show a different picture.

### Can Police Charge Me With DWI If They Did Not See Me Driving?

Yes, police may still charge DWI without personally seeing the driving, but the State must prove operation beyond a reasonable doubt. Prosecutors may rely on circumstantial evidence, such as a witness report, crash scene, vehicle position, keys, engine status, statements, surveillance video, or the person’s location in the vehicle. That evidence can be challenged. If no one saw the vehicle move, if there were other possible drivers, if the vehicle was parked, or if the person was using the vehicle as shelter while waiting for a ride, the defense may have strong arguments. A DWI charge should not be based only on an assumption. Operation is a required part of the offense, and we examine that issue carefully.

### Can A Public Intoxication Charge Be Dismissed?

Yes, a public intoxication charge may be dismissed in some cases. The defense may argue that the State cannot prove intoxication, cannot prove the person was in a public place, or cannot prove the person may have endangered themselves or another person. The danger element is important. If the person was simply outside, waiting for a ride, walking to a hotel, standing with friends, or cooperating with police, the State may have a proof problem. Other cases may be resolved through deferred disposition or another outcome that can protect the person’s record if all requirements are completed. The best strategy depends on the court, the facts, the person’s record, and the available evidence.

### Do I Have To Take Field Sobriety Tests In Texas?

Field sobriety tests are commonly requested during DWI investigations. Many people do not realize how much those tests depend on an officer’s interpretation. The walk-and-turn, one-leg stand, and eye test can be affected by nerves, medical problems, footwear, road surface, lighting, traffic, weather, age, injuries, and unclear instructions. Refusing field sobriety tests may have consequences in how the officer views the case, but poor performance can also be used as evidence. After an arrest, we review whether the tests were properly explained, properly demonstrated, fairly performed, and accurately described in the report. The video may show that the person performed better than the officer claimed.

### Should I Plead Guilty To Public Intoxication Just To Get It Over With?

You should be careful before pleading guilty to any criminal charge. Public intoxication may seem minor, but a conviction can create a record. That record may appear in employment checks, school applications, professional licensing reviews, military screening, and immigration-related reviews. A quick plea may also prevent you from pursuing better options, such as dismissal, deferred disposition, or another record-protective result. Before deciding, it is important to review whether the State can prove the charge. Did the officer have real evidence of danger? Was there body camera video? Were you waiting for a ride? Were witnesses present? Were you actually in a public place? Those questions matter.

## Speak With Our Galveston DUI & Public Intoxication Attorneys About Your Cases

If you were arrested for public intoxication or DWI in Galveston, Houston, or the surrounding Texas area, Mark Diaz & Associates can help you understand the charge, the evidence, the possible penalties, and the defense options that may apply. These cases can move quickly, and the decisions you make early can affect your record, your license, your job, and your future. We represent clients in Galveston and throughout the city of Houston, Texas.

When you hire Mark Diaz, you work directly with him. His clients have his personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, Mark remains personally involved and accessible.

Call our [Galveston DWI lawyer](https://texascriminaljustice.com/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) about a public intoxication, DWI, or related criminal charge in Galveston County, Houston, or the surrounding Southeast Texas communities.

**Categories:** DWI Attorney

---

### [Harassment And Stalking Laws In Texas](https://texascriminaljustice.com/harassment-and-stalking-laws-in-texas/)

**Published:** May 19, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Harassment And Stalking Laws In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Harassment-And-Stalking-Laws-In-Texas.png "Harassment And Stalking Laws In Texas")An accusation of harassment or stalking in [Galveston](https://www.galvestontx.gov/) can damage a person’s reputation, career, family life, and future long before the case ever reaches trial. These allegations often arise from emotionally charged situations involving former relationships, workplace disputes, social media communications, neighborhood conflicts, or ongoing family disagreements. In many cases, law enforcement officers make quick decisions based on incomplete information, screenshots, statements from one side, or isolated messages taken out of context. What one person considers repeated communication or unwanted attention may be viewed very differently by the accused.

Texas prosecutors aggressively pursue harassment and stalking charges, especially when the allegations involve threats, repeated contact, or claims that the alleged victim feared bodily injury. Understanding how Texas law defines these offenses is critical because the penalties can include jail time, felony convictions, protective orders, firearm restrictions, and lasting harm to your criminal record.

## Understanding Harassment Charges Under Texas Law

Texas harassment laws are mainly found in [Texas Penal Code §42.07](https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm). This law says someone can be charged with harassment if prosecutors think they meant to harass, annoy, alarm, abuse, torment, or embarrass another person.

The law covers things like repeated phone calls, threats, electronic messages, and some online contact. Harassment cases often involve texts, social media posts, emails, voicemails, or repeated calls between people who know each other.

Texas Penal Code §42.07 states that harassment can occur when a person intentionally communicates in a manner reasonably likely to harass or alarm another individual. The prosecution must generally prove intent, which is often one of the most disputed issues in these cases.

Many harassment investigations begin after an argument between former dating partners, divorcing spouses, coworkers, or neighbors. In some situations, both parties engage in heated communication, yet only one person is arrested. We often see cases where statements were misunderstood, exaggerated, or removed from their original context.

### Penalties For Harassment In Texas

Most harassment charges in Texas are Class B misdemeanors. If convicted, you could face up to 180 days in county jail and a fine of up to $2,000 under [Texas Penal Code §12.22](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.01).

However, the charge may increase to a Class A misdemeanor under [Texas Penal Code §42.07(c)](https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm) if the accused has a prior harassment conviction. A Class A misdemeanor can result in up to one year in county jail and a fine of up to $4,000.

Even when no jail sentence is imposed, a harassment conviction can create serious long-term problems. Employers, licensing boards, landlords, and educational institutions often conduct background checks. A conviction involving allegations of threats or intimidation can affect professional opportunities and personal relationships for years.

### Electronic Harassment And Social Media Allegations

Modern harassment investigations often center around electronic communications. Text messages, Facebook posts, Instagram messages, emails, Snapchat conversations, and other digital communications frequently become evidence in criminal cases.

Texas law allows prosecutors to pursue harassment charges involving electronic communications under Texas Penal Code §42.07(a)(7). The law applies when electronic communications are sent repeatedly in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another person.

Electronic communications cases can become complicated because tone and intent are difficult to determine from written messages alone. Sarcasm, jokes, emotional reactions, and mutual arguments can all be misinterpreted. Prosecutors may focus on isolated messages while ignoring the larger conversation.

Digital evidence also raises important legal questions involving authenticity, altered screenshots, deleted messages, and account ownership. We carefully examine how evidence was collected and whether the State can properly establish who actually sent the communication.

### Understanding Stalking Charges In Texas

Stalking is treated far more seriously than misdemeanor harassment under Texas law. Texas Penal Code §42.072 defines stalking as conduct occurring on more than one occasion that the defendant knows or reasonably should know the alleged victim will regard as threatening bodily injury, death, or certain criminal acts.

The law also requires prosecutors to show that the conduct caused the alleged victim to fear bodily injury or death or fear harm to family members, dating partners, or property.

Unlike simple harassment cases, stalking charges often involve allegations of repeated conduct over time. Prosecutors may rely on claims involving repeated appearances, messages, surveillance, unwanted gifts, GPS tracking allegations, or social media monitoring.

A stalking conviction can carry devastating consequences because the offense is generally charged as a third-degree felony under Texas Penal Code §42.072(b). A third-degree felony may result in 2 to 10 years in prison and fines up to $10,000 under Texas Penal Code §12.34.

If the accused has certain prior convictions, the offense may increase to a second-degree felony with even greater prison exposure.

### Protective Orders And Their Impact

Harassment and stalking allegations often lead to requests for protective orders. Courts in Texas may issue temporary or long-term protective orders that restrict communication, firearm possession, travel, and contact with family members or children.

A protective order can dramatically affect a person’s daily life even before any criminal conviction occurs. Violating a protective order may result in additional criminal charges under Texas Penal Code §25.07.

Protective order hearings move quickly, and statements made during those proceedings can affect the criminal case. For that reason, legal representation is important early in the process.

We frequently advise clients not to attempt direct communication with the accuser after allegations arise, even if they believe the situation is a misunderstanding. Continued communication can create additional evidence that prosecutors may later use in court.

### How Texas Prosecutors Build Harassment And Stalking Cases

Prosecutors often rely heavily on electronic evidence and witness statements in these cases. Common forms of evidence may include text messages, emails, social media records, screenshots, phone records, surveillance footage, and witness testimony.

Law enforcement officers may also review location data, call logs, or online account activity. In stalking cases, prosecutors sometimes attempt to establish a pattern of conduct by combining multiple incidents into one criminal allegation.

Intent remains one of the central issues in many cases. A person may have intended reconciliation, emotional communication, or continued discussion rather than intimidation or threats. Determining intent requires examining the entire context of the relationship and communications.

False allegations can also occur in emotionally charged situations involving divorce, child custody disputes, breakups, workplace conflicts, or retaliation claims.

### Defending Against Harassment And Stalking Allegations

Every case requires careful analysis of the facts, evidence, and communications involved. Many harassment and stalking cases involve incomplete narratives presented by one side.

One important defense issue involves intent. Texas prosecutors must prove the accused acted with the required criminal intent under the statute. Emotional communication alone does not automatically establish criminal harassment or stalking.

Another major issue involves the credibility and reliability of electronic evidence. Screenshots may be incomplete, edited, or missing context. Messages can sometimes be fabricated or altered. We examine metadata, timelines, and the full communication history whenever possible.

Constitutional concerns may also arise in certain cases involving protected speech under the First Amendment. While threats and unlawful conduct are not protected, not every offensive or upsetting statement qualifies as criminal conduct.

Mistaken identity may also become an issue in online communication cases. Shared devices, hacked accounts, spoofed phone numbers, and unauthorized account access can complicate prosecutions involving electronic communications.

### The Importance Of Early Legal Representation

People accused of harassment or stalking often underestimate the seriousness of the allegations during the early stages of the investigation. Some believe they can explain the situation directly to law enforcement and make the matter disappear. Unfortunately, statements made to investigators are frequently used against the accused later in court.

Early legal representation can help protect your rights, preserve evidence, and prevent mistakes that may harm the defense. Prompt action may also help identify witnesses, recover deleted communications, and challenge inaccurate allegations before charges escalate.

In Galveston County and throughout the Houston area, prosecutors aggressively pursue cases involving alleged threats, repeated communications, and accusations involving former relationships. Taking the allegations seriously from the beginning is critical.

### Consequences Beyond Criminal Penalties

A harassment or stalking conviction can create consequences that extend far beyond fines or jail time. A criminal record involving allegations of intimidation or threatening conduct can affect employment opportunities, housing applications, educational admissions, and professional licensing.

People convicted of felony stalking may also face restrictions involving firearm possession under both Texas and federal law. Protective orders can impact child custody disputes and family court proceedings as well.

Even allegations that do not result in a conviction can damage reputations and personal relationships. Many employers and licensing agencies consider arrests and pending criminal cases during background investigations.

Because of these long-term consequences, building a strong defense strategy early in the case is extremely important.

## Frequently Asked Questions About Harassment And Stalking Laws In Texas

### Can Repeated Text Messages Lead To A Harassment Charge In Texas?

Yes. Texas Penal Code §42.07 lets prosecutors file harassment charges for repeated electronic messages, including texts. But not every repeated message is a crime. Prosecutors still have to prove intent to harass, annoy, alarm, abuse, torment, or embarrass. Context is very important. Courts look at the relationship, what the messages said, if both people were talking, and the whole situation.

### Is Harassment A Felony In Texas?

Most harassment charges are misdemeanors. A first offense is generally charged as a Class B misdemeanor. However, a prior harassment conviction can elevate the offense to a Class A misdemeanor. Stalking charges are treated much more seriously and are commonly prosecuted as felonies under Texas Penal Code §42.072.

### What Is The Difference Between Harassment And Stalking In Texas?

Harassment usually means actions or messages meant to annoy, alarm, torment, or embarrass someone. Stalking means repeated actions that make someone fear injury, death, or certain crimes. Stalking often involves repeated incidents over time and has much tougher penalties than harassment.

### Can Social Media Posts Be Used As Evidence In A Texas Criminal Case?

Yes. Prosecutors frequently use social media posts, messages, screenshots, and online account activity as evidence in harassment and stalking investigations. However, authenticity and context are important legal issues. Screenshots may not always show complete conversations, and online accounts can sometimes be accessed by other people. Defense attorneys often examine whether the State can properly authenticate digital evidence before it is admitted in court.

### What Happens If Someone Violates A Protective Order In Texas?

If you break a protective order, you can face new criminal charges under Texas Penal Code §25.07. Depending on what happened and your history, this could be a misdemeanor or a felony. Courts take these violations seriously, especially if there’s repeated contact or threats.

### Can Harassment Charges Be Dropped By The Alleged Victim?

Not automatically. Once charges are filed, the decision to dismiss the case belongs to the prosecutor, not the alleged victim. While prosecutors may consider the wishes of the complaining witness, they may still pursue the case if they believe sufficient evidence exists.

### Can A Person Be Arrested For Online Harassment Even If They Never Made A Direct Threat?

Yes. Texas harassment laws do not always require a direct threat of violence. Repeated electronic communications that prosecutors claim were intended to harass, alarm, torment, or embarrass another person may still lead to criminal charges. However, intent and context remain major issues in these cases.

### Are Harassment And Stalking Cases Difficult To Defend?

These cases can become complicated because they often involve emotional relationships, conflicting accounts, and electronic evidence. Many cases depend heavily on interpretation and credibility. A strong defense requires careful examination of the communications, witness statements, timelines, and investigative procedures.

### Can A Harassment Conviction Affect Employment Opportunities?

Yes. Employers frequently conduct background checks, and convictions involving allegations of threats or intimidation may affect hiring decisions. Certain professional licenses may also be affected by criminal convictions involving harassment or stalking allegations.

### Should I Speak To Police If I Am Accused Of Harassment Or Stalking?

It is generally wise to speak with a criminal defense attorney before answering questions from investigators. Many people believe they can clear up misunderstandings on their own, but statements made during interviews are often later used by prosecutors in court. Early legal advice can help protect your rights and prevent avoidable mistakes.

## Contact Our Galveston County Criminal Defense Attorneys To Defend Your Case

Harassment and stalking allegations can escalate quickly and place your freedom, reputation, and future at risk. If you are under investigation or have already been charged in Galveston County or anywhere in the Houston area, you should take the matter seriously as early as possible.

At Mark Diaz & Associates, we defend people facing serious misdemeanor and felony charges in Galveston and Houston. We know these cases can be very emotional, and we work hard to protect our clients at every step.

When you hire me, you work with me directly. My clients get my personal cell phone number, because questions and emergencies can happen anytime. You won’t be passed to a junior associate or lost in a big system. I stay personally involved and available from start to finish.

Call our [Galveston County criminal defense attorneys](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today at [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). Find out how we can help defend you against harassment or stalking charges in Galveston and Houston.

**Categories:** Criminal Defense Lawyer

---

### [Early Termination Of Probation Explained](https://texascriminaljustice.com/early-termination-of-probation-explained/)

**Published:** May 2, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Early Termination Of Probation](https://texascriminaljustice.com/wp-content/uploads/2026/05/Early-Termination-Of-Probation.png "Early Termination Of Probation")Living under probation in Texas can feel restrictive, even when you are doing everything right. Many people in[ Galveston County](https://www.galvestoncountytx.gov/) and across the Houston area want to know if there is a way to end probation early once they have proven themselves. The answer is yes in certain cases, but it depends on the law, the type of offense, and how well you have complied with your conditions.

Early termination is not automatic, and it requires a formal request to the court. We work with clients who have taken probation seriously and want to move forward without ongoing supervision. If you are meeting your obligations and want to regain full freedom sooner, it is important to understand how Texas law applies and what steps are required.

## What Probation Means Under Texas Law

In Texas, probation is formally called “community supervision.” It is governed by [Chapter 42A](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=42A) of the Texas Code of Criminal Procedure. Instead of serving time in jail or prison, a judge allows a defendant to remain in the community under specific conditions.

There are two main types:

- Deferred adjudication community supervision
- Straight probation (also called “post-conviction” community supervision)

Under deferred adjudication, the court does not enter a finding of guilt at the outset. If you successfully complete probation, the case may be dismissed. Under straight probation, a conviction is entered, but the sentence is suspended while you complete supervision.

Each type has different consequences, and this distinction can affect eligibility for early termination.

### What Early Termination Of Probation Means

Early termination allows a judge to end your probation before the original term expires. This is not something that happens automatically. A formal motion must be filed, and the court must approve it.

Texas Code of Criminal Procedure [Article 42A.701](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-701/) gives courts the authority to reduce or terminate community supervision after a defendant has completed a portion of the sentence and has complied with all conditions.

The court will consider whether ending probation early serves justice and whether the person has demonstrated responsibility and rehabilitation.

### Who Qualifies For Early Termination In Texas

Not every probation case qualifies for early termination. Texas law sets limits based on the offense and the type of supervision.

Generally, a person may be considered if:

- They have completed at least one-third or two years of probation, whichever is less, under Article 42A.701
- All fines, court costs, and restitution have been paid
- All required programs or classes are completed
- There have been no violations or new arrests

However, certain offenses are excluded from early termination eligibility. These often include:

- DWI offenses under Texas Penal Code §49.04 and related statutes
- Family violence offenses under Texas Family Code §71.004
- Certain sex offenses requiring registration under Chapter 62 of the Code of Criminal Procedure

If your case falls into one of these categories, early termination may not be available. That said, every case should be reviewed carefully because exceptions and legal arguments can sometimes apply.

### Key Factors Judges Consider In Galveston County

Judges in Galveston County do not grant early termination lightly. Even when a person meets the basic requirements, the court still has discretion.

Common factors include:

- Consistent compliance with probation conditions
- Positive reports from the probation officer
- Completion of all counseling or treatment programs
- Payment of all financial obligations
- Employment stability and community involvement
- The nature and seriousness of the original offense

We often present evidence showing that the client has gone beyond minimum requirements. This can make a difference when the judge evaluates the request.

### The Legal Process To Request Early Termination

The process begins with filing a motion for early termination of community supervision in the court where the case was handled.

Steps typically include:

- Drafting and filing a formal motion citing Article 42A.701
- Providing proof of compliance with all probation conditions
- Coordinating with the probation department
- Scheduling a hearing if required
- Presenting arguments to the judge

In some cases, the prosecutor may agree to the request. In others, there may be opposition, which requires a stronger presentation to the court.

Having a complete and well-supported motion is critical. Missing documentation or incomplete compliance can lead to denial.

### Differences Between Deferred Adjudication And Straight Probation

Understanding the type of probation you are on is important because it affects both strategy and outcome.

For deferred adjudication:

- Successful completion can result in dismissal of the case
- Early termination may allow you to reach dismissal sooner
- You may later be eligible for nondisclosure under Texas Government Code §411.072

For straight probation:

- A conviction remains on your record
- Early termination ends supervision but does not remove the conviction
- Additional legal steps may be needed to address your record

We help clients understand not just how to end probation early, but how it affects their long-term record.

### Common Mistakes That Can Prevent Early Termination

Even people who are doing well on probation sometimes make mistakes that delay or prevent early termination.

Common issues include:

- Unpaid fines or incomplete restitution
- Missed appointments with probation officers
- Failure to complete required classes
- Positive drug or alcohol tests
- New arrests, even for minor offenses

Courts expect strict compliance. Even small issues can create problems when asking for early release from supervision.

### Benefits Of Ending Probation Early

Early termination can provide meaningful relief and open new opportunities.

Benefits often include:

- Freedom from regular reporting requirements
- Removal of travel restrictions
- Greater employment flexibility
- Reduced risk of probation violations
- Ability to move forward without ongoing court supervision

For many people, ending probation early is about regaining control over their life and avoiding the constant risk of technical violations.

### What Happens After Probation Ends

Once probation is terminated, your obligations to the court under that case end. However, what happens next depends on the type of probation and the outcome.

If your case involved deferred adjudication, you may be eligible to pursue nondisclosure. This can limit who can see your record.

If your case involved a conviction, the record remains, but you may still explore options such as record sealing in limited situations or other legal remedies.

We advise clients on next steps so they can continue moving forward after probation ends.

## Frequently Asked Questions About Early Termination Of Probation In Texas

### How Soon Can I Ask For Early Termination Of Probation In Texas?

Texas law generally allows a request after you complete either one-third of your probation term or two years, whichever is less, under Texas Code of Criminal Procedure Article 42A.701. However, this is only a starting point. Meeting the time requirement does not guarantee approval. You must also show full compliance with all conditions, including payment of fines, completion of programs, and no violations. Courts in Galveston County will look closely at your overall performance before granting a request.

### Can I Get Off Probation Early For A DWI In Texas?

In most cases, DWI probation is not eligible for early termination. Texas law places restrictions on certain offenses, including those under Texas Penal Code Chapter 49. Courts are generally required to enforce the full probation term for DWI cases. There may be limited exceptions depending on the specific facts, but most people serving probation for DWI should expect to complete the full term.

### Do I Need A Lawyer To File For Early Termination Of Probation?

You are not required to have a lawyer, but having one can significantly improve your chances. The motion must be properly drafted, supported by evidence, and presented clearly to the court. We make sure all legal requirements are met, address any potential concerns, and communicate effectively with the court and prosecutor. This helps avoid delays or denials based on technical issues.

### What Happens If The Judge Denies My Request?

If the judge denies your request, you usually remain on probation under the original terms. In some cases, you may be able to reapply later after additional time has passed or after addressing any concerns raised by the court. A denial is not always the end of the process, but it is important to understand why the request was denied before trying again.

### Will My Probation Officer Have A Say In Early Termination?

Yes. Probation officers often provide input to the court regarding your performance. A positive report from your officer can support your request, while concerns or violations can work against it. Maintaining a strong and consistent record with your probation officer is important if you plan to seek early termination.

### Does Early Termination Remove My Criminal Record?

No. Early termination ends your probation, but it does not automatically clear your record. If you were on deferred adjudication, you may later qualify for nondisclosure under Texas Government Code §411.072. If you were convicted, the record generally remains unless another legal remedy applies. We help clients evaluate their options after probation ends.

### Can I Travel Freely After Early Termination?

Yes. Once probation is terminated, the restrictions on travel typically end. You no longer need permission from a probation officer to leave the county or state. This is one of the most immediate benefits people experience after early termination.

### Is A Court Hearing Always Required?

Not always. Some courts may grant early termination based on the written motion and supporting documents. However, in many cases, a hearing is scheduled so the judge can review the request and ask questions if needed. Being prepared for either situation is important.

### What If I Still Owe Money On My Case?

Outstanding fines, fees, or restitution are one of the most common reasons early termination is denied. Courts expect all financial obligations to be satisfied before granting a request. If you still owe money, it is usually best to resolve that issue before filing a motion.

### Can Early Termination Help Me Get A Better Job?

Ending probation early can improve your employment opportunities. Employers often view active probation as a risk. Once supervision ends, you have fewer restrictions and may be in a stronger position to pursue new opportunities. While your record may still exist, completing probation early can still make a positive difference.

## Speak With Our Galveston Criminal Defense Lawyers About Early Termination Of Probation

If you have done everything the court asked of you and want to end probation early, now is the time to take action. Mark Diaz & Associates represents clients in Galveston and throughout the city of Houston, Texas who are ready to move forward after proving themselves on community supervision.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston criminal lawyer](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/) and find out if you qualify for early termination of probation.

**Categories:** Probation

---

### [Parole Vs Probation In Texas](https://texascriminaljustice.com/parole-vs-probation-in-texas/)

**Published:** May 3, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Parole Vs Probation In Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Parole-Vs-Probation-In-Texas.png "Parole Vs Probation In Texas")If you are facing criminal charges or dealing with a conviction in Texas, you might wonder about the difference between parole and probation. People often use these terms as if they mean the same thing, but Texas law treats them very differently. Each has its own rules, risks, and long-term effects. Whether you want to avoid jail or hope for early release from prison, knowing how these systems work can shape your future. We help clients in [Galveston County](https://www.galvestoncountytx.gov/) and the Houston area find clear answers about their options. Understanding the difference between parole and probation is an important step in making the right choices for your case.

## What Is Probation Under Texas Law

In Texas, probation is officially called “community supervision.” It follows the rules in [Chapter 42A](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A) of the Texas Code of Criminal Procedure. If a judge gives you probation, you can serve your sentence in the community instead of going to jail or prison, but you must follow strict conditions.

Under Texas Code of Criminal Procedure [Article 42A.001](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A), community supervision is defined as the placement of a defendant under a continuum of programs and sanctions, with conditions imposed by the court for a specified period.

There are two primary types of probation in Texas:

- Regular community supervision, granted after a conviction
- Deferred adjudication under Article 42A.101, where the court defers a finding of guilt

Deferred adjudication can be especially important because, if successfully completed, it may allow you to avoid a final conviction on your record. However, it also carries risks if violated.

A judge orders probation at sentencing, so it is part of your original case outcome and not something you get later.

### What Is Parole In Texas

Parole is different from probation. It only applies after someone has been sentenced to prison and served part of their sentence. Parole follows the rules in Texas Government Code [Chapter 508](https://statutes.capitol.texas.gov/Docs/GV/pdf/GV.508.pdf).

Under Texas Government Code [§508.001](https://statutes.capitol.texas.gov/getstatute.aspx?Code=GV&Value=508.189), parole is the discretionary and conditional release of an inmate from prison to serve the remainder of their sentence under supervision in the community.

Parole is not decided by the trial judge like probation is. The Texas Board of Pardons and Paroles handles parole decisions. The Board reviews each case and decides if an inmate should be released early, based on several factors.

Parole is not guaranteed. Even if someone is eligible, the Board can deny release and require them to serve more time.

## Key Differences Between Parole And Probation

Understanding how these two systems differ can help you see why they carry very different risks and opportunities.

### Timing Of Supervision

Probation happens instead of incarceration. You avoid going to prison or jail if probation is granted. Parole happens after incarceration. You must first serve time in prison before becoming eligible for release.

### Decision Maker

Probation is ordered by a judge at the time of sentencing. Parole is decided by the Texas Board of Pardons and Paroles, not the court.

### Eligibility

Probation is available at sentencing depending on the offense, your criminal history, and the judge’s discretion.

Parole eligibility depends on the type of offense and the portion of the sentence served. For example, Texas Government Code §508.145 outlines eligibility timelines, including rules for aggravated offenses.

### Consequences Of Violation

A probation violation can lead to revocation and imposition of the original sentence under Texas Code of Criminal Procedure Article 42A.751.

A parole violation can result in being returned to prison to serve additional time, often without credit for time spent on parole.

### Impact On Criminal Record

Probation, especially deferred adjudication, may provide options for nondisclosure in certain cases.

Parole follows a prison sentence, so the underlying conviction remains on your record.

## Conditions Of Probation In Texas

When probation is granted, the court imposes a set of conditions that must be followed closely.

Under Article 42A.301, these conditions can include:

- Regular reporting to a probation officer
- Payment of fines, court costs, and restitution
- Drug and alcohol testing
- Completion of counseling or treatment programs
- Community service hours
- Restrictions on travel
- Avoiding new arrests or criminal conduct

Judges in Galveston County often tailor conditions based on the facts of the case. For example, a DWI-related probation may include ignition interlock requirements and alcohol monitoring.

Failure to comply with any condition can trigger a motion to revoke probation.

## Conditions Of Parole In Texas

Parole also involves supervision, but the conditions are set by the parole board rather than the trial court.

Common parole conditions include:

- Regular reporting to a parole officer
- Geographic restrictions
- Employment requirements
- Substance abuse treatment
- Electronic monitoring in some cases
- No contact with certain individuals
- Compliance with all laws

Because parole follows incarceration, supervision can feel more restrictive. Violations are taken seriously and can quickly lead to re-incarceration.

## Probation Violations And Revocation

When someone on probation is accused of violating a condition, the State may file a motion to revoke under Article 42A.751.

At a revocation hearing, the burden of proof is lower than in a criminal trial. The State must prove the violation by a preponderance of the evidence, not beyond a reasonable doubt.

Possible outcomes include:

- Continuation of probation
- Modification of conditions
- Extension of the probation term
- Revocation and imposition of the original sentence

We focus heavily on defending against alleged violations because even minor issues can escalate quickly in Galveston County courts.

## Parole Violations And Consequences

Parole violations are handled through an administrative process rather than a traditional court proceeding.

If a violation is alleged, a parole warrant may be issued. The individual may be taken into custody and face a revocation hearing.

Possible outcomes include:

- Continuation of parole with modified conditions
- Short-term sanctions
- Full revocation and return to prison

Unlike probation cases, parole violations often result in limited procedural protections, which makes early legal involvement important.

## Early Termination And Discharge

### Early Termination Of Probation

Texas law allows for early termination of probation in certain cases. Under Article 42A.701, a judge may reduce or terminate the period of community supervision if the defendant has successfully completed a portion of the term and met all conditions.

Not all offenses qualify, but when available, early termination can significantly reduce the long-term burden of supervision.

### Discharge From Parole

Parole continues until the sentence is fully served or until the parole board grants discharge.

Unlike probation, early discharge from parole is less common and depends on compliance, risk assessment, and board discretion.

### Which Is Better: Parole Or Probation

From a defense standpoint, probation is generally more favorable than parole. The reason is simple: probation allows you to avoid prison altogether.

However, probation is not easy. It requires strict compliance, and violations can lead to severe consequences.

Parole, on the other hand, provides an opportunity for early release from prison. While it offers freedom, it still involves ongoing supervision and the risk of being sent back to prison.

Each situation depends on the facts of the case, criminal history, and available legal strategies.

## Why Legal Representation Matters At Every Stage

Whether you are trying to secure probation, avoid revocation, or improve your chances of parole, legal representation plays a critical role.

We focus on:

- Building strong mitigation at sentencing.
- Arguing for probation instead of incarceration.
- Defending against alleged violations.
- Presenting evidence that supports continued supervision.
- Positioning clients for the best possible outcome.

The earlier we are involved, the more options we typically have to protect your record and your future.

## Frequently Asked Questions About Parole Vs Probation In Texas

### What Is The Main Difference Between Parole And Probation In Texas?

The main difference comes down to timing and purpose. Probation allows you to serve your sentence in the community instead of going to jail or prison. It is ordered by a judge at sentencing. Parole occurs after a person has already been sentenced to prison and served part of that sentence. It allows early release under supervision. Probation is generally seen as more favorable because it avoids incarceration, while parole is a second chance after time has already been served.

### Can You Get Probation For A Felony In Texas?

Yes, many felony offenses are eligible for probation depending on the circumstances. Judges consider factors such as the severity of the offense, prior criminal history, and whether a jury recommends probation. Some serious offenses limit eligibility. Deferred adjudication is also an option in certain felony cases and can provide a path to avoiding a final conviction if completed successfully.

### How Long Does Probation Last In Texas?

The length of probation depends on the offense level. Misdemeanor probation can last up to two years in many cases, while felony probation can extend up to ten years or more, depending on the charge. The court sets the term at sentencing. Early termination may be possible if all conditions are met and the court approves the request.

### What Happens If You Violate Probation In Texas?

If you violate probation, the State may file a motion to revoke. You will be required to appear in court, and a judge will determine whether a violation occurred. If the violation is proven, the judge can revoke probation and impose the original jail or prison sentence. In some cases, the judge may instead modify the conditions or extend the probation period.

### Is Parole Automatic In Texas?

No, parole is not automatic. Even if you become eligible, the Texas Board of Pardons and Paroles must review your case and decide whether to grant release. Many factors are considered, including the nature of the offense, institutional behavior, and risk to public safety. Some individuals are denied parole multiple times before being approved.

### How Do You Qualify For Parole In Texas?

Parole eligibility is based on the type of offense and the portion of the sentence served. Texas Government Code §508.145 outlines eligibility rules. For non-aggravated offenses, eligibility may occur after serving a portion of the sentence with good conduct time. For aggravated offenses, a person may be required to serve a larger percentage of the sentence before becoming eligible.

### Can A Parole Violation Send You Back To Prison?

Yes, a parole violation can result in being returned to prison. If the parole board determines that a violation occurred, it may revoke parole. In many cases, individuals must serve additional time and may not receive credit for the time spent on parole. This makes compliance with all conditions critical.

### Can You Travel While On Probation Or Parole In Texas?

Travel is usually restricted under both probation and parole. You may need permission from your supervising officer before leaving the county or state. Unauthorized travel can be treated as a violation and lead to serious consequences. Always obtain approval before making travel plans.

### Is Deferred Adjudication Better Than Regular Probation?

Deferred adjudication can be beneficial because it allows you to avoid a final conviction if you successfully complete the term. However, it still involves strict conditions. If you violate deferred adjudication, the court can proceed to a finding of guilt and impose the full range of punishment. The best option depends on the facts of your case and your long-term goals.

### Do You Need A Lawyer For Probation Or Parole Issues?

Yes, legal representation is important at every stage. Whether you are seeking probation, defending against a violation, or dealing with parole issues, a lawyer can help protect your rights and present your case effectively. Early involvement often leads to better outcomes.

## Call Our Galveston Criminal Law Attorney For A Free Consultation

If you are dealing with probation, parole, or a criminal charge in Galveston County or anywhere in the Houston area, the right legal strategy can make a meaningful difference. Mark Diaz & Associates provides direct, hands-on criminal defense for clients facing serious legal issues across Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston criminal law attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/) and to discuss your case.

**Categories:** Probation

---

### [What Happens After A Probation Violation?](https://texascriminaljustice.com/what-happens-after-a-probation-violation/)

**Published:** May 4, 2026
**Author:** Mark Diaz & Associates

**Content:**

![probation](https://texascriminaljustice.com/wp-content/uploads/2023/07/Diaz-1-Why-Probation-Can-Sometimes-Be-A-Bad-Idea_August-2023-2-scaled-1.jpg "probation")Violating probation in Texas can quickly threaten your freedom. Many people see probation as a second chance to avoid jail, but it comes with strict rules. If you break those rules, even by accident, the court can respond quickly. Judges in[ Galveston County](https://www.galvestoncountytx.gov/) and the Houston area take probation violations seriously, especially if there is a history of not following the rules or a new arrest. We often help people who are surprised at how fast a violation can lead to a warrant, arrest, and court hearing. If you are in this situation, it is important to understand how the process works under Texas law to protect yourself.

## Understanding Probation Under Texas Law

In Texas, probation is officially called “community supervision.” It is covered by [Chapter 42A](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A) of the Texas Code of Criminal Procedure. Instead of going to jail or prison, a judge lets a person stay in the community under certain conditions.

Under the Texas Code of Criminal Procedure Art. [42A.001](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A), community supervision is defined as the placement of a defendant under a continuum of programs and sanctions, with conditions imposed by the court for a specified period.

There are two main types of probation:

- **Straight (or direct) probation** granted by a judge.
- **Deferred adjudication,** where a finding of guilt is postponed.

Each type carries conditions that must be followed carefully. These often include reporting to a probation officer, paying fines and fees, completing classes, submitting to drug testing, and avoiding new criminal charges.

### What Counts As A Probation Violation In Texas

A violation happens when someone does not follow any of the court’s rules. Some violations are technical, while others involve new criminal charges.

Common violations include:

- Missing a meeting with a probation officer.
- Failing a drug or alcohol test.
- Not completing required programs or classes.
- Falling behind on fines, fees, or restitution.
- Leaving the county or state without permission.
- Getting arrested for a new offense.

According to the Texas Code of Criminal Procedure Art. [42A.751](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-751/), a judge can issue a warrant for arrest if there is reason to believe a violation happened. Even a small issue can quickly become serious if it is not handled right away.

### What Happens Immediately After A Violation Is Alleged

Once a violation is reported, the probation officer may submit a motion to revoke probation or a motion to adjudicate guilt in deferred cases. This motion outlines the alleged violations.

At that point, the judge may:

- Issue a warrant for your arrest.
- Set a bond, or deny bond in some cases.
- Schedule a court hearing.

In Galveston County, it is common for individuals to be taken into custody quickly after a motion is filed, especially if the violation involves a new charge or repeated noncompliance.

Acting early can sometimes allow us to intervene before an arrest occurs or position the case for a better outcome at the hearing.

### The Difference Between Revocation And Adjudication

The type of probation you are on determines what happens next.

**Revocation Of Probation**

If you were already convicted and placed on probation, the State may file a motion to revoke. If the judge finds a violation, they can impose the original sentence.

**Adjudication Of Guilt**

If you were on deferred adjudication, the State files a motion to adjudicate guilt. Under the Texas Code of Criminal Procedure Art. 42A.108, the judge can proceed to find you guilty and then assess punishment within the full statutory range.

This distinction matters because deferred adjudication can lead to a conviction and sentencing that was previously avoided.

### The Probation Violation Hearing Process

A probation violation hearing is not the same as a trial. The legal standard is lower, and the judge, not a jury, decides the outcome.

At the hearing:

- The State must prove a violation by a preponderance of the evidence.
- This means it is more likely than not that the violation occurred.
- Evidence can include testimony, reports, and records.
- Hearsay is sometimes allowed.

You still have important rights, including the right to be represented by counsel, to present evidence, and to cross-examine witnesses.

Because the burden of proof is lower than in a criminal trial, preparation is critical.

### Possible Outcomes After A Probation Violation

If the judge finds that a violation occurred, several outcomes are possible under the Texas Code of Criminal Procedure Art. 42A.752.

**Continued Probation**

The judge may allow you to remain on probation with no changes. This is more likely in cases involving minor or first-time violations.

**Modified Conditions**

The court may impose stricter terms, such as:

- Additional reporting requirements
- More drug testing
- Extended probation period
- Additional classes or counseling

**Short Jail Sanction**

In some cases, the judge may order a short jail stay as a condition of continued probation.

**Full Revocation And Sentencing**

If the violation is serious, the judge may revoke probation and impose a jail or prison sentence within the original sentencing range.

The outcome depends on the facts, your history on probation, and how the case is presented.

### Defenses To Probation Violations

Not every alleged violation leads to revocation. There are often valid defenses or explanations that can change the direction of the case.

**Lack Of Evidence**

The State must still prove the violation. Weak or incomplete evidence can be challenged.

**Inability To Pay**

If the violation involves unpaid fines or fees, the court must consider whether the failure was willful. Courts cannot punish someone solely for being unable to pay.

**Compliance Or Partial Compliance**

Showing that you made efforts to comply can matter. Documentation and records can support your position.

**Mistaken Identity Or Error**

Administrative errors, miscommunication, or incorrect reporting sometimes lead to false allegations.

**Mitigation**

Even when a violation occurred, presenting context, such as medical issues, employment challenges, or family emergencies. These can influence the judge’s decision.

### Why Early Legal Representation Matters

Timing plays a major role in probation violation cases. Early involvement allows us to:

- Communicate with the probation officer.
- Gather favorable evidence
- Prepare mitigation materials
- Advocate for bond or reduced sanctions.
- Position the case before the hearing.

Waiting until after the arrest or just before the hearing limits available options.

### What To Expect In Galveston And Houston Courts

Local court practices matter. Judges in Galveston County and Houston-area courts often look at:

- The nature of the violation
- Your prior compliance history
- Whether a new offense is involved
- Efforts to correct the issue
- Your overall credibility

We tailor the defense strategy to the specific court and judge handling your case.

### Long-Term Consequences Of A Revocation

A probation violation can have lasting effects beyond the immediate outcome. These may include:

- A permanent conviction if on deferred adjudication
- Loss of opportunities for record sealing
- Jail or prison time
- Difficulty finding employment
- Impact on professional licenses

Because of these risks, every violation should be taken seriously and addressed with a clear plan.

## Frequently Asked Questions About Probation Violations In Texas

### Can I Be Arrested Immediately After A Probation Violation Is Filed?

Yes. Once a motion to revoke or adjudicate is filed, a judge can issue a warrant for your arrest under the Texas Code of Criminal Procedure Article. 42A.751. In many cases, individuals are taken into custody without warning. Sometimes bond is available, but not always. The seriousness of the alleged violation and your history on probation can influence whether bond is granted. Acting quickly before a warrant is executed can sometimes improve your position and reduce the disruption to your life.

### What Happens If I Missed One Meeting With My Probation Officer?

Missing a single meeting can still be considered a violation. However, the context matters. If the absence was due to a valid reason and you communicate quickly with your probation officer, it may be resolved without formal action. If the issue escalates to a motion to revoke, we can present evidence showing it was an isolated incident. Judges often consider whether the violation reflects a pattern or a one-time mistake.

### Can I Go To Jail For A Technical Violation?

Yes, it is possible. Even technical violations such as missed appointments or failed drug tests can lead to jail time. That said, not every violation results in revocation. Courts often look at the overall picture, including your compliance history and the seriousness of the violation. Presenting a strong defense or mitigation can reduce the likelihood of jail.

### What Is The Burden Of Proof In A Probation Violation Hearing?

The State must prove a violation by a preponderance of the evidence. This is a lower standard than “beyond a reasonable doubt,” which applies in criminal trials. It means the judge must believe it is more likely than not that the violation occurred. Because the standard is lower, the defense must be prepared to challenge evidence and present a clear, credible response.

### Can A Probation Violation Be Dismissed?

Yes, in some situations. If the evidence is weak, inconsistent, or based on error, the judge may find that the State did not meet its burden. Additionally, if we present strong mitigation or show compliance, the court may choose not to revoke probation. Each case depends on its facts and how it is presented.

### What Happens If I Was Arrested For A New Offense While On Probation?

A new arrest can trigger a probation violation even before the new case is resolved. The court does not need a conviction to proceed with a violation hearing. The judge may consider the underlying facts of the new allegation. This makes it critical to coordinate the defense of both cases carefully, as actions in one case can affect the other.

### Can I Get Bond On A Probation Violation?

Bond is sometimes available, but it is not guaranteed. Judges have discretion in setting or denying bond in probation violation cases. Factors such as the seriousness of the violation, prior history, and risk of reoffending are considered. We advocate for reasonable bond conditions whenever possible.

### What Is Deferred Adjudication, And How Does A Violation Affect It?

Deferred adjudication allows a defendant to avoid a conviction if all conditions are completed successfully. However, if a violation occurs, the judge can proceed to adjudicate guilt under the Texas Code of Criminal Procedure Art. 42A.108. Once adjudicated, the court can impose any sentence within the full range for the offense. This is why violations during deferred adjudication carry significant risk.

### Can Probation Be Extended Instead Of Revoked?

Yes. In some cases, the judge may choose to extend the probation period rather than revoke it. This is more likely when the violation is not severe, and the individual shows a willingness to comply moving forward. Additional conditions may also be added. This outcome often depends on how the case is presented and whether mitigation is strong.

### Should I Talk To My Probation Officer About The Violation?

Communication can be helpful, but it should be handled carefully. Statements made to a probation officer can be used in court. Before discussing the situation in detail, it is often wise to speak with a defense attorney. We can help guide communication in a way that protects your rights while addressing the issue.

## Call Our Galveston Criminal Defense Attorney For Your Free Consultation

If you are facing a probation violation in Galveston County or anywhere in the Houston area, you need to act quickly. Mark Diaz & Associates defends individuals accused of probation violations and works to protect their freedom, their record, and their future.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston criminal defense attorney](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/) and to discuss your case. We represent clients in Galveston and throughout the city of Houston, Texas, and we are ready to help you take control of your situation.

**Categories:** Probation

---

### [Cell Phone Location Tracking And Privacy Laws](https://texascriminaljustice.com/cell-phone-location-tracking-and-privacy-laws/)

**Published:** May 5, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Cell Phone Location Tracking And Privacy Laws](https://texascriminaljustice.com/wp-content/uploads/2026/05/Cell-Phone-Location-Tracking-And-Privacy-Laws.png "Cell Phone Location Tracking And Privacy Laws")Cell phones record more than calls and messages. They create a detailed history of where a person goes, how long they stay, and who they may have been near. Law enforcement agencies in Texas often rely on this data when building criminal cases, especially in investigations involving drug offenses, violent crimes, and conspiracies. Many people do not realize how often their location information is collected, stored, and later accessed by police. When that data becomes part of a criminal case, it can play a major role in the outcome. We regularly defend clients in Galveston County and the Houston area who are surprised to learn how their phone data is being used against them.

Understanding how location tracking works, what legal limits apply, and how that evidence can be challenged is critical. Texas law, along with federal constitutional protections, places boundaries on when and how law enforcement can access this information. When those limits are crossed, it can open the door to suppressing key evidence. That can significantly change the direction of a case.

## How Cell Phone Location Tracking Works

Cell phone location tracking relies on several different technologies. Each method provides a different level of precision, and each raises its own legal questions.

The most common form is [cell site location information](https://www.nacdl.org/Content/Stingrays-and-Digital-Location-Tracking), often called CSLI. This data is generated when a phone connects to nearby cell towers. By analyzing those connections, investigators can estimate a phone’s location over time. CSLI can show patterns of movement, such as travel between cities or repeated visits to a specific location.

GPS data provides more precise tracking. Many smartphones use GPS services for maps and applications, which can store detailed location histories. This type of data can pinpoint a device within a much smaller area than CSLI.

Law enforcement may also use real-time tracking methods. These include pinging a phone through a service provider or using devices that simulate cell towers. These tools can track a phone’s movement as it happens, which raises serious privacy concerns.

Each of these methods involves accessing personal data, and each is subject to legal scrutiny under Texas and federal law.

### Legal Protections Under The Fourth Amendment

The [Fourth Amendment](https://constitution.congress.gov/constitution/amendment-4/) to the United States Constitution protects individuals from unreasonable searches and seizures. This protection extends to digital data, including cell phone location information.

A key legal principle is that law enforcement must generally obtain a warrant supported by probable cause before accessing certain types of location data. Courts have recognized that long-term tracking of a person’s movements reveals deeply personal details about their life. Because of that, warrantless access to this data may violate constitutional protections.

If officers obtain location data without a valid warrant or applicable exception, the evidence may be challenged in court. This is often done through a motion to suppress. If successful, the prosecution may lose one of its most important pieces of evidence.

### Texas Law On Electronic Data And Privacy

Texas has enacted statutes that address electronic communications and stored data. One of the most important provisions is found in the Texas Code of Criminal Procedure Article 18.21. This statute governs how law enforcement may obtain electronic customer data from service providers.

Under Article 18.21, different types of data require different legal processes. For example:

- Some records may be obtained with a subpoena.
- Other records require a court order.
- More sensitive information, including certain location data, requires a search warrant.

The statute is designed to balance investigative needs with privacy rights. However, mistakes do occur. When law enforcement fails to follow the correct procedure, it can create grounds for challenging the evidence.

[Texas Penal Code §16.02](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=16.02) also addresses unlawful interception of communications. While this statute primarily targets unauthorized wiretapping, it reflects the broader principle that private communications and related data are protected under Texas law.

### When Law Enforcement Can Access Location Data

There are several circumstances where law enforcement may lawfully obtain cell phone location data.

The most common method is through a search warrant. To obtain a warrant, officers must present a sworn affidavit to a judge establishing probable cause. The warrant must describe the data to be seized with sufficient particularity.

In some situations, officers may rely on exceptions to the warrant requirement. These may include:

- Exigent circumstances, such as an immediate threat to life
- Consent from the phone’s owner
- Situations involving abandoned property

However, these exceptions are narrowly applied. Courts closely examine whether the facts truly justified bypassing the warrant requirement.

We often review whether the warrant affidavit contained sufficient facts, whether the warrant was overly broad, and whether officers exceeded the warrant’s scope when collecting data.

### Common Criminal Cases Involving Location Tracking

Cell phone location data is frequently used in a wide range of criminal cases in Galveston County and throughout Texas.

In drug cases, prosecutors may use location data to show alleged travel to meet suppliers or customers. In theft or burglary cases, location records may be used to place a suspect near the scene of the offense. In violent crime investigations, such as assault or homicide, location data may be used to establish timelines or contradict alibis.

In conspiracy cases, location tracking is often combined with call records and text messages. Prosecutors may attempt to build a narrative showing coordination between individuals based on their movements and communications.

While this evidence can appear persuasive, it is not always accurate or reliable. That is why careful legal and technical analysis is essential.

### Challenging Cell Phone Location Evidence

Location data is not automatically admissible. There are several ways to challenge its use in court.

One of the most common challenges involves the legality of how the data was obtained. If officers failed to secure a proper warrant or violated statutory requirements under Texas Code of Criminal Procedure Article 18.21, the evidence may be subject to suppression.

Another issue is the reliability of the data. CSLI, for example, does not provide exact locations. It estimates position based on tower connections, which can be affected by terrain, network congestion, and other factors. GPS data can also be inaccurate or incomplete.

We may also examine whether the data was properly authenticated. Prosecutors must show that the records are what they claim to be and that they have not been altered.

In some cases, expert testimony may be necessary to explain the limitations of the technology. When jurors understand those limitations, it can reduce the weight they give to the evidence.

### Privacy Risks Beyond Criminal Cases

Cell phone tracking is not limited to criminal investigations. Private companies collect location data through apps and services. This data can be sold, shared, or accessed in ways that many users do not fully understand.

While these practices are often governed by user agreements, they still raise privacy concerns. In some cases, law enforcement may obtain this data from third parties. This creates additional legal questions about consent and expectation of privacy.

From a defense standpoint, it is important to identify the source of the data and the legal process used to obtain it.

### Why Early Legal Representation Matters

Cases involving digital evidence move quickly. Service providers may only retain certain records for a limited time. Warrants may be executed before a person even realizes they are under investigation.

Early involvement allows us to:

- Evaluate the legality of warrants and data requests.
- Preserve evidence that may support the defense.
- Identify constitutional violations
- Develop a strategy before charges are filed.

Waiting too long can limit available options and make it more difficult to challenge the evidence effectively.

**Long-Term Consequences Of Digital Evidence In Criminal Cases**

Cell phone location data can have a lasting impact on a criminal case. It can influence charging decisions, plea negotiations, and trial outcomes. Because it often appears technical and objective, juries may give it significant weight.

If not properly challenged, this type of evidence can lead to serious consequences, including felony convictions, incarceration, and a permanent criminal record.

That is why it is critical to address these issues early and thoroughly.

## **FAQs About Cell Phone Location Tracking And Privacy Laws**

### Can Police Track My Cell Phone Without A Warrant In Texas?

In most situations, law enforcement must obtain a warrant to access detailed cell phone location data, especially historical tracking over time. Courts have recognized that this type of data reveals private details about a person’s life. However, there are limited exceptions, such as emergencies involving immediate danger or situations where a person gives consent. If officers rely on an exception, the facts must clearly support that decision. If they do not, the defense may challenge the evidence and seek to have it excluded from court.

### What Is Cell Site Location Information, and How Accurate Is It?

Cell site location information, or CSLI, is data generated when a phone connects to nearby cell towers. It can show a general area where the phone was located at a given time. However, it is not precise. The accuracy depends on factors such as tower density, terrain, and network traffic. In urban areas, CSLI may be more detailed, but it still does not pinpoint an exact address. In rural or coastal areas like parts of Galveston County, the margin of error can be larger. This lack of precision can be important when challenging the prosecution’s claims.

### Can My Phone’s GPS Data Be Used Against Me In A Criminal Case?

Yes, GPS data can be used as evidence if it is lawfully obtained. This data can come from the phone itself, from apps, or from third-party services. Because GPS tracking can be very precise, it is often used to establish timelines or place a person at a specific location. However, the defense can challenge how the data was collected, whether proper legal procedures were followed, and whether the data is reliable. Technical issues, gaps in data, and improper handling can all affect its admissibility.

### What Happens If Police Get My Location Data Illegally?

If law enforcement obtains location data in violation of the Fourth Amendment or Texas law, the defense can file a motion to suppress the evidence. If the court agrees that the data was obtained unlawfully, it may be excluded from trial. In some cases, this can weaken the prosecution’s case to the point where charges are reduced or dismissed. Each situation depends on the specific facts and how central the evidence is to the case.

### Can Law Enforcement Track Me In Real Time?

Real-time tracking is more intrusive and is generally subject to strict legal requirements. Officers usually need a warrant supported by probable cause to track a phone as it moves. There are exceptions for emergencies, such as when someone’s life is at risk. Courts closely examine these situations to ensure that the exception was justified. If real-time tracking was conducted without proper authorization, it may be challenged in court.

### Do I Have Any Privacy Rights If I Use Apps That Collect Location Data?

Yes, but those rights can be affected by the terms you agree to when using the app. Many apps collect and store location data as part of their services. This data may be shared with third parties or accessed by law enforcement through legal processes. Even so, there are limits on how that data can be obtained and used in criminal cases. The defense can examine whether the proper legal steps were followed and whether your rights were respected.

### Can Cell Phone Location Data Be Wrong?

Yes, it can. CSLI is based on tower connections and does not provide exact locations. GPS data can also have errors due to signal interference, device issues, or software problems. In addition, data can be misinterpreted if the person analyzing it lacks proper training. These issues can be important when challenging the prosecution’s case and explaining the limitations of the evidence to a jury.

### How Long Do Phone Companies Keep Location Data?

Retention policies vary by provider and by the type of data. Some records may be kept for months, while others may be stored for shorter periods. Because of this, timing can be critical in a criminal investigation. Law enforcement may act quickly to obtain records before they are deleted. From a defense perspective, it is important to understand what data exists and how it was preserved.

### Can Location Data Be Used To Prove I Committed A Crime?

Location data can support a theory, but it does not automatically prove guilt. It may show that a phone was in a general area, but it does not always prove who was using the phone or what they were doing. Other evidence is usually needed to build a complete case. The defense can challenge how the data is interpreted and whether it truly supports the prosecution’s claims.

### Should I Talk to the Police If They Ask About My Phone Or Location?

It is generally in your best interest to speak with a defense attorney before answering questions from law enforcement. Statements about your phone, your movements, or your activities can be used against you. Even seemingly simple explanations can be taken out of context. Having legal guidance early helps protect your rights and prevents you from unintentionally harming your defense.

## Speak to Our Galveston County Defense Attorney About Your Criminal Case

If your case involves cell phone location tracking or digital evidence, the strategy must be precise and thorough from the start. Mark Diaz & Associates defends clients in Galveston County and throughout the city of Houston, Texas, against serious criminal charges involving electronic evidence.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston defense lawyer](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and discuss your legal options.

**Categories:** Criminal Defense Lawyer

---

### [Police Body Cameras And Defense Strategy](https://texascriminaljustice.com/police-body-cameras-and-defense-strategy/)

**Published:** May 6, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Police Body Cameras And Defense Strategy](https://texascriminaljustice.com/wp-content/uploads/2026/05/Police-Body-Cameras-And-Defense-Strategy.png "Police Body Cameras And Defense Strategy")Body-worn cameras have become a routine part of law enforcement across [Galveston County](https://www.galvestoncountytx.gov/) and the greater Houston area. Many people assume that video footage will always show exactly what happened and that it will quickly resolve a criminal case. That is not always how it works in practice. Body camera evidence can help or hurt a case depending on how it was recorded, preserved, and presented in court. We regularly review body camera footage in criminal cases, and we know that the details in that footage often determine whether a case is strong or weak.

Body camera video can capture statements, officer conduct, and key moments during an arrest. It can also leave out important context due to camera angles, audio issues, or when the device is turned off. Texas law governs how this evidence is collected, stored, and used. When we defend a criminal case, we treat body camera footage as a central piece of evidence that must be carefully analyzed, tested, and challenged where appropriate. Understanding how body camera evidence fits into a defense strategy can significantly affect the outcome of your case.

## What Police Body Cameras Record And Why It Matters

Police body cameras are designed to record interactions between officers and the public. These recordings often include traffic stops, arrests, searches, and statements made at the scene. In many cases, this footage becomes one of the most important pieces of evidence in a prosecution.

However, body cameras do not always capture everything. Officers may activate the camera after an encounter begins, or audio may be unclear due to background noise. Camera angles can distort distance, movement, or physical positioning. Lighting conditions along the coast or at night in Galveston can also affect what is visible.

For a defense strategy, we do not assume the footage tells the full story. Instead, we evaluate what is shown, what is missing, and whether the recording aligns with the officer’s written report. Inconsistencies between the video and the reports can create powerful arguments in court.

## Texas Laws Governing Body Camera Evidence

Texas law addresses how body camera recordings are handled and disclosed. [Texas Government Code §418.1305](https://statutes.capitol.texas.gov/docs/GV/htm/GV.418.htm) establishes requirements for law enforcement agencies that use body-worn cameras, including policies for activation, retention, and storage.

Under Texas Code of Criminal Procedure [Article 39.14](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.39.htm), often referred to as the Michael Morton Act, the State must disclose evidence to the defense, including body camera footage, upon request. This statute requires prosecutors to provide the defense with access to materials relevant to the defense, including video recordings in most criminal cases.

Public access to body camera footage is governed in part by Texas Government Code [§552.1085](https://codes.findlaw.com/tx/government-code/gov-t-sect-552-1085/), which imposes restrictions on the release of recordings. While this affects public records requests, it does not limit a defendant’s right to obtain evidence in a criminal case.

These laws create a framework, but they do not guarantee that footage is complete, accurate, or properly handled. That is where defense strategy becomes critical.

## How Body Camera Footage Is Used By Prosecutors

Prosecutors often rely heavily on body camera recordings to support their case. They may use the footage to show:

- Alleged signs of intoxication
- Statements made by the accused
- The sequence of events during a stop or arrest
- Officer observations and commands
- Physical evidence at the scene

In many cases, prosecutors present body camera video as objective proof. However, the video is still subject to interpretation. A camera does not always capture intent, context, or the full environment.

We analyze how the State plans to use the footage and whether it actually supports their claims. A close review often reveals gaps that are not obvious at first glance.

## Defense Strategies Involving Body Camera Evidence

### Identifying Inconsistencies Between Video And Police Reports

One of the most effective defense approaches is comparing the officer’s written report to the body camera footage. If the report claims certain behavior that is not visible on video, that discrepancy can raise questions about credibility.

For example, if an officer claims a suspect was unsteady or slurring speech, but the footage does not clearly support that observation, it can weaken the prosecution’s case.

### Challenging The Timing Of Recording

In some cases, the camera is not activated at the beginning of the encounter. This can be critical. The events leading up to the recording may involve issues such as:

- Lack of reasonable suspicion for a stop
- Improper conduct by law enforcement
- Statements made before Miranda warnings

If key moments are missing, we can argue that the evidence is incomplete and unreliable.

### Examining Audio Quality And Clarity

Audio problems are common in body camera footage. Wind, traffic, and multiple speakers can make it difficult to understand what was said. When statements are unclear, the prosecution may attempt to interpret them in a way that favors their case.

We carefully review audio to determine whether statements are being accurately represented. If the audio is ambiguous, that uncertainty can benefit the defense.

### Analyzing Camera Angles And Perspective

Body cameras are worn on an officer’s chest or shoulder, which means they do not capture a full view of the scene. The footage may not show hand movements, facial expressions, or actions outside the frame.

This limitation can be important in cases involving alleged resistance, self-defense, or disputed conduct. We often use this to challenge the completeness of the State’s evidence.

### Investigating Missing Or Deleted Footage

When expected footage is missing, it raises serious concerns. Texas law requires agencies to follow retention policies, but errors or failures can occur.

If evidence was not preserved, we may raise spoliation issues. Courts may consider whether missing footage affects the fairness of the case.

## Constitutional Issues And Body Camera Evidence

Body camera footage often intersects with constitutional protections. The Fourth Amendment governs searches and seizures, while the Fifth Amendment protects against self-incrimination.

For example, if body camera footage shows that a search was conducted without a warrant or valid exception, we may file a motion to suppress under Texas Code of Criminal Procedure Article 38.23. This statute allows courts to exclude evidence obtained in violation of the law.

Similarly, if statements were obtained without proper Miranda warnings, the footage may support a motion to exclude those statements.

These constitutional issues can significantly impact whether evidence is admitted in court.

## How Body Camera Footage Affects Plea Negotiations

Body camera evidence often plays a major role in plea discussions. Clear video supporting the State’s case may increase pressure to resolve the case early. On the other hand, footage that raises questions can create leverage for the defense.

We use body camera analysis to:

- Identify weaknesses in the prosecution’s case.
- Challenge assumptions about the evidence
- Support requests for reduced charges
- Advocate for favorable resolutions.

A detailed review of the footage can change how both sides evaluate the case.

## The Role Of Experts In Analyzing Body Camera Evidence

In some cases, technical or forensic analysis of body camera footage is necessary. This may involve reviewing metadata, frame rates, or audio enhancement.

While not every case requires this level of analysis, complex cases may benefit from a deeper examination of how the footage was recorded and whether it has been altered or compressed.

We determine when additional analysis is appropriate based on the facts of the case.

## What You Should Do If Body Camera Footage Exists In Your Case

If your case involves body camera evidence, early action is important. You should avoid discussing the footage with anyone other than your attorney. Statements made after the fact can be used against you.

We focus on securing the footage as early as possible, reviewing it in detail, and building a strategy based on what it shows and what it does not show.

## Frequently Asked Questions About Police Body Cameras And Defense Strategy

### Can Body Camera Footage Be Used Against Me In Court?

Yes, body camera footage is commonly used as evidence in Texas criminal cases. Prosecutors often present it to show what happened during a police encounter. However, the footage must still meet legal standards for admissibility. If the video was obtained in violation of your rights, it may be challenged under Texas Code of Criminal Procedure Article 38.23. The way the footage is interpreted also matters. A video does not automatically prove guilt; it must be considered alongside all other evidence in the case.

### Do Police Officers Have To Turn On Their Body Cameras In Texas?

Texas law requires agencies to adopt policies for body camera use under Texas Government Code §418.1305, but it does not guarantee that an officer will record every interaction. Policies vary by department, and officers may fail to activate cameras in certain situations. When a camera is not activated, it can raise questions about what occurred before recording began. This can be important in building a defense strategy, especially if key events are not captured.

### What Happens If Body Camera Footage Is Missing?

Missing footage can become a significant issue in a criminal case. If the recording should have existed but was not preserved, it may raise concerns about evidence handling. Courts may consider whether the loss of footage affects the fairness of the trial. In some cases, the defense may argue that missing evidence creates reasonable doubt. Each situation depends on the facts and the reason the footage is unavailable.

### Can Body Camera Video Be Challenged In Court?

Yes, body camera footage can be challenged in several ways. The defense may question how the footage was recorded, whether it is complete, and whether it accurately reflects what happened. Issues such as poor audio, limited camera angles, or inconsistencies with police reports can all be used to challenge the reliability of the video. Courts do not treat body camera footage as infallible, and it can be tested like any other piece of evidence.

### Will The Jury Always Believe What They See On Body Camera Video?

Jurors often find video evidence persuasive, but that does not mean they accept it without question. The defense has the opportunity to explain limitations in the footage, highlight inconsistencies, and present alternative interpretations. Factors such as lighting, perspective, and missing context can influence how the video is understood. Effective presentation of these issues can shape how a jury views the evidence.

### Can Body Camera Footage Help My Defense?

Yes, in many cases, body camera footage can support the defense. It may show that the officer’s report is inaccurate, that your behavior was not as described, or that your rights were violated. Video can also capture statements or actions that support your version of events. A careful review of the footage is essential to determine how it can be used to your advantage.

### How Do I Get Access To Body Camera Footage In My Case?

Your attorney can request the footage through the discovery process under Texas Code of Criminal Procedure Article 39.14. Prosecutors are required to provide access to evidence that is material to the case. This includes body camera recordings in most situations. Once obtained, the footage can be reviewed and analyzed as part of your defense.

### Can Body Camera Footage Be Edited Or Altered?

Law enforcement agencies are required to maintain the integrity of evidence, but questions can arise about editing or alteration. In some cases, footage may be compressed, clipped, or exported in ways that affect its quality. If there are concerns about authenticity, further analysis may be necessary. Courts take these issues seriously, and any indication of tampering can impact the admissibility of the evidence.

### What If The Audio On The Body Camera Is Unclear?

Unclear audio can create uncertainty about what was said during an encounter. If statements are not clearly audible, the prosecution may attempt to interpret them to support their case. The defense can challenge those interpretations and argue that the evidence is unreliable. In some cases, unclear audio can weaken the State’s position.

### Should I Talk About The Video With Police Or Prosecutors?

It is generally not advisable to discuss evidence with law enforcement or prosecutors without legal representation. Anything you say can be used against you. Even casual comments about the footage may be interpreted in a way that harms your case. It is best to let your attorney handle all communication and strategy decisions.

## Call Mark Diaz & Associates For A Strong Defense Strategy Against Bodycam Evidence

If you are facing criminal charges in Galveston County or anywhere in Houston, body camera footage may play a major role in your case. Mark Diaz & Associates is committed to examining every detail of the evidence and building a defense that protects your rights at every stage.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or treated like just another file on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense attorneys](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/). We represent clients in Galveston and throughout Houston, Texas, and are ready to help you take control of your defense.

**Categories:** Criminal Defense Lawyer

---

### [Social Media Evidence And Criminal Charges in Texas](https://texascriminaljustice.com/social-media-evidence-and-criminal-charges-in-texas/)

**Published:** May 7, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Social Media Evidence And Criminal Charges in Texas](https://texascriminaljustice.com/wp-content/uploads/2026/05/Social-Media-Evidence-And-Criminal-Charges-in-Texas.png "Social Media Evidence And Criminal Charges in Texas")Social media plays a central role in how people communicate, share experiences, and express opinions. What many people do not realize is that these same platforms can become powerful tools for law enforcement and prosecutors. In [Galveston County](https://www.galvestoncountytx.gov/) and throughout Texas, social media content is routinely used to investigate, charge, and prosecute criminal cases. A single post, message, or photo can be interpreted in ways that lead to serious legal consequences. We regularly see cases where online activity becomes a key piece of evidence, even when the person never expected their content to be reviewed in a criminal context. Understanding how social media evidence is used in Texas criminal cases is essential if you are under investigation or facing charges.

## How Social Media Becomes Evidence In Texas Criminal Cases

Law enforcement agencies actively monitor social media platforms during investigations. Officers may review public posts, search for profiles connected to suspects, and collect digital evidence without ever contacting the individual directly. In many cases, information shared publicly can be accessed without a warrant.

Under Texas law, prosecutors must still follow evidentiary rules when presenting social media evidence in court. [Texas Rules of Evidence 901](https://txcourts.gov/media/1442383/texas-rules-of-evidence-updated-with-amendments-effective-112018.pdf) requires authentication, meaning the State must show that the content actually belongs to the defendant and has not been altered. This often involves linking usernames, email addresses, IP logs, or testimony from witnesses who can confirm authorship.

Even private messages can become evidence. If law enforcement obtains a warrant under Texas Code of Criminal Procedure [Article 18.02](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm), they may access stored communications, account data, and metadata from service providers. Social media companies often comply with these requests when properly served.

### Common Types Of Social Media Evidence Used By Prosecutors

We frequently see prosecutors rely on several types of social media content:

- Photos or videos showing alleged criminal activity
- Messages that suggest intent or planning
- Location data tied to posts or check-ins
- Statements that contradict a defendant’s version of events
- Associations with other individuals involved in a case

For example, in a drug case under Texas Health and Safety Code [§481.112](https://statutes.capitol.texas.gov/getstatute.aspx?Code=HS&Value=481.112), prosecutors may use messages that appear to show distribution activity. In assault cases under Texas Penal Code §22.01, posts or comments can be used to argue motive or state of mind.

Even content that seems harmless on its own can be combined with other evidence to build a narrative.

## Legal Issues With Social Media Evidence In Texas

While social media evidence can be powerful, it is not always reliable or admissible without challenge. Several legal issues often arise.

### Authentication Problems

The State must prove that the defendant created or controlled the account. This is not always straightforward. Fake accounts, shared devices, and hacked profiles can create doubt. If the prosecution cannot properly authenticate the evidence under Texas Rules of Evidence 901, it may be excluded.

### Hearsay Concerns

Statements made online can raise hearsay issues under Texas Rules of Evidence 801. While some statements may qualify as admissions by a party opponent, others may not be admissible depending on how they are offered.

### Fourth Amendment Violations

The Fourth Amendment protects against unlawful searches and seizures. If law enforcement accesses private messages or account data without a valid warrant, the evidence may be suppressed. Texas courts examine whether the defendant had a reasonable expectation of privacy in the content.

### Context And Misinterpretation

Social media posts are often taken out of context. Humor, sarcasm, or exaggeration can be misunderstood. Prosecutors may present isolated statements without considering the broader conversation. We often challenge these interpretations by providing full context.

## Criminal Charges Commonly Involving Social Media Evidence

Social media evidence appears in a wide range of Texas criminal cases.

### Drug Offenses

In cases involving controlled substances under Texas Health and Safety Code Chapter 481, messages and posts can be used to suggest distribution, possession, or conspiracy. Photos showing drugs, cash, or packaging materials are frequently introduced.

### Assault And Violent Crimes

Under Texas Penal Code §22.01 and related statutes, social media posts may be used to show threats, prior disputes, or intent. Videos or photos can also be used as direct evidence of alleged conduct.

### Harassment And Online Threats

Texas Penal Code §42.07 addresses harassment, including electronic communications intended to harass, annoy, alarm, abuse, torment, or embarrass another person. Social media messages are often central to these cases.

### Terroristic Threats

Under Texas Penal Code §22.07, statements posted online that are perceived as threats can lead to serious charges. Even vague or exaggerated statements may be interpreted as credible threats depending on the circumstances.

### Tampering With Evidence

Deleting or altering social media content after learning of an investigation can lead to additional charges under Texas Penal Code §37.09. Many people assume deleting a post will help, but it can create further legal exposure.

## Can Deleted Social Media Content Be Recovered?

Many people believe that deleting a post removes it permanently. In reality, digital evidence often remains accessible.

Social media companies may retain data for a period of time. Law enforcement can obtain this data through a legal process. In addition, screenshots taken by other users can be introduced as evidence. Forensic experts can sometimes recover deleted data from devices.

Because of this, attempting to delete content after an incident can create more problems than it solves.

## The Role Of Search Warrants And Subpoenas

Accessing private social media content usually requires a legal process. Under Texas Code of Criminal Procedure Article 18.02, law enforcement may obtain search warrants for electronic data, including:

- Direct messages
- Account registration information
- IP logs
- Stored media files

Subpoenas may also be used to obtain certain records. The scope of what can be accessed depends on the legal authority obtained and the type of data requested.

We closely review whether law enforcement followed proper procedures. If not, there may be grounds to challenge the evidence.

## How We Defend Cases Involving Social Media Evidence

Every case involving social media requires a detailed and technical approach. Our defense strategy focuses on several key areas.

### Examining The Source Of The Evidence

We investigate how the evidence was obtained. If there are issues with warrants, subpoenas, or data collection methods, we may challenge admissibility.

### Challenging Authentication

We hold the State to its burden of proving that the content belongs to our client. If there is doubt about authorship or control of the account, that doubt can be critical.

### Providing Context

We present the full context of statements and posts. This often changes how the evidence is viewed and can weaken the prosecution’s arguments.

### Working With Digital Forensic Experts

In complex cases, we consult forensic specialists who can analyze metadata, timestamps, and data integrity. This can expose inconsistencies or errors in the State’s evidence.

### Protecting Against Additional Charges

We advise clients early in the case to avoid actions that could lead to additional charges, such as tampering with evidence or making further statements online.

## Why Early Legal Representation Matters

Social media evidence can shape a case from the very beginning. Early involvement allows us to:

- Preserve favorable evidence
- Prevent damaging statements
- Identify legal issues before charges are filed.
- Build a defense strategy tailored to the digital evidence.

Waiting too long can limit available options and allow the prosecution to strengthen its case.

## Long-Term Consequences Of Social Media-Based Charges

Criminal charges supported by social media evidence can have lasting effects beyond the courtroom. A conviction may impact:

- Employment opportunities
- Professional licenses
- Housing applications
- Reputation in the community
- Immigration status for non-citizens

Because online content can be widely shared, reputational harm can extend far beyond the legal process.

## Frequently Asked Questions About Social Media Evidence And Criminal Charges

### Can Social Media Posts Really Be Used Against Me In A Criminal Case?

Yes, social media posts are frequently used as evidence in Texas criminal cases. Prosecutors can use public posts without a warrant and may obtain private content through legal process. Courts allow this evidence as long as it meets the rules for authentication and admissibility. Even posts that seem harmless can be interpreted as evidence of intent, knowledge, or involvement. Many people underestimate how closely law enforcement reviews online activity during investigations.

### Do I Have A Right To Privacy On Social Media?

It depends on the type of content. Public posts generally do not carry a reasonable expectation of privacy, meaning law enforcement can view and collect them without a warrant. Private messages and restricted content may be protected, but they can still be accessed through search warrants or subpoenas. Courts look at whether you took steps to limit access and whether the information was shared with others. Once content is shared, even privately, it may still reach law enforcement through other users.

### Should I Delete Posts If I Am Under Investigation?

Deleting posts can create serious legal risks. Under Texas Penal Code §37.09, destroying or altering evidence during an investigation can lead to additional criminal charges. Even if your intention is to protect yourself, the law may treat deletion as an attempt to conceal evidence. It is far safer to speak with a defense lawyer before taking any action involving your social media accounts.

### Can Police Create Fake Profiles To Investigate Me?

In some situations, law enforcement may use undercover accounts to gather information. Courts have generally allowed this type of investigation when officers do not violate constitutional rights. However, there are limits. If officers engage in conduct that violates due process or entrapment principles, that may be challenged in court. Each case depends on the specific facts and how the evidence was obtained.

### What If Someone Else Posted Content From My Account?

This is a common defense issue. The State must prove that you were the person who created or controlled the content. If multiple people had access to the account or device, that can create reasonable doubt. We often examine login data, device records, and witness testimony to challenge authorship. The burden remains on the prosecution to prove that the content belongs to you.

### Are Screenshots Of Social Media Posts Admissible In Court?

Screenshots can be admitted, but they must be authenticated. The State must show that the screenshot accurately reflects the original content and has not been altered. This may involve testimony from a witness who captured the image or digital evidence linking it to a specific account. We often challenge screenshots by questioning their accuracy, completeness, and source.

### Can Old Social Media Posts Be Used In A Current Case?

Yes, older posts can still be used if they are relevant to the charges. Prosecutors may introduce past statements to show intent, motive, or a pattern of behavior. However, there are limits. Evidence must still meet relevance standards under Texas Rules of Evidence 401 and 403. If the probative value is outweighed by unfair prejudice, it may be excluded.

### How Do Warrants Work For Social Media Accounts?

Law enforcement must obtain a warrant under Texas Code of Criminal Procedure Article 18.02 to access certain types of private data. The warrant must be supported by probable cause and approved by a judge. It will specify the scope of information that can be collected. If officers exceed that scope or fail to follow proper procedures, the evidence may be challenged.

### Can Social Media Evidence Be Used Even If It Was Taken Out Of Context?

Prosecutors often present isolated posts or messages, but context matters. A statement that appears incriminating on its own may have a very different meaning when viewed in the context of the full conversation. We focus on presenting the complete picture, including surrounding messages, tone, and timing. This can significantly affect how a judge or jury views the evidence.

### Should I Stop Using Social Media If I Am Facing Charges?

Limiting social media use is often a wise decision during a criminal case. Anything you post can potentially be used against you. Even indirect statements or interactions can raise issues. We typically advise clients to avoid posting about the case or anything that could be misinterpreted. Careful communication is essential while your case is pending.

## Contact Our Galveston Criminal Defense Lawyers For A Strong Defense

If you are under investigation or facing criminal charges involving social media evidence, you need a defense strategy that addresses both the legal and digital aspects of your case. Mark Diaz & Associates represents clients in Galveston and throughout the city of Houston, Texas, handling complex criminal cases where online activity plays a central role.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal defense lawyers](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](https://texascriminaljustice.com/landing-form/) and start building your defense.

**Categories:** Criminal Defense Lawyer

---

### [Criminal Trespass Laws In Texas](https://texascriminaljustice.com/criminal-trespass-laws-in-texas/)

**Published:** May 8, 2026
**Author:** Mark Diaz & Associates

**Content:**

![No trespassing sign on a chain-link fence at the beach, prohibiting climbing the fence with a red circle and diagonal line near a police car and houses in the background]](https://texascriminaljustice.com/wp-content/uploads/2026/05/Criminal-Trespass-Laws-In-Texas.png "Criminal Trespass Laws In Texas")A criminal trespass arrest in Texas may seem minor at first, but the consequences can become serious quickly. Many people are charged after misunderstandings, arguments, public disturbances, or situations where they believed they had permission to stay on the property. In [Galveston](https://www.galveston.com/) and the Greater Houston area, law enforcement often arrests people for criminal trespass involving apartment complexes, bars, businesses, schools, private neighborhoods, hotels, and family disputes.

Although trespass is often charged as a misdemeanor, a conviction can still cause problems with employment, housing applications, professional licensing, and background checks. If you have been arrested or accused of criminal trespass in Texas, it is important to understand how the law works and what defenses may apply to your case.

## How Texas Defines Criminal Trespass

Texas criminal trespass laws are primarily found under Texas Penal Code [§30.05](https://codes.findlaw.com/tx/penal-code/penal-sect-30-05/). A person commits criminal trespass if they enter or remain on property without effective consent and have notice that entry was forbidden or were told to leave but failed to do so.

Texas Penal Code §30.05 states in part:

*“A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:*

*(1) had notice that the entry was forbidden; or*

*(2) received notice to depart but failed to do so.”*

The prosecution must prove each part of the offense beyond a reasonable doubt. In many cases, the issue centers around whether proper notice was actually given or whether the accused person had permission to be on the property.

### What Counts As Notice Under Texas Law

One of the most important issues in a criminal trespass case is whether the accused person received legally sufficient notice.

Under Texas Penal Code §30.05(b)(2), notice can include:

- Oral or written communication
- Fencing or enclosures meant to exclude intruders.
- Signs posted on the property
- Purple paint marks on trees or posts under Texas property marking laws
- Visible crops are being grown for human consumption.
- Presence of livestock on agricultural land

This means someone can face criminal charges even without direct confrontation if the property was clearly marked.

However, not every sign or warning automatically creates a valid criminal trespass case. We examine whether signs were visible, properly placed, understandable, and legally sufficient under Texas law.

## Criminal Trespass Penalties In Texas

The level of punishment depends on the facts of the case and the location involved.

Most criminal trespass charges are Class B misdemeanors under [Texas Penal Code §30.05(d)](https://statutes.capitol.texas.gov/docs/pe/pdf/pe.30.pdf). A Class B misdemeanor carries penalties of:

- Up to 180 days in county jail
- A fine of up to $2,000
- Possible probation and court conditions

The offense can become more serious in certain situations.

### Class A Misdemeanor Criminal Trespass

A criminal trespass charge may be enhanced to a Class A misdemeanor if the trespass occurred in a habitation or shelter center.

A Class A misdemeanor is punishable by:

- Up to one year in county jail
- A fine of up to $4,000

### State Jail Felony Trespass

Certain repeat offender situations or trespass involving critical infrastructure can result in felony-level charges.

For example, Texas Penal Code §30.05(d)(3) allows enhancement in some cases involving critical infrastructure facilities.

These cases require immediate legal attention because felony convictions carry long-term consequences affecting nearly every aspect of a person’s future.

## Criminal Trespass And Family Or Domestic Disputes

Many criminal trespass arrests happen during family disputes or breakups. One spouse or partner may call the police, claiming the other person is no longer allowed on the property.

These situations can become legally complicated very quickly because ownership rights, lease agreements, and prior permission may still exist.

We frequently examine issues such as:

- Whether the accused person lived at the property
- Whether personal belongings remained there
- Whether both parties were listed on a lease
- Whether prior consent had been revoked clearly and legally

A person should not automatically assume the police version of events is accurate simply because officers made an arrest.

## Defenses To Criminal Trespass Charges In Texas

Every case depends on the facts, but several defenses commonly arise in Texas trespass cases.

### Lack Of Notice

One of the strongest defenses is lack of legally sufficient notice. The prosecution must prove the accused knew entry was forbidden or was told to leave and refused.

We often challenge:

- Whether the signs were visible
- Whether the warnings were clear
- Whether the accused actually heard or understood instructions
- Whether notice was legally adequate under Texas law

If proper notice cannot be proven, the State may have difficulty securing a conviction.

### Effective Consent

Texas law requires proof that the accused lacked effective consent to enter or remain on the property.

Consent issues frequently arise when:

- The accused was previously invited onto the property.
- A tenant or resident gave permission.
- The accused reasonably believed they had permission to enter.

These factual disputes are important and can significantly affect the outcome of the case.

### Mistaken Identity

In crowded public areas, apartment complexes, events, or businesses, mistaken identity can occur.

We examine:

- Surveillance footage
- Witness credibility
- Lighting conditions
- Police reports and inconsistencies.

The State must prove the identity of the accused beyond a reasonable doubt.

### Insufficient Evidence

Some criminal trespass arrests are based almost entirely on accusations without reliable evidence.

If the prosecution cannot establish each required element under Texas Penal Code §30.05, dismissal or reduction may be possible.

## Criminal Trespass And School Property

Trespass allegations involving schools can carry heightened concern. Under Texas law, schools may issue written warnings barring individuals from campus property.

Parents, former students, visitors, and even contractors can face criminal allegations if accused of violating those restrictions.

These cases often involve disputes about:

- Whether the notice was properly issued
- Whether the accused had legitimate reasons for being present
- Whether emergency circumstances existed

Because school-related allegations can damage reputations and employment opportunities, these cases should be handled carefully.

## Immigration Consequences Of Criminal Trespass Convictions

For non-citizens, even misdemeanor convictions can create immigration concerns.

Depending on the circumstances, criminal trespass convictions may affect:

- Visa applications
- Adjustment of status requests
- Naturalization eligibility
- Removal proceedings

Immigration consequences are highly fact-specific. A defense strategy should consider both criminal and immigration exposure whenever possible.

## Long-Term Effects Of A Criminal Trespass Conviction

Many people underestimate the long-term impact of a misdemeanor conviction.

A criminal trespass conviction may appear during:

- Employment background checks
- Apartment applications
- Professional licensing reviews
- Security clearance investigations
- College admissions reviews

Even if jail time is avoided, the existence of a permanent criminal record can create lasting problems.

This is why fighting the charge seriously from the beginning matters.

## Deferred Adjudication And Dismissal Options

Some defendants may qualify for deferred adjudication or pretrial diversion programs depending on their criminal history and the facts of the case.

Successful completion may help avoid a final conviction. However, deferred adjudication still carries consequences and should be reviewed carefully before accepting any plea offer.

We analyze whether:

- Dismissal options exist
- Suppression issues may apply.
- Negotiated outcomes can protect the client’s record.
- Trial is the better course of action.

No two criminal trespass cases are exactly alike.

## Why Early Defense Matters In Criminal Trespass Cases

The earlier a defense lawyer becomes involved, the greater the opportunity to preserve favorable evidence and identify weaknesses in the prosecution’s case.

Early intervention may allow us to:

- Obtain surveillance footage before deletion.
- Interview witnesses while memories remain fresh
- Challenge inaccurate police reports.
- Prevent statements that could damage the defense.
- Negotiate proactively with prosecutors.

What appears to be a “small misdemeanor” can quickly become much more serious if handled improperly.

## Frequently Asked Questions About Criminal Trespass Laws In Texas

### Can You Be Arrested For Criminal Trespass Without Entering A Building?

Yes. Under Texas Penal Code §30.05, criminal trespass can involve land, buildings, vehicles, agricultural property, apartment complexes, and other areas. A person does not have to enter a house or enclosed structure to face charges. For example, remaining in a fenced area after being warned to leave may still lead to arrest.

### Is Criminal Trespass A Felony In Texas?

Most criminal trespass cases are misdemeanors. However, certain situations can increase the severity of the charge. Trespassing in a habitation or shelter center may become a Class A misdemeanor. Repeat offenses or allegations involving critical infrastructure facilities may result in felony-level charges. The exact classification depends on the facts and the defendant’s criminal history.

### What Happens If Someone Tells You To Leave Private Property?

If a property owner, authorized employee, or person with authority tells someone to leave private property and the person refuses, law enforcement may treat the situation as criminal trespass. The prosecution must still prove that proper notice was given and that the accused intentionally remained without consent.

### Can Criminal Trespass Charges Be Dropped?

Yes. Some criminal trespass cases are dismissed because of weak evidence, insufficient notice, witness credibility issues, or constitutional concerns. In other situations, diversion programs or negotiated resolutions may be available. Every case requires careful review of the facts and evidence.

### Does A No Trespass Warning Stay On Your Record?

A no trespass warning itself is not necessarily a criminal conviction. However, if an arrest or formal criminal charge occurs, the record may appear in background searches unless the case qualifies for expunction or nondisclosure under Texas law. Whether a person qualifies depends on how the case was resolved.

### Can You Be Charged With Trespassing At An Apartment Complex?

Yes. Apartment complexes are common locations for criminal trespass arrests in Galveston and Houston. Property managers and law enforcement sometimes issue criminal trespass warnings to visitors, former tenants, or guests accused of violating property rules. However, these cases often involve disputes about whether permission existed or whether proper notice was given.

### What If You Did Not See The Trespassing Sign?

A person may have a defense if the signs were not visible or reasonably noticeable. Texas law requires legally sufficient notice. We frequently examine the location, placement, size, lighting, and visibility of signs when evaluating trespass allegations.

### Can Criminal Trespass Affect Employment?

Yes. Even misdemeanor convictions may create employment problems. Employers often conduct background checks, especially for jobs involving government work, healthcare, education, transportation, or financial services. A conviction can also affect professional licenses and certifications.

### Can You Go To Jail For Criminal Trespass In Texas?

Yes. A Class B misdemeanor criminal trespass conviction carries a maximum punishment of 180 days in county jail. More serious classifications may carry even greater penalties. While some defendants receive probation or deferred adjudication, jail exposure still exists under Texas law.

### Is Criminal Trespass The Same As Burglary?

No. Burglary involves entering a building or habitation with the intent to commit theft, assault, or another felony under Texas Penal Code §30.02. Criminal trespass generally involves unauthorized entry or remaining on property without consent. Burglary charges are far more serious and often involve felony prosecution.

### Can Police Arrest Someone For Trespassing Based Only On A Complaint?

Police officers sometimes make arrests based largely on statements from property owners, employees, or witnesses. However, the State still carries the burden of proving the case beyond a reasonable doubt. Independent evidence, witness credibility, and inconsistencies often become important issues in court.

### What Should You Do After A Criminal Trespass Arrest?

A person should avoid making detailed statements to law enforcement and should speak with a criminal defense lawyer as soon as possible. Early legal representation can help preserve evidence, identify defenses, and prevent mistakes that could harm the case later.

## Contact Our Galveston Criminal Trespass Defense Lawyers For A Free Consultation

If you were arrested or accused of criminal trespass in Galveston County or the Houston area, you should take the charge seriously. Even misdemeanor allegations can create lasting consequences for your record, employment opportunities, and future.

Mark Diaz & Associates defends clients charged with criminal trespass and other misdemeanor and felony offenses throughout Galveston and across the city of Houston, Texas. We carefully examine the facts, challenge weak evidence, and work aggressively to protect our clients at every stage of the case.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston County criminal defense lawyer](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/) and learn how we can help defend you against criminal trespass charges in Texas.

**Categories:** Criminal Defense Lawyer

---

### [Cryptocurrency Crimes And Texas Prosecution](https://texascriminaljustice.com/cryptocurrency-crimes-and-texas-prosecution/)

**Published:** May 9, 2026
**Author:** Mark Diaz & Associates

**Content:**

![VariousCryptocurrencyCoinsLayScatteredOnADarkTableA](https://texascriminaljustice.com/wp-content/uploads/2026/05/Estate-Planning-For-Cryptocurrency-Owners.jpg "VariousCryptocurrencyCoinsLayScatteredOnADarkTableA")Cryptocurrency has transformed how people send money, invest, and do business. Bitcoin, Ethereum, and other digital assets are now common in [Galveston County](https://www.galvestoncountytx.gov/) and across the state. As a result, law enforcement and prosecutors are paying closer attention to cryptocurrency transactions, online financial activity, and blockchain records. Many people are surprised to find out that using cryptocurrency can lead to serious state or federal criminal charges. We often talk to clients who never thought a crypto investment, transfer, or online transaction could put them under investigation until law enforcement reached out or executed a search warrant.

Texas prosecutors are now more aggressive with cryptocurrency-related cases. Investigators team up with digital forensic experts, blockchain tracking companies, banks, exchanges, and federal agencies to trace financial activity linked to alleged crimes. Prosecutors often claim cryptocurrency was used to hide transactions, launder money, commit fraud, or buy illegal goods online. Even people who did not think they were breaking the law can suddenly face felony charges, prison time, large fines, and asset seizure.

If you are under investigation or charged with a cryptocurrency-related offense in [Galveston](https://www.galveston.com/), or anywhere in Texas, it is important to understand how these cases are prosecuted.

## How Texas Prosecutors Handle Cryptocurrency Crime Cases

Texas does not have a single criminal statute specifically titled “cryptocurrency crime.” Instead, prosecutors usually apply existing criminal laws to conduct involving digital assets. Depending on the allegations, charges may involve fraud, theft, money laundering, computer crimes, or organized criminal activity.

Many cryptocurrency investigations begin after:

- Suspicious bank activity reports
- Complaints from alleged victims
- Exchange account freezes
- Federal investigations
- Online marketplace activity
- Social media promotions involving tokens or investments
- Alleged hacking incidents

Texas prosecutors often work alongside federal agencies such as:

- The FBI
- Homeland Security Investigations
- The IRS Criminal Investigation Division
- The Secret Service
- The Department of Justice

Since cryptocurrency transactions can move across state and international borders almost instantly, these cases are often bigger and more complex than traditional financial investigations.

### Cryptocurrency Fraud Charges In Texas

One of the most common allegations tied to cryptocurrency is fraud. Prosecutors may claim a person intentionally deceived another individual in connection with digital currency transactions or investments.

[Texas Penal Code §32.46](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=32.46) addresses securing execution of a document by deception. Prosecutors may use this statute in cases involving false statements tied to investments or financial transactions.

[Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03) governs theft offenses. In cryptocurrency cases, prosecutors may allege that digital assets were unlawfully taken from another person through deception, hacking, unauthorized access, or fraudulent transfers.

The severity of the charge often depends on the alleged value of the cryptocurrency involved. Under [Texas Penal Code §31.03(e)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03), theft allegations can range from misdemeanors to first-degree felonies depending on the dollar amount.

Examples of allegations prosecutors may pursue include:

- Fake cryptocurrency investment opportunities
- Fraudulent token offerings
- Online wallet scams
- Unauthorized cryptocurrency transfers
- Romance scams involving Bitcoin
- Fraudulent crypto mining investments
- Exchange account takeovers

Many cases include complex financial records and digital evidence that the defense needs to review closely.

### Money Laundering Allegations In Cryptocurrency Cases

Cryptocurrency is frequently discussed in connection with money laundering investigations. Texas Penal Code §34.02 prohibits knowingly conducting transactions involving proceeds from criminal activity.

Prosecutors may claim cryptocurrency was used to:

- Conceal illegal proceeds
- Move money across borders
- Hide ownership of assets
- Avoid banking reporting requirements
- Transfer funds anonymously

The government often claims that blockchain transactions were meant to hide the source or ownership of funds linked to alleged criminal activity.

But blockchain transactions are not always anonymous, and prosecutors sometimes make assumptions about who owns a wallet or what someone intended. Just having a wallet address does not always prove who controlled the account or approved a transfer.

### Cryptocurrency And Texas Computer Crime Charges

Some cryptocurrency investigations involve allegations of hacking, unauthorized access, or computer-related offenses.

Texas Penal Code §33.02 addresses breach of computer security. Prosecutors may file charges if they believe a person knowingly accessed a computer, network, wallet, or exchange account without consent.

These allegations may involve claims such as:

- Stealing cryptocurrency through hacking
- Unauthorized wallet access
- Phishing attacks
- Exchange breaches
- Malware or ransomware activity
- Identity theft involving crypto accounts

Computer crime investigations are often very technical. Prosecutors may depend on forensic evidence, IP address tracking, online account records, and examining digital devices.

### Federal Investigations Connected To Cryptocurrency Activity

Although many cases begin under Texas law, cryptocurrency investigations often become federal matters. Federal prosecutors may pursue charges involving:

- Wire fraud
- Securities fraud
- Money laundering
- Tax evasion
- Conspiracy allegations
- Internet fraud offenses

Federal agencies frequently monitor cryptocurrency exchanges and blockchain transactions. Search warrants may target:

- Cell phones
- Computers
- Hard drives
- Exchange accounts
- Cloud storage accounts
- Financial records

Federal investigations can take months or even years before charges are filed. Sometimes, people do not know they are being investigated until agents reach out to them.

### Asset Seizure And Cryptocurrency Investigations

One of the most serious aspects of cryptocurrency investigations involves asset seizure. Law enforcement agencies may attempt to freeze or seize digital assets they believe are connected to criminal activity.

Texas Code of Criminal Procedure Chapter 59 governs criminal asset forfeiture proceedings involving alleged contraband or proceeds of crime.

In cryptocurrency investigations, authorities may attempt to seize:

- Bitcoin holdings
- Ethereum wallets
- Stablecoins
- NFTs
- Hardware wallets
- Exchange accounts

Asset seizure cases move quickly. If action is not taken promptly, recovering seized digital assets becomes more difficult.

## Challenges Prosecutors Face In Cryptocurrency Cases

Despite aggressive enforcement efforts, cryptocurrency prosecutions present several challenges for the government.

### Ownership Disputes

Blockchain records may show wallet activity, but proving ownership is often more difficult. Multiple people may have access to a device, account, or wallet.

### Intent Issues

Many people who use cryptocurrency are not financial experts. Some make transactions without fully understanding the rules or legal requirements. Prosecutors still have to prove criminal intent beyond a reasonable doubt.

### Technical Complexity

Jurors, judges, and even investigators may have trouble fully understanding blockchain technology and cryptocurrency systems. Defense attorneys often find weaknesses in the government’s technical evidence.

### International Transactions

Cryptocurrency frequently moves through foreign exchanges and overseas accounts. Tracing funds accurately can become difficult and lead to incomplete or inaccurate conclusions.

## Defenses To Cryptocurrency Crime Allegations

Every cryptocurrency case is unique, but several defense strategies commonly arise.

### Lack Of Intent

Many cryptocurrency prosecutions rely on proving someone meant to commit fraud or a crime. Honest mistakes, bad investments, or misunderstood transactions do not automatically mean there was criminal intent.

### Insufficient Evidence

The government must prove its case beyond a reasonable doubt. Blockchain records alone may not prove identity, control, or criminal knowledge.

### Illegal Searches And Seizures

Digital evidence must still comply with constitutional protections. The Fourth Amendment applies to searches involving electronic devices, cloud accounts, and digital records.

If there are improper search warrants, illegal seizures, or privacy violations, it may be possible to get some evidence thrown out.

### Mistaken Identity

Cryptocurrency investigations sometimes rely on usernames, IP addresses, or wallet activity rather than direct proof of identity. Misidentification can occur.

### Weak Financial Tracing

Tracing cryptocurrency transactions can be highly complicated. Errors in blockchain analysis or financial interpretation may undermine the prosecution’s theory.

## Why Early Legal Representation Matters

People often make serious mistakes when contacted by investigators in cryptocurrency cases. Federal agents and detectives may appear friendly during interviews while actively building a criminal case.

Anything you say during these conversations can be used by prosecutors later. Often, investigators already have records, digital evidence, or account information before they reach out to a suspect.

Early legal representation allows the defense to:

- Protect constitutional rights
- Prevent damaging statements
- Analyze digital evidence
- Review search warrants
- Preserve favorable evidence
- Communicate with investigators when appropriate
- Develop a defense strategy before charges escalate

The sooner a defense attorney gets involved, the more chances there are to influence how the investigation goes.

## Cryptocurrency Regulations Continue To Evolve

Cryptocurrency law is changing quickly at both the state and federal levels. Prosecutors, regulators, and law enforcement are still learning how to handle blockchain technology and digital assets.

Actions that seemed legally unclear several years ago may now attract criminal scrutiny. At the same time, prosecutors sometimes attempt to apply traditional criminal statutes to technology that lawmakers never anticipated when the laws were written.

Because of this, cryptocurrency cases frequently involve complicated legal questions involving:

- Digital ownership
- Financial regulations
- Privacy rights
- Securities laws
- Electronic evidence
- Interstate jurisdiction

A good defense strategy needs to consider both the technical and legal issues in these investigations.

## Criminal Penalties For Cryptocurrency Crimes In Texas

The possible penalties in cryptocurrency cases depend on the specific charges and the amount of money involved.

Possible consequences may include:

- State jail felony penalties
- Third-degree felony penalties
- Second-degree felony penalties
- First-degree felony penalties
- Prison sentences
- Probation
- Large fines
- Asset forfeiture
- Restitution orders
- Permanent criminal record

Some federal offenses can lead to decades in prison, depending on the allegation. Since many cryptocurrency investigations involve large sums of money, prosecutors often seek more serious felony charges.

## Frequently Asked Questions About Cryptocurrency Crimes In Texas

### Can Cryptocurrency Transactions Be Traced By Law Enforcement?

Yes. Many people mistakenly believe cryptocurrency transactions are completely anonymous. In reality, blockchain activity is often traceable. Investigators frequently use blockchain analysis software to track transfers between wallets and exchanges. Once law enforcement connects a wallet address to a person, investigators may attempt to build a larger financial picture. However, tracing activity does not automatically prove criminal conduct or ownership of a wallet.

### Can I Be Charged With A Crime For Buying Cryptocurrency?

Simply buying cryptocurrency is not illegal in Texas. Millions of people lawfully buy, sell, and hold digital assets. Criminal exposure usually arises when prosecutors believe cryptocurrency was connected to fraud, theft, money laundering, hacking, or other illegal conduct. Even then, the government must still prove criminal intent and unlawful activity beyond a reasonable doubt.

### What Should I Do If Federal Agents Contact Me About Cryptocurrency Activity?

You should avoid answering questions before speaking with a criminal defense lawyer. Federal agents may already possess account records, exchange information, or electronic evidence before they contact you. Statements made during interviews can become evidence in a criminal case. Remaining polite while requesting legal counsel is often the safest approach.

### Can Texas Prosecutors Seize My Cryptocurrency?

Yes. Prosecutors and law enforcement agencies may attempt to freeze or seize digital assets they believe are tied to criminal activity. Asset forfeiture proceedings can move quickly, and delays may affect your ability to recover property. Immediate legal action is often important when cryptocurrency accounts or wallets are frozen.

### Are Cryptocurrency Crimes Usually Federal Cases?

Some cases remain in Texas state court, while others become federal prosecutions. Federal agencies frequently become involved when cases involve large financial losses, interstate transactions, alleged fraud schemes, or online activity crossing state lines. In many situations, both state and federal authorities work together during the investigation.

### Can A Cryptocurrency Scam Lead To Felony Charges?

Yes. Fraud allegations involving cryptocurrency often lead to felony charges, especially when prosecutors claim large financial losses occurred. Texas theft and fraud statutes increase penalties based on the alleged value involved. High-dollar cases may result in second-degree or first-degree felony allegations.

### What Is Blockchain Evidence In A Criminal Case?

Blockchain evidence refers to records stored on a blockchain network showing cryptocurrency transactions between wallet addresses. Prosecutors may use blockchain analysis reports to argue that funds moved between certain accounts. Defense attorneys often review the methodology behind this analysis and challenge assumptions about ownership or intent.

### Can Someone Be Wrongfully Accused In A Cryptocurrency Investigation?

Yes. Cryptocurrency investigations are highly technical and sometimes rely on indirect evidence. Shared devices, hacked accounts, stolen credentials, and mistaken wallet identification can all create false accusations. Prosecutors still carry the burden of proving guilt beyond a reasonable doubt.

### Do Police Need A Warrant To Search My Crypto Wallet?

The answer depends on the circumstances. Constitutional protections still apply to digital evidence and electronic devices. Investigators often seek warrants for phones, computers, cloud storage accounts, and exchange information. If law enforcement violated constitutional protections, the defense may seek suppression of evidence.

### What Happens If Cryptocurrency Was Connected To Another Alleged Crime?

Cryptocurrency is often treated as an additional layer in broader investigations involving fraud, drug offenses, organized crime allegations, or computer crimes. Prosecutors may argue the digital assets were used to move or conceal proceeds from criminal activity. These cases can become far more serious because they often involve multiple felony charges and enhanced sentencing exposure.

### Can Cryptocurrency Cases Be Defended Successfully?

Yes. Many cryptocurrency prosecutions involve complicated factual and legal issues. Weak financial tracing, unlawful searches, lack of intent, technical misunderstandings, and identification problems may all create viable defenses. A careful review of the evidence is critical before deciding how to proceed.

## Call Our Galveston Criminal Defense Law Lawyers For A Free Consultation

Cryptocurrency investigations move quickly, and prosecutors often start building cases before anyone is arrested. If you are being investigated or charged with a cryptocurrency-related offense in Galveston, Houston, or anywhere in Texas, taking action early can make a big difference in your case.

Mark Diaz & Associates defends clients accused of serious financial crimes, computer crimes, fraud offenses, and cryptocurrency-related allegations throughout Galveston and the Houston area.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You will not be passed off to a junior associate or lost in a busy system. From start to finish, I stay personally involved and accessible.

Contact our [Galveston criminal law lawyer](https://texascriminaljustice.com/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). The firm represents clients in Galveston, Houston, and throughout Texas facing serious cryptocurrency crime investigations and prosecutions.

**Categories:** Criminal Defense Lawyers

---

### [Understanding The Federal Pretrial Process](https://texascriminaljustice.com/understanding-the-federal-pretrial-process/)

**Published:** May 10, 2026
**Author:** Mark Diaz & Associates

**Content:**

![DallasTexasUsa-July302023SignWithEmblems](https://texascriminaljustice.com/wp-content/uploads/2026/05/Understanding-The-Federal-Pretrial-Process.jpg "DallasTexasUsa-July302023SignWithEmblems")Federal criminal cases work differently from state cases in Texas. By the time charges are filed, investigators usually have spent months collecting evidence, talking to witnesses, checking financial records, carrying out search warrants, or monitoring communications. Many people are surprised by how quickly things move after an arrest or indictment. The federal court system has strict rules, determined prosecutors, and sentencing guidelines that can lead to serious penalties. What happens before trial can affect the whole case, including whether evidence is thrown out, charges are reduced, bond is granted, or the case goes to trial.

For many people in [Galveston](https://www.galveston.com/), a federal investigation starts long before they ever go to court. Some find out they are being investigated when federal agents show up at their home or business with a search warrant. Others get a subpoena, a target letter, or a call from investigators asking for an interview. Sometimes, the first sign of trouble is an arrest. No matter how the case starts, the pretrial process is where many important legal battles take place.

## How Federal Criminal Cases Begin

Federal criminal investigations are commonly handled by agencies such as the FBI, DEA, Homeland Security Investigations, IRS Criminal Investigation Division, and the ATF. These investigations may involve allegations related to drug trafficking, wire fraud, healthcare fraud, firearm offenses, conspiracy allegations, internet crimes, or money laundering.

Unlike many state cases, federal prosecutors often spend a lot of time building evidence before filing charges. Federal agents might use surveillance, financial reviews, informants, electronic records, and search warrants to make their case. Sometimes, prosecutors get indictments from a federal grand jury before the accused even knows they are being investigated.

Many federal criminal cases in Galveston go through the United States District Court for the Southern District of Texas. Federal prosecutors are usually well-prepared before they file charges, so having a defense lawyer early on is very important.

### The Initial Appearance In Federal Court

After someone is arrested on federal charges, they are brought before a magistrate judge for an initial appearance. This usually happens soon after the arrest. At this hearing, the court explains the charges, goes over constitutional rights, and decides if the person will stay in custody or be released before trial.

Federal courts follow the Bail Reform Act in 18 U.S.C. [§3142](https://www.justice.gov/archives/jm/criminal-resource-manual-26-release-and-detention-pending-judicial-proceedings-18-usc-3141-et). Unlike many Texas state courts, where bond is common, federal prosecutors often push for detention. They may claim the accused is a danger to the community or might try to flee.

This hearing can have a big impact on the case. If a defendant stays in custody before trial, it is harder for them to help with their defense and the pressure is greater. That is why getting ready for detention hearings is so important.

We usually collect employment records, family details, support letters from the community, medical records, and other helpful information before these hearings to show that release is appropriate.

### Federal Detention Hearings Can Be Aggressive

Federal detention hearings are not like regular bond hearings in most Texas state courts. Prosecutors might use investigative reports, claims about criminal history, or the seriousness of the charges to argue against release.

Some federal crimes make it more likely that a judge will order detention. Large drug trafficking cases, firearm charges, and some violent offenses can lead to this. Even people with no criminal record may face requests for detention from federal prosecutors.

At the hearing, the judge looks at things like the type of charges, any past criminal history, job status, family ties, previous court appearances, and community connections. The court also considers how strong the government’s evidence is, even though the defense may not have all the evidence yet.

Good preparation is important because what happens at this hearing can affect the defendant’s life for months or even longer while the case is still going on.

### The Federal Grand Jury Process

Many federal felony prosecutions begin with a grand jury indictment. A federal grand jury does not determine guilt or innocence. Instead, it decides whether prosecutors have enough evidence to establish probable cause for criminal charges.

Grand jury proceedings are held in secret. Prosecutors show evidence and bring in witnesses, but defense attorneys do not take part. If the grand jury decides there is probable cause, they issue an indictment.

The indictment is the official charging document in federal court. It lists the allegations that prosecutors plan to pursue.

### Arraignment And Early Court Proceedings

After the indictment, the defendant goes to court for arraignment. At this hearing, the charges are read, and the defendant enters a plea. Most people plead not guilty at first while their lawyer reviews the evidence and investigates the case.

Federal courts set strict deadlines early in the case. The court will schedule dates for motions, sharing evidence, status meetings, and possible trial dates. Missing these deadlines can cause serious problems, so having an experienced federal defense lawyer from the start is important.

The pretrial stage often becomes the most legally significant part of a federal criminal prosecution.

### Discovery And The Government’s Evidence

Discovery refers to the evidence prosecutors provide to the defense. Federal Rule of Criminal Procedure 16 governs much of this process.

Discovery in federal cases can include investigative reports, witness statements, forensic tests, recorded calls, search warrant documents, surveillance videos, financial records, and electronic messages. Some cases have huge amounts of digital evidence that take a lot of time to review.

Federal prosecutors also have constitutional obligations under [Brady v. Maryland](https://en.wikipedia.org/wiki/Brady_v._Maryland) to disclose evidence favorable to the accused. This may include evidence affecting witness credibility or information supporting the defense.

Carefully reviewing the discovery can show weaknesses in the government’s case. We check closely to see if federal agents broke constitutional rules during searches, seizures, questioning, or electronic surveillance.

### Pretrial Motions Often Shape The Case

Federal pretrial motions can have a big impact on how a criminal case turns out. These motions might challenge whether evidence, statements, searches, or even the indictment are legal.

One of the most important motions in federal court is a motion to suppress evidence. This motion argues that evidence was obtained in violation of constitutional rights and should not be used against the defendant.

Suppression motions often deal with issues like illegal searches, bad warrants, improper traffic stops, unlawful electronic surveillance, or questioning that broke constitutional rules.

For example, the Fourth Amendment protects against unreasonable searches and seizures. If federal agents obtained evidence through an unconstitutional search, the defense may seek exclusion of that evidence from trial.

Statements made to investigators may also become the subject of litigation. We examine whether Miranda rights were properly provided and whether statements were voluntary or obtained through coercive tactics.

Sometimes, motions ask the court to dismiss charges because of problems with the indictment or misconduct during the investigation.

These legal challenges are often some of the most important parts of a federal case.

### Plea Negotiations In Federal Court

Most federal criminal cases do not proceed to trial. Instead, many resolve through negotiated plea agreements. However, the decision whether to accept a plea agreement should never be rushed.

Federal sentencing can be complicated because judges rely heavily on the United States Sentencing Guidelines. While the guidelines are advisory after United States v. Booker, they still strongly influence sentencing decisions.

Guideline calculations may involve allegations related to drug quantity, financial loss, firearm possession, obstruction of justice, leadership roles, or criminal history.

Even small disputes regarding these issues can dramatically affect sentencing exposure. Because of this, plea negotiations in federal court are often highly detailed and strategic.

Some defendants also face pressure to cooperate with federal investigators. Cooperation decisions can carry substantial legal and personal consequences. These decisions should only be made after careful evaluation of the risks and potential benefits.

### Trial Preparation Begins Early

Even while plea discussions occur, trial preparation remains essential. Federal prosecutors generally devote extensive resources to criminal prosecutions, and defense preparation must be equally serious.

Preparing for trial often involves reviewing forensic evidence, consulting with investigators or expert witnesses, analyzing electronic records, interviewing witnesses, and challenging the government’s evidence.

In many cases, thorough trial preparation improves the defense position during negotiations because prosecutors understand the defense is prepared to challenge the allegations aggressively.

Federal trials can involve complicated legal and evidentiary issues, especially in fraud, conspiracy, or large-scale drug prosecutions.

### Speedy Trial Rights In Federal Court

Federal defendants have rights under the Speedy Trial Act found in 18 U.S.C. §3161. This law establishes deadlines regarding when the trial must begin. However, many federal cases involve continuances because of the complexity of the evidence, motion litigation, forensic testing, or ongoing negotiations.

Some cases involve enormous amounts of discovery that require months of analysis. Others involve multiple defendants, which can further extend timelines.

Balancing the need for adequate preparation against speedy trial concerns becomes an important strategic decision during the pretrial process.

### Federal Release Conditions Can Be Strict

Defendants who are released before trial often have to follow strict rules set by the court. Depending on the charges, these rules might include electronic monitoring, travel limits, drug testing, no firearms, work requirements, curfews, or limits on who they can contact.

Violating release conditions can lead to detention and additional legal problems. Federal judges generally take these violations seriously.

Remaining compliant with all release conditions while preparing a defense is critical during the pretrial phase.

### Why Early Defense Representation Matters

Federal criminal investigations rarely improve with delay. Many people make the mistake of speaking with investigators before consulting counsel, believing they can explain the situation away. In reality, statements made to federal agents can become important evidence later in court.

Early defense representation allows attorneys to begin protecting constitutional rights immediately. It also creates opportunities to review warrants, preserve evidence, communicate with prosecutors, evaluate potential defenses, and prepare for detention hearings.

Federal criminal prosecutions involve technical procedural rules, aggressive investigative tactics, and potentially severe penalties. What happens before trial often determines how the case ultimately ends.

## Frequently Asked Questions About The Federal Pretrial Process

### What Happens After Someone Is Arrested On Federal Charges?

After a federal arrest, the accused is brought before a magistrate judge for an initial appearance. During this hearing, the court explains the charges, advises the defendant of constitutional rights, and addresses release or detention issues. Future court dates are scheduled, and the court may appoint counsel if necessary. Federal cases usually begin moving quickly after arrest, which makes early preparation important.

### Can Someone Be Released While A Federal Case Is Pending?

Yes, although release is not guaranteed. Federal prosecutors may seek detention if they believe the defendant poses a danger to the community or is a flight risk. The judge reviews factors such as criminal history, family ties, employment, prior court appearances, and the seriousness of the allegations. Some offenses create presumptions favoring detention under federal law.

### How is the Federal Court Different From Texas State Court?

Federal criminal cases are often more document-intensive and involve stricter procedural rules than state prosecutions. Federal agencies typically spend much longer investigating before filing charges. Federal sentencing is also heavily influenced by the United States Sentencing Guidelines, which differ significantly from Texas sentencing practices.

### What Is A Federal Grand Jury?

A federal grand jury determines whether prosecutors have enough evidence to support criminal charges. Grand jury proceedings are secret, and defense attorneys generally do not participate. If the grand jury finds probable cause, it issues an indictment formally charging the defendant.

### What Is Discovery In A Federal Criminal Case?

Discovery refers to the evidence prosecutors provide to the defense. This may include reports, witness statements, forensic testing, videos, electronic communications, and search warrant materials. Discovery review allows the defense to evaluate the strength of the government’s case and identify constitutional or evidentiary issues.

### What Is A Motion To Suppress?

A motion to suppress asks the court to exclude evidence obtained unlawfully. These motions often involve allegations of illegal searches, improper warrants, unconstitutional traffic stops, or violations of Miranda rights. If key evidence is suppressed, prosecutors may face serious problems proving their case.

### Do Most Federal Cases Go To Trial?

Most federal criminal cases are resolved through negotiated plea agreements rather than trial. However, some cases proceed to trial due to factual disputes, constitutional issues, or disagreements over sentencing exposure. Thorough preparation remains important regardless of whether negotiations are ongoing.

### What Are Federal Sentencing Guidelines?

The United States Sentencing Guidelines help federal judges determine sentencing ranges after conviction. The guidelines consider factors such as criminal history, drug quantity, financial loss amounts, firearm involvement, and alleged aggravating conduct. While advisory, they still strongly influence federal sentencing outcomes.

### Can Federal Charges Be Dismissed Before Trial?

In some cases, yes. Charges may be challenged through motions involving constitutional violations, prosecutorial misconduct, insufficient evidence, or defects in the indictment. However, federal prosecutors often spend substantial time preparing cases before filing charges, so dismissals usually require strong legal arguments.

### Should Someone Talk To Federal Agents Without A Lawyer?

Speaking with federal agents without counsel can create substantial legal risk. Statements made during interviews may later be used as evidence in court. Even inaccurate or incomplete statements can lead to additional allegations under federal law. Consulting counsel before speaking with investigators is usually extremely important.

## Call Our Galveston Federal Criminal Defense Attorneys For A Free Consultation

Federal criminal charges can affect your freedom, career, finances, and future. What happens during the pretrial process may shape the direction of the entire case. Mark Diaz & Associates represents clients facing serious federal criminal allegations in Galveston, Houston, and throughout Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case becomes one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under federal investigation or facing federal criminal charges, call our [Galveston federal criminal defense lawyer](https://texascriminaljustice.com/federal-criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/). The firm represents clients in Galveston and throughout all of Houston, Texas.

**Categories:** Federal Criminal Defense Lawyer

---

### [Online Fraud And Identity Theft Trends](https://texascriminaljustice.com/online-fraud-and-identity-theft-trends/)

**Published:** May 11, 2026
**Author:** Mark Diaz & Associates

**Content:**

![CustomerHandHoldingACreditCardWhileUsingALaptop](https://texascriminaljustice.com/wp-content/uploads/2026/05/Online-Fraud-And-Identity-Theft-Trends.jpg "CustomerHandHoldingACreditCardWhileUsingALaptop")Online fraud and identity theft cases are becoming more common in Texas, especially in [Galveston](https://www.galveston.com/) and the Greater Houston area. With so much of our daily lives now happening online, banking, business, and personal communication, there are more chances for criminal investigations involving computers and digital records. Many people are caught off guard by how seriously law enforcement investigates these cases. Sometimes, a simple misunderstanding, a shared account, or a disputed transaction can quickly lead to a criminal investigation. If police or federal agents start looking into online fraud or identity theft, the impact can be serious, affecting your freedom, reputation, job, and future.

## Why Online Fraud Cases Are Increasing In Texas

Texas prosecutors and law enforcement are putting more resources into fighting internet-related financial crimes. As online banking, digital payments, cryptocurrency, social media marketplaces, and remote work have grown, fraud investigations have increased across the state.

Common allegations include:

- Unauthorized use of personal identifying information
- Online banking fraud
- Credit card fraud
- Social media marketplace scams
- Business email compromise schemes
- Fake online sales transactions
- Wire transfer fraud
- Cryptocurrency fraud allegations
- Employment-related identity theft accusations

These cases often rely on electronic evidence from phones, computers, cloud accounts, IP addresses, and banks. Investigators sometimes spend months gathering information before making an arrest.

### Texas Identity Theft Laws

Identity theft allegations in Texas are commonly prosecuted under Texas Penal Code [§32.51](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=32.51), which addresses fraudulent use or possession of identifying information.

Under this statute, a person may face charges if prosecutors allege they obtained, transferred, or used another person’s identifying information without consent and with intent to harm or defraud another person.

The law defines identifying information broadly and may include:

- Names
- Dates of birth
- Social Security numbers
- Bank account information
- Credit card numbers
- Driver’s license numbers
- Biometric identifiers
- Passwords and access codes

The severity of the offense often depends on the number of identifying items allegedly involved.

For example:

- Less than five items may result in a state jail felony.
- Greater quantities can lead to second-degree or first-degree felony charges.

A conviction can expose a person to prison time, substantial fines, restitution orders, and long-term damage to their criminal record.

## Online Fraud Allegations Under Texas Law

Texas law addresses various fraud-related offenses under multiple statutes depending on the allegations involved.

Some commonly charged offenses include:

### Credit Card Abuse

Texas Penal Code [§32.31](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=32.31) prohibits the fraudulent use or possession of credit or debit card information. Prosecutors may file charges involving allegedly stolen cards, unauthorized transactions, or possession of account data.

### Online Impersonation

Texas Penal Code [§33.07](https://codes.findlaw.com/tx/penal-code/penal-sect-33-07/) makes it illegal to use another person’s name or online persona without consent to harm, intimidate, or defraud another person. Social media disputes and fake account allegations sometimes lead to criminal charges under this law.

### Fraudulent Use Of Electronic Communications

Texas Penal Code [§32.42](https://codes.findlaw.com/tx/penal-code/penal-sect-32-42/) addresses deceptive business or commercial practices involving electronic transactions and communications.

### Theft And Fraud Schemes

Online fraud cases may also involve theft allegations under Texas Penal Code [§31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03) if prosecutors believe money or property was unlawfully obtained through deceptive conduct.

The value of the alleged loss often determines whether the offense is charged as a misdemeanor or a felony.

## Federal Authorities May Become Involved

Many internet-related fraud investigations involve federal agencies because electronic communications and financial transactions frequently cross state lines.

Federal agencies commonly involved include:

- FBI
- Secret Service
- Homeland Security Investigations
- United States Postal Inspection Service
- IRS Criminal Investigation Division

Federal prosecutors may pursue charges involving:

- Wire fraud under 18 U.S.C. §1343
- Access device fraud under 18 U.S.C. §1029
- Aggravated identity theft under 18 U.S.C. §1028A

Federal convictions can carry severe prison exposure and lengthy supervised release terms. In some cases, both state and federal investigations occur simultaneously.

## How Online Fraud Investigations Typically Begin

Many people assume these investigations begin with sophisticated cybercrime operations. In reality, many cases start with a simple complaint from:

- A bank
- Credit card company
- Former employer
- Business partner
- Online buyer or seller
- Family member
- Social media platform

Financial institutions frequently flag suspicious activity through automated fraud detection systems. Law enforcement may then obtain subpoenas, search warrants, or account records to trace transactions and identify users connected to accounts or devices.

Investigators often seek:

- IP address records
- Device login history
- Email records
- Cell phone data
- Banking transactions
- Cash App, Venmo, PayPal, or Zelle records
- Cryptocurrency wallet information
- Social media communications

Digital evidence can be confusing or misleading, so people sometimes make assumptions before all the facts are clear.

## Important Defenses In Online Fraud And Identity Theft Cases

Every criminal case depends on the evidence and the surrounding circumstances. However, several defense strategies commonly arise in online fraud investigations.

### Lack Of Intent

Many fraud statutes require proof that a person acted intentionally or knowingly. Mistakes, misunderstandings, shared accounts, accidental transactions, or unauthorized device access may create reasonable doubt about criminal intent.

Intent is often one of the most heavily disputed issues in these cases.

### Misidentification

Online activity does not always clearly identify the person responsible. Shared Wi-Fi networks, hacked accounts, public devices, VPN services, and multiple users on the same device can complicate investigations.

The fact that the activity originated from a specific IP address or device does not, in itself, prove who committed the alleged offense.

### Illegal Searches And Seizures

The Fourth Amendment protects against unlawful searches and seizures. Investigators must often obtain valid search warrants before accessing phones, computers, cloud accounts, or private digital information.

We examine whether:

- Warrants were legally sufficient.
- Searches exceeded the warrant scope.
- Devices were improperly seized.
- Constitutional protections were violated.

Improper searches may result in suppression of evidence.

### Weak Or Circumstantial Evidence

Some online fraud cases rely heavily on assumptions and circumstantial evidence rather than direct proof. Investigators sometimes build cases around transaction patterns or account activity without proving who actually controlled the accounts.

A detailed review of digital evidence may reveal gaps or inconsistencies in the prosecution’s case.

## Financial And Personal Consequences Of A Conviction

A fraud or identity theft conviction can affect nearly every aspect of a person’s life.

Potential consequences include:

- Jail or prison sentences
- Large fines
- Restitution orders
- Loss of professional licenses
- Difficulty obtaining employment
- Damage to business reputation
- Immigration consequences
- Asset forfeiture allegations
- Restrictions on future financial activity

For professionals, business owners, and individuals working in finance or technology industries, even an investigation alone can create serious problems.

## Why Early Legal Representation Matters

One of the biggest mistakes people make is speaking with investigators before consulting a defense attorney. Law enforcement officers often appear calm and conversational during fraud investigations, but statements made early in the process can later be used in court.

We frequently advise clients before charges are formally filed. Early involvement may help:

- Prevent damaging statements
- Preserve evidence
- Identify legal defenses
- Respond to subpoenas
- Protect constitutional rights
- Reduce exposure during the investigation phase.

Some people first learn they are under investigation after receiving a subpoena, target letter, or request for an interview from investigators.

## Social Media And Digital Evidence Can Hurt Your Case

Many people underestimate how often prosecutors use social media posts, messages, and online activity in criminal investigations.

Investigators may review:

- Facebook posts
- Instagram messages
- TikTok content
- LinkedIn communications
- Online marketplace conversations
- Text messages
- Deleted files recovered from devices

Even jokes, sarcasm, or casual statements can later be interpreted negatively in court.

Protecting yourself during an investigation often means limiting online activity and avoiding discussions about the case.

## Young Adults And College Students Often Face Online Fraud Allegations

We regularly see younger individuals accused of online financial crimes tied to social media transactions, online sales platforms, gaming systems, or digital payment applications.

Sometimes these cases involve allegations connected to:

- Refund scams
- Unauthorized purchases
- Cryptocurrency transfers
- Fake ticket sales
- Peer-to-peer payment disputes
- Shared account access

Young adults may not fully understand how quickly these accusations can escalate into felony investigations.

## Online Fraud Cases Often Involve Large Amounts Of Electronic Evidence

Unlike many traditional criminal cases, online fraud investigations frequently involve thousands of pages of records and large amounts of electronic data.

This may include:

- Bank statements
- Device extraction reports
- Search histories
- Login records
- Location data
- Surveillance footage
- Email archives

Properly analyzing this evidence takes time and careful attention to detail. Small inconsistencies may create important defense opportunities.

## Protecting Your Rights During A Fraud Investigation

If you believe you are under investigation for identity theft or online fraud in Galveston County or the Houston area, taking immediate action is important.

You should avoid:

- Speaking with investigators without counsel
- Consenting to searches without legal advice
- Deleting electronic records
- Discussing allegations online
- Attempting to explain the situation to law enforcement on your own

The earlier a defense strategy begins, the better positioned you may be to protect your future.

## Frequently Asked Questions About Online Fraud And Identity Theft Cases

### What Is Considered Identity Theft Under Texas Law?

Texas law defines identity theft broadly under Texas Penal Code §32.51. A person may face charges if prosecutors allege they used or possessed another person’s identifying information without consent and with the intent to harm or defraud someone else. Identifying information can include Social Security numbers, banking information, passwords, dates of birth, or driver’s license numbers. The seriousness of the charge often depends on the number of identifying items allegedly involved and whether financial harm occurred.

### Can I Be Charged Even If I Did Not Personally Use The Stolen Information?

Yes. Prosecutors sometimes pursue charges based on possession, transfer, or sharing of identifying information, even if the person did not personally complete fraudulent transactions. Law enforcement may also investigate whether someone knowingly allowed their accounts, devices, or financial tools to be used in alleged criminal activity. However, knowledge and intent remain important issues in these cases, and the facts must be carefully examined before determining criminal liability.

### What Should I Do If Federal Agents Contact Me About Online Fraud?

You should avoid answering questions before speaking with a defense attorney. Federal investigators may already have gathered records, account data, or statements from other people before making contact. Even statements you believe are harmless can later become evidence in court. Remaining polite while declining to answer questions until legal counsel is present is often the safest course of action.

### Can Online Fraud Charges Be Filed Based Only On IP Address Information?

An IP address alone does not automatically prove who committed a crime. Multiple people may use the same internet connection, device, or network. Public Wi-Fi, shared residences, VPN services, hacked devices, and account sharing can complicate investigations. Prosecutors must still prove beyond a reasonable doubt that a specific person committed the alleged acts with criminal intent.

### Are Online Fraud Cases Usually State Or Federal Crimes?

They can be either. Some investigations remain in Texas state court, while others move into federal court if interstate communications, wire transfers, or large financial transactions are involved. Federal agencies often become involved when alleged conduct crosses state lines or affects financial institutions. In some situations, state and federal authorities may investigate the same conduct simultaneously.

### What Are The Penalties For Online Fraud In Texas?

Penalties vary depending on the allegations, amount of financial loss, prior criminal history, and specific statute involved. Some offenses are misdemeanors, while others are serious felonies carrying prison exposure. Certain identity theft allegations involving numerous identifying items may lead to first-degree felony charges. Courts may also impose restitution, probation conditions, and fines.

### Can Police Search My Phone Or Computer During An Investigation?

Law enforcement often seeks search warrants to examine phones, computers, cloud accounts, or electronic storage devices. However, constitutional protections still apply. Search warrants must generally satisfy legal requirements and remain within the proper scope. If investigators violated constitutional protections, some evidence may be challenged in court.

### Will A Fraud Conviction Affect My Employment Opportunities?

Yes. Fraud-related convictions often create serious employment challenges because many employers view dishonesty offenses negatively. Financial institutions, healthcare employers, government agencies, and licensed professions may conduct extensive background checks. Some individuals also face licensing issues or restrictions involving professional certifications.

### Can Juveniles Or College Students Be Charged With Online Fraud Crimes?

Yes. Younger individuals are increasingly accused of internet-related financial offenses involving payment apps, online sales platforms, gaming systems, or cryptocurrency activity. Even conduct viewed as a prank or shortcut by a young person can lead to felony allegations. Parents are often surprised by how aggressively these cases are investigated.

### How Long Do Online Fraud Investigations Usually Last?

Some investigations move quickly, while others continue for months or even years before charges are filed. Financial institutions and federal agencies frequently spend substantial time reviewing transactions, electronic records, and communications before making arrests. Early legal representation may help identify issues before the investigation progresses further.

## Speak With Our Galveston Criminal Law Lawyers About Your Case For Free

Online fraud and identity theft investigations can move quickly and create enormous pressure on individuals and families. Whether you are under investigation, have been contacted by law enforcement, or already face criminal charges, protecting your rights early matters.

Mark Diaz & Associates represents clients accused of internet-related crimes, fraud offenses, and identity theft allegations in Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston white collar crime lawyers ](https://texascriminaljustice.com/white-collar-crimes/)at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](https://texascriminaljustice.com/landing-form/).

**Categories:** White Collar Crime

---

### [Understanding Enhancements In Texas Criminal Cases](https://texascriminaljustice.com/understanding-enhancements-in-texas-criminal-cases/)

**Published:** July 3, 2026
**Author:** Mark Diaz & Associates

**Content:**

## What Are Enhancements In Texas Criminal Cases?

Enhancements in Texas criminal cases refer to the increase in severity of charges or punishments due to specific factors. For example, if someone with a previous DWI conviction is charged again, the charge escalates to a DWI second. Additional offenses can elevate it to a felony. Likewise, prior convictions for offenses like assault or using a weapon can enhance charges. Enhancements usually involve prior criminal history but can also include other factors like drug quantity or weapon use.

### Which Parts Of A Criminal History Do Prosecutors Focus On Most?

Prosecutors primarily focus on crimes of violence as these are considered more serious. The nature of the new case reflects this history, influencing the severity of the offer made by the prosecution. The overall history provides insight into an individual’s behavior patterns, impacting how the case is approached.

### How Do Prior Convictions Affect The Punishment Range For New Charges In Texas?

Prior convictions, especially felonies, significantly alter the punishment range. A third felony can trigger the habitual offender statute, resulting in a punishment range of 25 years to life. This applies regardless of the new charge, emphasizing the severe consequences of repeat offenses.

### What Situations Typically Guarantee An Enhancement In Charges?

Certain offenses often lead to automatic enhancements, such as repeat DWIs, family violence, and drug-related crimes. However, enhancements can also be used as negotiation tools, where a plea deal might involve dropping the enhancement for a lesser punishment to avoid trial.

### What Aspects Of A Person’s Past Are Evaluated When Preparing A Defense Against Enhancements?

Defense preparation involves examining the timing and nature of past convictions. Factors like the age of the conviction, whether it involved violence, and the circumstances during that period are considered. This helps build a narrative that might explain past behaviors and mitigate the impact of enhancements.

### How Do You Determine If An Enhancement Is Applicable In A Case?

Determining the applicability of an enhancement involves verifying the original judgment and ensuring the state can prove it. This requires examining old or out-of-jurisdiction cases to ensure they hold up under scrutiny. Successfully challenging an enhancement can alter negotiation strategies and case outcomes.

### How Does The Age Of A Prior Conviction Impact Its Effect On Current Cases?

While legally an old conviction holds the same weight as a recent one, practically, it may influence negotiations differently. A conviction from 20 years ago may be viewed less severely than one from last year, affecting plea deals and sentencing discussions.

### How Do Prosecutors Handle Out-of-state Convictions For Enhancements In Texas?

Prosecutors assess whether the elements of an out-of-state conviction align with Texas law for it to qualify as an enhancement. Although this scenario is less common, it can occur, particularly in cases involving sexual offenses due to varying state classifications. Consistency in crime elements across states is crucial for the enhancement to be valid.

### Why Is It Crucial For Individuals With Records To Understand Enhancements Early In Their Case?

Understanding enhancements is vital as it affects case strategy and potential outcomes. For repeat offenders, it might not be a priority, but first-time offenders should thoroughly discuss their options with an attorney. Avoiding a conviction initially can prevent future enhancements, highlighting the importance of proactive legal discussions.

### What Key Message Should Listeners Understand About Enhancements?

The influence of a prior record on a case varies individually. It’s essential to have a detailed conversation with your attorney to understand how your history may impact your legal situation. This personalized approach ensures that all aspects of enhancements are considered in shaping the defense.

**Categories:** Criminal defense attorney, Criminal Defense Lawyer

---

### [Family Violence Protective Orders: What They Are and How They Affect Your Criminal Case](https://texascriminaljustice.com/texas-emergency-protective-orders-family-violence-law/)

**Published:** June 14, 2026
**Author:** Mark Diaz & Associates

**Content:**

## What Are The Definitions Of Emergency Protective Orders, Restraining Orders, And No Contact Orders In Family Violence Situations Under Texas Law?

In Texas, emergency protective orders are automatically issued in family violence cases, regardless of the victim’s request. These orders typically have a 60-day no-contact provision, prohibiting the accused from returning home or contacting the victim, even if the victim didn’t seek the order. This can leave individuals homeless after being released from jail, requiring legal intervention to unwind these restrictions early in the legal process.

### How Do Emergency Protective Orders Differ From Restraining Orders In The Criminal Justice System?

Emergency protective orders (EPOs) are issued immediately post-arrest, while restraining orders are more common in family law cases. EPOs restrict contact with the alleged victim, often lasting until the case concludes. In contrast, restraining orders in **[criminal cases](https://texascriminaljustice.com/criminal-defense/)** may also establish no-contact boundaries, but their primary use is in family law settings and occasionally in criminal cases to resolve disputes amicably.

### What Triggers The Immediate Issuance Of Emergency Protective Orders In Family Violence Cases Without Consulting Witnesses Or Victims?

In family **[violence](https://texascriminaljustice.com/domestic-violence/)** cases, emergency protective orders are automatically applied upon any accusation of assault on a family member, regardless of the circumstances. These orders are swiftly issued post-arrest without witness verification, creating challenges for defense attorneys to rectify any erroneous restrictions imposed on their clients.

### What Influences The Conditions Judges Decide To Impose In Emergency Protective Orders, Leading To Variations In Restrictions Among Different Courts?

The conditions in emergency protective orders vary depending on the judge, resulting in inconsistencies. While a standard template is commonly used, individual judges may add unique conditions or require specific procedures to modify or lift restrictions. Understanding each judge’s preferences is crucial to navigating the legal process effectively and addressing any additional conditions imposed.

### How Do Protective Orders Intersect With Criminal Cases, Potentially Impacting Bond Conditions And Leading To New Charges Or Bond Revocation Upon Violation?

Protective orders can influence bond conditions if judges integrate these restrictions into the bond terms, extending their duration beyond the initial order’s timeline. Violating protective orders can result in new charges or bond revocation, underscoring the importance of promptly addressing any issues related to protective orders or bond conditions to prevent legal complications and potential incarceration.

### What Are Common Scenarios Where Individuals Unintentionally Violate Protective Orders, Such As Responding To Communication From The Protected Individual, And How Can These Inadvertent Violations Complicate Legal Situations?

Unintentional violations often occur when the protected individual initiates contact, leading to inadvertent breaches of the protective order. Responding to communication, even if invited by the protected individual, can constitute a violation and create legal repercussions, emphasizing the need for clear communication and legal guidance to navigate such complexities without inadvertently violating the order.

### How Can Individuals Challenge Or Modify Protective Orders That They Believe Are Excessive, Inaccurate, Or Based On Incomplete Information, Ensuring That Legal Processes Are Followed To Address Any Discrepancies Effectively?

Individuals can challenge or modify protective orders through legal processes if they believe the restrictions are unjust or based on incorrect information. Seeking legal counsel to navigate these challenges is essential to ensure that modifications are made correctly through the appropriate legal channels, preventing potential legal repercussions for violating the order.

### When Reviewing Protective Orders, What Aspects Should Individuals Pay Particular Attention To, Considering Their Unique Circumstances And Potential Impacts On Work, Housing, And Family Relationships?

During protective order reviews, individuals should focus on aspects that directly affect their daily lives, such as restrictions on property access, communication with family members, or contact with children. Addressing any overly broad or impractical restrictions promptly is crucial to maintaining essential aspects of one’s life while complying with the protective order’s terms effectively.

**Categories:** Family Violence Defense Lawyer, Family Violence Lawyer

---

### [How To Defend Against Gun Possession Charges In Galveston County](https://texascriminaljustice.com/how-to-defend-against-gun-possession-charges-in-galveston-county/)

**Published:** April 21, 2025
**Author:** Mark Diaz & Associates

**Content:**

Gun possession charges in Texas carry serious consequences, especially in[ Galveston County](https://www.galvestoncountytx.gov/), where law enforcement takes these offenses seriously. Texas is known for its strong support of gun rights, but that does not mean the law is lenient when someone is accused of illegally carrying or possessing a firearm. Prosecutors aggressively pursue these cases, and a conviction can lead to fines, jail time, and restrictions on future firearm ownership.

We understand how overwhelming it can be to face gun possession charges, particularly if the arrest was unexpected or based on unclear circumstances. At Mark Diaz & Associates, we are committed to defending individuals accused of gun crimes and ensuring that their rights are protected under Texas law.

## Understanding Texas Gun Possession Laws

Texas law permits individuals to carry firearms under specific conditions, but certain restrictions apply. The most relevant statutes concerning gun possession charges include:

- Texas Penal Code § 46.02 – This statute states it is legal to carry a handgun on your person so long as you are on your own premises or a premise under your control, or if you are inside of or directly en route to a motor vehicle or boat you own or of which is under your control.
- Texas Penal Code § 46.04 – This law prohibits felons from possessing a firearm within five years of release from confinement or supervision. Even after that period, possession is only allowed in the individual’s residence.
- Texas Penal Code § 46.05 – This statute criminalizes the possession of prohibited weapons, such as machine guns, explosive weapons, and short-barrel firearms, unless federally registered.
- Texas Penal Code § 46.03 – This law bans firearm possession in certain locations, including but not limited to schools, polling places, and government buildings.

Understanding how these laws apply to a specific case is critical in developing a strong defense.

## Common Defenses Against Gun Possession Charges

### Illegal Search And Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement obtained a firearm without a valid search warrant or probable cause, the evidence may be inadmissible in court. We carefully examine how the weapon was found and whether the police followed proper procedures. If they violated constitutional rights, we may be able to have the charges dismissed.

### Lack Of Possession

Possession must be proven beyond a reasonable doubt. In some cases, a firearm may have been found in a shared space, such as a vehicle or home, making it unclear who actually possessed it. If the prosecution cannot establish that the defendant had knowledge of or control over the firearm, then that could lead to some positive outcomes on the case as a result.

### License To Carry Defense

Texas allows individuals to carry firearms in certain circumstances, especially with a valid License to Carry (LTC). If someone is accused of unlawful possession, we review whether they had a legal right to carry the weapon. Prosecutors often fail to consider valid LTCs when making arrests, and presenting this evidence can lead to charges being dropped.

### Mistaken Identity

Firearm possession cases sometimes involve mistaken identity. If an arrest was based on unreliable witness testimony or confusion about ownership, we work to present evidence proving that our client was not responsible for the alleged offense.

### Self-Defense Argument

Texas law recognizes the right to self-defense. If someone possessed or displayed a firearm due to an immediate threat, this may serve as a valid defense. The circumstances surrounding the arrest play a critical role in determining whether self-defense applies.

## Legal Ramifications Of A Gun Possession Conviction

### Misdemeanor vs. Felony Charges

Gun possession charges in Texas can range from Class A misdemeanors to third-degree felonies. The severity of the charge depends on factors such as prior criminal history, where the firearm was found, and whether the individual had a legal right to possess it.

- Unlawful Carrying Of A Weapon (UCW) – Generally a Class A misdemeanor, punishable by up to one year in jail and a possible $4,000 fine.
- Felon In Possession Of A Firearm – A third-degree felony, carrying a sentence of two to ten years in prison and possible fines of up to $10,000.
- Possession In A Prohibited Place – A felony offense if a firearm is carried in locations such as a school or courthouse.

### Impact On Gun Rights

A conviction can result in the loss of firearm ownership rights. Under both Texas and federal law, felons are generally prohibited from possessing firearms. Restoration of rights may require legal action, such as a pardon or an expunction, both of which are difficult to obtain.

### Employment And Background Checks

A gun possession conviction can impact future employment opportunities. Many employers conduct background checks, and a criminal record may make it harder to secure a job, particularly in fields requiring security clearance or professional licenses.

## Frequently Asked Questions About Gun Possession Charges In Texas

### What Should I Do If I Am Arrested For Gun Possession In Galveston?

Remain calm and exercise your right to remain silent. Anything said to law enforcement can be used against you in court. Politely decline to answer questions until an attorney is present. Contact a defense lawyer as soon as possible to review the case and begin building a strong defense.

### Can I Carry A Firearm In My Car Without A License In Texas?

Yes, Texas law allows individuals to carry a firearm in their vehicle without a License to Carry (LTC) as long as the weapon is not in plain view. The firearm must be concealed unless the individual has an LTC.

### What Happens If A Firearm Is Found In A Shared Vehicle Or Home?

In cases where a firearm is discovered in a vehicle or residence shared by multiple people, prosecutors must prove that the accused knowingly possessed the weapon. If there is doubt about who actually controlled the firearm, the charges may not hold up in court.

### How Does A Felony Conviction Affect My Right To Own A Gun In Texas?

Under Texas Penal Code § 46.04, a person convicted of a felony cannot possess a firearm until five years after release from confinement or supervision. Even then, possession is only allowed within their home. Federal law may impose additional restrictions.

### Are There Any Circumstances Where Carrying A Gun In Public Without A License Is Legal?

Yes, Texas law allows permitless carry for individuals 21 or older who are legally allowed to possess a firearm under certain circumstances. However, restrictions apply, such as carrying in prohibited locations like schools and government buildings.

### What Are The Penalties For Carrying A Gun While Intoxicated In Texas?

Carrying a firearm while intoxicated is a Class A misdemeanor, punishable by up to one year in jail and a possible $4,000 fine. If an individual is arrested for DWI and found with a firearm, additional charges may apply.

### Can A Gun Possession Charge Be Dismissed?

Yes, charges can be dismissed for many reasons, some of those reasons may include if there is an unlawful search, a lack of evidence proving possession, or a valid legal defense. Each case is unique, however, and a thorough review of the facts is necessary to determine the best defense strategy.

### What If I Was Carrying A Gun For Self-Defense?

Texas law allows for individuals to defend themselves with a firearm under certain specific circumstances when threatened by another, but understand that there are limitations. If the firearm was possessed in a restricted area or by someone legally prohibited from owning one, the self-defense claim may not apply. A defense attorney can evaluate whether self-defense is a viable argument in the case.

### How Long Does A Gun Possession Case Take To Resolve?

The length of a case depends on the complexity of the charges, the available evidence, and whether a plea deal is negotiated or the case goes to trial. Some cases resolve within a few months, while others may take a year or more.

### Can I Get My Gun Back After A Gun Possession Arrest In Texas?

Whether a firearm can be returned after an arrest depends on the circumstances of the case. If the charges are dropped or the case is dismissed, it may be possible to reclaim the firearm. However, if the weapon was seized as evidence in a criminal case or the defendant is convicted of an offense that prohibits firearm possession, the state may not return it. An attorney can assist in determining the best way to recover a seized firearm or of it is even a possibility in your specific case.

### What Happens If I Accidentally Carry A Firearm Into A Prohibited Area?

Texas law makes it illegal to carry a firearm in specific locations, such as schools, polling places, and courthouses. In some cases, individuals unknowingly bring a firearm into a restricted area. If there was no intent to commit a crime, this may be used as a defense. Prosecutors must prove that the defendant knowingly violated the law. A defense attorney can work to show that the incident was a mistake and argue for the case to be dismissed or penalties reduced.

### Can A Gun Charge Be Expunged From My Record In Texas?

Expunctions are possible in certain cases, but eligibility depends on the outcome of the case. If charges were dismissed, no indictment was filed, or the defendant was acquitted, an expunction may be an option. If the charge resulted in a conviction or you entered a guilty or no contest plea, generally, an expunction is not available. Even though the case may not be eligible for an expunction, the case may qualify for a nondisclosure or a sealing of your record. An attorney can review the case and determine if an expunction or nondisclosure is possible.

## Contact Mark Diaz & Associates For A Strong Gun Crime Defense

Gun possession charges in Galveston County should never be taken lightly. A conviction can have lasting effects on your freedom, future employment, and gun ownership rights. At Mark Diaz & Associates, we aggressively defend clients facing firearm-related charges. Our firm is dedicated to protecting your rights and fighting for the best possible outcome in your case.

If you have been charged with unlawful gun possession in Galveston County or in the greater Houston area, contact us immediately. Contact our [Galveston County gun crime lawyer](/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](/landing-form/). We are prepared to fight for your defense and protect your future.

**Categories:** Gun Crime Lawyer

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### [8 Common Texas Drug Crime Questions Answered](https://texascriminaljustice.com/8-common-texas-drug-crime-questions-answered/)

**Published:** May 3, 2021
**Author:** Mark Diaz & Associates

**Content:**

![Drug Crime Questions](https://texascriminaljustice.com/wp-content/uploads/2021/04/Drug-Crime-Questions.jpg "Drug Crime Questions")

## Do I need a lawyer for simple drug possession?

You need a lawyer anytime you’re going into court. Every time you go to court on a criminal case, you’re dealing with a situation that could have an impact on you for the rest of your life. Possession of a drug is going to be a criminal offense so yes, you will need a lawyer to represent you.

## What does a fifth-degree felony mean?

There is no such thing. We have a capital felony, first degree, second degree, third degree, and then we have a state jail felony, which is its own animal. It’s a range of punishment of not less than 180 days, nor more than two years in a state jail facility.

## Can a drug charge be dropped?

Yes. Any case can later be dismissed for a variety of reasons. Can a drop of charge be dropped? I don’t know if you might also mean, can they be reduced? The answer there would again be yes, we have cases all the time where we get charges reduced, sometimes from a felony to a misdemeanor, sometimes from one degree of felony to a lesser degree of felony. The same way a case can be dismissed, charges can be lowered.

## How long do drug charges stay on your record?

The answer is if you are convicted, then drug charges or any other charge will stay on your record indefinitely. Forever. So there are certain dispositions or outcomes that can happen in cases that don’t necessarily land you in the conviction realm. Now, if that’s the case, then your options open up a little bit more. We’ll talk about expunctions and things like that a little bit later. The short answer is if you’re convicted, it’s going to be there forever. There’s not a ton that an attorney can do for you, unfortunately.

## Does having drugs in your system count as possession?

It’s actually not a terrible question. I think a lot of people think doing drugs is illegal, but technically speaking, it’s the possession part that gets you. Having drugs in your system does not count as possession. It has to be physically in your care, custody, or control which would not include in your digestive system. If there are drugs in your system, and you’re on bond, and you’re going to court, and a judge chooses to test you then that can be used against you to revoke your bond and/or make you sit in custody.

## What is the most common drug offense in Texas?

The most common drug offense is going to be possession. If you compare it to manufacturing, delivery, possession is going to be the most common. As for the most common type of drug, it’s hard to say. For a while it was marijuana, but it’s not necessarily anymore, especially right now. It differs from area to area.

Certain areas are going to be more prevalent with methamphetamines, others with heroin, it just depends. It changes in each area, depending on what’s most available in that time period. For a while in Galveston, it was meth, meth, meth. Other times it was pills and opiates. We don’t see a lot of cocaine possession in the county anymore, not like we used to. Meth has sort of taken over what used to be a lot of cocaine cases. So it changes with what is popular on the streets.

## Can you be charged for selling drugs in the past?

You cannot. Sort of. It kind of goes back to the question of ‘does having drugs in your system count as possession?’. Having sold drugs in the past, you cannot catch a state charge for that. However, many federal investigations involve conduct that people committed sometimes years ago, and are later charged as part of the conspiracy.

So you can be charged for selling drugs in the past if it was part of the federal investigation of a drug conspiracy. Many times federal agents will watch what they call a DTO, which means drug trafficking organization. They will investigate DTOs, sometimes for years to get as many people and as many drugs as they can in a particular federal charge.

So if you were in a drug trafficking organization, and we’re selling a year or two ago, yes, it’s possible that the feds could come after you. If the situation is six months ago you sold your cousin a dime bag of weed, no, you can’t be charged for that.

## **What does it mean to expunge your record of a drug crime?**

Great question. For starters, it’s important to understand [what an expunction is](/leaving-the-past-behind-expunction-and-non-disclosure-of-criminal-records-in-texas/). It means the complete deletion of your past criminal record. You are not always eligible for expunction, which is why it is all the more important to have an experienced attorney handling your case. The outcome of your case will matter when it comes to whether you can expunge your record.

The law is really neat in this area because if you successfully expunge your record and a judge signs off on it, you can deny that you were ever arrested or that the incident happened at all. It is deleted for everybody, not even law enforcement can see it. These situations are going to be where you were acquitted at trial, or a certain waiting period has passed after a dismissal.

Essentially, and this is kind of a generalized explanation on when you’d be eligible, if you entered a plea, then you’re almost always not going to be eligible for an expunction. However, it doesn’t close you off to the potential of sealing your record. So there’s an expunction in Texas, which is the deletion of the record, and then there’s a non-disclosure. A nondisclosure operates a lot like an expunction, but the rights are not necessarily as great. So law enforcement can still see it, but private entities who are running your history or doing public record checks, are not going to be able to see it.

Of course, non-disclosure is a little bit easier to get than an expunction. Non-disclosure is going to be for people who have, let’s say, gone on deferred probation, completed it, and they can later apply to ask the court to seal that record, because they have paid their debt to society, etc. In a nutshell, it’s super advantageous. If you’re eligible, it’s important to get with an attorney and figure it out. This is something that almost nobody can do alone. It’s very technical, but it has a lot of really great collateral consequences if you’re eligible and able to get it done.

**If You Are Facing Drug Crime Charges Contact Our Galveston Drug Crime Lawyers**

Unless you have a pharmacology degree, you will probably have a tough time deciphering Texas’s drug crime laws. Found under [Chapter 481 of the Texas Health and Safety Code](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), the provisions that govern drug possession are a complex maze of rules and regulations.

Related crimes include possession with intent to distribute, drug manufacturing, prescription drug crimes, and drug trafficking. Because drug possession is a serious crime that can result in life-changing penalties, it is absolutely imperative to work with a [Texas criminal defense lawyer](/choosing-the-right-texas-criminal-defense-lawyer-can-make-all-the-difference-heres-what-to-look-for/) who understands the law in this area.

**Categories:** Drug Crimes

**Tags:** drug crime

---

### [Most Common Questions Asked by Potential Clients](https://texascriminaljustice.com/most-common-questions-asked-by-potential-clients/)

**Published:** November 8, 2022
**Author:** Mark Diaz & Associates

**Content:**

![criminal defense](https://texascriminaljustice.com/wp-content/uploads/2022/11/diaz-fb.jpg "criminal defense")

Hey everyone, it’s been a long time so I thought that I would go back to the old way that I used to do this, which was going through some of the most popular web inquiries that we’ve had recently, just to give you all an idea of what’s out there, and what people have been asking us. These are general questions that some of you may have needed the answers to. ### Aggravated Assault With A Deadly Weapon

Recently, the most common question we’ve had is regarding an aggravated assault with a deadly weapon. When I say the most common, I mean, in the sample that I ran, that was the offense that was inquired about most often.

One of the most interesting conversations I had with a potential client was when they were asking me, what specifically is a deadly weapon? My answer to him was, literally almost anything. The penal code doesn’t say “anything”. however, quite literally, if you go through the cases, the things that have been found to be deadly weapons are almost limitless. It’s anything that if you were to strike someone with, and it could cause an injury, then that can be considered a deadly weapon.

I’ve had cases where the jury is asked to enter a finding that the vehicle was a deadly weapon. So aggravated assault with a deadly weapon is exactly what it sounds like. It means that someone is accused of attacking, or at least threatening someone with some object and causing physical damage with that object. Now an aggravated assault, making it a felony rather than just a misdemeanor assault had there been no weapon involved.

There is no definition specifically of a weapon for this offense. It’s anything that if used could inflict bodily harm. If you want more specifics on aggravated assault with a deadly weapon, I’m sure I’ve made a blog about it in the past, which will give you the penal code section and everything. It’s 22.02. You can look it up and read it.

### Possession Of A Controlled Substance In Texas

The next subject that was most asked of us recently was about possession of a controlled substance in Texas. The most common call we get is, someone wants to know what level of offense they will be charged with because of the substance they had. Most of the calls we get are for felonies involving the more serious controlled substances, cocaine, heroin, and methamphetamines.

Methamphetamine still seems to be the most commonly charged here in Galveston County. If you read the newspaper here, you’ll see that there has been an uptick in fentanyl cases in our county, fentanyl is extremely dangerous and oftentimes leads to death. Fentanyl is starting to be on the uptick but I believe at least in my office, the most commonly charged controlled substance is still methamphetamine.

### Dismissal Of Domestic Violence Charges

Someone asked me what percentage of domestic violence cases get dismissed. To be honest, I don’t have the answer. To answer that, one would have to go through the district clerk’s site and see how many were filed in a certain period, and then check the disposition of each of those cases to determine what the percentage is.

The problem with that is there are so many different reasons any case can get dismissed. I don’t know what the knowledge of that percentage would get you because it’s not always the same reason that cases get dismissed, especially in domestic violence. It could be a situation where the parties have reconciled and it was a misunderstanding involving alcohol, and the victim no longer wishes to prosecute. There are so many possibilities that I can’t answer that without doing a whole bunch of research that I’m not willing to do.

### Family Violence Charges

So, the next most popular call we get is assault/family violence. Family violence cases tend to pick up a lot, as I’ve said before, on holidays. I’ve done blogs on assault, family violence, done blogs on how to withdraw charges, we get that inquiry a lot. We get calls and emails a lot from victims, and their call or email is if I had my spouse, partner, or friend, arrested for domestic violence, how do I drop those charges? Once the charges have been filed, it’s out of the victim’s hands and into the state of Texas. We do get those inquiries, sometimes weekly.

### Expungement Of Conviction

We get a lot of calls on expunctions. I’ll throw nondisclosures in there too. I’ve gotten two emails this week, from people wanting to know, how could they expunge their conviction from a very long time ago, one of them was 19 years ago, specifically because he wants to now be able to carry a weapon.

It’s now gotten to the point that every time we get a call for an expunction, I can’t give you a general answer over the phone without looking up your case. I have to know how the case was disposed of, which becomes a lot harder on cases that are 19 and 20 years old, because the records are not always available online for me to look at the judgment, look at the disposition, see what the language was in the order that disposed of your case.

It’s getting more labor intensive in some cases to try and figure out if someone is entitled to an expunction or not. However, I did find it interesting that I got two calls or two emails in the same week. Same issue two separate people want expunctions specifically so they could now carry a weapon. Those are the most popular.

### Galveston Biker Rally

There’s not much going on locally to talk about except for this coming weekend the biker rally. It starts Thursday and I guess goes through Sunday. Just like any other holiday event, we will likely see an uptick in alcohol-related arrests over that period. During the biker rally, we do not often see crimes of violence or anything like that. Usually what we see is an uptick in intoxication offenses. It’s just like July 4th, or any other big holiday weekend where people come to town and drink all day and then make bad decisions.

I haven’t been on in a while so I just wanted to pop in and give you all an update. I’ll think of a more exciting topic to come back to maybe next week. In the meantime, check our new[ Texas Criminal Law FAQ](/texas-criminal-law-faq/) page.

Mark Diaz & Associates represent people charged with a crime in Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. Contact one of our [Galveston County criminal defense lawyers](/landing-form/) now at (409) 515-6170.

**Categories:** Criminal Defense Lawyers

**Tags:** Criminal Defense

---

### [Ways A Felony Conviction Can Affect Your Life](https://texascriminaljustice.com/ways-a-felony-conviction-can-affect-your-life/)

**Published:** September 4, 2023
**Author:** Mark Diaz & Associates

**Content:**

![felony](https://texascriminaljustice.com/wp-content/uploads/2023/09/Diaz-2-Ways-A-Felony-Conviction-Can-Affect-Your-Life_September-2023.jpg "felony")A felony conviction in Texas is a grave matter; the consequences can follow you for life. Learn in this article how a felony conviction can negatively affect your life and how important it is to avoid this problem. If you have questions, our [League City criminal defense lawyer](/) at Mark Diaz & Associates can help.

## Jail Or Prison Time For A Texas Felony Conviction

Being convicted of a felony in Texas may result in you serving at least a year in prison. Prison is a different world than jail. Generally in jail, people are either awaiting trial or are serving sentences on misdemeanors or possibly low-level felony offenses. Prison is a longer-term facility with higher security because many inmates have been convicted of more serious crimes. Texas has several types of felony crimes with the following punishments:

- A third-degree felony can be punished by [two to 10 years in state prison](/what-are-restrictions-on-convicted-felons-in-texas/).
- A second-degree felony can be punished by two to 20 years in state prison.
- If you are convicted of a first-degree felony, you can receive five to 99 years or life, depending on the charges.
- If you are convicted of a capital felony, you will either serve a life sentence without the possibility of parole, or if the prosecutor seeks the death penalty, you could be sentenced to death.

Additionally, you face serious financial consequences for a felony conviction in Texas. The costs can add up rapidly:

- Fines: For a felony conviction, the fine can be up to $10,000.
- Court costs: Some expenses are unrelated to punishment, but you are still responsible for paying them. These costs may include fees for being put on community supervision, jury fees, costs for officers serving arrest warrants, and fees for special programs.
- Further, if the victim suffered financial losses because of your criminal actions, you will probably have to pay restitution. Restitution compensates the victim for their losses and is separate from fines and court costs. Interest may accrue on unpaid amounts.

## What Are The Consequences Of A Texas Felony Conviction?

As noted earlier, a Texas felony conviction can lead to jail time and/or probation and fines. But there are collateral consequences that could damage your life for years to come:

### Employment

Even if you are acquitted of a felony, being charged in Texas can reduce your ability to find and keep a job. It also can reduce your earnings by limiting your career options. In many cases, Texas employers can check your criminal history with a background check and may not hire you based on the results. They also may ask you in the application process if you have a criminal record or have been charged with a crime.

### Driving

Depending on the offense, having a criminal record can lead to losing your driver’s license. If the conviction involved alcohol or drugs, you could lose your license for at least six months.

### Immigration Status

If you are not an American citizen, a felony conviction may prevent you from getting a green card. It also can alter your immigration status and reduce your ability to become a US citizen. It is also possible to be deported in these situations.

### Child Custody

If you have a felony conviction, it could damage your rights regarding child custody, especially if it involves domestic violence.

### Adopting Children

In Texas, you may not be allowed to adopt children if you are convicted of a crime, or in the least, you may have to wait out a period of time before being considered as an adoptive parent and once the period expires, undergo a full risk evaluation. Whether you are barred or would be subject to a waiting period and risk evaluation depends on the crime you were convicted of and the time that has passed since the conviction.

### College Admission

A mere criminal charge can handicap your ability to attend college. Every university has different policies, so you must check with the particular educational institution. Also, a charge related to sex or drugs can make getting financial aid difficult if not impossible.

### Professional Licenses

Unfortunately, most professional licenses are not an option for convicted felons unless you get an expungement. Many high-paying professional careers, such as legal, medical, and financial fields, require a license. Other prominent fields, such as cosmetology, real estate, and pharmacology, require a professional license that felons cannot obtain.

However, convicted felons may still be able to get a commercial driver’s license (CDL). You will need to go to truck driving school to obtain your CDL, but it is probably best to avoid large truck driving companies as a felon. If you select a small or mid-size company, they may be open to hiring a felon if you are a first-time offender and have been out of prison for several years.

There are other careers that people with a felony may pursue that do not require a professional license. These include:

- Web designer
- Mobile app developer
- Electrician
- Plumber
- Wind turbine technician
- Professional writer
- Networks systems administrator

If you are charged with a felony and have a professional license, immediately retain a skilled criminal defense lawyer.

### Voting

If you are in jail with a felony conviction, you are barred from voting in national or state elections. However, [Texas Election Code 11.002](https://statutes.capitol.texas.gov/Docs/EL/htm/EL.11.htm) states that you could have your voting rights restored in the rare event that you are pardoned or your sentence discharged for a felony conviction.

### Guns

Anyone convicted of a felony in Texas may not own firearms. However, state law says after five years from completing your sentence, probation, or parole, you may possess a firearm in your home.

### Holding Office

Texas law states that anyone convicted of a felony cannot hold public office.

### Renting

Any Texas landlord may refuse to rent to you if you have a criminal record within a certain period of years. If it is a sex crime, the landlord can refuse to rent to you regardless of when the crime happened.

### Repeat Offender

You could receive harsher penalties if you are a repeat offender in Texas. Courts in the state often consider you a habitual offender if you were previously convicted. Whether it is the same criminal charge or another, having a criminal record could lead to harsher punishment and/or a worse-case outcome.

## Expungement In Texas

Another problem with a felony conviction in Texas is that it is nearly impossible to have a crime [expunged or removed](https://guides.sll.texas.gov/expunctions-and-non-disclosure) from your record if you are convicted of it. There are exceptions when it is possible to expunge your record, however:

- Any crime you were charged with in Texas for which you were found not guilty by a jury or judge.
- If you were convicted but pardoned, the offense may be able to be expunged
- Prosecution cannot occur because the statute of limitations expired.

Whether a crime can or cannot be expunged from your record is complicated. Talk to our League City criminal defense attorney to find out more.

## Can A Felony Charge Be Lowered To A Misdemeanor?

Sometimes a felony charge can be reduced to a misdemeanor. The primary way this can happen is if your criminal defense attorney successfully plea bargains with the prosecutor. A plea bargain is an agreement between you and the state to resolve your charge. A plea bargain gives your attorney a chance to point out any errors that might have happened in how the state or police handled the case. For instance, if your car was illegally searched and illegal drugs were found, your attorney might leverage that information to negotiate a misdemeanor instead of a felony.

## How To Defend A Texas Felony Charge

This article makes it clear: There are serious implications for a felony conviction in Texas. So, hiring a skilled attorney and developing a sound defense is vital for your future. While your future may appear grim when you are arrested, remember that law enforcement only needs probable cause to put you in handcuffs. The government has a high burden to prove your guilt beyond a reasonable doubt. Your criminal defense attorney in League City may pursue various defense strategies to fight for your freedom. Some of these are:

- The police conducted an illegal search and seizure, obtaining evidence that could be suppressed in court.
- Lack of knowledge or intent of the crime.
- You acted in self-defense of yourself or others.
- Law enforcement officers entrapped you.

If you have been arrested for a felony in Texas, the first step is to say nothing to the police and call your attorney immediately. The less you say to the police before, during, and after the arrest, the better for your case. Anything you say will be used against you, so let your attorney do all the talking to law enforcement.

## Contact A League City Criminal Defense Lawyer Today

Being charged and convicted of a felony can turn your life upside down, but with the help of an attorney, there is hope for a successful outcome. Remember, the prosecutor must prove your guilt beyond a reasonable doubt, which is a high bar to clear. If you have been charged with a felony recently, you need prompt legal assistance to protect your rights. [Contact our League City criminal defense lawyer](/landing-form/) at Mark Diaz & Associates for help at (409) 515-6170 for a case review.

**Categories:** Criminal Defense Lawyers

**Tags:** Felony

---

### [Can Law Enforcement Demand ID For Passengers During A Traffic Stop?](https://texascriminaljustice.com/can-law-enforcement-demand-id-for-passengers-during-a-traffic-stop/)

**Published:** August 1, 2025
**Author:** Mark Diaz & Associates

**Content:**

![traffic stop](https://texascriminaljustice.com/wp-content/uploads/2025/08/Diaz-1-Can-Law-Enforcement-Demand-ID-For-Passengers-During-A-Traffic-Stop_August-2025.jpg "traffic stop")As [criminal defense attorneys in Galveston](/) and Greater Houston, we frequently get questions from people stopped by police while riding as passengers in vehicles. One of the most common concerns is whether law enforcement officers can legally demand identification from passengers during a traffic stop. This situation can be confusing and even intimidating, especially when a person has not done anything wrong. The short answer is that officers can ask for identification, but under Texas law, whether you’re required to comply depends on specific legal circumstances. We want to make sure you understand your rights, the potential risks of refusal, and what Texas law actually says.

Texas drivers are legally required to provide identification during traffic stops under the Texas Transportation Code. But passengers are not always held to the same legal obligations. The U.S. Constitution and the Texas Penal Code place limits on police authority when it comes to detaining or questioning passengers without reasonable suspicion or probable cause. Courts have made it clear that while officers can approach and ask questions, they cannot always force compliance unless certain legal thresholds are met.

At Mark Diaz & Associates, we believe in protecting the rights of every person stopped by law enforcement, whether you’re behind the wheel or just a passenger. Understanding your rights before a traffic stop happens is one of the best ways to stay safe and make sure you don’t face unnecessary charges or complications.

## Understanding What Law Enforcement Can Ask Of Passengers

During a traffic stop, police often ask passengers for identification as a matter of routine. They may want to know who is in the vehicle, check for outstanding warrants, or gather general information. However, the law sets boundaries on what officers can legally require from passengers.

Under Texas law, the requirement to identify yourself is primarily covered by [Texas Penal Code §38.02](https://statutes.capitol.texas.gov/docs/PE/htm/PE.38.htm), known as the “Failure to Identify” statute. According to this law:

- A person commits an offense if they intentionally refuse to give their name, residence address, or date of birth to a peace officer who has lawfully arrested them and requested the information.
- A person also commits an offense if they intentionally give a false or fictitious name, address, or date of birth to an officer who has lawfully arrested them, detained them, or the officer has good cause to believe the person is a witness to a criminal offense.

This statute does not automatically apply to passengers unless they have been lawfully detained or arrested. That distinction is critical.

## When Is A Passenger “Detained” Under Texas Law?

A passenger is not necessarily detained just because they are present during a traffic stop. Texas courts and the U.S. Supreme Court have consistently held that a traffic stop results in a temporary detention of the driver. Passengers, however, may only be considered detained if law enforcement exercises authority or control over them in a manner that restricts their freedom to leave.

If an officer orders a passenger to stay in the vehicle, remain on the scene, or submit to questioning beyond the scope of the traffic stop, this may rise to the level of a detention. In that case, the passenger may have legal obligations under [§38.02](https://codes.findlaw.com/tx/penal-code/penal-sect-38-02/), including the duty to identify themselves if requested. But if the passenger is not detained—meaning they are free to leave or not under suspicion—they generally have no obligation to provide ID.

## Probable Cause, Reasonable Suspicion, And Passenger Identification

To lawfully detain a passenger, law enforcement must have either reasonable suspicion that the passenger is involved in criminal activity or probable cause to arrest them. Without these legal grounds, forcing a passenger to provide ID may violate constitutional protections under the Fourth Amendment.

Officers can ask for identification without suspicion. But a person does not commit a crime by refusing to answer unless the officer has legal justification to detain or arrest. This legal boundary is important. A refusal to provide ID, by itself, cannot be treated as a crime unless one of the conditions in §38.02 is met.

## Can Police Arrest A Passenger Who Refuses To Identify Themselves?

If you have not been detained or arrested, and the officer lacks reasonable suspicion that you are involved in a crime, you cannot be legally arrested under §38.02 for simply refusing to provide ID. However, the line between lawful and unlawful detention can be blurred in real-world situations. If an officer believes you are interfering, lying, or resisting, other charges may follow, such as:

- Obstruction of justice ([Texas Penal Code §38.15](https://codes.findlaw.com/tx/penal-code/penal-sect-38-15/))
- Resisting arrest or detention ([Texas Penal Code §38.03](https://codes.findlaw.com/tx/penal-code/penal-sect-38-03/))
- Disorderly conduct ([Texas Penal Code §42.01](https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm))

Even if these charges do not ultimately hold up in court, they can still result in an arrest, time in jail, and a need to defend yourself against unnecessary prosecution. That’s why it’s critical to remain calm, not escalate the encounter, and talk to a criminal defense attorney as soon as possible if your rights are violated.

## What Courts Say About Passenger ID Requests

Texas courts have reinforced that police may not compel passengers to provide ID unless the person is lawfully detained. The Texas Court of Criminal Appeals has held that being in a car during a stop does not, by itself, create legal grounds to demand identification or conduct searches.

Additionally, in [*Hiibel v. Sixth Judicial District Court of Nevada*](https://supreme.justia.com/cases/federal/us/542/177/), the U.S. Supreme Court upheld that a state can require identification from a detained person, but this ruling did not authorize ID demands from individuals not suspected of wrongdoing.

So, under Texas and federal law, the legal answer remains: Officers can ask—but they can’t force you to comply unless you’ve been lawfully detained.

## What To Do If You’re A Passenger During A Stop

If you’re riding in a car during a traffic stop and an officer asks for your ID, remember:

- You can ask, “Am I being detained?” or “Am I free to leave?”
- If the officer says you are free to go, you are not obligated to show ID.
- If the officer says you are detained, ask why—but remain calm and cooperative.
- Never lie about your identity. That alone can result in criminal charges under §38.02(b).

Knowing your rights is not a license to be confrontational. It’s about understanding the law, remaining respectful, and protecting yourself from unlawful police actions.

## FAQs About Passenger Rights During A Texas Traffic Stop

### Do Passengers In Texas Have To Show ID If Asked By Police?

Not automatically. Passengers are only required to identify themselves under Texas Penal Code §38.02 if they have been lawfully detained or arrested. If the officer has no legal reason to detain the passenger, the request to show ID is voluntary.

### Can Refusing To Show ID Get A Passenger Arrested?

Only under specific conditions. If you are lawfully detained and you refuse to provide your name, address, or date of birth, you may be charged under §38.02. But refusal alone is not a crime if you have not been legally detained or arrested.

### Is Being A Passenger During A Stop Considered A Detention?

No. Being a passenger during a routine traffic stop does not automatically mean you are detained. The officer must have reasonable suspicion to extend the stop to question or detain a passenger.

### Can I Walk Away From A Traffic Stop If I’m A Passenger?

If you are not detained, you have the right to leave. Ask the officer, “Am I being detained?” If the answer is no, you may calmly walk away. But make sure your actions do not appear aggressive or evasive, which could create other legal issues.

### What Should I Do If I Feel Pressured To Show ID?

Stay calm and polite. Ask the officer whether you’re legally required to show ID. If the officer cannot give a clear answer or continues pressing you without a lawful basis, that could be a violation of your rights. Document everything and contact a criminal defense attorney.

### Can Police Search Me If I Refuse To Show ID?

No, not without probable cause or consent. A refusal to identify yourself, by itself, does not give officers authority to search your person or belongings.

### What If I’m A Passenger On Probation Or Parole?

You may have special conditions that require cooperation with law enforcement. Check with your supervising officer or attorney. In some cases, probationers are subject to broader law enforcement authority during stops.

### Can The Driver Get In Trouble If A Passenger Refuses To ID Themselves?

Generally, no. A passenger’s refusal to identify themselves is not the driver’s responsibility, unless the driver lies to police or somehow interferes with the investigation.

### How Should I Handle A Stop If I Don’t Have My ID With Me?

If legally required to identify yourself, you must still provide your name, date of birth, and address accurately. Lying or giving false information is a separate offense under §38.02(b).

### Should I Record The Traffic Stop As A Passenger?

You are allowed to record public interactions with law enforcement in Texas, as long as you do not interfere. Use your phone discreetly and stay calm. A recording may help protect your rights if you are unlawfully detained or arrested.

## Our Galveston Criminal Defense Attorneys Fight for the Best Outcome for You

At Mark Diaz & Associates, we fight aggressively to protect your rights when law enforcement oversteps legal boundaries. Whether you’ve been charged with failure to identify, disorderly conduct, or another offense stemming from a traffic stop, we know what’s at stake. Our team understands Texas law and how to defend people from unjust or unlawful police encounters.

Contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout the entire Houston area. If your rights were violated or you’ve been charged with a crime during a traffic stop, we’re ready to stand by your side and fight for the outcome you deserve.

**Categories:** Criminal Defense Lawyers

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### [Things To Avoid When You Are Being Accused Of Domestic Violence](https://texascriminaljustice.com/things-to-avoid-when-you-are-being-accused-of-domestic-violence/)

**Published:** April 29, 2021
**Author:** Mark Diaz & Associates

**Content:**

![domestic violence Galveston domestic violence lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/04/domestic-violence-Galveston-domestic-violence-lawyer.jpg "domestic violence Galveston domestic violence lawyer")Arguments among spouses and other family members are not uncommon. Sometimes these arguments can get quite tense and emotional. But when a disagreement results in any form of physical violence, the law may end up getting involved.

Domestic violence–or family violence, as it is formally known in the [Texas Family Code](https://statutes.capitol.texas.gov/Docs/SDocs/FAMILYCODE.pdf)–is classified as any assault against a family member, household member, or current or past dating partner. An assault in this context means intentionally, knowingly, or recklessly causing bodily injury to the victim. Even threatening or putting a family member in “imminent” fear of bodily injury is sufficient to justify a [domestic violence charge](/three-steps-to-take-if-youve-been-charged-with-domestic-violence/).

Of course, anyone can claim they were a victim of domestic violence. Whether a prosecutor can prove such allegations in court is another matter. Yet many people falsely accused of domestic violence still manage to dig themselves in deeper by taking certain actions that inflame an already tense situation. With that in mind, here are some common mistakes to avoid anytime you are arrested, or even questioned by the police, on allegations of domestic or family violence.

## **Never Confront Your Accuser**

For many people, our first instinct when someone makes any sort of false allegation against us is to confront them directly. Think about someone who has said something untrue or mean about you on Twitter or Facebook. Did you post an immediate response out of anger or frustration? Did you escalate the conflict into a “war of words”? Were you convinced you could force your accuser to recant or apologize merely by confronting them?

While it is natural to answer “yes” to these questions, when you are involved in a law enforcement investigation into domestic violence, the absolute last thing you should ever do is confront your accuser. There are several reasons for this:

- First, confrontation will in fact likely escalate matters and may lead the accuser to make even more allegations, true or false, against you.
- Second, police and prosecutors may look at confrontation as corroboration of the accuser’s allegations.
- Third, as is true in any criminal matter, anything you say or do publicly could be used as evidence against you at trial; to put it another way, the police do not need to read you your Miranda rights before considering an inflammatory post you made on Facebook.

## **If the Accuser Has Obtained A Protective Order, Obey It To The Letter**

Anyone who believes that they have been a victim of domestic violence can ask a judge to issue a Protective Order. If a judge issues a Protective Order against you, you are required not to harm, threaten, or harass your accuser or other members of their family (such as minor children). The order may also require you to maintain a certain distance from the accuser’s home, workplace, school, or daycare. You can also be forbidden from carrying a handgun, even if you legally own such a weapon and have the proper licenses.

In some cases, a Protective Order may force you to leave your own house if the accuser is someone that you live with. You can also be ordered to undergo drug testing or attend anger management classes. If you have children, the Protective Order may also incorporate provisions forcing you to pay child support and setting limits on your visitation rights.

So as you can see, a Protective Order can quickly turn your life upside down. The critical thing to understand, however, is that you have no choice but to obey all of the conditions established by the judge. Violating a Protective Order is a criminal offense in Texas. And if you have prior violations, you may be charged with a felony.

Keep in mind, even if you know the domestic violence allegations are untrue, that cannot justify violating a legally issued Protective Order. No judge will be sympathetic to a defendant who deliberately ignores the court’s instructions. There are legal mechanisms to challenge and appeal a Protective Order with the court. But this is one area where you never want to try and “take the law into your own hands.”

## **Do Not Pressure the Accuser to Recant Their Allegations**

Many people facing domestic violence charges incorrectly assume that if they can just talk to their accuser and convince them to recant their allegations, that will make their case go away. To put it bluntly, this is not how the law works. And placing any pressure, no matter how well-intended, on an accuser is only likely to exacerbate your legal troubles even further.

Here’s the thing: An accuser does not have the legal right to demand prosecutors “drop” a domestic violence case. Domestic violence is not simply a private matter between the parties, like say a contract dispute. Domestic violence is a crime under Texas law.

That means that once the police or the District Attorney believes there is credible evidence of a criminal act, they may still be professionally obligated to proceed even if the initial accuser later recants or changes their story.

The truth is that it is not uncommon for accusers to recant in domestic violence cases. Some do so because they knowingly made a false allegation in the first place. But others were genuine victims who are simply afraid of the consequences if they proceed.

For instance, if the accuser is still in a relationship with the defendant, the accuser may fear the loss of financial support if the defendant goes to jail. Police and prosecutors are well aware of this, which is precisely why they often elect to proceed with a criminal case–relying on other evidence–even after the accuser no longer wishes to continue.

And once again, if the District Attorney finds out that you “convinced” or “pressured” the accuser to change their story, that will likely make the prosecutors dig in even harder against you.

## **Do Not Sit and Wait for the Case to “Go Away”**

Having said all this, another mistake to avoid is simply doing nothing. We often hear from clients who think the best way to respond to a false domestic violence allegation is to take no action and basically “wait for the matter to go away.”

There are, in fact, a number of steps you can take to protect yourself that do not cross any of the lines discussed above. Here are just a few examples:

- Keep written records of all of your interactions with the accuser, such as emails and text messages.
- If you previously shared any passwords or passcodes with the accuser, make sure to change them so they can no longer gain access to your private information.
- If there are other family members or friends who can serve as witnesses in your defense, make sure to contact them and let them know what is going on.

## **Never Fight Domestic Violence Charges Without The Assistance Of Counsel**

At the risk of repeating ourselves, domestic violence is a criminal matter. This means that once the accuser has gone to the police, you need to contact and retain an experienced [Galveston domestic violence lawyer](/domestic-violence/) to assist in your defense.

An attorney can help you in several ways. First, a domestic violence lawyer can help you get a previously issued Protective Order against you lifted. Second, a lawyer can help you prove that the accuser is lying or fabricating their claims. Indeed, many accusers may back off an accusation once they know the defendant is represented.

And even when police and the District Attorney wish to proceed with a case, an attorney can ensure your constitutional rights are respected throughout the process. Remember, you always have the right to have an attorney present when questioned by the police. And you never have to answer questions at all–you have the right to remain silent. These rights protect you against potential self-incrimination.

**A Domestic Violence Lawyer Can Help Negotiate A Plea**

A domestic violence lawyer can also provide you with guidance when it comes to any potential plea negotiation. Prosecutors will often agree to reduce a charge or give a favorable sentencing recommendation in exchange for a guilty plea. Such deals are more likely to work out in your favor when you are represented.

Finally, if a domestic violence case does go to trial, your attorney can prepare and present your side of the story. Perhaps you were acting in self-defense when an alleged act of domestic violence occurred. Or maybe your accuser’s injuries were the result of an accident or some other cause. Or perhaps the prosecution simply cannot prove–beyond a reasonable doubt–some necessary element of the charge. Your lawyer can make sure the jury hears all of the relevant facts and arguments before rendering a verdict.

So if you are facing domestic violence charges and need legal advice or representation, contact our [domestic violence lawyer in Galveston](/domestic-violence/) today to schedule an initial consultation.

**Categories:** Domestic Violence Lawyer

**Tags:** domestic violence

---

### [Can A Domestic Violence Charge Be Dropped In Texas?](https://texascriminaljustice.com/can-a-domestic-violence-charge-be-dropped-in-texas/)

**Published:** February 1, 2026
**Author:** Mark Diaz & Associates

**Content:**

![Domestic Violence False Charges](https://texascriminaljustice.com/wp-content/uploads/2021/02/Domestic-Violence-False-Charges.jpg "Domestic Violence False Charges")

A domestic violence arrest in Texas creates immediate fear and confusion for the accused and the family involved. Many people assume that if the complaining witness changes their mind or asks to stop the case, everything will simply go away. Texas criminal law does not work that way. Once law enforcement makes an arrest, the case belongs to the State of Texas, not the alleged victim. That distinction is critical to understanding whether a domestic violence charge can be dropped and how it actually happens.

We see this issue often in Galveston and throughout Houston. Emotions run high during domestic disputes, and situations calm down quickly after an arrest. Even so, prosecutors are required to look at the evidence, the safety of everyone involved, and Texas statutes before deciding what happens next. Some cases are dismissed early. Others move forward even when the alleged victim does not want to participate. The outcome depends on facts, evidence, and how the case is handled from the start.

Below, we will explain when domestic violence charges can be dropped in Texas, who has the authority to do so, and what factors matter most under Texas criminal law. Our goal is to give clear, accurate information so you understand how these cases actually work.

## How Texas Law Defines Domestic Violence

Texas does not use the phrase “domestic violence” in the Penal Code as a standalone offense. Instead, these cases are charged under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.22&artSec=22.01), which governs assault, when the alleged victim has a qualifying family or household relationship with the accused. That includes spouses, former spouses, dating partners, family members by blood or marriage, and people who live together.

An assault becomes family violence when it involves intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or causing physical contact that the other person would reasonably find offensive or provocative. If the allegations involve serious bodily injury or the use of a deadly weapon, prosecutors may file charges under [Texas Penal Code § 22.02](https://tcss.legis.texas.gov/resources/PE/pdf/PE.22.pdf#22), which addresses aggravated assault.

The classification of the charge matters. Misdemeanor family violence cases are handled differently than felony cases, and the ability to resolve or dismiss a case depends heavily on how it is charged and what evidence exists.

## Who Has The Authority To Drop A Domestic Violence Charge In Texas?

One of the most common misunderstandings we encounter is the belief that the alleged victim controls the case. Under Texas law, that is not true. Only the prosecutor, acting on behalf of the State, has the authority to dismiss or reduce criminal charges.

Even if the alleged victim recants, refuses to testify, or asks for the charges to be dropped, the prosecutor can still proceed. This policy exists because the legislature and courts recognize that family violence cases often involve pressure, fear, or financial dependence. The State’s position is that public safety overrides individual requests once an arrest has occurred.

That said, prosecutors do consider the wishes of the alleged victim as one factor among many. A strong defense can use that information, along with weaknesses in the evidence, to advocate for dismissal or reduction.

## When Domestic Violence Charges Are Commonly Dropped

While no dismissal is guaranteed, there are specific situations where domestic violence charges are more likely to be dropped in Texas.

Cases with weak or conflicting evidence often face early dismissal. If there are no visible injuries, no medical records, and no independent witnesses, the State may struggle to meet its burden. Body camera footage, 911 recordings, and photographs must support the allegation, not contradict it.

False or exaggerated accusations can also lead to dismissal. We see cases where statements change over time or do not match physical evidence. Inconsistencies matter, especially when documented properly.

Procedural issues can also derail a case. Unlawful arrests, improper searches, or violations of constitutional rights may lead to suppression of key evidence. Without that evidence, prosecutors may have no choice but to drop the charge.

Finally, first-time misdemeanor cases may be resolved through pretrial diversion or dismissal after certain conditions are met. These outcomes depend on the county, the prosecutor’s office, and the facts of the case.

## Can A Victim Recant Or Refuse To Testify?

An alleged victim can recant a statement, but that alone does not end the case. Prosecutors are trained to expect recantations in family violence matters. They often rely on other evidence, such as photographs, recordings, medical records, and officer observations, to move forward.

If the alleged victim refuses to testify, the State may still proceed using exceptions to hearsay rules or prior recorded statements. In some cases, prosecutors issue subpoenas to compel testimony. Refusal to comply with a subpoena can result in legal consequences for the witness.

However, a recantation can still be significant when paired with weak evidence. A well-documented recantation that explains inconsistencies or false assumptions can change how a prosecutor evaluates the case.

## The Role Of Protective Orders In Domestic Violence Cases

In many Texas domestic violence cases, courts issue emergency protective orders under **Texas Code of Criminal Procedure Article 5.04** shortly after arrest. These orders can prohibit contact between the accused and the alleged victim, restrict access to shared residences, and impose firearm restrictions.

Protective orders remain in effect regardless of whether the alleged victim wants contact. Violating a protective order is a separate criminal offense and can seriously harm any effort to resolve the underlying case.

Even if the criminal charge is later dismissed, protective orders may remain in place for their full duration unless modified by the court. This is another reason early legal representation matters.

## Misdemeanor Versus Felony Domestic Violence Charges

Misdemeanor family violence charges typically involve Class A misdemeanors when bodily injury is alleged. A conviction carries serious consequences, including jail time, fines, and a permanent family violence finding.

Felony charges arise in several situations, including allegations of strangulation, prior family violence convictions, or aggravated assault. Felony cases are far less likely to be dismissed and carry long-term consequences such as prison exposure and firearm prohibitions.

The level of the charge affects prosecutorial discretion, available resolutions, and long-term consequences. Each case must be evaluated individually.

## Long-Term Consequences Even If Charges Are Dropped

Even when domestic violence charges are dropped, the impact does not always disappear. Arrest records remain, and protective orders may continue. Employment, housing, and professional licensing can still be affected by the arrest itself.

For non-citizens, any arrest involving allegations of family violence can raise immigration concerns, even without a conviction. These collateral effects are often overlooked but very real.

This is why resolving a case properly matters. Dismissal should be accompanied by strategic steps to limit long-term damage where possible.

## Frequently Asked Questions About Dropping Domestic Violence Charges In Texas

### Can A Domestic Violence Case Be Dropped If The Alleged Victim Forgives Me?

Forgiveness does not automatically end a criminal case in Texas. Once an arrest is made, the prosecutor decides whether the case continues. While forgiveness and reconciliation may be considered, they are only part of a much larger evaluation. Prosecutors focus on evidence, safety concerns, and prior history. In some cases, forgiveness helps support dismissal. In others, the case moves forward despite it.

### What Happens If The Alleged Victim Refuses To Come To Court?

Refusing to come to court does not guarantee dismissal. Prosecutors can issue subpoenas and rely on other evidence if available. If the case depends entirely on testimony and no other evidence exists, refusal to testify may weaken the State’s position. Each situation is different, and outcomes vary widely based on the evidence.

### Can A Domestic Violence Charge Be Dropped Before Court?

Yes, some cases are dismissed before the first court setting. This usually happens when evidence is insufficient or contradictory. Early intervention by defense counsel can bring problems to the prosecutor’s attention before the case gains momentum.

### Does A First-Time Offense Make Dismissal More Likely?

First-time cases may be treated more leniently, especially when injuries are minor and evidence is weak. Some jurisdictions offer diversion or dismissal options. However, there is no automatic rule. The facts of the case still control the outcome.

### Will Dropping Charges Remove The Protective Order?

Not necessarily. Protective orders often remain in effect even after dismissal. A separate court process may be required to modify or dissolve the order. Violating the order before that happens can create new criminal exposure.

### Can Charges Be Dropped After A 911 Call?

Yes, but 911 recordings are powerful evidence. Even if the caller later recants, the recording may support prosecution. Prosecutors often rely heavily on what was said during the call and how it aligns with other evidence.

### How Long Does It Take For Charges To Be Dropped?

There is no set timeline. Some cases are dismissed within weeks. Others take months. Timing depends on evidence review, court schedules, and negotiations with the prosecutor.

### Does A Recantation Have To Be In Writing?

A written recantation is often more effective, especially when detailed and consistent. However, written statements must be handled carefully. Poorly drafted recantations can harm the defense instead of helping it.

### Can Police Drop Charges After An Arrest?

No. Police do not have authority to dismiss charges after an arrest is made. Their role ends after submitting reports and evidence. Prosecutors control the case from that point forward.

### Will A Dismissed Case Still Show On Background Checks?

Arrests often appear on background checks even when charges are dropped. Additional legal steps may be needed to limit public access to records where permitted by law.

## Speak With A Defense Team That Handles These Cases Daily

Domestic violence allegations carry serious legal and personal consequences, even when charges are later dropped. The difference between dismissal and prosecution often comes down to how the case is addressed early and how evidence is challenged.

At Mark Diaz & Associates, we defend individuals facing domestic violence charges in Galveston and throughout Houston, Texas. When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If you are facing a domestic violence charge and need clear answers about your options, contact our [Galveston domestic violence lawyer](/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Domestic Violence Lawyer

---

### [Accused Of Domestic Violence In Galveston County? What Judges Look At](https://texascriminaljustice.com/accused-of-domestic-violence-in-galveston-county-what-judges-look-at/)

**Published:** February 28, 2026
**Author:** Mark Diaz & Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2022/01/domestic-violence-1.jpg "domestic violence")A domestic violence accusation in Galveston County is a serious matter that can impact your freedom, family relationships, and future opportunities. Texas courts address family violence allegations promptly, and judges often make early decisions that influence your case. Protective orders, bond conditions, and custody issues may arise soon after an arrest. Many are surprised by the importance judges place on specific facts during the initial court appearance. We have represented clients throughout Galveston and Houston who needed clear guidance on what courts evaluate and how to protect their rights under Texas law.

## Understanding Domestic Violence Under Texas Law

In Texas, domestic violence is legally referred to as “family violence.” The definition appears in [Texas Family Code § 71.004](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=71.004). Under this statute, family violence includes:

- An act intended to result in physical harm, bodily injury, assault, or sexual assault
- A threat that reasonably places a family or household member in fear of imminent harm
- Abuse against a child in the household

Most criminal charges stem from [Texas Penal Code § 22.01](https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/), which governs assault. A person may be charged if the state alleges they intentionally, knowingly, or recklessly caused bodily injury to a family member, household member, or dating partner.

The classification of the charge depends on the facts. Many first-time allegations are charged as Class A misdemeanors. However, the case can become a third-degree felony if there is a prior family violence conviction or if the allegation involves impeding breathing or circulation under [Texas Penal Code § 22.01(b)(2)(B)](https://law.justia.com/codes/texas/penal-code/title-5/chapter-22/section-22-01/). Aggravated assault allegations may be charged under Texas Penal Code § 22.02, which carries even more serious consequences.

Judges in Galveston County understand these statutory distinctions and often review the charging instrument carefully during early hearings.

### Early Court Decisions Can Shape Your Case

After a family violence arrest, initial court appearances often involve magistration, bond setting, and sometimes an emergency protective order. Judges frequently make quick decisions based on limited information, making the initial record critical.

At the magistration hearing, the judge reviews probable cause and sets bond conditions. Under [Texas Code of Criminal Procedure Article 17.292,](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-17-292/) courts may issue a Magistrate’s Order for Emergency Protection in qualifying family violence cases. This order can prohibit contact with the alleged victim and may restrict where you can live or travel.

Judges in Galveston County often focus on:

- The police officer’s probable cause affidavit
- Visible injuries
- Statements from the complaining witness
- Prior criminal history
- Any indication of escalating conduct

These early impressions can influence later rulings on bond modifications, protective orders, and plea negotiations.

## The Evidence Judges Evaluate Closely

When courts assess domestic violence cases, they do not rely on a single factor. Judges typically look at the totality of the circumstances. Certain types of evidence tend to carry more weight.

### Police Reports And Body Camera Footage

Law enforcement documentation often becomes the backbone of the prosecution’s case. Officers frequently include:

- Observations of injuries
- Statements made at the scene
- Emotional condition of the parties
- Photographs

Body camera footage is often especially influential. Judges may assess whether the accused appeared cooperative, intoxicated, or agitated. Tone and demeanor can carry significant weight.

### Medical Records And Injury Photos

If the complaining witness sought medical treatment, prosecutors may present those records to show bodily injury under Texas Penal Code § 1.07(a)(8), which defines bodily injury broadly to include physical pain.

Judges often consider:

- Whether injuries are consistent with the allegation
- The timing of treatment
- Whether photographs show swelling, bruising, or marks

Even relatively minor injuries can support a Class A assault charge under Texas law.

### Prior Family Violence Allegations

Prior incidents can significantly affect how a judge views risk and credibility. Under Texas Code of Criminal Procedure Article 42.013, courts must make an affirmative finding of family violence in certain cases.

If a person has a prior family violence conviction, the current charge may be enhanced to a felony. Judges also consider prior protective orders, even if they did not result in convictions.

### Statements From The Alleged Victim

Statements made during 911 calls, to responding officers, or in written affidavits often carry substantial weight. In many cases, the complaining witness later wants to drop the charges. However, prosecutors may still proceed.

Judges evaluate:

- Consistency of statements
- Emotional tone during the 911 call
- Whether statements appear spontaneous
- Any evidence of coercion or recantation

Texas law allows certain hearsay exceptions, so early statements may still be used even if the witness becomes reluctant to testify.

### Bond Conditions And Protective Orders

In Galveston County family violence cases, bond conditions are often strict. Judges have broad authority under the Texas Code of Criminal Procedure Article 17.40 to impose reasonable conditions related to safety.

Common bond conditions include:

- No contact with the alleged victim
- Stay-away orders from the residence
- GPS monitoring in higher-risk cases
- Firearm surrender requirements

Separately, courts may issue protective orders under Texas Family Code Chapter 85. These civil orders can last up to two years and may affect child custody, housing, and employment.

Judges weigh the same risk factors discussed earlier when deciding whether these restrictions are necessary.

### How Judges Assess Credibility

Credibility plays a central role in domestic violence proceedings. Judges in Galveston County often look beyond the written report and consider context.

Factors that may influence credibility findings include:

- Consistency between statements and physical evidence
- Timing of the report
- Whether independent witnesses exist
- Prior relationship history between the parties
- Any evidence of mutual confrontation

In some cases, the absence of visible injury does not end the inquiry. Texas law allows prosecution based solely on pain, so judges often focus on the overall narrative.

### Potential Penalties And Long-Term Consequences

Even a misdemeanor family violence conviction carries serious collateral consequences in Texas.

Possible penalties include:

- Up to one year in county jail for a Class A misdemeanor
- Up to a $4,000 fine
- Community supervision
- Mandatory family violence programs

A felony conviction under Texas Penal Code § 22.01(b)(2) can result in two to ten years in prison.

Beyond court-imposed penalties, a family violence finding can affect:

- Firearm rights under federal law
- Professional licensing
- Housing opportunities
- Immigration status
- Child custody disputes

Judges are aware of these consequences and often emphasize the seriousness of the allegation during proceedings.

## Defense Strategies That May Influence Judicial Decisions

Every case is fact-specific, but certain defense approaches frequently affect how judges view domestic violence allegations.

### Challenging Probable Cause

If the arrest lacked sufficient factual support, defense counsel may file motions addressing probable cause deficiencies. Weak affidavits sometimes lead to reduced charges or dismissals.

### Examining Self-Defense Claims

Texas Penal Code Chapter 9 allows the use of force in self-defense under certain conditions. Judges evaluate whether the evidence supports a reasonable belief that force was immediately necessary.

### Highlighting Inconsistencies

Contradictory witness statements, missing evidence, or timeline problems can create reasonable doubt. Judges pay attention when the narrative does not align with physical evidence.

### Addressing False Or Exaggerated Allegations

In emotionally charged disputes, accusations may be overstated or influenced by custody or relationship conflicts. Presenting context early can affect bond rulings and negotiations.

## Why Early Legal Intervention Matters In Galveston County

Timing often makes a measurable difference in family violence cases. Early action allows the defense to:

- Preserve surveillance footage
- Interview witnesses while memories are fresh
- Address protective order hearings.
- Seek bond modifications
- Begin negotiations with prosecutors.

Judges in Galveston County often form preliminary impressions quickly. Prompt, strategic advocacy can help ensure the court hears your side of the story before positions become entrenched.

## Frequently Asked Questions About Domestic Violence Charges In Galveston County

### What Does The State Have To Prove In A Texas Family Violence Case?

In a Texas family violence prosecution, the state must prove beyond a reasonable doubt that the accused intentionally, knowingly, or recklessly caused bodily injury to a family member, household member, or dating partner under Texas Penal Code § 22.01. Bodily injury is defined broadly in Texas Penal Code § 1.07(a)(8) and includes physical pain, illness, or impairment of physical condition. This means prosecutors do not always need medical records or severe injuries to proceed. They often rely on witness testimony, photographs, and officer observations. In Galveston County courts, judges closely examine whether the evidence shows more than a mere verbal dispute. The state must also establish the qualifying relationship between the parties. If there is reasonable doubt about intent, identity, or whether bodily injury occurred, the charge may be reduced or dismissed.

### Can The Alleged Victim Drop The Charges In Texas?

No. In Texas, criminal charges are filed and controlled by the state, not the complaining witness. Even if the alleged victim asks for dismissal, the Galveston County District Attorney’s Office can continue prosecuting the case. Prosecutors often rely on 911 recordings, body camera footage, and initial statements. Judges understand that recantations sometimes occur in family violence cases and may treat later changes cautiously. However, a complaining witness’s position can still affect plea negotiations and trial strategy. The defense may use inconsistent statements to challenge credibility. Each situation is fact-specific, and outcomes depend heavily on the available evidence.

### What Is An Emergency Protective Order, And How Long Does It Last?

An Emergency Protective Order, often called an EPO, may be issued by a magistrate under Texas Code of Criminal Procedure Article 17.292 shortly after an arrest for family violence. The order can prohibit contact with the alleged victim, restrict firearm possession, and require the accused to stay away from certain locations. In cases involving serious bodily injury or use of a weapon, the order may last up to 91 days. In other qualifying cases, it may last between 31 and 61 days. Violating the order can lead to new criminal charges. Judges in Galveston County treat these orders seriously, and compliance is essential while the case is pending.

### Will A Family Violence Charge Affect My Gun Rights?

Yes, it can. Under federal law, specifically 18 U.S.C. § 922(g)(9), a qualifying domestic violence conviction can permanently prohibit firearm possession. Texas courts also often impose firearm surrender as a bond condition in pending cases. Even a misdemeanor conviction with an affirmative family violence finding under Texas Code of Criminal Procedure Article 42.013 can trigger federal restrictions. Judges frequently warn defendants about this consequence during plea proceedings. Because the firearm prohibition can be permanent, many defendants consider the long-term impact when evaluating case strategy.

### Can I Go Back Home After A Domestic Violence Arrest In Galveston County?

It depends on the bond conditions and whether a protective order is in place. Many defendants are ordered to have no contact with the alleged victim and to stay away from the shared residence. Violating these conditions can result in bond revocation and additional charges. In some situations, defense counsel can request a bond modification to allow limited contact or a property retrieval visit. Judges review the specific facts of the case, the safety concerns raised, and the position of the alleged victim before making changes. Until a court modifies the order, strict compliance is essential.

### What If There Were No Visible Injuries?

The absence of visible injuries does not automatically prevent prosecution. Texas law defines bodily injury broadly, and testimony about physical pain can be sufficient. Prosecutors sometimes rely on statements made during the 911 call or to responding officers. However, the lack of objective injury can create opportunities for the defense to challenge the state’s case. Judges often consider whether the alleged events are consistent with the physical evidence. When the record shows inconsistencies, the defense may be in a stronger position during negotiations or trial.

### How Long Do Domestic Violence Cases Take In Galveston County?

Case timelines vary based on the charge level, court docket, and whether the case resolves through dismissal, plea, or trial. Misdemeanor family violence cases in Galveston County may take several months, while felony cases can extend much longer. Early hearings often occur quickly, including magistration and protective order proceedings. Judges expect compliance with all bond conditions during the pending period. The defense typically uses the early phase to gather evidence, review discovery, and evaluate legal defenses. Patience is often required because the process rarely resolves overnight.

### Can Self-Defense Apply In A Texas Family Violence Case?

Yes. Texas Penal Code Chapter 9 allows the use of force in self-defense when a person reasonably believes it is immediately necessary to protect against another’s use or attempted use of unlawful force. In family violence cases, self-defense claims are highly fact-specific. Judges consider who initiated the confrontation, whether the response was proportionate, and whether there is supporting evidence, such as injuries, witness accounts, or video footage. Successful self-defense arguments can lead to reduced charges, dismissals, or acquittals, depending on the strength of the evidence.

## Call Mark Diaz & Associates For Representation

If you are facing a domestic violence allegation in Galveston County, the decisions made in the early stages of your case can have lasting consequences. Mark Diaz & Associates represents individuals in Galveston and throughout Houston, Texas, who need strong, strategic defense in serious criminal matters.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or believe you may be, contact our [Galveston domestic violence defense lawyer](/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Domestic Violence Lawyer

---

### [Domestic Violence In Texas Questions And Answers](https://texascriminaljustice.com/domestic-violence-in-texas-questions-and-answers/)

**Published:** April 19, 2021
**Author:** Mark Diaz & Associates

**Content:**

**Galveston domestic violence defense attorney Mark Diaz answers questions on Domestic Violence in Texas**

## Do all domestic violence cases in Texas go to trial?

No, many domestic violence cases plead out, cases get dismissed, some cases do go to trial. Each case is fact-specific, but domestic violence cases are just like any other criminal charges, they can be disposed of in a number of ways.

## What happens to first-time domestic violence offenders in Texas?

![domestic violence in Texas](/wp-content/uploads/2021/04/domestic-violence-in-Texas-300x200.jpg "domestic violence in Texas | Mark Diaz & Associates")It’s kind of like what happens to a first-time offender of any sort. There are just too many broad answers. It would depend upon the severity of the case. Were there injuries involved? What are the complaining witnesses’ feelings about the case?

There are so many factors that go into it that I can’t say there’s a rubber stamp answer for what happens to first-time domestic violence offenders. Typically, with most misdemeanors, for people without a criminal history, there’s always deferred adjudication available. Which is a special type of probation that if you finish without incident, then the case is eventually dismissed, and you do not become convicted.

There’s a bit of nuance in family violence cases in that an affirmative finding of family violence will stay with you. An affirmative finding of violence does several things. One is it means that if you ever get charged with assault of a family member again, in the future, it can be charged as a felony because you’ve had a prior crime involving domestic violence.

Another one that we run into a lot is that it will affect your gun rights for five years. This is oftentimes a problem we have with men in particular, because they want to be able to hunt every season.

## Is choking someone, a felony in Texas?

Since all these questions were asked in the domestic violence context, family violence involving choking, yes, is a felony. However, if two guys get in a fight in the parking lot of a bar, and one of them chokes the other, that may not be a felony. Specifically, if it’s a family member, it is a felony. So since all these questions involve [domestic violence,](/?p=52852) choking someone in your family is indeed a felony.

## Can assault charges be dismissed?

Yes, they can be dismissed. It happens all the time. Sometimes we will present to the state a particular set of circumstances that would warrant dismissal. For instance, a man and woman have been married for a long time. Alcohol is involved, an argument occurs, and some sort of violence takes place. Then after the arrest when everyone calms down, no one’s mad anymore, no one had a criminal history. Sometimes in situations like that, we can convince the state to let our client take a domestic violence class, and then dismiss the charges. That is not uncommon.

## What is continuous violence against the family?

It is exactly what it sounds like. It is repeated acts of assault on a family member within a certain time period, and that makes it a felony. So you’re alleged to have committed several misdemeanor assaults against a family member, over a shorter period. They can cumulate those charges and make it one felony. Even though, each offense would be charged as a misdemeanor.

## What does domestic assault mean?

When we speak in terms of the penal code, it’s assault involving family violence. There is a definition, but the best way to simplify it is, it doesn’t have to be a legal or blood family relationship, it can be a girlfriend or an ex-girlfriend. I think what’s most common is spouses or partners involved in family violence. There has been the occasional case where we thought that family violence did not meet the circumstances, but the vast majority of times they do.

## Do domestic violence charges go away?

Sure they can. They can be dismissed. If you take a deferred and complete the deferred, you won’t be convicted. Now, if the question is, after a conviction, does it go away? The answer is no. So if you go to trial and the jury finds you guilty, that will be on your record, just like any other crime, for life.

## How do most domestic violence cases end?

I cannot give you a pattern as to how they end. We have cases currently, everything from the man and woman who had too much to drink and some silly argument led to minor violence, to severe cases of violence, to continuous violence against the family. The spectrum is so broad that I can’t say how most end. Most misdemeanor cases end without incarceration.

Most domestic violence offenders are people who are not constantly committing crimes. This is usually something that happens between people that love each other, or at one time loved each other. So it’s not a situation where someone’s out robbing banks.

## How do you fight a domestic violence charge?

That’s also very fact-specific. I have had a case in my career where a gentleman had married a woman from Russia and brought her here. She later accused him of assault, and through a lot of work, we were able to show that she never intended on following through with the marriage. She just needed him to get her here. When she got here, she was going to find a way to stay here, but not necessarily have to stay with him. That’s kind of what she did.

We were able to show that and eventually got that case dismissed. Each case is different, it would depend on your particular set of facts on how we would fight a particular charge. Jessica and Thomas tried one recently, where the complaining witness, the victim, her story had changed some seven times. So sometimes you don’t find out these things until you’re in trial. Sometimes it evolves. Sometimes, as I said earlier, we’re able to complete a set of terms and get a dismissal.

## Can the state prosecute without a victim?

So this is a really good question. The first thing that I have to tell people is, of course, the state can prosecute without a victim. Just like when there’s a murder, the decedent doesn’t come to testify, right?

Now, it gets much more complicated in a prosecution for assault, because the law says that you have the right to confront your accuser. In this case, the accuser is whoever is accusing you of an assault. So in a very broad answer, if you don’t have the right to confront your accuser, then the case could be dismissed against you.

There are exceptions to when the state can proceed forward without the victim. Such as, if circumstances warrant, let’s say the 911 call or police interaction, then that may come into evidence against the accused. So if the person who’s making the call and interacting with the police is showing sufficient emotion to meet certain legal requirements, the state may be able to put that into evidence without the complaining witness present.

The state also sometimes will try to bring in an expert to say why a victim is too afraid to testify. In all those situations, the attorney is going to be challenging that every step of the way. So it’s a complicated answer, yes, they can sometimes prosecute without a victim. Sometimes they can’t as it’s a violation of your right to confrontation. It gets tricky and fact-specific.

## How do you get out of a subpoena to testify?

I’ve had a lot of cases where subpoenas were not properly issued, but if you have been properly subpoenaed, then the court can issue a writ of attachment, which means if you refuse to come, you would be arrested and brought to court and held in jail until you did testify. That very rarely happens. So if you’ve been properly subpoenaed, there’s no real way for you to get out of it.

## What happens if a victim refuses to testify?

This happens a lot. It goes back to the violation of your confrontation rights. A lot of times, victims decide that they will not testify. The way this works is, every criminal case is brought as “the state of Texas against john doe”, it’s not “john doe’s wife against john doe”. It’s “the state of Texas versus john doe”. What happens is Jane Doe, the wife, is merely a witness for the state. So if the state does not have that witness, and does not meet some other criteria, they cannot proceed to prosecute against you.

## Does the prosecutor talk to the victim?

Yes, the state of Texas is supposed to talk to all its victims in all cases. Generally, at least locally, they will talk to the victim before they will even make us an offer. Sometimes when they cannot find a victim, depending upon how they feel about the case, they may resort to other measures.

Sometimes they’ll send out a letter and give the person a timeline, let’s say 10 days, to reach out before doing with the case what they see fit. If that’s not good enough for them, then they’ll send out an investigator to try to find this person and see if they can get this person to talk. Although yes, the prosecutor tries to talk to their victims in cases.

## What happens if you are subpoenaed and don’t want to testify?

You would need to tell that to the party that issued the subpoena. Hopefully, the state didn’t let it get to the point where the case is now set for trial, no one’s ever tried to reach out to you, and all of a sudden you get a subpoena. If that happens, on the subpoena, it always tells you who is issuing the subpoena and it’ll give you a way to contact that person. Usually, it’s a phone number, an email, or both. So you would want to reach out to the person who subpoenaed you and try to discuss that with them.

## Can a victim change their statement?

Yes, they can. It happens a lot. Sometimes, the change in the statement damages their credibility. Sometimes it doesn’t. Sometimes it can be explained, it just depends on what the change of the statement is. From my perspective, as the defense attorney, I’m always hoping that the change in statements is going to discredit that person as a witness. Though, of course, I have to take them the way they come. It’s case by case.

## Can a victim be a witness?

Yes, as I explained earlier, the case will be styled “the state of Texas versus the defendant”, and then the victim will be a witness for the state of Texas.

## Can a person be forced to testify in his or her own trial?

Absolutely not. This is something we go through in voir dire in every single jury trial. The defense attorney rarely recommends that the accused take the stand. Most of the reason is that we can’t control what goes on up there when you’re being cross-examined by the state.

We’re skilled litigators, I’ve been trying cases since 1998. So I can assure you that I’m much better at eliciting testimony from a non-lawyer than I would be another skilled lawyer. So most of the time, we don’t put our clients on the stand for that very reason. You’re going up against a pro who is trying to convict you. They’re going to try and get you to open the door to things that normally would not come into evidence, try and trip you up, make you look like you’re lying.

There is just a whole host of reasons why you would never want to testify. Of course, there is that occasional case with the occasional client where we think it is good for them to testify. I have had cases where we were on trial, and my client demanded to testify. I have to let him. It’s his right, but I have to stop the trial and put it on the record that he’s doing it against my advice.

I know what’s going to happen. I know it’s going to be bad. I don’t want to get blamed later on in appeal. So no, you can never be forced to testify, just like you cannot be forced to talk to the police or any investigators. You would always want the benefit of having your lawyer with you before you give any statements.

Our attorneys know Texas [domestic violence law](https://www.dps.texas.gov/crimereports/08/citCh5.pdf), if you are facing charges of domestic violence contact our [domestic violence lawyers in Galveston](/domestic-violence/) today at 409-515-6170

**Categories:** Domestic Violence

**Tags:** domestic violence, family violence

---

### [What Are Restrictions on Convicted Felons in Texas?](https://texascriminaljustice.com/what-are-restrictions-on-convicted-felons-in-texas/)

**Published:** December 11, 2024
**Author:** Mark Diaz & Associates

**Content:**

![felonies](https://texascriminaljustice.com/wp-content/uploads/2022/05/Diaz_felonies.jpg "felonies")Texas has some of the toughest criminal laws of all US states, so you can expect that the implications of a conviction for any offense will be harsh. Felonies, the most serious of the types of crimes, most definitely carry significant restrictions. The [Texas penal code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm#12.02) establishes three categories of misdemeanor offenses, as well as five degrees of felonies.

All crimes are assigned to a category, and there is even a “catch-all” class: Any statute that defines a felony without specifying a category will automatically be designated a state jail felony. Additional provisions of the code lay out the punishment, including the period of incarceration and fines.

However, to truly understand the restrictions on convicted felons in Texas, it is also important to learn about the consequences aside from a criminal sentence. These are the implications that follow you after serving your sentence. They are severe, and as such, your focus on defending felony charges and assessing strategies to avoid the harshest effects is imperative.

Retaining our [Galveston County felony criminal defense attorney](/) puts you in the best position to fight the allegations; a summary of the restrictions (as detailed below) after a felony conviction will demonstrate this point. If you’ve been charged with a felony in Texas call 409-515-6170 to set up a free consultation before it’s too late.

## Restrictions on Your Freedoms Due To Felony Conviction

One of the most profound effects for someone convicted of a felony is being incarcerated. With one exception described below, all Texas felonies are punishable by at least one year in prison. These correctional facilities are very different from jails, which house individuals awaiting trial and those convicted of misdemeanor offenses. Prison is long-term, with higher levels of security due to the fact that many inmates have been convicted of serious felonies.

Texas has multiple levels of felony crimes, and the punishment ranges are as follows:

- State Jail Felony is the exception mentioned above regarding incarceration, as a conviction carries no less than 180 days and up to 2 years in a state jail.
- A Third-Degree Felony is punishable by no less than 2 and up to 10 years of incarceration.
- For a conviction on Second-Degree Felony, you face no less than 2 and up to 20 years in prison.
- If convicted of a First-Degree Felony, you could be sentenced to life in prison or 5 to 99 years imprisonment depending on the charges.
- When a person is convicted of a Capital Felony, such as capital murder, the prosecutor has the option to seek the death penalty or life in prison without parole.

As you can see, Texas laws include a wide range of prison time after a felony conviction. The judge has some discretion in setting the details of a sentence, though some crimes require mandatory minimums. Other factors that may impact imprisonment include but are not limited to your criminal history, aggravating or mitigating circumstances, and use of a firearm in the commission of the crime.

## Implications for Your Finances From Felony Conviction

Though the financial side of a Texas felony conviction may not seem as serious as imprisonment, you might be surprised by how costs add up.

1. ***Fines:*** For a conviction of most felonies, the maximum fine is $10,000.
2. ***Court Costs:*** Certain expenses related to a criminal case have nothing to do with punishment, but the defendant will still be responsible for paying them. These fees are related to processing, such as: 
    - Amounts when a defendant is convicted or placed on community supervision
    - Costs for participating in special programs
    - Fees for release on bond
    - Costs paid to officers who serve arrests warrants
    - Jury fees
    - etc.
3. ***Restitution:*** In cases where a victim suffered financial losses because of the defendant’s criminal activity, the court will likely order reimbursement or restitution. Restitution is compensation to the victim, so it is separate from fines and court costs. Keep in mind that interest does accrue on unpaid amounts.

### Collateral Consequences of Felony Convictions

There are multiple implications that impact your life after a conviction, and these are separate from the fines, court costs, and felony prison time. These collateral consequences are established by Texas criminal statutes, administrative regulations, and state court rules – and their counterparts at the federal level.

Collateral consequences are a product of two factors, starting with the fact that you have a felony conviction on your permanent criminal record. The details of your case will turn up on any background check. The second consideration is the various circumstances under which you may need to disclose your criminal record. In most situations, you will be required to provide statements under oath or otherwise swear that the information is true and correct.

When convicted of a felony in Texas, some of the collateral consequences may include:

- Termination from employment and difficulties finding a job
- Revocation or suspension of a professional license
- Revocation or suspension of a license you hold for your business
- Disqualification from running for elected office
- Loss of voting rights
- Driver’s license suspension or revocation
- Disqualification from holding a Commercial Driver’s License (CDL)
- Ineligible for government benefits, including nutritional assistance programs, public housing
- Being required to register as a sex offender
- Not eligible for certain loans, including student loans
- Implications for your Second Amendment rights

Also, keep in mind that a[ felony conviction has consequences](/texas-sex-offender-registration-a-life-long-consequence-of-many-convictions/) if you are arrested in the future, for either a misdemeanor or felony. Your criminal history is important when it comes to sentencing, so a prior felony conviction could mean higher fines but more importantly, a long prison term. Your history could also impact whether a judge will allow you to be released on bond pending your trial date, as well as the bail amount.

### What Professional License Can A Convicted Felon Get In Texas?

Unfortunately, the majority of professional licenses are not available to convicted felons unless you are able to get your record expunged. The majority of good-paying professional careers such as those in the medical, legal, and financial fields, including insurance, require an official license. Other fields such as real estate, pharmacology, and even cosmetology, require professional licensing which is not available to felons.

One high-paying career that a felon can get a professional license for is truck driving. You will have to attend a truck driving school and get your CDL. It’s probably wise to stay away from larger truck-driving companies and stick to small to mid-size. Many are open to hiring a convicted felon provided you only have one and have been released for 5-7 years.

Alternatively, there are numerous careers that a felon can make a good living from without a professional license, including:

- Mobile App Developer
- Web Designer
- Video Editor
- Professional Writer
- Network Systems Administrator
- Wind Turbine Technician
- Electrician
- Plumber

The careers above are just a few. For more, see “[34 Jobs For Felons That Offer A Good Second Chance](https://www.trade-schools.net/articles/jobs-for-felons).”

### Defending Felony Charges in Texas

Knowing the harsh implications ranging from incarceration to economic implications to collateral consequences, a solid defense strategy is critical. Things may seem grim when you are arrested for a felony, but police only need probable cause to arrest you. The burden for the government is much higher for a conviction in a criminal case, in which the prosecutor needs to prove guilt beyond a reasonable doubt.

Your Texas felony criminal defense attorney may also pursue other defense options and strategies depending on the details of your case. Examples include:

- Unlawful search and seizure by police, which requires all illegally obtained evidence to be tossed out of court
- Lack of intent or knowledge, when these factors are an essential element of the offense
- Self-defense or defense of others
- Expiration of the statute of limitations for a particular crime;
- Entrapment by law enforcement officers

### What to do if Arrested on Felony Charges

Your first priority after being charged with a felony should be consulting with a Texas felony criminal defense attorney. Talking to a lawyer is one of the basic rights read to you in the familiar Miranda warnings, so take advantage of this opportunity right away. In addition, during the encounter with police and thereafter, some tips include:

- Do not resist arrest, make verbal threats, or get physical with officers. You will make your situation worse and likely end up facing additional charges.
- Never make statements to law enforcement, such as saying you are innocent, blaming someone else, or explaining your actions. Your constitutional protections include the right to remain silent and you should exercise them.
- Do not answer questions asked by police for the same reason. You could inadvertently say something that could be used against you in court. The less you say, the less likely you are to give the government something to use against you later.
- When you appear in court, be respectful to the judge and all court officers.

### Options for Post-Conviction Relief

It is worthwhile to note that some restrictions on convicted felons in Texas can be avoided through post-conviction options. You may qualify to have your record expunged, but eligibility for this remedy is limited. If you were already convicted, you will likely not qualify for an expunction unless you first receive a pardon from the Texas Governor or President of the United States. Those who are successful with the expunction process have the records of a felony conviction deleted and removed from their record, so you do not have to disclose the details and they will not show up in a background check.

## Frequently Asked Questions About Restrictions On Convicted Felons In Texas

### Can a convicted felon vote in Texas?

In Texas, convicted felons lose their right to vote while they are incarcerated, on parole, or on probation. Voting rights are automatically restored upon completion of their sentence, including parole and probation.

### Can a convicted felon own a firearm in Texas?

No, convicted felons are prohibited from owning firearms under both Texas and federal law. This includes handguns, rifles, and shotguns.

### Are there restrictions on professional licenses for convicted felons?

Yes, many professional licenses require a background check, and a felony conviction can disqualify an individual from obtaining certain licenses. However, some licenses may be granted on a case-by-case basis.

### Can a convicted felon obtain a driver’s license in Texas?

Yes, convicted felons can obtain a driver’s license, but they may be subject to certain restrictions, such as needing to obtain an occupational driver’s license if their regular license is suspended.

### Can a convicted felon apply for public assistance programs?

Convicted felons may face restrictions when applying for public assistance programs, but eligibility can vary depending on the specific program and the nature of the felony.

### Can a convicted felon travel internationally?

Traveling internationally can be more complicated for convicted felons. Some countries may deny entry to individuals with a criminal record, and a felony conviction can affect visa applications.

### Can a convicted felon live in public housing?

Public housing authorities have the discretion to deny housing to individuals with a criminal record, but policies can vary. Some housing authorities may consider the nature of the offense and the time elapsed since the conviction.

### Can a convicted felon get their criminal record expunged in Texas?

Expunction is not available for most felony convictions in Texas. However, individuals may qualify for an order of nondisclosure, which seals the record from public view but does not completely erase it.

### What resources are available for convicted felons re-entering society?

There are various re-entry programs and resources available to help convicted felons reintegrate into society, including job training, housing assistance, and legal aid.

### Can a convicted felon run for public office in Texas?

Yes, convicted felons can run for public office in Texas, but they must meet the same qualifications as any other candidate, including any residency and age requirements.

## Contact Our Galveston County Felony Criminal Defense Attorney ASAP

It is helpful to review some background information on the restrictions of convicted felons in Texas, but a knowledgeable lawyer can provide customized legal advice. Besides incarceration and fines, the collateral consequences can have a profound impact on your life.

Our [Galveston County felony defense lawyers ](/)at Mark Diaz & Associates are prepared to explore possible defenses to felony charges, but we are also committed to pursuing all strategies to achieve a favorable outcome. To learn more about how criminal defense attorney Mark Diaz can assist with your case, please call 409-515-6170 to set up a free consultation.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 12/11/2024)

**Categories:** Criminal defense attorney

**Tags:** felonies, felons

---

### [What are the Penalties for Possession of a Controlled Substance in Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-possession-of-a-controlled-substance-in-texas/)

**Published:** October 28, 2024
**Author:** Mark Diaz & Associates

**Content:**

![Mark Diaz – 1 – What are the Penalties for Possession of a Controlled Substance in Texas_June2020](https://texascriminaljustice.com/wp-content/uploads/2020/06/Mark-Diaz-1-What-are-the-Penalties-for-Possession-of-a-Controlled-Substance-in-Texas_June2020-1.jpg "Mark Diaz – 1 – What are the Penalties for Possession of a Controlled Substance in Texas_June2020")Drug possession is a serious offense in Texas so penalties for possession of a controlled substance can be severe. Under state law ([Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/pdf/HS.481.pdf), Health & Safety Code, and Texas Penal Code), a conviction, and sometimes even just an arrest, for possession of a controlled substance is subject to strict criminal penalties. So, what exactly are the penalties for drug possession in Texas? The short answer is that they vary widely — with the two most important factors being what the specific substance is classified as and the amount of that substance someone is accused of being in possession of.

Texas law classifies controlled substances in one of four penalty groups. The penalty groups are numbered from 1 to 4. Generally, the severity of the substance and the criminal charge starts at penalty group 1 and goes all the way up to penalty group 4, decreasing in severity as the penalty group increases. Nonetheless, every charge and case is unique. So, no matter which penalty group the controlled substance falls under, the consequences will be steep.

The next important factor has to do with the weight of the controlled substance. With weight, the issue is the same regardless of which group the controlled substance falls under. Texas law dictates the level of the offense based on how much of the controlled substance is at issue. As you may have guessed, the offense’s severity is dependent on how much the controlled substance weighs.

Here, our Galveston drug possession defense lawyers provide a brief overview of the penalties for possession in Texas.

## Drug Possession in Texas: An Overview of the Penalty Groups

## Penalty Group 1:

The drugs included in Penalty Group 1 are the most heavily regulated in Texas. Essentially, this group includes substances deemed to be the most dangerous and addictive. Some notable examples of drugs included in Penalty Group 1 are:

- Opioids (which includes painkillers like codeine, hydrocodone, and oxycodone);
- Heroin;
- Cocaine;
- Methamphetamine;
- LSD; and
- Ketamine

WeightClassification for PossessionPenalty for Possession<1GState Jail Felony6 months to 2 years in a state jail & possible fine not to exceed $10,0001-4G3rd Degree Felony2 to 10 years in. prison & possible fine not to exceed $10,0004-200G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000200-400G1st Degree Felony5 to 99 years in prison & possible fine not to exceed $10,000>400GEnhanced Felony 110 to 99 years in prison & fine not to exceed $100,000## Penalty Group 2:

In Texas, Penalty Group 2 drugs are slightly less dangerous than Penalty Group 1 substances. Generally, this grouping is made up of some common hallucinogenic drugs, including:

- Ecstasy (MDMA);
- PCP;
- Psychedelic mushrooms; and
- Amphetamines

WeightClassification for PossessionPenalty for Possession<1GState Jail Felony6 months to 2 years in a state jail & possible fine not to exceed $10,0001-4G3rd Degree Felony2 to 10 years in. prison & possible fine not to exceed $10,0004-400G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000>400G1st Degree Felony5 to 99 years in prison & fine not to exceed $50,000## Penalty Group 3:

Penalty Group 3 includes many controlled substances that have a depressive or stimulant effect. For example, this grouping includes:

- Benzodiazepines;
- Anabolic steroids;
- Valium; and
- Methylphenidate (also known as Ritalin)

WeightClassification for PossessionPenalty for Possession<28GClass A MisdemeanorUp to 1 year in county jail & a fine not to exceed $4,00028-200G3rd Degree Felony2 to 10 years in. prison & possible fine not to exceed $10,000200-400G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000>400G1st Degree Felony5 to 99 years in prison & fine not to exceed $50,000## Penalty Group 4:

Finally, Penalty Group 4 is made up of a wide range of other controlled prescription medications, which carry the potential for abuse. For instance, many opioid derivatives covered by Penalty Group 1 are included in this group.

WeightClassification for PossessionPenalty for Possession<28GClass B MisdemeanorUp to 6 months in county jail & a fine not to exceed $2,00028-200G3rd Degree Felony2 to 10 years in. prison & possible fine not to exceed $10,000200-400G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000>400G1st Degree Felony5 to 99 years in prison & fine not to exceed $50,000## Special Category: Marijuana

For several different reasons, marijuana is handled as its own distinct category apart from the above-mentioned four penalty groups. Generally, possession of a small amount of marijuana will be charged as a misdemeanor in Texas. Please know that Texas is strict when it comes to marijuana possession. Unlike the trend being set by many other states when it comes to the legalization and decriminalization of marijuana, Texas has yet to follow suit. Unlike many other jurisdictions, prosecutors still pursue criminal [drug possession charges](/how-harsh-are-drug-charges-for-minors-in-texas/) for marijuana in Texas in many cases.

## Frequently Asked Questions On Possession Of A Controlled Substance In Texas

### What Does “Possession” Mean in Texas?

Under Texas law, possession refers to having actual care, custody, control, or management of a controlled substance. This can include having the substance on your person or in a place where you have control over it.

### What Are the Penalties for Possession of a Controlled Substance?

The penalties vary depending on the type and amount of the substance. For example, possession of less than a gram of a Group 1 or 2 substance (e.g., cocaine, methamphetamine) is a state jail felony, which can result in up to 2 years in state jail and a fine of up to $10,000. Possession of larger amounts or more dangerous substances can lead to more severe penalties, including longer prison sentences and higher fines.

### What Are the Penalty Groups for Controlled Substances?

Texas law categorizes controlled substances into six penalty groups, with Penalty Groups 1, 1-A, 2, and 2-A carrying the most severe punishments. The penalties depend on the substance’s danger level and the quantity possessed.

### Can I Be Charged with Possession Even if the Drugs Aren’t Mine?

Yes, you can be charged with possession even if the drugs belong to someone else, as long as you had control over them or knew they were present.

### What Should I Do If I’m Arrested for Possession?

It’s important to exercise your right to remain silent and contact a criminal defense attorney as soon as possible. An experienced attorney can help protect your rights and build a strong defense.

### Can I Get Probation for a First-Time Offense?

It’s possible to receive probation for a first-time offense, but it depends on the circumstances and the judge’s discretion. Probation typically includes conditions like regular drug testing, community service, and attending counseling.

### How Can a Drug Crimes Attorney Help Me?

A drug crimes attorney can examine the details of your case, look for any violations of your rights during the arrest process, and develop a strategic defense to achieve the best possible outcome.

## Call Our Galveston Texas Drug Possession Defense Lawyer Today At (409) 515-6170

Mark A. Diaz is an experienced Texas [drug possession defense attorney in Galveston County](/drug-possession/). If you or your family member was charged with possessing a drug/controlled substance, we are here to help. For a fully private, no-obligation consultation with a top criminal defense attorney, please [contact our law firm](/contact/) now. From our location in [Galveston](https://www.galvestoncountytx.gov/), we serve clients all over Southeast Texas, including [Texas City](https://www.texascitytx.gov/), [League City](https://www.leaguecitytx.gov/), [Santa Fe](https://www.ci.santa-fe.tx.us/), [Friendswood](https://www.ci.friendswood.tx.us/), Dickinson, Pearland, and Webster.

(Updated 10/28/2024)

**Categories:** Controlled Substance

**Tags:** Penalties for Possession of a Controlled Substance

---

### [Choosing the Right Texas Criminal Defense Lawyer Can Make All The Difference. Here’s What to Look For.](https://texascriminaljustice.com/choosing-the-right-texas-criminal-defense-lawyer-can-make-all-the-difference-heres-what-to-look-for/)

**Published:** March 29, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

### Choosing the Right Texas Criminal Defense Lawyer

#### Experience, Cost, and Results

When you are caught up in the [Texas criminal justice system](https://www.tdcj.texas.gov/), you’re faced with many choices that can impact the course of your ordeal: Should I speak with the police? How should I plead? Should I negotiate with prosecutors? Should I take the stand in my own defense? Each one of these choices is significant, but more than any other, your choice of a Texas criminal defense lawyer can make the biggest difference as to whether you regain your life or face the loss of your reputation, career, or freedom.

Years of experience handling cases like yours, legal fees charged, and reputation for favorable results are all key factors in choosing the right lawyer to defend your case. Make sure the lawyer you hire to represent you is known for aggressively defending clients, successfully obtaining acquittals and withdrawals of criminal charges, and negotiating reasonable plea bargains.

Questions you should always ask when looking for a Texas criminal defense lawyer are:

1. How long have you practiced criminal law in Texas?
2. Is your practice primarily focused on criminal defense?
3. How many people have you represented with cases like mine?
4. In how many cases like mine have you achieved favorable results?
5. Will you personally handle my case or will someone else in your office work on it?
6. How much will you charge to represent me?
7. Do you offer payment plans?
8. How long does it usually take to defend a case like this one?

#### How Do I Find a Good Texas Criminal Defense Lawyer?

Professional reputation as well as feeling comfortable with a lawyer should be the primary factors one looks at when [selecting a lawyer to defend your criminal case](/how-to-help-your-attorney-win-your-criminal-case/). One of the best ways to identify a lawyer with a strong reputation for getting favorable results is to ask your network, including your social media network, for referrals. The best referral source is someone who has been in a similar situation and had a successful case outcome. Another way to find the right lawyer for your case is through Internet research. Membership and participation in professional and bar associations is also a good indicator of a solid reputation as a criminal lawyer.

#### Personal Qualities of a Criminal Defense Lawyer Are Also Important

Great criminal defense lawyers have a solid knowledge of both Texas and federal criminal law and procedure, understand the nuances of the local court system, and are familiar with the likely approaches and strategies of local prosecutors. Additionally, the best defense lawyers possess the following qualities:

1. Tenacity and aggressiveness
2. Fair-dealing
3. Ability to explain case options in plain language
4. Willingness to challenge authority
5. Problem-solving skills
6. Compassion
7. Patience and accessibility
8. Non-judgmental
9. Passion for justice

By hiring a criminal defense lawyer possessing these personal qualities, you are more likely to obtain a successful outcome in your criminal case.

#### Mark Diaz: Aggressive and Affordable Houston/Galveston Criminal Defense Lawyer

I’m [Texas criminal defense lawyer Mark Diaz](/), and if you are looking for a criminal defense lawyer in the Houston/Galveston area who combines the professional and personal qualities you need to give you the best chance of reclaiming your life, please give me a call. Criminal defense is all I do, and in over 15 years of practice, I have handled every type of criminal case out there. Whether you are facing a minor misdemeanor or a first-degree felony, I have the skills necessary to protect your rights. You don’t have to face the courts alone. Depending on the type of charges filed against you, I can petition the court to suppress evidence, exclude testimony, and even dismiss the charges altogether.

Whereas some other attorneys may try to avoid court at any cost, I truly enjoy litigation and the opportunity to vindicate my clients. If your case requires a full trial, I will not hesitate to see it through. Call me for a free consultation today at [(409) 515-6170](tel:+14095156170).

**Categories:** General

**Tags:** Choosing, Criminal Defense, lawyer

---

### [Leaving the Past Behind: Non-Disclosure of Criminal Records And Expunction in Texas](https://texascriminaljustice.com/leaving-the-past-behind-expunction-and-non-disclosure-of-criminal-records-in-texas/)

**Published:** May 10, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Every day in Texas, citizens with criminal records are denied employment because of their criminal history. According to a recent study, 88% of employers conduct criminal background checks on applicants. Even misdemeanor convictions for acts as minor as petty theft or vandalism can cause a current or potential employer to pass you over for a job opportunity or promotion. In many instances, you may not even be aware that your criminal record was the reason for the job rejection.

If you are a Texan facing this problem, the law may provide a way to remove past mistakes from your record or at least keep those mistakes from being disclosed to potential employers and others.

#### Expunction in Texas

An **expunction** (often called “expungement”) permanently erases an offense from your criminal record so that no one will ever be able to find out that you were charged with the offense—that includes police officers, prosecutors, or the court itself.

An expunction in Texas may available, but not guaranteed, for the following:

- An arrest for a crime that was never charged;
- A criminal charge that was ultimately dismissed;
- Certain juvenile misdemeanor offenses;
- Certain alcohol offenses involving a minor;
- Failure to attend school;
- Arrest, charge, and/or conviction on a person’s record due to identity theft by another individual;
- Conviction of a crime that was later acquitted by either a trial court or the court of appeals;
- Conviction of a crime that was later pardoned by either the governor of Texas or the President of the United States.

[Texas does not have an automatic process for the expunction of records](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm). You will be required to file a Petition for Expunction in a Texas District Court. Additionally, there are specific waiting-period requirements that preclude you from receiving an expunction until a certain amount of time has passed since your conviction.

Given that expunction in Texas is far from guaranteed and that there are a number of bases for a Petition for Expunction to be denied, it’s important to consult with an experienced Texas criminal defense lawyer to determine your eligibility and assist you with the process.

#### Order of Non-Disclosure

An Order of Non-disclosure prevents a clerk of the court from disclosing the presence of an offense to others, including employers, but the conviction and related information stays on your record and is available to law enforcement, government agencies, and other authorities.

A petition for non-disclosure is only available to those who have successfully completed deferred adjudication probation. A person who has positively completed deferred adjudication probation for a class C misdemeanor, a class B misdemeanor, a class A misdemeanor, or a felony, may (depending on the criminal offense committed) be able to ask the judge of the court of original jurisdiction that put him/her on deferred adjudication to sign an “order of nondisclosure” prohibiting governmental agencies from disclosing the existence of the charge or the deferred adjudication sentence.

A person who completes deferred adjudication probation and who succeeds on a petition for non-disclosure can have the offense record sealed.

Both expunction and non-disclosure offer opportunities for eligible individuals to move beyond their past mistakes and increase their chances of a brighter future. Contact a Texas criminal defense lawyer who can help you build that future.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an [experienced lawyer who focuses exclusively on defending criminal cases](/) and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case, and have assisted many clients with expunction and non-disclosure. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at (409) 515-6170 for a free consultation to discuss your case.

**Categories:** General

**Tags:** expungement, order of non-disclosure

---

### [U.S. Supreme Court: If You’ve Been Arrested, Police Cannot Search Your Phone Without a Warrant](https://texascriminaljustice.com/u-s-supreme-court-if-youve-been-arrested-police-cannot-search-your-phone-without-a-warrant/)

**Published:** June 2, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Given that 90% of Americans now carry cell phones, it is likely that the overwhelming majority of the 12 million people arrested in the U.S. every year have their phones on them at the time of their arrest. If you find yourself in that situation, the U.S. Supreme Court recently held that the police cannot search the contents of your cell phone or smartphone without first obtaining a warrant. In *Riley v. California*, the Court unanimously held that such warrantless searches violated the “unreasonable search and seizure” provisions of the Fourth Amendment.

 The Court had previously held that police had a right to conduct warrantless searches of suspects in custody for safety reasons and to prevent the destruction of evidence. However, in *Riley*, which was decided on June 25th, the Court held that these rationales do not extend to cell phones.

 Safety does not justify a search of the phone’s contents because “once an officer has secured a phone and eliminated any potential physical threats…, data on the phone can endanger no one,” wrote Chief Justice John Roberts on behalf of the Court. As to the possible destruction of evidence that may be on the phone, Roberts said that such a circumstance was remote, and the police could easily address concerns such as remote wiping by turning off a phone or removing its battery.

 In the decision, the Court acknowledged the central role our phones have come to have in our lives, noting that they are “such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.” Roberts wrote that our phones contain “a digital record of nearly every aspect of \[our\] lives – from the mundane to the intimate.”

 Roberts put the decision in the context of the historical origins of the Fourth Amendment, which was a reaction to British forces indiscriminately rummaging through homes, papers, and other items in search of information, Roberts concluded that “the fact that technology now allows an individual to hold such information in the palm of his hand does not make the information any less worthy of the protection for which the founders fought.”

 This was indeed an important decision; I have had cell phone evidence come into play in various cases. The most important thing to remember though is that this decision means nothing if you give the police consent to look at your phone. Never give consent to a search, and protect your Fourth Amendment rights.

#### Mark Diaz – Experienced Texas Criminal Defense Lawyer

 When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of [criminal defense](/) case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at (409) 515-6170 for a free consultation to discuss your case.

**Categories:** General

**Tags:** U.S. Supreme Court, warrantless searches

---

### [You Are Entitled to a Public Defender. Why You Should Hire a Private Texas Criminal Defense Attorney Instead](https://texascriminaljustice.com/you-are-entitled-to-a-public-defender-why-you-should-hire-a-private-texas-criminal-defense-attorney-instead/)

**Published:** June 25, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

The constitutions of the United States and the state of Texas provide that if you can’t afford a defense attorney when facing criminal charges, you are entitled to an attorney at no cost to yourself at every stage of a criminal proceeding. Attorneys that are appointed to represent you under those circumstances are referred to as “Public Defenders.”

 If you are facing criminal charges and are afforded the opportunity to have a lawyer defend you against those charges for free, you may wonder why you should or would choose a private Texas defense attorney to represent you instead. After all, retaining a private defense lawyer will cost you some money, and in serious felony or complex cases that proceed all the way through trial, the attorney’s fees can be significant.

#### Remember What’s at Stake

 But when considering the potential costs of a private defense lawyer, you need to take a long hard look at what’s at stake. Being charged with a criminal offense may result in the loss of your freedom for an extended period of time. Try calculating the dollar value of a year of your life spent incarcerated, away from your family and friends. What is the price of five, 10, or 20 years behind bars, or the stigma of a criminal conviction that can destroy your career, your reputation, and your relationships?

 Even if fines are all that you may be facing, a criminal conviction and record can have long-term consequences on multiple aspects of your life – your ability to get a job, obtain student loans, or even remain in the country, just to name a few. When you consider all that hangs in the balance, selecting your attorney on the basis of cost alone can be the clearest example of the old adage “penny wise and pound foolish.”

#### Overworked and Underfunded

 This is not to say that public defenders are incompetent or subpar. Most public defenders are committed and competent attorneys who make every effort to obtain a positive result for the clients they are assigned. However, public defenders are often overloaded with cases; they may be working on up to 100 other cases in addition to yours. Underfunding of public defender’s offices not only leads to this difficult burden but it also often leaves public defenders without the resources they need to mount a truly effective defense.

 Given this case overload, you may have difficulty speaking with your attorney outside of court settings, and important information that you need to pass along may not reach your attorney. That lack of attention and time means that your defense may not get the attention it needs and deserves. The overwhelming number of cases may also create pressures to resolve cases quickly through plea bargains in situations where taking a matter to trial or taking a more aggressive approach may better suit your situation.

 Contrast this with a private Texas criminal defense attorney who has control over how many cases he takes at a given time to ensure that each client can get the attention and care they need and deserve. A good private criminal defense attorney will make himself available whenever you need him and will have the resources and commitment to make sure you have the best chance of a positive result that allows you to move on with your life. Finally, a truly exceptional defense lawyer who is dedicated to your future will work with you to make your defense as affordable and accessible as possible.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced [criminal defense lawyer](/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at (409) 515-6170 for a free consultation to discuss your case.

**Categories:** General

**Tags:** criminal defense lawyer

---

### [False Confessions by Juveniles: New Study Proposes Changes to Prevent Grave Injustices](https://texascriminaljustice.com/false-confessions-by-juveniles-new-study-proposes-changes-to-prevent-grave-injustices/)

**Published:** July 17, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Earlier this year, [Daniel Villegas of El Paso was released after 18 years in prison](http://www.texasmonthly.com/story/how-get-teenager-admit-murder-he-didn%E2%80%99t-commit). Villegas lost almost two decades of his life after being convicted of two murders he did not commit; a conviction that was based largely on a false confession he made when he was 16 years old. He made that confession after hours of abusive and aggressive police interrogation tactics that left him psychologically battered and during which time he never spoke to an attorney or even his parents.

 Sadly, stories like Villegas’ are all too common, in Texas and across the country. Wrongful convictions of juveniles based largely if not exclusively on false confessions are an epidemic. In a 2005 study of 340 exonerations, researchers found that juvenile exonerees were three times as likely as adults to have given a false confession. An analysis of exonerations from 1989 to 2004 found that 42 percent of exonerations of juveniles involved false confessions at the time of the crime, compared with 13 percent of false confessions involved in adult exonerations. The analysis also found that among 12-15 year-olds, 69 percent confessed to homicides and rapes that they did not commit.

#### Vulnerable Teenagers

“Teenagers are good at making bad decisions.” This fairly obvious point was recently made by Todd Warner, a Ph.D. candidate in psychology at the University of Virginia. The bad decisions Warner was specifically referring to are the choices made by juveniles who find themselves facing the kind of intimidating or manipulative interrogations that police regularly use on adult suspects to elicit incriminating information or, as is way too often the case, coerce false confessions.

The nature of the teenage mind – impressionable, vulnerable, suggestible to authority figures, and more likely to value short-term gain over long-term consequences – is a primary reason for this increased rate of false or coerced confessions among juveniles. Notwithstanding the developmental differences between adults and juveniles and the vulnerabilities of young people facing harsh interrogations, a study Warner recently conducted found that the vast majority of police reported using the same interrogation techniques they use on adults with juveniles in their custody. He also found that only about 20 percent of police officers receive any training regarding adolescent development and less than half receive training on how to assess a young suspect’s comprehension of their *Miranda* rights.

#### Lack of Understanding of Miranda Rights

In fact, a lack of understanding as to their rights has led to about 90 percent of teenagers waiving their *Miranda* rights according to a separate study. This can of course have devastating consequences for the juvenile. Luckily, Texas has some [enhanced protections](http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.51.htm#51.095) for juveniles as to any waiver of their constitutional rights during custodial interrogations (Tex. Fam. Code Ann, 51.09; 51.095) but this is hardly enough to prevent police from engaging in the techniques that lead to so many false confessions.

#### Recommendations to Reduce Number of False Juvenile Confessions

The interrogation techniques used by police as to juveniles in their custody need to be changed and better training needs to be provided, according to Warner’s study. Among his recommendations:

- Officers should receive training in adolescent brain development to gain a better understanding of how they think and rationalize differently from adults.
- They should not use fabricated evidence or other forms of deceit to capitalize on the vulnerabilities of the developing brain.
- All interrogations should be videotaped to protect the integrity of the evidence. (Texas does *not* require that interrogations be recorded. Confessions are usually taped, but not the questioning that leads up to them.)
- Current lie-detection techniques should not be used because many studies show that attempts to determine whether someone is lying based on eye contact and body language are wrong half the time. “Other methods work better,” Warner said, “such as using techniques that increase cognitive load, including having a suspect tell what happened in reverse order.”

 False confessions that are the result of abuse and intimidation are a travesty whether the victims are juveniles or adults. Given the increased risks to youths suffering such injustices, it is important that Texas law enforcement and our justice system make every effort to ensure that the kind of tragedy that befell Daniel Villegas doesn’t happen to one more kid.

#### Mark Diaz – Experienced Texas Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced [criminal defense lawyer](/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

**Tags:** false confessions

---

### [Entrapment as a Defense in Texas: When Being “Set Up” Goes Too Far](https://texascriminaljustice.com/entrapment-as-a-defense-in-texas-when-being-set-up-goes-too-far/)

**Published:** July 31, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

It is a staple of movies and TV shows: the police undercover operation or “sting.” From “To Catch a Predator” to “American Hustle,” we see law enforcement actively creating scenarios designed to catch a perpetrator in the act of committing a crime. Law enforcement officials throughout Texas regularly conduct undercover operations geared toward arresting “johns” in prostitution cases, online predators seeking sex from underage girls, drug dealers, and many other potential criminal defendants. When a defendant is arrested and charged as a result of a police “sting,” the cry of “I was set up!!” is usually heard.

Just being “set up” will not get you out of your predicament if you are arrested; police and law enforcement are given significant leeway to conduct undercover operations where they actively create or participate in scenarios designed to get a suspect to commit a criminal act.

However, these operations can and do sometimes cross the line between presenting a defendant with an opportunity to commit a crime and actively coercing an individual to commit a crime. When that happens, the defense of “entrapment” may be effective in fighting the charges arising from such police overreach.

#### Texas Penal Code Definition of “Entrapment”

“Entrapment” is specifically identified as a defense in the Texas Penal Code. Sec. 8.06 of the Penal Code provides that:

- *It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.*

An important limitation to the defense is set forth in the second part of this code section:

- *Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.*

#### The “Objective Test”

When evaluating an entrapment defense, courts in many states use what is called a “subjective test” that focuses on the defendant’s state of mind and whether the criminal intent originated with the defendant or with the police. Texas courts, however, use an “objective test.” This test focuses on the actions of law enforcement rather than the state of mind of the defendant.

Under the objective entrapment test, a judge or jury, having once determined that there was an inducement to commit a crime, may only consider the nature of the law enforcement activity involved, without reference to the predisposition of the particular defendant. As one court framed it, the key question in an entrapment defense is:

*“whether \[defendant\] was induced to engage in the penal conduct alleged through persuasion or other means likely to cause persons to commit the offenses or was merely afforded an opportunity to commit them.”*

*Rodriguez v. State,* 662 S.W.2d 352 (1984)

Using the objective standard, prohibited police conduct usually includes, but is not limited to, matters such as extreme pleas of desperate illness in drug cases, appeals based primarily on sympathy, pity or close personal friendship, offers of inordinate sums of money, and other methods of persuasion which are likely to cause the otherwise unwilling person— rather than the ready, willing and anxious person—to commit an offense.

It is important to understand that courts will give police fairly wide discretion to conduct undercover operations, and being “set-up” in the sense of active police participation alone won’t necessarily get you a successful entrapment defense. In each individual case, the effectiveness of the defense will turn on the details of the police actions during the operation and an evaluation of whether “opportunity” or “persuasion” was the dominant characteristic of the interactions between the police and the defendant.

If you’ve been charged with a crime arising out of a police undercover operation, it is important that you meet with an experienced Texas criminal defense attorney who can help determine whether or not the authorities overstepped their bounds.

#### Mark Diaz – Experienced Texas Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced criminal defense lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** Criminal Defense Lawyer

**Tags:** entrapment

---

### [New Texas Criminal Laws Take Effect September 1st](https://texascriminaljustice.com/new-texas-criminal-laws-take-effect-september-1st/)

**Published:** August 10, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

A number of new criminal laws that were passed by the Texas legislature and signed by Governor Perry take effect on September 1st, 2014. These laws address a number of issues from drugs to sex crimes, establishing new offenses and imposing stiffer penalties. Here are a few of the changes to Texas criminal law:

#### “Bath Salts” and “K2”

Synthetic compounds deceptively labeled as “bath salts” and synthetic marijuana products (K2 or spice) have been added to Penalty Group 2 of the Texas Controlled Substances Act. (HB 2118, SB 331). Penalty Group 2 also includes substances such as Ecstasy, PCP, magic mushrooms, and mescaline. Bath salts contain dangerous stimulants, and K2 mimics the effects of marijuana. Both have been sold in convenience stores and head shops, and have side effects that can be harmful and long-lasting.Additionally, HB 124 adds Salvia divinorum (unless unharvested and growing in its natural state) – including all parts of the plant, seeds and extracts from a part of the plant – to Penalty Group 3 of the Texas Controlled Substances Act.

#### “Sexting”

The electronic transmission or possession of visual material depicting a minor engaging in sexual conduct (“sexting”) has been added as an offense in the Penal Code. The penalty can range from a Class C misdemeanor to Class A misdemeanor, depending on the circumstances. This does not apply to minors involved in a dating relationship or spouses. (SB 407)

#### Duties After a Serious Car Accident.

Two new laws impose new duties and penalties involving car accidents that result in serious injury or death.

HB 3668 amends the current law to require the operator of a vehicle involved in an accident that results or is reasonably likely to result in the injury or death of a person to immediately determine whether a person is involved in the accident, and if so, whether the person requires aid, in addition to other existing statutory requirements.

SB 275 increases the penalty for leaving the scene of a motor vehicle accident resulting in the death of a person and failing to render aid from a third-degree felony to a second-degree felony. A second degree felony carries a punishment of two to 20 years in prison and an optional fine not to exceed $10,000, whereas a third degree felony carries a penalty of two to 10 years in prison and an optional fine not to exceed $10,000.

#### False Police Reports Involving Schools.

HB 1284 increases the penalty for the offense of initiating, communicating or circulating a false report of an emergency (such as a bomb threat) involving an institution of higher education from a Class A misdemeanor to a state jail felony.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

---

### [Texas Sex Offender Registration: A Life-long Consequence of Many Convictions](https://texascriminaljustice.com/texas-sex-offender-registration-a-life-long-consequence-of-many-convictions/)

**Published:** August 20, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

In June of this year, the national conference of RSOL met in Dallas. RSOL stands for Reform Sex Offender Laws, and the participants from across the country were there to push for changes in sex offender registry laws which they argue do not make the public safer while at the same time imposing burdens on offenders who have served their time but can’t move on with their lives because of the stigma of being on the registry.

In Texas, almost 80,000 people are on the state’s sex offender registry. When the registry first started out, it was designed and focused on child predators. After 9-year-old Jessica Lunsford of Florida was sexually assaulted and killed by a sex offender, Texas was one of many states that began enacting sweeping “Jessica’s Laws” that generally included mandatory minimum sentences and prohibiting sex offenders from living with 2,000 feet of schools and playgrounds. Texas, however, started its sex offender registration program in 1991.

#### Offenses Requiring Registration on the Sex Offender Registry

Over the years the number of offenses that required registration on Texas’ sex offender registry has grown and now includes a “reportable conviction or adjudication” on a large number of charges. A “reportable conviction or adjudication” means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication’ that, regardless of the pendency of an appeal, was for any of the crimes listed in Article 62.001(5) of the Texas Code of Criminal Procedure. Crimes that require registration pursuant to that section include:

- Continuous sexual abuse of a young child or children
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual conduct
- Compelling prostitution
- Possession or promotion of child pornography
- Aggravated kidnapping (if committed with intent to violate or abuse the victim sexually)
- Burglary (if committed with intent to engage in a sex crime such as those listed above)
- Solicitation to engage in prohibited sexual conduct
- Online solicitation of a minor
- Human trafficking
- Indecent exposure (2nd violation)

#### Deregistration

State law requires released sex offenders to register within seven days of leaving prison. In 2005, the Texas legislature passed a law that allows certain sex offenders who are determined to no longer be a threat to public safety to request early termination of their registration requirement and removal from the registry. However, the requirements to qualify for deregistration are extremely stringent; deregistration is only available for certain offenses, is not available for anyone who has committed more than a single offense, and requires the successful completion of a sex offender treatment program, among other requirements.

Being listed on the registry can be devastating, including exclusion from employment opportunities, restrictions on where they one live, and the overall stigma and isolation of being a known and publicly reported sex offender. Almost more than prison time, registration can be the consequence that has the largest, longest, and most profound impact on someone’s ability to resume their life. If you have questions about registration requirements or your eligibility to have your name removed from the registry, please give me a call.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

---

### [What is a Grand Jury? Perry Indictment Puts Process in the Spotlight](https://texascriminaljustice.com/what-is-a-grand-jury-perry-indictment-puts-process-in-the-spotlight/)

**Published:** August 30, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

As you likely know, Texas Governor Rick Perry was recently indicted on two felony charges of abusing his official powers. The indictment was made by a grand jury after four months of looking at evidence and hearing testimony from members of the governor’s staff.

When we think of being charged with a crime, we typically think of a district attorney or other prosecutor making the decision to bring charges against a criminal defendant. A grand jury, however, is comprised of citizens who are called to make the determination as to whether prosecutors should pursue a criminal case. What a grand jury is, how it works, and what it means if you are being investigated by one remains a mystery to most people.

#### What is a Grand Jury?

Prosecutors use grand juries to investigate suspicions of criminal activity. If the grand jury determines there is enough probable cause to file criminal charges, it has the power to return an indictment. In this way, individuals can be charged with a crime without being arrested or caught breaking the law.

Federal grand juries have a maximum limit of 23 members, however, the law only requires 16 for a quorum. Additionally, 12 or more federal grand jurors can return an indictment. For the most part, grand juries operate completely independently, although they are closely controlled by the prosecutor and the agents who present the evidence in order to secure an Indictment.

In Texas state court, a grand jury indictment is required before felony charges may be levied unless the defendant waives this right. A district court judge convenes a grand jury of 12 people (9 required for a quorum) from the county in which the court sits to listen to the facts of a case and determine if probable cause exists for charges alleged against a defendant. The grand jury is also an investigative body. It can assist the district attorney’s office in uncovering evidence to support charging a particular defendant with a crime, or it can choose to independently investigate matters brought to its attention. The grand jury can issue a true bill that equals a felony indictment or it can issue a no-bill turning the case down.

Grand jury proceedings are conducted without the usual due process requirements guaranteed by the Constitution. Instead, they are completely secret and use a so-called “ex parte” process, which means all evidence is presented without defense counsel appearing or presenting evidence in favor of the accused. Federal prosecutors use grand juries to investigate allegations to build a future case against the defendant. If you are called to appear before a grand jury, you may not even know you are the target of an investigation. Because the grand jury only hears one side of the case, it is no surprise that they often return unfounded indictments.

#### Contact an Attorney Immediately If You Are Under Investigation

Prosecutors often use grand jury proceedings to compel both people and corporations to turn over documents or testify against the accused. Suspects can be summoned to offer testimony or surrender documents, but they have no right to testify or be present before the grand jury. If you get caught up in one of these secret proceedings, you could incriminate yourself without even knowing it.

If you discover that you are under investigation by a grand jury or have received a grand jury letter, it is imperative that you contact an experienced criminal defense lawyer immediately. Not only can a lawyer advise you how to proceed and how to protect yourself, they may also be able to negotiate with prosecutors as to whether you may be allowed to appear and may even be able to dissuade them from proceeding.

*This article has been prepared for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.*

**Categories:** General

**Tags:** grand jury

---

### [Hack a Computer, Pick a Pocket, or Falsify Information: No Matter How You Do It, Credit Card Fraud is a Major Felony](https://texascriminaljustice.com/hack-a-computer-pick-a-pocket-or-falsify-information-no-matter-how-you-do-it-credit-card-fraud-is-a-major-felony/)

**Published:** September 15, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Once again, a major retailer has announced that it has been hacked and the credit card and personal information of its customers put at risk. [Home Depot](http://www.nytimes.com/2014/09/04/technology/path-of-stolen-credit-cards-leads-back-to-home-depot.html?_r=0) has become the latest in a long list of companies who have had their customer’s credit card and other payment information stolen and then sold to others who then use that information to make fraudulent purchases. Increasingly sophisticated hackers pose a growing threat and it is almost a certainty that large-scale cyber-attacks will continue to occur.

#### Credit Card Fraud in Texas is a Serious Felony

Whether it is through sophisticated hacking of secure computer systems or the pickpocketing of a wallet on a city bus, credit card fraud is treated as a serious crime in Texas, by state authorities as well as federal prosecutors.

Texas Penal Code §32.31 sets forth a number of different acts that constitute criminal credit card fraud, including:

- Obtaining a credit card from an individual who is not the issuer;
- Using a fictitious credit card or debit card number;
- Using a cancelled, expired or revoked credit or debit card;
- Using another’s card without permission;
- Possession of or stealing a debit or credit card with the intent to use it, transfer it or sell it to someone else;
- Selling goods or services to an individual knowing that person is using a stolen card.

#### Jail Time and Federal Prosecution

An offense under §32.31 is a state jail felony, except it can be charged as a third degree felony if the offense was committed against an elderly individual. In Texas, a state jail felony is punishable by 180 days to 2 years in jail and a $10,000 fine.

Additionally, certain credit card fraud and identity theft crimes can be prosecuted under numerous federal consumer protection, conspiracy, and mail and wire fraud laws, which may involve stiffer penalties than for state charges.

#### Consequences Beyond Jail Time

As a result of the deep public concern and high profile cases involving credit card fraud and identity theft, prosecutors are aggressively pursuing convictions for such crimes. The consequences of a conviction for credit card fraud don’t end with jail time. A conviction can affect your ability to obtain employment, get loans, acceptance into educational facilities or training, and leave a stain on your reputation that will be with you for a long, long time.

Additionally, many sentences require the offender to pay restitution for his crimes. If he can’t afford to repay the money, the government can seize assets, such as cars, houses, and other personal property. With so much riding on the outcome of your case, you need a criminal defense lawyer who can quickly assemble an intelligent, effective defense.

Credit card crimes can be complex, and the defense of such crimes can be equally complicated. A lawyer with the experience and understanding of how such cases are prosecuted can make all the difference. If you have been charged with any offense involving credit card fraud or identity theft, it is crucial that you retain an experienced Texas criminal defense lawyer as soon as possible who can begin preparing your defense and give you the best chance of avoiding or minimizing the serious consequences of a conviction.

#### Mark Diaz: Aggressive and Affordable Houston/Galveston Criminal Defense Lawyer

I’m Texas criminal defense lawyer Mark Diaz, and if you are looking for a criminal defense lawyer in the Houston/Galveston area who combines the professional and personal qualities you need to give you the best chance of reclaiming your life, please give me a call. Criminal defense is all I do, and in over 15 years of practice, I have handled every type of criminal case out there. Whether you are facing a minor misdemeanor or a first degree felony, I have the skills necessary to protect your rights. You don’t have to face the courts alone. Depending on the type of charges filed against you, I can petition the court to suppress evidence, exclude testimony, and even dismiss the charges altogether.

Whereas some other attorneys may try to avoid court at any cost, I truly enjoy litigation and the opportunity to vindicate my clients. If your case requires a full trial, I will not hesitate to see it through. Call me for a free consultation today at [(409) 515-6170](tel:409-515-6170).

*This website has been prepared by Mark A. Diaz for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.*

**Categories:** General

---

### [Adrian Peterson Indictment: Legal Parental Discipline or Criminal Act?](https://texascriminaljustice.com/adrian-peterson-indictment-legal-parental-discipline-or-criminal-act/)

**Published:** September 22, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Minnesota Vikings star running back Adrian Peterson was recently [indicted](http://houston.cbslocal.com/2014/09/12/exclusive-details-on-adrian-peterson-indictment-charges/) by a Montgomery County, Texas grand jury on charges of Injury to a Child arising out of his use of a switch to spank or, in Peterson’s words, to “whoop” his four-year-old son.

The indictment came after law enforcement was advised by a doctor that the child had received visible cuts and bruises to his back, buttocks, legs, hands, and scrotum after the incident.

Since his indictment, Petersen expressed “how sorry I feel about the hurt I have brought to my child and said that he “caused an injury that I never intended or thought would happen.” His lawyer said that Peterson employed the same parenting techniques that Peterson had “experienced as a child growing up in east Texas.”

#### Texas Law Allows Corporal Punishment by Parents if “Reasonable”

Peterson’s indictment raises the controversial subject of how much discretion parents have or should have when it comes to physically disciplining their children. Texas law gives parents, stepparents, grandparents, and legal guardians significant leeway in the use of corporal punishment to discipline their children.

Section 9.61 of the Texas Penal Code provides that “the use of force, but not deadly force \[by a parent or stepparent, etc.\], against a child younger than 18 years is justified… when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.”

In conjunction with the foregoing section of the Penal Code, Section 261.001 of the Texas Family Code specifically excludes from the definition of child abuse physical injury that results in substantial harm to a child if caused by “an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm.”

#### If Parental Discipline is “Unreasonable” and Creates “Substantial Risk of Harm,” It Can Be a Felony

If the discipline is “unreasonable” and “exposes the child to a substantial risk of harm,” it can therefore be the basis of felony charges like that now faced by Peterson. Specifically, Peterson was indicted under Texas Penal Codes Section 22.04 which makes it an offense to “intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, cause to a child \[14 years of age or younger\]:

- serious bodily injury
- serious mental deficiency, impairment, or injury
- bodily injury

#### State of Mind Determines the Seriousness of Offense

The states of mind that determine the seriousness of the offense and the corresponding consequences are defined in Texas Penal Code Section 6.03:

- Intentionally – An individual acts intentionally if they commit some act and it is in their desire or conscious objective to engage in the conduct, or to cause the result of the conduct.
- Knowingly – An individual acts knowingly, or with knowledge, if they commit some act and they are aware their conduct is reasonably certain to cause the result of the conduct.
- Recklessly – An individual acts recklessly if they commit some act and they are aware of their conduct or the result of their conduct, but consciously disregard the possibility the result will occur.
- Criminal Negligence – An individual acts with criminal negligence if they ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.

“Reckless” injury to a child, or an injury that results from criminal negligence, is a state jail felony that could result in a jail sentence from 180 days up to two years. If the act is found to have been done “intentionally” or “knowingly,” it is a third-degree felony with a potential prison sentence of up to 10 years.

The outcome of Peterson’s case remains to be seen, and opinions as to the wisdom or appropriateness of corporal punishment will continue to differ, but the line between legal parental discipline and a felony can be a fine one for parents and guardians to walk, and ultimately may only be resolved by a jury as too many factors are open to interpretation.

*This article has been prepared for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.*

**Categories:** General

**Tags:** child abuse, parental discipline

---

### [What is “Due Process” and Why Is It Important to You?](https://texascriminaljustice.com/what-is-due-process-and-why-is-it-important-to-you/)

**Published:** October 8, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

![due process](https://texascriminaljustice.com/wp-content/uploads/2014/10/due-process.jpg "due process")One of the most fundamental and important rights that all of us have, “due process” has been in the news a lot recently. NFL players facing suspension or discipline for domestic violence or [child abuse](/adrian-peterson-indictment-legal-parental-discipline-or-criminal-act/) assert that there should be “due process” before they lose their jobs or incomes. Government officials, law enforcement, and college administrators are all trying to address the issue of sexual assault on campus, attempting to balance the need to protect victims with the rights of those accused of committing such acts whose education and future hang in the balance.

If you are charged with a crime, all of the rights that protect you, from the [right to counsel](/consult-an-attorney-before-speaking-with-police/) to the right to remain silent to the right to a jury, all fall under the umbrella of “due process.” It is “due process” that is designed to protect criminal defendants from passion and prejudice and ensure that every individual who faces prosecution by the state has the ability to mount a full and complete defense.

## Constitutional Protections

Due process is enshrined in the Fifth Amendment to the Constitution which provides that no person shall “be deprived of life, liberty, or property, without due process of law.” (The Fourteenth Amendment provides the same protection as to actions by the states). Other amendments in the Bill of Rights address specific elements of due process, most importantly the Sixth Amendment, which affords criminal defendants seven specific rights, all of which are essential to protecting our rights and our freedom:

- Right to a speedy trial
- Right to a public trial
- Right to an unbiased tribunal or impartial jury
- Right to full notice and explanation of the charges being brought and the grounds for bringing such charges
- [Right to counsel](/consult-an-attorney-before-speaking-with-police/)
- Right to confront and cross-examine adverse witnesses
- Right to have the court compel favorable witnesses to appear

In addition to the foregoing rights set forth in the Sixth Amendment, due process also includes the following:

- Right to receive exculpatory or opposing evidence from prosecutors
- Right to call witnesses and present evidence
- Right to make a record that can be reviewed on appeal
- Right to have a decision based solely on the evidence presented
- Right to review or appeal of a judge or jury’s decision

### If You Lose Your Rights, You Could Gain Your Freedom

Due process in criminal cases has many facets and nuances, and the ways in which defendants can be deprived of due process are numerous. When any element of due process is missing during a criminal prosecution, the fairness and constitutionality of the state’s attempt to deprive an individual of their freedom has been compromised. A defendant whose due process rights have been violated can challenge the prosecution on those grounds and potentially have the charges thrown out. Having an experienced criminal defense lawyer who understands the complexities of due process and who will aggressively protect your constitutional rights can be of critical importance when you’ve been charged with a crime.

### Contact Our Experienced Galveston County Criminal Defense Lawyer

When you have been charged with a crime, you need an [experienced criminal defense lawyer](/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 9/16/2022)

**Categories:** General

**Tags:** due process

---

### [Arrest Warrants, Bench Warrants, and Traffic Warrants Explained](https://texascriminaljustice.com/arrest-warrants-bench-warrants-and-traffic-warrants-explained/)

**Published:** October 22, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Often when you are charged with a crime, it follows your arrest by the police, such as when you are pulled over and charged with DUI or if you are apprehended during or immediately after a crime such as a robbery or assault. Sometimes, though, individuals are arrested and charged with crimes well after the alleged incident has taken place. Other times, individuals can be arrested not for committing a crime but for failing to abide by an order of a court.

In those situations, a judge can issue a warrant which authorizes law enforcement to take you into custody. It is important to understand what these warrants are, when they are issued, and what steps you should take if you discover that one has been issued against you.

#### Arrest Warrants

As the name implies, an arrest warrant is a directive to police to find you and take you into custody. An arrest warrant will be issued by a judge if prosecutors present him or her with evidence that probable cause exists that you have committed a criminal offense. The warrant must specify the name of the person to be arrested, must set forth the offense the subject of the warrant is being accused of and must be signed by a judge or magistrate.

#### Bench Warrants

When judges issue orders, they do not like it when those orders are ignored or disregarded, to say the least. If you have been ordered to appear in court on a given date but fail to appear, or have been ordered to pay child support and failed to do so, to just give two examples, the judge can issue a bench warrant directing police to arrest you and bring you before the judge. At that time, the judge can hold you in contempt of court and subject you to jail time among other consequences.

#### Traffic Warrants

Many people find themselves facing a warrant for their arrest because of unaddressed traffic tickets. There are two types of warrants involving traffic tickets. An *alias warrant* can be issued if you fail to appear on the date set for hearing on your ticket or otherwise take no action to address the ticket. If you have addressed your ticket but failed to pay the fine or abide by any other conditions or agreements made with the court regarding your driving privileges, the court can issue a *capias warrant* for your arrest.

No matter what kind of warrant has been issued against you, it is crucial that you retain an experienced Texas criminal defense lawyer as soon as possible after discovering that one has been issued. A skilled criminal defense attorney may be able to take proactive steps that can help you avoid the hardship and embarrassment of being arrested and can work with you to keep you out of jail and avoid the other harsh consequences of being convicted of a crime.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

---

### [Don’t Make Things Worse: Four Things NOT to Do When Stopped or Arrested](https://texascriminaljustice.com/dont-make-things-worse-four-things-not-to-do-when-stopped-or-arrested/)

**Published:** November 8, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Two situations guaranteed to make you unhappy, uncomfortable, and uneasy (to say the least) are being pulled over by the police or placed under arrest. At those times, with the outcome of those interactions still very much uncertain, the choices you make can play a big role in determining whether the bad situation you are in will get even worse.

As such, here are four things not to do when you’ve been stopped by the police or arrested:

#### 1. DON’T put up a fight.

As we see in the news almost every day, police can abuse their authority and act in ways that are not only violations of your rights but can also involve violence and physical and verbal abuse and harassment. While all of these behaviors are outrageous and angering, physically resisting arrest or engaging in violent behavior will not help your case.

If the police have overstepped their bounds in stopping, searching, questioning, or detaining you, your criminal defense lawyer will be able to use that conduct in your defense to get evidence or the charges themselves thrown out, and may in fact give you remedies for violations of your civil rights. While you should exercise your right to deny consent to a search or speak without an attorney present as discussed below, reacting violently could have a negative impact on those defenses and remedies.

#### 2. DON’T try to talk your way out of it.

As I discuss in detail [here](/consult-an-attorney-before-speaking-with-police/), and as you know from watching TV and movies, when you are arrested you have the right to remain silent and anything you say can and will be used against you in a court of law. However familiar you may be with the right to remain silent, you may forget or be apprehensive about exercising that right if you find yourself questioned or detained by the police. Many people impulsively engage in conversation with police after a stop out of nervousness, fear, or their desire to explain that, “this is not what it looks like,” in hopes of being released. This is a risky decision with potentially damaging consequences. The more you talk, the more opportunities you have to weaken the defense of your case. You should never speak to police before consulting with an attorney.

#### 3. DON’T consent to a search of your vehicle.

As I discuss in detail [here](/what-should-i-do-if-a-policeman-asks-to-search-my-vehicle/), giving your consent to a search is almost always a mistake. If the cops do not have a search warrant or probable cause to examine the inside of your vehicle and you did not consent to a search, any evidence of criminal activity obtained during the search will likely be suppressed by a judge if criminal charges are brought against you. However, if you consent to the search, you are essentially and unnecessarily forfeiting these possible defenses.

#### 4. DON’T try to represent yourself.

Acting as your own lawyer when facing criminal charges is a very bad idea. Criminal law is complicated, and the rules of procedure and evidence that can both be your enemy and your salvation are nuanced and complex. The criminal justice system sometimes moves quickly and you can easily be steamrolled without having someone by your side who knows how things work at the courthouse and knows how to get things done. A good criminal defense lawyer will also keep you from making mistakes or taking actions that could harm your defense. Trying to save money by representing yourself can be very costly when you consider the consequences of a criminal conviction.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced [criminal defense lawyer](/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

---

### [Plea Bargains are Often a Bad Deal](https://texascriminaljustice.com/plea-bargains-are-often-a-bad-deal/)

**Published:** November 22, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

It may be tempting after an arrest to enter a guilty plea in hopes of a lighter sentence and a quick resolution to your ordeal. You want to move on with your life, maybe avoid paying some legal fees, and think that entering a plea is the answer to your current legal problems.

However, a guilty plea may lead to more problems than the ones you are facing now. Make no mistake, pleading guilty will result in a criminal conviction, and a conviction can have a profound and lasting effect on your future. While you may be able to leave the courthouse after a guilty plea, you may not be able to leave behind the impact of your choice.

#### Consequences of Accepting a Guilty Plea

If you plead guilty to an offense, this means that you might have a criminal record and may have to serve a jail sentence. Having a criminal record can substantially interfere with your freedom and future in several significant ways. A criminal conviction can stay on your record for the rest of your life, preventing you from getting a job, getting into college, or buying a house. It may have serious implications for your immigration status as well.

In some misdemeanor courts, you could be offered the opportunity to “waive your rights” and speak directly to the district attorney. The DA offers may offer you a time served offer with a fine only, which may sound good but will leave you with a criminal conviction for life.

Because pleading guilty has several profound effects on a person’s life, representing yourself or negotiating with the DA on your own could be a huge mistake. It is critical to consult with an experienced criminal defense lawyer who can provide you strategic advice concerning how to achieve the best possible resolution to your matter before entering a guilty plea.

#### There May Be a Better Way Out. A Defense Lawyer Can Help.

Things may look bleak to you, and your belief that you have little or no chance of mounting a successful defense may be one of the factors leading you to consider pleading guilty. However, a skilled Texas criminal defense lawyer may see things differently and can use their skill and experience to develop a defense strategy that may result in a more favorable result than simply entering a guilty plea at the outset of your case. By providing a vigorous defense and pointing out weaknesses in the prosecution’s case, it may be possible to get the charges reduced or dismissed, helping you [avoid a criminal record and potential jail](/is-it-possible-to-avoid-jail-time-for-first-time-offense-of-possession-of-a-controlled-substance/) time or other penalties altogether.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced [lawyer who focuses exclusively on defending criminal cases](/) and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

**Tags:** criminal defense lawyer

---

### [Will Texas Decriminalize Pot Possession in 2015?](https://texascriminaljustice.com/will-texas-decriminalize-pot-possession-in-2015/)

**Published:** December 8, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

Make no mistake: marijuana is still illegal in Texas, and you will face harsh penalties if convicted of possession or distribution. But if a bill recently introduced in the Texas legislature becomes law next year, Texas may join 19 other states, the District of Columbia, and municipalities across the country in decriminalizing the possession of small amounts of pot.

Because it is the most common illegal controlled substance, marijuana currently has its own special classification under Texas drug law. The penalties vary widely depending on the amount of marijuana the accused had on his person at the time of arrest and how he intended to use the drug. A charge involving less than two ounces is a Class B misdemeanor, which carries a maximum penalty of up to 180 days in jail and a $2,000 fine. By contrast, a conviction for selling more than 2,000 pounds of marijuana is a first degree felony that can result in a life sentence.

In December, however, Texas State Rep. Joe Moody introduced a bill which provides that adults caught with up to one ounce of marijuana would get a $100 ticket, similar to a parking violation. Larger amounts, though, would still lead to criminal penalties.

Though recent polling suggests that the majority of Texans are in favor of decriminalizing possession of small amounts of pot, and even in favor of legalizing medical and recreational marijuana, it is far from certain that the Republican-controlled legislature will be able to pass such a measure or whether Governor Rick Perry would sign a decriminalization bill if it were to land on his desk.

Until such time as decriminalization becomes the law of the land, facing a marijuana possession charge in Texas remains a frightening matter with potentially harsh consequences if convicted. If you are charged with a Texas marijuana offense, take it seriously and contact an experienced Texas criminal defense attorney as soon as possible.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170) for a free consultation to discuss your case.

**Categories:** General

---

### [What is Hearsay? Can It Be Used By Prosecutors?](https://texascriminaljustice.com/what-is-hearsay-can-it-be-used-by-prosecutors/)

**Published:** February 10, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

You may have heard the term “hearsay” before. In criminal proceedings, “hearsay” refers to testimony in which the witness is relaying information they received from a third party, and the statement allegedly made by that third-party is being offered as evidence to support either the prosecution or defense. For example, if a police officer testifies that “Jim the bartender told me that he served the defendant 10 beers before he drove away from the bar,” and that testimony is offered to support the state’s DWI case, that is hearsay and likely would be inadmissible.

#### Hearsay and the Confrontation Clause

Hearsay is generally inadmissible because of its second-hand nature and the fact that the source of the hearsay evidence cannot be cross-examined. It is a fundamental constitutional right as set forth in the “Confrontation Clause” of the Sixth Amendment that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” When hearsay testimony is introduced at trial and a defendant can’t directly confront the individual making that statement, it conflicts with that Sixth Amendment right.

#### Exceptions to the Hearsay Rule

However, [Rule 803](http://www.in.gov/judiciary/rules/evidence/#_Toc373857091) of both the Federal Rules of Evidence and the Texas Rules of Evidence contain numerous exceptions to the rule against hearsay, and many kinds of hearsay evidence are oftentimes accepted in criminal cases if they fall into one of those exceptions. These include excited utterances or present sense impressions of an event made immediately thereafter; business records, sworn previous testimony, and statements that are part of public or government documents.

#### “Testimonial” Statements Inadmissible

Notwithstanding those exceptions, the U.S. Supreme Court has held that the Confrontation Clause bars “testimonial” statements even if they fall within an exception. The most common example of a “testimonial” statement is one given to a police officer by a witness providing information as to the circumstances of a crime. In its decisions, the Court has held that when the primary purpose of such statements is to convey information, as opposed to seeking help with an ongoing emergency, they are barred by the Confrontation Clause unless the declarant is unavailable *and* the defendant had a prior opportunity to cross-examine the declarant.

#### Challenging Hearsay Evidence

Even though there is no opportunity to cross-examine the source of hearsay information if ultimately admitted under one of the exceptions to the rule, there nevertheless may be openings for defense lawyers to challenge it in other ways. Perhaps an examination of other statements or transcripts related to the source of the hearsay statement might reveal bias or lack of truthfulness. Or maybe the circumstances surrounding the hearsay statement can be challenged. Additionally, defense lawyers can still raise questions about it through cross-examination of the person in possession of the second-hand information.

Hearsay evidence can pose a genuine problem for defendants, and a good defense lawyer will fight against the admissibility of any hearsay evidence that may hurt their client’s case. Even if a court allows hearsay testimony, an experienced Texas criminal defense lawyer can still find ways to reduce or mitigate its impact.

**Categories:** General

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### [What is Disorderly Conduct in Texas?](https://texascriminaljustice.com/what-is-disorderly-conduct-in-texas/)

**Published:** March 8, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

Spring Break season is here, and from South Padre Island to Daytona Beach, you can be sure that arrests for disorderly conduct will be part of the week for some folks. In Texas, “disorderly conduct” is a common criminal charge that covers a relatively broad range of behavior. It can take the form of sights, sounds, smells, and other conduct that tends to offend or is likely to lead to a disturbance. Whether you have been charged with disorderly conduct for allegedly fighting with someone in public or invading someone’s privacy, it is critical to contact a criminal defense attorney as soon as possible.

#### Disorderly Conduct Defined

Texas Penal Code [Section 42.01](http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm) contains an extensive list of actions and activities that constitute disorderly conduct and can get you charged for that offense. These include:

- using abusive, indecent, profane, or vulgar language in a public place that is likely to incite an immediate breach of the peace
- making an offensive gesture or display in a public place that is likely to incite an immediate breach of the peace
- creating, by chemical means, a noxious and unreasonable odor in a public place
- abusing or threatening a person in a public place in an obviously offensive manner
- making unreasonable noise in a public place other than a sport shooting range, or in or near a private residence that he has no right to occupy
- fighting with another in a public place
- discharging a firearm in a public place other than a public road or a sport shooting range
- displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm or discharging a firearm on or across a public road
- exposing a person’s anus or genitals in a public place and being reckless about whether another may be present who will be offended or alarmed by this act

In addition to all the actions in a public place described above, “peeping tom” conduct such as going onto someone’s property and looking into their window or doing the same to someone else’s hotel room, a restroom, or changing room for lewd or unlawful purposes will get you a disorderly conduct charge.

#### Penalties

Most disorderly conduct charges are classified as Class C misdemeanors that are punishable by a fine of up to $500. However, the firearm-related acts described above are Class B misdemeanors which can result in a sentence of up to 180 days in jail and/or a fine of up to $2,000. Keep in mind that disorderly conduct charges are frequently accompanied by other charges, such as assault, public intoxication, or resisting arrest that potentially carry more serious penalties.

There are numerous ways to fight disorderly conduct and related charges. If you have been [charged with disorderly conduct](/what-is-disorderly-conduct-and-how-serious-are-the-charges/), it’s important to protect your reputation and your freedom. Contact an experienced Texas criminal defense lawyer at your earliest opportunity.

**Categories:** General

**Tags:** disorderly conduct

---

### [You May Wait a Long Time for Your “Speedy Trial”](https://texascriminaljustice.com/you-may-wait-a-long-time-for-your-speedy-trial/)

**Published:** April 15, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

It is a sad fact of our criminal justice system that the wheels of justice often turn very slowly. If you’ve been charged with a crime and you desperately want to clear your name and move forward with your life, every day, week, and month that goes by before your trial can seem like an eternity.

#### “Speedy” is a Relative Term

Under the [Sixth Amendment to the U.S. Constitution and Article I, § 10 of the Texas Constitution](https://www.txcourts.gov/All_Archived_Documents/ccaInformation/opinions/144200a.htm), all criminal defendants have the right to a “speedy trial.” Article 1.05 of the Texas Code of Criminal Procedure was enacted to implement those constitutional rights. If the state takes too long to bring a criminal prosecution to trial, the defendant can assert a violation of those rights and ask that the case be dismissed.

In determining whether a defendant’s right to a speedy trial has been violated, a court weighs four factors:

- whether delay before trial was uncommonly long
- whether the government or the criminal defendant is more to blame for that delay
- whether, in due course, the defendant asserted his right to a speedy trial
- whether the defendant suffered prejudice as a result of the delay

The problem is that what we may think of as an ”uncommonly long” delay is likely pretty common and won’t be long enough to constitute a violation of the right to a “speedy” trial. Notwithstanding the efforts of both you and your criminal defense attorney, your case still may be delayed and take a long (but constitutionally permissible) time to get to trial.

#### Four Common Reasons for Delays

Trials and hearings can be delayed for a variety of reasons. The following are some of the most common.

- **The Prosecution Needs More Time to Prepare.** Prosecutors handle a huge number of cases at any given time and sometimes they simply cannot keep up with all of them. If your case is particularly complex, there’s generally a greater chance that the prosecutor will require more time to prepare. Of course, the same can be said for criminal defense attorneys. Although it can be frustrating to wait, you want your lawyer to leave no stone unturned, which includes having time to gather all available evidence in your defense.
- **Overbooked Court Schedule.** Just like prosecutors, the courts have full caseloads and there are simply not enough hours in the day or days in the month for all of them to be handled as quickly as would be desired. Just like airlines often overbook flights expecting some folks to cancel or miss their flight, courts schedule multiple trials on the same day, anticipating that one or more defendants will [accept a plea](/why-you-should-never-accept-a-plea-deal-without-a-lawyer/), removing the need for a full trial. Problems arise when this fails to happen and two trials are scheduled on the same day. In these situations, at least one trial will get bumped.
- **Busy Attorneys’ Schedules.** Just as courts have overloaded calendars, attorneys on both sides may have busy schedules. Getting everyone on the same page (literally) is sometimes challenging.
- **Witness Unavailability.** In criminal trials, the defense often depends on witness testimony. Witnesses are human beings, and they are subject to the same emergencies, accidents, and last-minute scheduling conflicts as everyone else. If a witness supporting your defense is unavailable, it’s probably in your best interest to file a motion for a continuance.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case there is. More importantly, [criminal defense is the only thing I do](/). I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170 "(409) 515-6170") for a free consultation to discuss your case.

**Categories:** General

---

### [The Trouble(s) With Breathalyzers: New Law, Old Problems](https://texascriminaljustice.com/the-troubles-with-breathalyzers-new-law-old-problems/)

**Published:** April 29, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

Starting in September, Texas judges will have the authority to require first-time drunk drivers in Texas to install an ignition interlock device in lieu of a license suspension, pursuant to a [bill](http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB2246) just signed by Gov. Greg Abbott.

For folks who ultimately find themselves subject to this new requirement, it is likely that it won’t be their first experience with such machines. Breathalyzers and other breath-testing devices are used by Texas law enforcement to determine the blood alcohol content (BAC) of drivers suspected of driving while intoxicated. The results of those tests are often the piece of the prosecution’s evidence in seeking a DWI conviction.

The problem is that while many machines we encounter in our daily lives are precise, reliable, and predictable, breathalyzers and interlock devices are not those kind of machines. This is why it is important that you always remember you have a right to refuse to blow when pulled over for suspicion of DWI.

The breathalyzer machines used by the police are extremely sensitive, and frequently malfunction. If you are arrested and charged with driving while intoxicated (DWI) based in whole or in part on the [results of a breathalyzer](/are-breathalyzer-results-always-admissible-in-court/) test, the unreliability of those machines, the inconsistent ways they are used, and the unique physical conditions of the individuals being tested mean that there are many ways to challenge the results. An experienced Texas drunk driving lawyer will know exactly how to attack the reliability of breathalyzer test results based on any number of problems.

Three of the most common problems with the accuracy of breathalyzers, and reasons why test results may be excluded from evidence, include:

- **Improper cleaning or calibration.** On average, unless the breathalyzer machine was recently cleaned and calibrated prior to your test, it can be incorrect by as much as .03 grams of alcohol per 210 liters of your breath. Additionally, the machine will give false readings if not adjusted or recalibrated to account for ambient or surrounding air temperatures. With a low BAC reading, this could mean the difference between guilt and innocence.
- **“Mouth Alcohol.”** Mouth alcohol is present if someone burps or belches, and brings up some air from their stomach. Acid reflux can also wildly distort the test results. Air from the stomach has a great deal more alcohol in it than deep lung air and can throw off the results dramatically. A number of other contaminants can add to the level of mouth alcohol, including smokeless tobacco, asthma inhalers, cough syrup, and mouthwashes, or blood in the mouth from gum disease or gingivitis.
- **Breathing Patterns.** Breathing patterns may affect the breath alcohol reading. Holding your breath can significantly increase the readout number. Conversely, hyperventilating, or taking deep breaths can reduce your breath alcohol concentrations.

#### Mark Diaz – Texas DWI Defense Lawyer

When you have been charged with DWI, you need an [experienced DWI lawyer](/dwi-charges/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. I have witnessed firsthand how a DWI charge and conviction can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170 "(409) 515-6170") for a free consultation to discuss your case.

**Categories:** General

---

### [Part of Federal Repeat Offender Law Struck Down by Supreme Court](https://texascriminaljustice.com/part-of-federal-repeat-offender-law-struck-down-by-supreme-court/)

**Published:** July 8, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

While most of the attention on the U.S. Supreme Court’s recently concluded term has been about its decisions involving the Affordable Care Act and marriage equality, there was a flurry of other rulings issued as well. One such case involved a federal law that provides for enhanced sentencing for repeat offenders.

As is the case in many states, Texas law includes provisions that increase the length of sentences for individuals convicted of multiple felonies. [Section 12.42 of the Texas Penal Code](http://law.justia.com/codes/texas/2009/penal-code/title-3-punishments/chapter-12-punishments/) – the state’s “three strikes” law – sets forth the increased punishments that defendants face upon their third conviction, which vary depending on the nature and seriousness of the previous convictions.

The federal government has similar provisions for certain violations of federal law, and in a recent decision, the Supreme Court of the United States struck down a portion of a federal repeat offender law for being unconstitutionally vague.

The federal Armed Career Criminals Act increases the sentence for an illegal gun conviction if the defendant has at least three prior convictions for violent felonies. At issue in [*Johnson v. United States*](http://www.supremecourt.gov/opinions/14pdf/13-7120_p86b.pdf) was what exactly constituted a “violent felony” that would subject a defendant to the enhanced penalties. While the law defines a violent felony to include several specific offenses, it also includes any felony that “involves conduct that presents a serious potential risk of physical injury to another.”

Writing for the 6-3 majority, Justice Antonin Scalia held that this “residual clause” of the law was too vague to be constitutional. He wrote that the clause “fails to give ordinary people fair notice of the conduct it punishes, \[and is\] so standardless that it invites arbitrary enforcement.” He concluded that it, therefore, violates traditional due process fairness concerns and should be invalidated, though the remainder of the law stands.

The *Johnson* decision should not have any impact on Texas’ “three strikes” law, but it is a reminder that criminal laws to need to be written with sufficient clarity such that individuals can be put on notice as to what constitutes an offense and so that criminal defendants can mount an effective defense.

#### Mark Diaz – Experienced Houston/Galveston Criminal Defense Lawyer

When you have been charged with a crime, you need an experienced lawyer who focuses exclusively on [defending criminal cases](/) and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case there is. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170 "(409) 515-6170") for a free consultation to discuss your case.

**Categories:** General

**Tags:** repeat offender law

---

### [Knock, Knock: What to Do if Police Show Up With a Search Warrant](https://texascriminaljustice.com/knock-knock-what-to-do-if-police-show-up-with-a-search-warrant/)

**Published:** July 15, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

There’s a loud knock on your front door, your dog starts barking, and you hear a stern voice outside proclaim: “This is the police. We have a search warrant for the premises.”

At that moment, what should you do? Should you open the door? Invite the police in? Refuse them entry? Here are some do’s and don’ts when you are confronted with police claiming to have a search warrant for your home.

- **DON’T be confrontational.** You have rights, and you should not be afraid to exercise them when appropriate, but as you do so you should remain calm and respectful to the officers. You have no obligation to assist the officers, but antagonizing, yelling, or otherwise acting confrontational will do you no favors and could undermine legitimate challenges you may have to the validity of the warrant or the search.

- **DO inspect the warrant before entry.** To be valid, search warrants have to be signed by a judge and contain specific information about the area to be searched and what is being looked for. Ask to look at the warrant (the police do not have to show it to you unless you ask) and check for the following information:

- the premises and specific areas covered;
- the date and time which the warrant permits the police to be present on your property to conduct a search;
- the specific documents or objects that are being searched for;

If the warrant specifies only certain areas of your property, those are the only areas the police should be permitted to search and you should not consent to a search beyond the specified areas. If the warrant specifies they are looking for assault weapons, they should not be looking in jewelry boxes or small drawers.

- **DON’T say anything.** You have the right to remain silent, and you should exercise that right. Say as little as possible. Don’t ask questions (other than asking to see the warrant), don’t answer questions, don’t argue with the officers, and don’t make any admissions.

- **DO record the entire search.** If possible, record the search on your cell phone or other video camera. The conduct of the officers must be reasonable as they engage in their search, and if they act unreasonably or exceed the scope of the warrant, the recording could be used by your attorney to attack the validity of the search. It could also be used in a claim for any damage done to your property during the search.

- **DO contact a criminal defense attorney.** In many criminal defense cases, one of the critical challenges to the prosecution’s case is the validity of the arrest and any searches conducted by the police. Because evidence that is unlawfully gathered can be suppressed, it is critical to determine if the police engaged in an improper search. Call an experienced criminal defense lawyer at the earliest opportunity to discuss your options and next steps after the search.

#### Mark Diaz & Associates – Experienced Houston/Galveston Criminal Defense Lawyers

When you have been charged with a crime, you need an[ experienced criminal defense lawyer](/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case there is. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170 "(409) 515-6170") for a free consultation to discuss your case.

**Categories:** General

**Tags:** search warrant

---

### [Three Steps to Take If You’ve Been Charged With Domestic Violence in Texas](https://texascriminaljustice.com/three-steps-to-take-if-youve-been-charged-with-domestic-violence/)

**Published:** July 22, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

Being arrested and charged with domestic violence in Texas can be a traumatic experience. In Texas, domestic violence is part of a criminal charge referred to as “family violence.” Under the [Texas criminal code](https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.5.htm), family violence is an assault against a member of the accused’s household. This can be a spouse, child, or other individual who lives in the home.

The events that led to your arrest likely happened in a hurricane of emotions, and the arrest itself may have seemed like it happened in the blink of an eye, without the police or anyone else listening to your side of the story.

It is a difficult time, made more so by thinking about the possible consequences of a conviction. If you are wrongfully accused of domestic violence in Texas, you stand to lose much more than your reputation. A first-time conviction can result in a $4,000 fine or up to 12 months in jail. Additionally, you can permanently lose your right to own a firearm, have visitation with your children restricted, forfeit your professional license, and miss out on employment opportunities.

While you may be in a bad situation, you don’t want to do anything to make it worse and should take immediate action to protect yourself. If you’ve been arrested and charged with domestic violence, make sure you do these three crucial things to give yourself the best chance of a positive outcome:

- **Call a criminal defense attorney *immediately.*** It is critically important to speak with a criminal defense attorney as soon as possible after you have been arrested. Many people charged with domestic violence are under the mistaken impression that if their spouse “drops the charges” everything will be okay. The reality is that only prosecutors can decide whether to seek a conviction, and a “no-drop policy” in many Texas counties means that prosecutors will pursue domestic violence cases without exception. Relying on that mistaken belief, or hoping that your spouse or significant other doesn’t show up is a foolish and risky decision that can lead directly to a conviction. Don’t leave your future to chance and call an experienced criminal defense attorney as soon as possible.
- **Document your own injuries.** It is not unusual for individuals accused of domestic violence to suffer their own injuries. In many cases, the individual being accused is actually the victim. When the police arrive on the scene, they make assumptions that result in a wrongful arrest. “Defensive injuries” can include scratch marks, bite wounds, bruises, lacerations, and other injuries. Document your injuries by taking high-quality pictures at many different angles immediately after the incident. These photos can be invaluable in defending your case and fighting the charges against you.
- **Follow the court’s order.** In some domestic violence cases, the judge will enter an emergency protective order or a “no contact” order that may among other things prohibit you from calling, texting, emailing, or approaching the other person. You may also be barred from going to a home you share with the alleged victim, even if it is just to pick up some clothes or other personal items. Do not violate the court’s order, as doing so constitutes a separate criminal offense that could result in a large fine and up to a year in jail.

#### Mark Diaz & Associates – Experienced Texas Domestic Violence Defense Lawyers

When you have been charged with domestic violence in Southeast Texas, you need an experienced [Galveston domestic violence defense lawyer](/domestic-violence/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170 "(409) 515-6170") for a free consultation to discuss your case.

**Categories:** General

**Tags:** domestic violence

---

### [4 Traffic Ticket Mistakes](https://texascriminaljustice.com/4-traffic-ticket-mistakes/)

**Published:** September 18, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

A traffic ticket can quickly turn a good day into a rotten one if you make any of the traffic tick mistakes we discuss here. Most people have an opinion about how to handle a traffic stop or a police encounter. Unfortunately, there is a lot of inaccurate information online regarding your rights and what to do if you have received a ticket.
Whether you plan to contest your traffic ticket, or you just want to know your rights, here are a few things you should know about traffic tickets.

### Refusing to Sign the Ticket

Some people claim – wrongly – that you should never sign a traffic ticket because doing so counts as an admission of guilt. This is not only inaccurate, it could potentially make your case worse. You don’t admit to anything by signing a traffic ticket. When you sign it, you merely acknowledge that you received it and will appear in court when and if required.

### Ignoring the Ticket Is One Of The Most Common Traffic Ticket Mistakes

It’s human nature to avoid things that are difficult, unpleasant, or annoying. You may not want to think about your ticket, but adopting a head in the sand approach is a very bad idea. Not only will your ticket not go away, ignoring it could land you in serious trouble.

### Throwing the Ticket Away When You Move (or Ignoring an Out of State Ticket)

If you move out of state, don’t assume your ticket stays behind. Nearly every state in the country, including Texas, is a member of the [Driver License Compact](https://en.wikipedia.org/wiki/Driver_License_Compact), which allows the states to exchange information about traffic violations and license suspensions. Always address a ticket as soon as possible, whether you plan to move out of Texas or you received a ticket while you were vacationing in another state.

### Not Speaking with an Attorney

Many people pay traffic tickets, even when they believe the police officer was wrong to issue it. Police officers are human, and they make mistakes just like anyone else. They are susceptible to illness, fatigue, inclement weather conditions, and bad moods. If you would like to contest a traffic ticket, don’t assume it is a lost cause. Call [Mark Diaz](/team_member/mark-diaz/) today at 409-515-6170 to discuss your case.

**Categories:** General

**Tags:** Mistakes, Ticket, Traffic

---

### [Forgery Is a Serious Crime](https://texascriminaljustice.com/forgery-is-a-serious-crime/)

**Published:** October 6, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

If you have been charged with a counterfeiting crime or forgery in Texas, it’s important to contact an experienced Texas criminal defense attorney right away. Forgery encompasses a wide variety of offenses and is generally defined as altering or signing a document for purposes of committing fraud or harming another individual.

A person commits forgery by using a false name to sign a document, using another person’s checks, changing the date or money amount on a document, altering a will, or using a fake ID. People have also been charged with counterfeiting when they have engaged in copying or altering prescriptions for the purpose of obtaining pharmaceuticals.

Whether you create, alter, or disguise an item or a document with the intent to defraud someone, you can be found guilty of forgery or counterfeiting.

### Penalties for Forgery

Although forgery is typically known as a “[white-collar crime](/white-collar-crimes/),” the penalties are nevertheless quite serious and can alter a person’s life forever.

Depending on the severity of the fraud, the penalties for forgery can be very serious. For example, [an individual who fraudulently uses a credit card or forges a check will face a felony charge](https://codes.findlaw.com/tx/penal-code/penal-sect-32-21.html), which can result in up to two years of jail time, a maximum fine of $10,000, and a permanent criminal record.

Some forgery charges, including those that involve printing fake currency, are generally prosecuted at the federal level, which can mean extremely tough penalties upon conviction.
Even a misdemeanor conviction can result in life-changing penalties, including jail time, fines, and a criminal record that can stop you from getting a job, renting an apartment, or obtaining a professional license.

### Defending Your Case

If you have been charged with forgery, you need an experienced attorney on your side. A knowledgeable criminal defense lawyer knows how to challenge the prosecution’s evidence. For example, your lawyer may be able to show that you did not intend to defraud anyone – an essential element the prosecution must prove to win its case.

**Categories:** General

**Tags:** Crime, Forgery

---

### [What Should I Do If The Police Call Me?](https://texascriminaljustice.com/the-police-called-me-what-should-i-do/)

**Published:** October 26, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

If the police call you there are important things you need to know to protect your rights. Getting a phone call from a police officer or detective can be a frightening experience. If you have been contacted by law enforcement authorities informing you that you are under investigation, it is important to contact a criminal defense attorney right away. In some cases, police take advantage of the subject’s ignorance of the law and his or her rights. You may inadvertently say something that could lead the police to charge you with a crime.

### Know Your Rights If The Police Call You

Police investigations may look fascinating on television, but it’s an entirely different story when you are the target of one. Furthermore, television crime dramas rarely offer an accurate portrayal of police investigations. When police conduct an investigation, their goal is to charge an individual with a crime. They are trained in tactics designed to elicit important information and even confessions from people. In many cases, they use pressure, threats, and promises to compel people to offer potentially incriminating information.

You are not required to participate – [Under Texas law, you have no legal obligation to volunteer to speak with police or detectives](https://guides.sll.texas.gov/protest-rights/police). If you start to participate in a police interview, you also have the right to stop speaking to the police at any time.

You have the right to remain silent – Most people are familiar with the right to remain silent, as it is part of the Miranda Warning frequently recited to arrestees on television. What many people fail to realize is that the police don’t have to inform you of your Miranda rights until you are in police custody. In other words, if you are not free to leave, the police must inform you of your right to remain silent. However, you always have the right to stay silent in front of the police, aside from answering basic questions about your name and other basic information.

**You can have a lawyer with you** – If you are the subject of a police investigation, you have the right to have legal counsel present during any police interrogation. Call us 24/7 at 409-515-6170 or [fill out the form on our website to receive a free and confidential initial consultation](/landing-form/).

**Categories:** General

**Tags:** Called, Police

---

### [What Are Miranda Rights?](https://texascriminaljustice.com/what-are-miranda-rights/)

**Published:** January 15, 2016
**Author:** Mark Diaz &amp; Associates

**Content:**

“You have the right to remain silent…” It’s something most people can easily recite after seeing a few crime dramas on television. But what are Miranda rights, really? Where do they come from? When are you entitled to them? The answers may surprise you.

Also known as a “Miranda warning,” Miranda rights originate from a [1966 U.S. Supreme Court case: Miranda v. Arizona](https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona). In that case, the Supreme Court held that criminal suspects must be informed of their right against self-incrimination under the Fifth Amendment and their right to legal counsel under the Sixth Amendment. Prior to the Court’s decision in Miranda, police were not required to inform criminal suspects of their constitutional rights.

When the police place an individual under arrest or a person is taken into police custody, police must inform them of these rights. Although the Miranda warning tends to follow a sort of script on legal and police shows on television, the language does not necessarily have to follow a certain format, nor do police have to read them in any particular order. Per another Supreme Court case – California v. Prysock – the Miranda warning is adequate as long as the police fully and adequately inform the suspect of his or her rights.

Police must tell the person some form of the following:

- The person is being placed under arrest
- The person has the right to stay silent
- The person has the right to a lawyer
- If the person can’t pay for a lawyer, a lawyer will be provided to him or her
- Anything the person says can be used against him or her in court

The police must also confirm that the individual understands the rights. Furthermore, the police are only required to read someone the Miranda warning if the police plan to question the person.

### Your Right to Stay Silent

If you are stopped by the police, you do not have to answer any questions about a suspected crime. Beyond giving the police your identifying information, such as your name and vehicle registration information, you always have the right to refuse questioning. Police officers are trained to elicit information from people, and they frequently use pressure tactics designed to confuse and intimate people in their custody. It is always best to have an attorney by your side before speaking to the police.

### Mark Diaz & Associates – Houston/Galveston Criminal Defense Lawyers

Do you have questions about your rights in a criminal matter? Call the law office of Mark Diaz & Associates at [(409) 515-6170](tel:+14095156170) for a free consultation to discuss your case.

**Categories:** General

**Tags:** Miranda Rights

---

### [Simple Assault Is Not Always So Simple](https://texascriminaljustice.com/simple-assault-is-not-always-so-simple/)

**Published:** February 15, 2016
**Author:** Mark Diaz &amp; Associates

**Content:**

When you hear the words “simple assault,” you might picture a scuffle in a bar or a quick fight involving a couple of punches. The phrase doesn’t necessarily sound like a big deal, but simple assault can describe a wide variety of actions. In reality, a simple assault case can be quite complex, with serious consequences for your future.

### What Is It?

Under [Texas law](http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm), simple assault includes behavior that is both physical and non-physical. This means a person does not actually have to make physical contact with someone to be charged. According to the statute, a simple assault is an activity that intentionally, knowingly, or recklessly:

- Causes bodily injury to someone else
- Threatens another person with bodily injury
- Results in physical contact with someone else in a provocative or offensive way

People have been charged with simple assault for all manner of confrontations. In some cases, getting in someone’s face or shoving them out of the way results in a simple assault charge. You can also be charged with simple assault if you make someone fear for their life or safety. For example, speeding after someone who cut you off in traffic, then rolling down your window to threaten them can be simple assault.

If you have ever observed a fight in a bar, at a sporting event, or anywhere else, you know how easy it is for tensions to escalate quickly. It is not always easy to determine who started what or who said what. Unfortunately, the police tend to arrest first and ask questions later. An argument can quickly go from posturing and pokes in the chest to all-out fighting. In these situations, the individuals involved will most likely be charged with [aggravated assault](/aggravated-assault-in-texas-and-the-penalties-for-it/) – a much more serious charge.

### Defending Against Simple Assault

In today’s world of 24-hour surveillance and smartphone cameras, many fights are captured on video. If you have this kind of evidence, it can be very helpful in showing the intent behind the argument or fight. It also may be possible to show you acted in self-defense. In many cases, it is possible to convince the court to reduce the charges or dismiss them entirely, especially if it is a first offense.

Call us 24/7 at 409-515-6170 or[ fill out the form on our site](/landing-form/) to receive a free and confidential initial consultation.

**Categories:** General

**Tags:** Assault, Simple

---

### [Texas Open Carry Law](https://texascriminaljustice.com/texas-new-open-carry-law/)

**Published:** March 15, 2016
**Author:** Mark Diaz &amp; Associates

**Content:**

You may have heard about The Texas Open Carry Law in [Texas House Bill 910](http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB910), which became effective on January 1, 2016. The new law makes it legal to openly carry handguns in Texas. If you plan to carry a weapon under the new law, it is very important to make sure you understand your rights and obligations.

### What “Open Carry” Means

The new law builds upon existing law, which already allows individuals to openly carry specific types of firearms, such as hunting rifles, as well as those who are permitted to carry a concealed handgun as long as they have a concealed handgun license (CHL).

Under the new law, individuals with a valid CHL are now allowed to either keep carrying a concealed handgun or to openly carry the handgun. The new law does not require people with a valid CHL to complete any extra training or to obtain any new kind of license or certification for purposes of openly carrying a handgun.

On the other hand, the new law does require those with a valid CHL to maintain their CHL and to carry their handgun in a shoulder or hip holster. Furthermore, those with a CHL who wish to carry openly are not permitted to carry a gun openly in certain types of places, such as courtrooms, certain sections of airports, and other places.

### Businesses Can Ban Handguns

As most people are aware, open carry laws are not without controversy. Some business owners oppose the idea of people walking into their shops and stores with a handgun in plain sight. For this reason, the law also allows business owners to post notices stating handguns are prohibited inside their places of business. Under the law, business owners can ban openly-carried handguns, concealed handguns, or both.

If you do choose to carry a handgun, whether openly or concealed, it is important to exercise your right to carry responsibly and safely. If you engage in negligent, dangerous, or threatening behavior with a weapon, you are almost certain to face serious criminal consequences.

If you have been accused of or arrested for a crime call us 24/7 at 409-515-6170 to discuss your case or [fill out the form on our site](/landing-form/) to receive a free and confidential initial consultation.

**Categories:** General

**Tags:** Open Carry, Texas

---

### [What Is The Texas Three Strikes Law?](https://texascriminaljustice.com/does-texas-have-a-three-strikes-law/)

**Published:** May 15, 2016
**Author:** Mark Diaz &amp; Associates

**Content:**

When most people hear the term “three strikes law,” they usually think of California, which has been the subject of much controversy over the years.

What you may not know is that there is a Texas three strikes law as well, which punishes offenders for repeat penalties. After a third felony, offenders in Texas face 25 years to life in prison. Baseball fans will recognize the phrase from the game, which makes a batter out after three pitches.

### The Three Strikes Law in Texas and Other States

The Texas three strikes law was first enacted in 1952. California’s law was passed in 1994. After three separate felony convictions, an individual is subject to a life sentence in prison. The law and others like it in other states were enacted to cut down on recidivism – offenders who go on to commit future crimes. Lawmakers believe that career criminals can’t be rehabilitated. To stop them from continuously committing crimes and tying up the justice system, they impose harsh penalties after a third offense.

In most states with repeat offender laws, the [law only applies to felony convictions](/can-a-conviction-under-texas-three-strikes-law-be-defended/). About half the states in the country have some form of a [three-strike law](https://en.wikipedia.org/wiki/Three-strikes_law).

### Controversy over Three-strike Laws

Some states have seen their three-strike laws challenged. This is especially true in California, which individuals have been imprisoned for life after committing a third, non-violent offense. In perhaps one of the most famous cases, which went all the way up to the U.S. Supreme Court, a man was sentenced to life in prison for theft of videotapes. Because he had two prior felony convictions, and because the particular California theft statute in question allowed the theft to be charged as a felony, the three-strike law was triggered. The Court upheld his sentence in Lockyer v. Andrade in 2003.

California amended its three-strike law in 2012 to make a repeat crime count as a third strike only in cases where the offense is a serious or violent felony. Texas law does not have a similar amendment.

### Legal Help for Repeat Criminal Offenses

If you have been charged with a felony, and you have a history of criminal convictions, it is extremely important to obtain the help of an experienced [criminal defense attorney in Texas](/). When your future is on the line, you need powerful defense on your side.

**Categories:** General

**Tags:** Texas, Three Strikes

---

### [Getting the Charges Against You Dropped or Dismissed](https://texascriminaljustice.com/getting-the-charges-against-you-dropped-or-dismissed/)

**Published:** June 15, 2016
**Author:** Mark Diaz &amp; Associates

**Content:**

![dismissed](https://texascriminaljustice.com/wp-content/uploads/2016/06/dismissed.jpg "dismissed")Just because you have been charged with a crime does not mean you are guaranteed to end up with a criminal record. Never assume your case is hopeless or a lost cause. Although an arrest can make you feel like there is no chance of reclaiming your life, it’s important to remember that prosecutors have the highest burden of proof in our justice system. At [texascriminaljustice.com/](/), we pride ourselves on helping people minimize the charges against them. In many cases, we can even get the charges against you dropped, dismissed, or withdrawn.

### The Preliminary Hearing

When an individual is arrested, the judge must hold a preliminary hearing to determine if the charges against them can go forward. At this hearing, the judge looks at all the evidence put forth by the prosecution. At this stage, the prosecutor must show only that there is probable cause to prosecute the individual for a crime or crimes. The person charged also has an opportunity to present evidence showing he or she is not guilty. Some common reasons for dismissal of the charges include:

- An illegal arrest
- Mishandling of evidence
- Insufficient evidence
- Falsified evidence

If the judge decides there is not enough evidence for the case to go forward, the judge will order the charges withdrawn or dismissed.

### Dismissal on Appeal

Although a significant number of dismissals happen before an individual has even gone past the preliminary hearing stage, some convictions are thrown out on appeal. For example, a person who was convicted for possession of drugs in his car can obtain a dismissal of the charges on appeal if he produces evidence showing that the police made an illegal traffic stop. Unlike a pre-conviction dismissal, a person whose conviction is dismissed on appeal is protected by the double jeopardy protections of the U.S. Constitution and cannot be prosecuted again for the same criminal offense.

If you have been charged with a crime call us for a free consultation to discuss getting the charges against you dropped at 409-515-6170

**Categories:** General

**Tags:** Charges, Dismissed, Dropped

---

### [Consult An Attorney Before Speaking With Police](https://texascriminaljustice.com/consult-an-attorney-before-speaking-with-police/)

**Published:** February 13, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

#### The U.S. Constitution Gives You The Right To An Attorney During Police Interrogations

The Fifth Amendment requires police to give criminal suspects in their custody *Miranda* warnings, including informing them of their right to an attorney, before questioning them. When a cop fails to warn a suspect of her *Miranda* rights, any information gained from the suspect during an interrogation is inadmissible in court. Suspects have the right to consult with an attorney even if they have not been formally arrested.

The controversial [2013 U.S. Supreme Court decision, *Salinas v. Texas*](https://supreme.justia.com/cases/federal/us/570/178/), introduced a new requirement for suspects seeking to invoke their Fifth Amendment rights when they are stopped for police questioning. The Supreme Court ruled that it is not enough for a suspect to remain silent during questioning. Rather, suspects must expressly invoke the Fifth Amendment in response to police questioning by saying to the police, “I wish to remain silent.”

#### What Are The Risks Of Speaking To Police While In Custody?

Many Texas citizens impulsively engage in conversation with police after a stop out of nervousness, fear, or their desire to explain that, “this is not what it looks like,” in hopes of being released. This is a risky decision with potentially damaging consequences. The more you talk, the more opportunities you have to weaken the defense of your case. You should never speak to police before consulting with an attorney. At most, you should provide police your name and personal information, which can simply be done by handing the cops your driver’s license or identification card.

There are many reasons to remain silent after a police stop, including:

- Talking to police may give them information they need to build a stronger case against you.
- You may be able to get a better plea deal down the road if you do not provide too much information to cops upfront.
- You may provide information to the police early on that can be used to challenge your credibility later during trial.
- You may inadvertently provide information that can demonstrate motive or opportunity to commit the crime in question.
- It is highly unlikely that you will be able to recall the exact details of your conversation with the police between the time of your arrest and your trial. You run the risk of being perceived as dishonest by a judge or jury if you omit details at trial that the police report and records include.

#### Consult Houston/Galveston Criminal Defense Attorney Mark A. Diaz Before Speaking With Police

Mark A. Diaz is an aggressive [criminal defense attorney](/team_member/mark-diaz/) with more than fifteen years of experience defending criminal cases. From arrest through trial, he works hard to get the best possible results in and out of court. As an attorney well versed in proper police procedure, Mr. Diaz will evaluate your case closely to determine if your constitutional rights were violated, and will work aggressively to get the court to reduce the charges against you or dismiss your case entirely.

*This website has been prepared by Mark A. Diaz for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.*

**Categories:** General

**Tags:** attorney, Consult, Criminal Defense Attorney

---

### [What Should I Do If a Policeman Asks To Search My Vehicle?](https://texascriminaljustice.com/what-should-i-do-if-a-policeman-asks-to-search-my-vehicle/)

**Published:** February 26, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

#### The U.S. Constitution Protects You From Unreasonable Vehicle Searches

The [Fourth Amendment](https://www.law.cornell.edu/constitution/fourth_amendment) guards citizens against unreasonable search and seizure. This means that a police officer needs permission to search your body and your property, including your vehicle unless he has sufficient and trustworthy facts suggesting that you are involved in criminal activity.

By law, a police officer may only search your vehicle under one of the following circumstances: ?

1. The officer has a valid search warrant signed by a magistrate.
2. You consent to the search.
3. The officer has probable cause to believe there are illegal goods in the vehicle.

If the cops do not have a search warrant or probable cause to examine the inside of your vehicle and you did not consent to a search, any evidence of criminal activity obtained during the search will likely be suppressed by a judge if criminal charges are brought against you.

#### What Is The Risk of Consenting To A Police Search Of My Car?

Many Texas citizens automatically consent to a vehicle search after being pulled over for a simple traffic offense because they do not know they have the right to refuse the search. This is a grave mistake with potentially damaging consequences, especially when there is evidence of illegal activity inside of the vehicle. You should never give consent to a vehicle search.

The lawfulness of a vehicle search is often a key issue of dispute in drug possession cases. Convincing a court that there was not a warrant authorizing a vehicle search or probable cause to support the search is not an insurmountable task for defense attorneys. Criminal defense attorneys also have a reasonable likelihood of success when challenging a cop’s unduly long detention of a suspect for the purpose of bringing a drug-sniffing canine to the scene. However, defending cases in which a suspect freely consented to a police search of the vehicle can be extraordinarily difficult for an attorney.

When you consent to a police search of your vehicle, you reduce the number of defense strategies available to your lawyer in your drug possession case. Any attempt to show the court that your consent to a vehicle search was coerced will likely result in a “he said, she said” debate between you and the cop, and most judges tend to believe the officer in these situations. By not consenting to a vehicle search, you leave open a number of viable defenses for your attorney.

#### Houston/Galveston Criminal Defense Attorney Mark A. Diaz Can Defend Your Case By Challenging an Unlawful Search

Mark A. Diaz is an aggressive criminal defense attorney with more than fifteen years of experience defending drug possession cases. As an attorney well versed in proper police procedure, Mr. Diaz will evaluate your case closely to determine if your constitutional rights were violated, and will work aggressively to get the court to reduce the charges against you or dismiss your case entirely.

*This website has been prepared by Mark A. Diaz for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.*

**Categories:** General

**Tags:** Policeman, Search, Vehicle

---

### [Social Media Posts and Pictures Can and Will Be Used Against You in a Court of Law](https://texascriminaljustice.com/social-media-posts-and-pictures-can-and-will-be-used-against-you-in-a-court-of-law/)

**Published:** March 10, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

It has been said by parents all over the country to their teenagers using the Internet and posting on social media sites: presume that everything you post can be seen by everybody and that it will be seen forever. Nevertheless, as social media use has exploded over the past decade, teenagers and adults alike continue posting updates, photos, and videos that may come back to bite them. Sometimes, it is merely an embarrassment, other times, and with increasing frequency, social media posts are being used as evidence to put people behind bars.

#### Standard Operating Procedure for Cops and Prosecutors

It has become almost standard operating procedure for Texas law enforcement agencies, like their colleagues across the country, to scour social media sites to solve criminal cases or gather evidence to be used in prosecutions. A July 2012 survey of more than 1,000 federal, state, and local law enforcement agencies by LexisNexis Risk Solutions revealed that 83% of the respondents are using social media, particularly Facebook and YouTube, to further their investigations.

Social media websites contain features and information that can provide police and prosecutors with such valuable information as:

- A suspect’s location,
- What a suspect was doing in the days and hours leading up to the crime,
- Potential witnesses or accomplices, and
- Background information on the witness and suspect

In addition to using social media to identify pieces of evidence that will help prove their case, law enforcement agencies use the tool to organize public outreach efforts and solicit tips on unsolved crimes. Many police departments have their own Facebook pages and Twitter accounts and use these avenues to relay important public safety information to the public. The [Galveston Police Detectives](https://www.facebook.com/GPDInvestigators) and the [Houston Police Department](https://www.facebook.com/Houstonpolice) both have Facebook pages on which they regularly post pictures, videos, and other information in their efforts to find leads and suspects.

Sometimes, such posts come from the defendant while other times they may come from a friend’s page or the account of a total stranger. Furthermore, everyone with a smartphone can take pictures of events as they happen and upload them to social media sites.

Of course, there are also those who convict themselves as a result of their obliviousness and zeal to post their exploits online, like the Houston bank tellers and their friends who brilliantly posted “I’M RICH!!” on Facebook shortly after their branch was robbed in 2011.

#### No Reasonable Expectation of Privacy

A number of courts have ruled that social media postings are not private, even when users adjust their privacy settings to shield their page from public view. In one case, prosecutors obtained incriminating evidence against the defendant through a cooperating witness who happened to be Facebook “friends” with the defendant. When the defendant asserted that his 4th Amendment rights were violated, the court said that “*\[The Defendant’s\] legitimate expectation of privacy ended when he disseminated posts to his “friends” because those “friends” were free to use the information however they wanted—including sharing it with the Government.”*

Facebook and Twitter’s privacy policies warn users that the purpose of the sites is to share information and that the public can view the posts on the sites. Prosecutors and police can and do obtain the court orders, subpoenas, or search warrants necessary to obtain subscriber information, history, and content from social media networks.

Social media users must understand that anything they post on social media websites can and will be found and used against them in a criminal investigation and trial.

*This article has been prepared by [Mark A. Diaz](/team_member/mark-diaz/) for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.*

**Categories:** General

**Tags:** Court, Pictures, Social Media

---

### [Sex With a Minor: Consent Won’t Spare You From Serious Felony Charges](https://texascriminaljustice.com/sex-with-a-minor-consent-wont-spare-you-from-serious-felony-charges/)

**Published:** April 10, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

With a few exceptions, if you are an adult in Texas and you have sex with someone under 17, you are a sex offender. It doesn’t matter if the sex was supposedly “consensual” because Texas law says that those under 17 don’t have the capacity to consent. You face serious prison time, registration on the sex offender registry, and the damage to your reputation, career, and life that comes with the stigma of being a registered sex offender.

#### No Violence Needed, Misunderstanding is No Defense

Crimes involving sex with a minor are commonly called “statutory rape,” because the lack of consent that is a defining characteristic of rape is written into the statute prohibiting such conduct. This means that sex with a minor will be considered “rape” even if there was supposed consent and even if there was no violence, force, or assault involved. Furthermore, claiming to not know that the victim was underage or that they misrepresented their age is not a sustainable defense.

#### “Statutory Rape” is Actually a Number of Offenses

“Statutory rape” in Texas is actually a number of different criminal offenses, all of which carry severe penalties.

- **Aggravated sexual assault** includes sexual penetration between a minor who is younger than 14 years old and a defendant of any age. This offense is a first-degree felony, and penalties include *at least five (and up to 99) years in prison.*
- **Sexual assault** includes sexual penetration between a minor who is younger than 17 and a defendant who is three or more years older than the victim. This offense is a second-degree felony, and penalties include *at least two (and up to 20) years in prison.*
- **Indecency with a child** includes sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor who is younger than 17 and a defendant who is not more than three years older than the victim. This includes oral sex. This offense is a second-degree felony, and penalties include *at least two (and up to 20) years in prison.*

([Tx. Penal Code § 22.021, 22.011, & 22.11](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm).)

In many if not most instances of sex crimes involving a minor, a convicted offender must register with the state of Texas as a sex offender, meaning that any friends, colleagues, neighbors, and current or potential employers will be able to easily discover the offender’s background and crimes.

#### “Romeo & Juliet” Exception

In 2011, Texas enacted a change in the law commonly known as the “Romeo & Julie” exception that spares certain younger adults from having to register as sex offenders for having sex with a minor. For this exception to apply:

- The minor must be 14 or older
- There is no more than a three-year age difference between the two parties
- The sex is consensual

It is important to note that the “Romeo & Juliet” exception will not prevent the adult individual from facing prosecution for an underlying crime such as sexual assault of a child, but it does exempt the accused from [registering as a sex offender](/who-is-required-to-register-with-the-sexual-offender-registry-in-texas/).

If you are facing charges involving [sex with a minor](/sexual-assault/), the consequences to your future are grave. While there are defenses available, the nature of the laws makes it essential that you retain an experienced Texas criminal defense attorney who can work with you to either defeat the charges altogether or keep the consequences to a minimum.

**Categories:** General

**Tags:** Consent, Felony, Sex With a Minor

---

### [Prescription Drug Abuse and Criminal Prescription Drug Possession in Texas](https://texascriminaljustice.com/prescription-drug-abuse-and-criminal-prescription-drug-possession-in-texas/)

**Published:** April 20, 2014
**Author:** Mark Diaz &amp; Associates

**Content:**

### Prescription Drug Possession

Prescription drug possession is a serious criminal offense in Texas when you are in possession of a prescription drug and it isn’t prescribed to you. Most people associate drug crimes with street drugs, such as cocaine and heroin. Although these illicit substances make up a large portion of drug-related criminal activity, prescription drug abuse is on the rise. And while these medications confer many benefits when used properly, in the wrong hands they can be just as dangerous and deadly as street drugs. According to The [Partnership for a Drug-Free Texas](https://drugfreegeneration.org/drug-free-texas/what-is-partnership-for-a-drug-free-texas.html), prescription drug abuse in the Lone Star State has become a serious public health crisis. The statistics are frightening:

- 1 out of 6 Texas teens reports having misused or abused a prescription drug in the past year. This is a 33% increase over the last 5 years.
- Nearly nine of every 100,000 Texans died from prescription drug overdoses in 2012, most caused by abuse of illegally obtained prescription medications.
- The Drug Policy Alliance reports a 150 percent increase in accidental overdoses over an eight-year period in Texas.
- In the 2012 12th biennial Texas School Survey of Substance Use survey, 12.3 percent of secondary students reported using codeine cough syrup non-medically at some point in their lives.
- About 3 percent of secondary students in 2010 reported using oxycodone products non-medically in their lifetime, and 3 to 5 percent reported using hydrocodone products nonmedically in their lifetime.
- About 27% of teens perceive prescription drug abuse as safer than using street drugs.
- About 1 out of 5 parents report giving their teen prescription medications that were not prescribed to them.

As a response to this growing problem, both Texas and federal law imposes strict penalties on individuals who illegally use and distribute prescription drugs. These laws are put in place to deter individuals from misusing prescription medication as well as to stop people from using the ingredients they contain to manufacture and sell additional controlled substances. If you are facing criminal [charges relating to prescription drugs,](/how-harsh-are-drug-charges-for-minors-in-texas/) you are facing serious penalties.

#### ***Commonly Abused Prescription Drugs***

As prescription drug abuse has become more common, so too have the medications involved. Health care personnel and law enforcement officers generally classify these drugs into three groups: opioids, stimulants, and depressants.

Opioids block pain by preventing the brain from receiving pain signals from the rest of the body. Because they interfere with the body’s ability to feel discomfort, they are a prime target for misuse. In most cases, they are also highly habit-forming. Common opioids include codeine, Vicodin, Percocet, and oxycontin.

As their name suggests, stimulants cause the individual to feel more alert and aware. Popular stimulants include Adderall and Ritalin.

Finally, depressants help individuals who suffer from insomnia, anxiety, and a host of other ailments. Depressants include Ambien, valium, and Xanax.

#### ***Penalties for Prescription Drug Crimes are Severe***

Since prescription drugs in Texas are considered controlled substances, their possession, and use is governed by the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/pdf/HS.481.pdf). This legislation denotes the classification of all drugs that are considered dangerous for use without a prescription. Many common prescription drugs that individuals in Texas are found in possession of, such as oxycodone, are primarily considered Schedule I substances (otherwise known as Penalty Group 1) bringing the most severe sanctions.

According to §481.115, a person commits the offense of possession of a substance in Penalty Group 1 if:

- The person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

A possession charge is classified by the amount found on the individual at the time of the arrest. The more the amount, the more enhanced the charge will be. For instance, it will be considered a state jail felony (up to 2 years in state jail and/or up to $10,000 in fines) if the individual is found to possess less than one gram. It is considered a felony of the third degree (up to 10 years in state prison and/or up to $10,000 in fines) if the individual is found with more than one gram but less than four. If the individual is found with 4 grams but less than 400 grams, it is considered a felony of the second degree (up to 20 years in state prison and/or up to $10,000 in fines). It is considered a felony of the first degree (up to 99 years in state prison and/or fines up to $10,000) if the individual is found in possession of 200 grams or more but less than 400 grams.

If the individual is found with 400 grams or more of a controlled substance, the offense is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, along with a fine not to exceed $100,000.

Given the severe consequences of Texas prescription drug crimes, consulting with an experienced Texas criminal defense attorney is of vital importance for those facing such charges.

#### ***Mark Diaz – Experienced Texas Prescription Drug Crime Defense Lawyer***

When you have been charged with a drug crime, you need an experienced lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at (409) 515-6170 for a free consultation to discuss your case.

**Categories:** Prescription Drugs

**Tags:** prescription drug crimes

---

### [Texas Test Time: What to Expect from Field Sobriety Tests if You’re Pulled Over](https://texascriminaljustice.com/texas-test-time-what-to-expect-from-field-sobriety-tests-if-youre-pulled-over/)

**Published:** April 8, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

If you’ve been pulled over for suspicion of drunk driving, you will likely be asked to take some tests. At some point, you may be asked to provide breath, blood, or urine samples. But first, you will be asked to participate in the standardized field sobriety tests. These tests are intended to test a driver’s ability to continue driving through balance and coordination exercises. You’ve probably seen such tests portrayed in movies or TV shows where people are asked to touch their nose, recite the alphabet, or walk in a straight line. The most important thing to remember about these tests is that you DO NOT HAVE TO DO THEM! Yep, that’s right, you may – and should – refuse to perform any of the tests.

#### Three Types of Tests

Police officers in Texas generally use three types of [field sobriety tests](https://en.wikipedia.org/wiki/Field_sobriety_testing). Depending on the circumstances the officer may choose to conduct just one, or all three of the tests. The National Highway Traffic Safety Administration has approved these tests for use in determining whether a driver is intoxicated. However, these field tests are notoriously unreliable indicators of an individual’s level of impairment. In fact, many people can’t pass these tests when they’re sober.

These tests are also subjective, meaning they depend on an individual officer’s interpretation rather than hard data like the kind you can get from a blood or breath test. This also means that a skilled DWI defense attorney can attack the credibility and accuracy of the officer’s evaluation of the driver as part of a comprehensive defense strategy.

The three field sobriety tests are:

- **One Leg Stand Test.** As the name indicates, the one leg stand test requires the driver to stand and balance on one leg. The individual must stand for approximately 30 seconds while keeping the other leg at least six inches off the ground and the hands close to the body. The officer will request the driver to look at their foot and count out loud; “one-one thousand, two-one thousand, three-one thousand, etc.”
- **Walk and Turn Test.** In the walk and turn test, the officer asks the driver to walk heel-to-toe for nine steps, do a “small series of steps” to turn, then walk back heel-to-toe for nine steps. Many law enforcement officials use the lines painted on the road itself as the line the driver must walk. The walk and turn test is supposed to gauge an individual’s coordination, balance, and ability to follow directions.
- **Horizontal Gaze Nystagmus Test.** The horizontal gaze nystagmus test is a complicated name for a very simple procedure. An individual is asked to follow a stimulus and the theory is that if someone is intoxicated their eyes will involuntarily jerk, which indicates the presence of alcohol. When a person has consumed a certain level of alcohol, the brain can’t control these types of minute involuntary movements.

#### Mark Diaz – Texas DWI Defense Lawyer

When you have been charged with DWI, you need an experienced [DWI lawyer](/dwi-charges/) who focuses exclusively on defending criminal cases and who will aggressively protect your rights. I have witnessed firsthand how a DWI charge and conviction can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at [(409) 515-6170](tel:409-515-6170 "(409) 515-6170") for a free consultation to discuss your case.

**Categories:** General

**Tags:** DWI, DWI defense lawyer

---

### [5 Facts about Cocaine](https://texascriminaljustice.com/5-facts-about-cocaine/)

**Published:** November 24, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

Cocaine is a common recreational drug, but many people are unaware of its long and sometimes shocking history, below are 5 facts about cocaine you may not know.

Although most people know cocaine is an illegal substance that is incredibly addictive and destructive, there are many facts about cocaine likely to surprise you. Here are five interesting facts about cocaine, as stated by the National Council on Alcoholism and Drug Dependence.

### Cocaine’s Use in the Medical Community

Cocaine was invented in its purified form in 1860 by a German chemist, but doctors did not learn of its ability to relieve pain until the 1880s. In 1884, Austrian ophthalmologist Carl Koller used cocaine to anesthetize a patient’s eye. Dr. Koller found cocaine acted as a powerful anesthetic as a vasoconstrictor, which drastically reduced bleeding during surgical procedures.

### Several Famous Addicts

Before cocaine, anesthesia was quite limited. Doctors were thrilled to discover a new substance that could control pain. Unfortunately, they used cocaine without fully understanding its effect on the body. Between the 1880s and the early part of the 20th Century, doctors prescribed cocaine for a broad range of diseases and physical discomfort. This relieved pain, but it also created a huge number of drug addicts, including scientists, physicians, and even U.S. presidents. Noteworthy cocaine addicts include Thomas Edison, Sigmund Freud, Robert Louis Stevenson, and President William McKinley.

### Coca-Cola Contained Cocaine Until 1903

You may have heard that cocaine was once an ingredient in Coca-Cola. It is true that the popular soft drink originally included trace amounts of cocaine, as well as wine. American physician Dr. John Pemberton started selling Pemberton’s French Wine Coca in 1884, only to replace the wine with sugar syrup in 1886. The cocaine remained until 1903.

### Spanish Conquistadors Used Cocaine as Money

Although the people of the Andean and Incan civilizations did not ingest purified cocaine – since the extraction process necessary to produce purified cocaine was not invented until 1860 – they consumed small amounts of cocaine by chewing coca leaves. When the Conquistadors sailed to the New World in the 1500s, they observed how the native people prized the leaves. As a result, the Spanish used coca leaves as a form of currency in what would become South America.

### Cocaine Was Legal Until 1914

Cocaine was widely used as a pharmaceutical from the 1880s through the early 1900s. Once people realized it was highly addictive, however, there was a massive effort to restrict its use. The Harrison Narcotics Act made cocaine illegal in 1914. Doctors continued to use cocaine up until modern times, but it has been largely replaced by other anesthetics. [Cocaine hydrochloride](http://www.medicinenet.com/cocaine_hydrochloride-topical/article.htm) is still sometimes used as a topical anesthetic.

If you have been charged with a drug crime whether it be [drug possession](/drug-possession/) or [trafficking](/drug-trafficking/), you need to be represented by an experienced drug crimes attorney. Call Mark Diaz for a free consultation at 409-515-6170

**Categories:** General

**Tags:** Cocaine, Facts

---

### [How Common Is Assault Against Men?](https://texascriminaljustice.com/how-common-is-assault-against-men/)

**Published:** December 11, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

Assault against men is more common than people think. In Texas, an individual can be charged with a misdemeanor or felony assault depending on the circumstances of the alleged crime. Under the Penal Code, a person can be charged with assault for intentionally or knowingly threatening another person, including a spouse, with imminent bodily injury. This means an aggressor does not necessarily have to physically touch the other person to be charged with assault.

Although most victims of [domestic violence](/?p=52852) in the U.S. are women, men can be victims too. [The National Domestic Violence Hotline reports](http://www.thehotline.org/2014/07/men-can-be-victims-of-abuse-too/) that 13 percent of callers to the Hotline in 2013 were male. Because men are less likely to report abuse, however, the number of male victims is almost certainly higher.

### Men Less Likely to Report Abuse

According to the Centers for Disease Control and Prevention (CDC), one in seven American men over the age of 18 has been the victim of physical violence carried out by an intimate partner.
Unfortunately, it is not unusual for police to automatically arrest the man when responding to a domestic violence complaint. In many cases, the police arrest first and ask questions later. Sadly, this makes the man a victim of injustice not once but twice.

### Know the Signs of Intimate Partner Violence

Not only are men less likely to report [domestic violence](/how-to-prove-innocence-in-a-domestic-violence-case-in-texas/) – they may not even realize it is happening in the first place. The Mayo Clinic [reports](http://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/domestic-violence-against-men/art-20045149) that intimate partner violence frequently starts small. Starting out, an abusive partner may verbally berate the other person. Eventually, verbal attacks may lead to unwelcome physical contact, such as pushing or slapping.

Over time, abusive behavior tends to escalate, developing into more serious attacks, such as:

- Name-calling
- Controlling behavior
- Forced isolation from friends and family
- Jealous and possessive behavior
- Forced intercourse
- Threats
- Slaps, hitting, punching, choking

Because men are typically socialized to see themselves as strong providers and protectors, they may not recognize they are victims of abuse. Many fear that they will be arrested and prosecuted if they dare to protect themselves from abuse. Unfortunately, some aggressors have been known to turn the tables on a male victim by claiming he committed an assault. If you have been [falsely accused of assault](/assault-and-battery/) contact Mark Diaz who is experienced in assault against men for a free initial consultation at 409-515-6170

**Categories:** General

**Tags:** Against Men, Assault

---

### [What Are the Most Common Federal Crimes?](https://texascriminaljustice.com/what-are-the-most-common-federal-crimes/)

**Published:** December 28, 2015
**Author:** Mark Diaz &amp; Associates

**Content:**

Many criminal offenses are prosecuted at the state level, but the federal government has jurisdiction over certain common federal crimes. Because federal convictions often result in more severe sentences, it is very important to work with an experienced attorney knowledgeable about federal criminal defense if you are facing federal prosecution.

With this in mind, here are the top four federal crimes as reported by the National Criminal Justice Reference Service (NCJRS).

### Immigration Crimes

Immigration-related offenses are responsible for a large number of federal law violations. According to the NCJRS, immigration crimes are the fastest-growing category of federal offenses in the country. In 2011, there were almost 30,000 active immigration cases in federal courts. In the last decade, immigration-related federal prosecutions have gone up by 153.2 percent.

### Drug Crimes

Federal courts also handle a lot of drug cases, especially [charges for drug trafficking and drug](/list-of-drug-charges-and-sentencing-in-texas/) distribution. The large number of individuals serving prison sentences for drug-related offenses has even caused an overcrowding problem in the nation’s prisons.

In 2015, the U.S. Sentencing Commission responded to the overcrowding crisis by issuing revised rules for certain drug convictions – action that led to the [release](https://www.washingtonpost.com/world/national-security/justice-department-about-to-free-6000-prisoners-largest-one-time-release/2015/10/06/961f4c9a-6ba2-11e5-aa5b-f78a98956699_story.html) of 6,000 prisoners serving sentences for federal drug crimes.

### Weapons Crimes

Committing a crime with a weapon drastically increases the severity of the charges. [According ](http://www.bjs.gov/content/pub/pdf/FFRO.PDF)to the U.S. Department of Justice, 93 percent of federal offenders who used a firearm during the commission of a crime were sentenced to prison.

By contrast, only 72 percent of federal offenders whose crime did not involve a firearm were issued prison sentences. Between 2002 and 2004, prosecutions for weapons-related crimes jumped from 7,948 to 11,015.

### Fraud Crimes

White-collar crimes may sound less serious than violent crimes, but federal prosecutors pursue them aggressively. In recent years, investigations involving corporate officers and perpetrators of financial fraud schemes and unlawful business practices have been widely reported in the news. Prosecutors charge these individuals under a variety of federal statutes, including the RICO Act.

If you have been charged with any of the federal crimes above you need an experienced [federal criminal defense attorney](/federal-criminal-defense/) to represent you. For a free initial consultation contact Mark Diaz at [409-515-6170 ](tel:+14095156170 "Click to dial with S-Net Connect")

**Categories:** General

**Tags:** Common, Crimes, Federal

---

### [What Is Parole?](https://texascriminaljustice.com/what-is-parole/)

**Published:** April 15, 2016
**Author:** Mark Diaz &amp; Associates

**Content:**

Watch any crime or legal drama on TV, and you are likely to hear the word “parole.” Many people have a vague idea of what it means, but they aren’t quite sure of the specifics.

When a person is sentenced to prison, they are given a set amount of time behind bars. In certain cases, the court may allow the person to get out early if they satisfy a number of conditions. Not everyone has the option to get paroled early, and some people initially qualify for parole but do not meet the requirements necessary to obtain an early release when they go before the parole board.

According to the Bureau of Justice Statistics, there were more than 4 million adults under [supervision](http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5135) in 2013, which accounts for one in 51 adults in the country.

### The Ins and Outs of Parole

When a person is granted parole by the board, they are released back into society, where they are free to live and work again. This privilege is not without conditions, however, and it is governed by the Texas Board of Pardons and Paroles, which sets very specific guidelines. Depending on the case and the conditions, the person may have to complete certain rehabilitation programs or perform community service. They must also comply with any ordered drug or mental health testing, and they must usually appear for regular meetings with their parole officer. In short, they must reintegrate back into society, where they are expected to hold down a job and refrain from engaging in any kind of criminal activity. Most of the time, they are also restricted from leaving the state or a certain part of it.

Far from automatic, it is only granted after an individual has satisfied certain conditions. For some crimes, a person must serve a minimum amount of time before they are deemed eligible to go before the parole board. In some cases, individuals can also become eligible for parole more quickly with good behavior during their incarceration. Just because a person becomes eligible, however, does not mean the parole board must grant parole.

Call us 24/7 at 409-515-6170 or [fill out the form on our contact page](/landing-form/) to receive a free and confidential initial consultation.

**Categories:** General

**Tags:** Parole

---

### [Drug Charges in Texas: What is Constructive Possession?](https://texascriminaljustice.com/drug-charges-in-texas-what-is-constructive-possession/)

**Published:** November 7, 2019
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Possession Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2019/11/Mark-Diaz-1-Drug-Charges-in-Texas_-What-is-Constructive-Possession_November2019.jpg "Mark Diaz – 1 – Drug Charges in Texas_ What is Constructive Possession_November2019")Drug possession is a serious criminal offense. Depending on the substance and the quantity, a defendant accused of drug possession could face felony charges, which carry considerable jail time. In Texas, there are two basic types of possession.

**Actual possession** occurs when law enforcement finds illegal drugs in a defendant’s direct physical possession — often either in their hands or in their pockets.

**Constructive possession** is non-physical possession. It occurs when a defendant has illegal drugs in their care and control, but not technically “on” them. Here, our [Galveston drug possession defense attorney](/drug-possession/) highlights the most important things you need to know about constructive possession charges in Texas.

### Constructive Possession: Understanding the Basics

Even when drugs are not found on your person, you could still face very serious drug possession charges. Constructive possession charges are brought in a wide range of different circumstances. For example, a defendant may be arrested for constructive possession of illegal drugs that are found in the glove box of a vehicle. You could face constructive possession charges if illegal drugs are discovered inside a container within your apartment. In order to establish constructive possession in Texas, a prosecutor must be able to prove:

1. The defendant had actual knowledge the illegal drugs were present; and
2. The defendant exercised dominion and control over the controlled substance.

It does not technically matter who “owns” the drugs in question. If you are deemed to have had knowledge and control over the banned substance, you could be arrested and charged with constructive possession.

###  How to Defend a Constructive Possession Charge in Texas

All drug possession charges must be defended on a case-by-case basis. There are not truly effective one-size-fits-all solutions in criminal defense. When our Galveston drug possession defense lawyers take on a case, we aggressively pursue every available avenue to protect our clients’ rights, freedom and future.

It is important to remember the burden of proof is always on the state. If a prosecutor is bringing constructive possession charges against you, they must have evidence that supports every element of the crime, including proving you had knowledge over and control over the banned substance.

False or unsupported drug possession charges must be dismissed. We will carefully review the evidence against you to build a strong legal defense. Our legal team will also ensure all evidence was obtained legally. If you were subject to an unlawful search — meaning your [Fourth Amendment rights](https://www.law.cornell.edu/constitution/fourth_amendment) were violated — the evidence against you may be thrown out of court.

### Speak to Our Galveston, TX Drug Crimes Defense Lawyer Right Away

Mark A. Diaz is an experienced drug crimes defense attorney. With over two decades of experience, Mark Diaz is an aggressive, effective advocate for clients. If you or your loved one were charged with constructive drug possession in Texas, we can help.

To set up a free, strictly confidential initial consultation, please [contact us](/contact/) today at (409) 515-6170 or reach out to us directly online. From our law office in Galveston, we represent defendants throughout the Galveston County, including Santa Fe, League City, Texas City, La Marque, Galveston Island, Friendswood and Hitchcock.

**Categories:** Drug Possession Defense Attorney

---

### [What to Do If You are Falsely Accused of Sexual Assault in Galveston, TX](https://texascriminaljustice.com/what-to-do-if-you-are-falsely-accused-of-sexual-assault-in-galveston-tx/)

**Published:** December 4, 2019
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2019/12/Mark-Diaz-1-What-to-Do-If-You-are-Falsely-Accused-of-Sexual-Assault-in-Galveston-TX_December2019.jpg "Mark Diaz – 1 – What to Do If You are Falsely Accused of Sexual Assault in Galveston, TX_December2019")Being falsely accused of sexual misconduct is frightening, intimidating and overwhelming. If you are facing false accusations, you need to be ready to take immediate action to protect your rights, reputation and freedom.

Under Texas law ([Texas Penal Code § 22.011](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)), sexual assault is usually charged as a second degree felony offense punishable by up to 20 years in prison. In certain circumstances, sexual assault may be charged as a first degree felony.

Here, our [Galveston sexual assault defense lawyers](/sexual-assault/) explain the most important thing you need to do if you are falsely accused of a sex crime in Southeast Texas.

1. **Always Take Sex Assault Accusations Seriously**

All sex crimes accusations must be taken seriously. When you learn a false accusation has been leveled against you—whether it has been reported to law enforcement or simply shared amongst people socially—it is imperative you protect your rights. There is no such thing as a minor sexual assault charge in Texas. Any accusation has the potential to result in an arrest. If convicted, you will face a lengthy prison sentence.

2. **Do Not Confront the Accuser**

If you have been falsely accused of sexual assault, or any other crime, it is understandable you may want to say something directly to the other party. This is the wrong approach. Do not confront the accuser without legal representation. It could be one of the biggest mistakes you make. Once a false sex crime accusation has been raised, you need professional guidance and support.

3. **Secure Evidence and Document Your Interactions**

In any criminal case, the burden of proof is on the prosecution. To obtain a conviction, the state of Texas must present compelling evidence, which proves the defendant is guilty of the offense in question. At the same time, an accused person should proactively gather and secure evidence that may be relevant to a legal defense. Among other things, this evidence may include text messages, emails, eyewitness testimony and more. Also, defendants should document their interactions with the accuser. Write down what happened from your perspective, such as where you were, who you were with, etc.

4. **Call a Galveston Sexual Assault Defense Attorney**

Defending a sex offense charge is complicated. Texas prosecutors are notoriously aggressive when bringing sexual assault charges. If you were arrested, charged with a crime, or you are concerned you may be charged soon, you need an experienced attorney on your side. Your lawyer will be able to explain your rights, your options and begin preparing a viable legal defense.

**Schedule a Free, Strictly Confidential Consultation Today**

Mark A. Diaz is an experienced sex crimes defense attorney. If you or your loved one was falsely accused of sexual assault, we are here to protect your rights. To set up a free, completely private consultation, please [contact us](/contact/) at (409) 515-6170. With an office in Galveston, we serve communities throughout Southeast Texas.

**Categories:** Sexual Assault Defense Attorney

---

### [Teens and Prescription Drug Possession in Texas: What Parents Need to Know](https://texascriminaljustice.com/teens-and-prescription-drug-possession-in-texas-what-parents-need-to-know/)

**Published:** January 9, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Prescription Drug Possession](https://texascriminaljustice.com/wp-content/uploads/2020/01/Diaz-1-Teens-and-Prescription-Drug-Possession-in-Texas_-What-Parents-Need-to-Know_January2020.jpg "Prescription Drug Possession")

Prescription drug possession and the misuse of prescription drugs by teenagers have become a serious public safety problem. According to the [National Institute on Drug Abuse](https://www.drugabuse.gov/drug-topics/trends-statistics/infographics/abuse-prescription-rx-drugs-affects-young-adults-most), young adults are most susceptible to prescription drug abuse — with approximately eight percent of teenagers admitting they have used prescription drugs for non-medical purposes.

If a teenager is caught with prescription drugs they are not prescribed, they could be [arrested on drug possession charges](/drug-possession/). Unlawful drug possession is a very serious criminal offense in Texas. However, parents should know that minors who are accused of illegal prescription drug possession may have options available through the Texas juvenile justice system.

**Texas Juvenile Justice System: Understanding the Process**

In Texas, the juvenile justice system is designed to resolve the cases of offenders who are between the ages of 10 and 16 years old. The core purpose of the system is to focus on the treatment and rehabilitation of young offenders. When a juvenile is accused of committing an offense, state authorities have several options available:

1. **No Formal Action**: For minor offenses, a teen may simply be released into the custody of the parents/caregivers. As an example, truancy is often not formally prosecuted in Texas. With a more serious offense, such as prescription drug possession, formal action is more likely — though still not guaranteed.
2. **Municipal Court**: Some cases are sent to a municipal court or a justice court. From there, the youthful offender may be diverted to a local program for treatment, care or rehabilitation.
3. **Juvenile Probation Department**: Each year, approximately 60,000 cases are referred to Texas juvenile probation. From there, the specific circumstances of a teenager’s offense will be assessed. The charges can be dismissed outright, set for deferred prosecution, adjudicated for probation, or the teen may be sent to the Texas Juvenile Justice Department (TJJD).

If your child is accused of prescription drug possession, it is imperative you speak to an experienced attorney. There are many options available for teenagers who are 16 years old or younger. A lawyer can help ensure they get access to the proper rehabilitative services and ensure the charges will not stay on their permanent record.

**Texas Law: 17-Year-Olds are Treated as Adults**

If your[ child is 17 years old, their case will likely be handled by the adult justice system](/in-what-cases-are-minors-charged-as-adults/). Texas has some of the most restrictive juvenile justice laws in the country. It is one of only four states to treat 17 years old as adults. If your 17-year-old was arrested on prescription drug possession charges, call a criminal defense lawyer immediately.

**Speak to a Galveston, TX Drug Possession Defense Lawyer Today**

Mark A. Diaz is a skilled drug possession defense attorney. We have extensive experience representing juveniles. If your teenager was charged with prescription drug possession, our legal team is here to help. To arrange a free, fully private consultation, please [contact us](/contact/) right away by calling (409) 515-6170. From our office location in Galveston, we serve communities throughout the region, including Jamaica Beach, Galveston Island, and Texas City.

**Categories:** Prescription Drugs

---

### [Expunging a Felony in Texas: An Overview of the Process](https://texascriminaljustice.com/expunging-a-felony-in-texas-an-overview-of-the-process/)

**Published:** April 15, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston Criminal Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/04/Mark-Diaz-1-Expunging-a-Felony-in-Texas_-An-Overview-of-the-Process_April2020.jpg "Galveston Criminal Defense Attorney")A felony criminal record can make it difficult to get a loan, an apartment, or even a job. Even without a conviction, a past or current felony arrest has the potential and almost certainly cause serious legal and personal problems. Fortunately, in Texas, there are options available to some that help either erase or seal a person’s criminal record.

An expunction allows a person to have a fresh start. It was designed for individuals who have been wrongly arrested or charged with a criminal offense. If granted, an expunction allows a person to deny that their arrest ever happened in the first place. Further, all government records of the arrest and the prosecution file that followed are completely destroyed.

This raises an important question: What criminal records can be expunged in Texas? In this article, our [Galveston expunction attorneys](/expungements/) explain what you need to know about the [expunction process in Texas](https://en.wikipedia.org/wiki/Expungement_in_Texas).

Texas lawmakers enact new laws and amend existing statutes quite frequently, but one legislative update in 2021 might have slipped under the radar if you do not follow the latest in criminal law topics, specifically the law surrounding expunctions in Texas. For those unaware, an expunction is a post-trial process that allows for the person who was arrested to petition to the court asking to delete any and all records of the arrest, making it inaccessible to the public going forward and even inaccessible to law enforcement.

Historically, the reach of the statute has been relatively limited and only applies to certain criminal defendants in very specific circumstances. With [recent changes to the Texas expunction law](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm#55.01), the reach is less limited, meaning more people can now be eligible to petition the court to wipe their criminal record clean.

Nonetheless, the newly expanded availability of [expunctions for criminal defendants after the law change](/early-impacts-from-the-new-texas-expunction-law/), unfortunately, does not make the process of petitioning the court and handling the case to the end any easier. There is nothing automatic about clearing your record, and the eligibility rules are still strict despite changes to the availability of the expunction statute. To prevent errors and omissions from affecting your future, it is smart to rely on [Texas expunction attorneys](/expungements/) for legal help. You can also review some basics about the new expunction law Texas passed in 2021.

## Felony Charges Without a Finding of Guilt Can Often Be Expunged

The ability to have your criminal record expunged is a creation of statute; meaning, a person does not have a constitutional right to have their record expunged. For this reason, to be eligible, a person must satisfy all the requirements set out in the expunction statute. With limited exceptions, you cannot get a felony expunged if you were convicted of the charge. However, if your felony charge did not lead to a conviction, you may be eligible for an expunction. Additionally, if there was a conviction but that case was later reversed, you may be able to get an expunction and satisfy the requirements as set out in the statute. Specifically, you may be able to get misdemeanor or felony records expunged in Texas if:

- The felony charge was dropped or dismissed without action;
- You went to trial and were acquitted of the offense;
- You were convicted of the charge, but later found to be innocent by a court; or
- You were pardoned of the offense.

Please note – if charges were dropped or if the case was never brought forward, you can only petition for an expunction after the statute of limitations or relevant waiting period has expired.

## Alternative Option: Petition for Non-Disclosure

As was mentioned, an expunction erases a person’s criminal record. While it is the best option when it is available, it is not the only option. Depending on the specific circumstances of your case, you may be eligible to petition for a non-disclosure of your criminal records – even if you are not eligible to apply for an expunction. A non-disclosure is simply the sealing of a criminal record. This operates much like an expunction, but it has one key difference – with a non-disclosure, your criminal records are not destroyed, so they still may be seen by any agent of the government. However, the public will not be able to access the information. In effect, this helps many people who, for example, are trying to get a job or an apartment because prospective employers or apartment agencies cannot access the criminal records and thus, will not use the information against you. Felony and misdemeanor cases may be eligible for a non-disclosure, but as with an expunction, there are specific requirements that must be met.

## We Can Help You Understand Your Options for Expungement

Navigating the expunction/non-disclosure process in Texas can be especially confusing because the law is constantly changing on the issue. If you are trying to understand your options, our Galveston criminal defense attorneys are more than happy to review your case and walk you through the expunction or non-disclosure process. We will let you know if you are eligible for either of these options – and if so, we will help you take action to get your records erased or sealed.

## Call Our Galveston, TX Felony Expungement Lawyers for Immediate Assistance

Mark A. Diaz is an experienced criminal defense attorney. We are committed to obtaining the best possible outcome for our clients. If you have any questions or concerns about an expunction or a non-disclosure, we are to offer guidance and support. To set up a no-fee, no-obligation assessment of your case, please [contact our law firm](/landing-form/) today at (409) 515-6170.

Mark Diaz & Associates is a Criminal Defense Law Firm Located in Galveston, Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, League City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

(Updated 7/22/2024)

**Categories:** Expungement

**Tags:** Expunging a Felony

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### [Understanding Court Terminology](https://texascriminaljustice.com/understanding-court-terminology/)

**Published:** May 20, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Understanding Court Terminology](https://texascriminaljustice.com/wp-content/uploads/2020/05/Mark-Diaz-1-Understanding-What-Your-Court-Order-Really-Means_May2020.jpg "Understanding Court Terminology")

Understanding court terminology can keep you from making serious mistakes. Unfortunately, in some cases, people run into issues because they do not understand the meaning or implications of certain court terminology as it relates to a criminal case. If you were arrested and charged with a crime, it is crucial you have the information you need to protect your rights. Here, our [Galveston criminal defense lawyers](/our-team/) define some of the key terms you may encounter with your or a loved one’s criminal case. If you have specific questions about the meaning of these terms, we strongly recommend you consult with an attorney.

**Your Guide to Court Terminology: Fifteen Terms Defendants Should Know**

As you navigate your way through the Texas criminal justice system, you will encounter several different terms and phrases you may not be familiar with or you may not fully understand. The law is technical. All legal terms have very specific meanings — and sometimes the meaning is not quite the same as common usage. Here are fifteen (15) important terms defendants should know:

- **Acquittal**: The verdict by the judge or the jury finding the accused “not guilty” of the crime in which they’ve been accused.
- **Arraignment**: An arraignment is a criminal proceeding in which the accused is informed of the charges and asked to enter an initial plea.
- **Bail/Bond**: Money, property, or some other asset that is given to the court as a security to ensure the accused returns to court for all scheduled court appearances.
- **Beyond a Reasonable Doubt**: The burden of proof that the State of Texas must prove in any criminal case to secure a guilty verdict.
- **Charge**: A charge is a formal allegation brought by the State of Texas against the accused whereby the State alleges the accused committed a specific crime.
- **Discovery**: The means by which evidence is transmitted by the State to the Defense.
- **Dismissal**: The removal, or dropping, of criminal charges against the accused.
- **Hearsay**: This refers to the testimony from a witness who did not actually observe the crime in dispute, but instead heard about it from somebody else. Generally, hearsay is inadmissible in court. However, there are limited exceptions that allow certain hearsay testimony into evidence.
- **Indictment**: A formal charge made by the Grand Jury. If the case is indicted, that means the Grand Jury found that there is sufficient evidence against the accused to proceed to trial.
- **Parole**: The supervised release of an inmate from prison after they have served a portion of their sentence. Not to be confused with probation.
- **Probable Cause**: A legal standard meaning there is enough evidence for an arrest.
- **Probation**: Probation is an alternative to jail — a defendant is released under the supervision of the court. Often, probation carries conditions, such as paying fines or submitting to drug testing.
- **Pretrial Conference**: A meeting between the Court, the prosecutor, and the defense attorney that takes place before trial where discussion take place regarding what evidence will be introduced at trial, what witnesses will be called, the date of the trial, etc.
- **Subpoena**: A court-issued order that commands a witness to appear in court and testify.
- **Voir Dire**: The process where a jury is selected by the Court and the lawyers.

The list is merely a sample of the legal terms you may find encounter. If you have any questions about the meaning or implications of any legal term, we can help. Our Galveston, TX defense attorney will make sure you understand your rights, your options and the situation you are facing.

**Call Our Galveston, TX Criminal Defense Attorney Right Away**

Mark A. Diaz is an aggressive, experienced criminal defense lawyer. We can help you understand how the criminal justice process operates. For a free, completely confidential case evaluation, please [contact our law firm](/contact/) today. We serve communities throughout Southeast Texas, including in Galveston, Texas City, La Marque, League City, Dickinson, Hitchcock, Webster and Santa Fe.

**Categories:** Criminal Defense Lawyer

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### [Overview of the Criminal Defense Process in Texas](https://texascriminaljustice.com/overview-of-the-criminal-process-in-texas/)

**Published:** August 12, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/08/Diaz-1-Starting-Your-Criminal-Case_-An-Overview-of-the-Criminal-Process-in-Texas_August2020-1.jpg "Diaz – 1 – Starting Your Criminal Case_ An Overview of the Criminal Process in Texas_August2020 (1)")

Being accused of a crime is stressful, frightening, and confusing, this is why you need to be informed on the criminal defense process in Texas. Even if you haven’t been arrested just yet, it is imperative you take immediate action. You do not want to fall behind law enforcement or the prosecution in defending your case. The sooner you get started building a defense against your criminal charge alongside an experienced attorney, the easier it will be to protect yourself and your rights. Here, our [Galveston, TX defense attorney](/) provides an overview of how criminal cases start in Texas.

**Understanding the Early Stages of the Criminal Defense Process in Texas**

1. **Investigation (Probable Cause)**

Before you can be arrested and charged with a crime, there must be probable cause. So, what does “probable cause” actually mean? Well, it’s a legal term that basically means something happened more probably than not. In some cases, there will be an extensive investigation before an arrest. If you or your loved one is being investigated for a potential crime, it’s incredibly important to be proactive and call a criminal defense lawyer. In other cases — such as most DWI cases — the arrest happens immediately after the allegation. Once you are arrested, you definitely need a lawyer.

2. **Arrest & Bail (Initial Appearance)**

After the investigation, if probable cause exists, then an arrest follows. Most of the time, a bail amount is set on the case allowing the accused to post bond while he or she awaits trial or a resolution on the case. In certain cases, bail can be denied by the judge but with an attorney, this could be changed and a bond amount set. Talk to one of our Galveston, TX defense lawyers for more information on this.

3. **Pretrial Hearings & Plea Bargaining**

There are many stages between arrest and a criminal trial. There may be multiple pre-trial conferences. Several issues will be addressed during these conferences. A lawyer will help you build a defense suitable for your specific case. If the charges are illegitimate or unsupported, an aggressive defense is needed. Unjust charges could be dismissed.

**Why You Should Call a Defense Attorney Immediately**

If you or your loved one has been arrested or accused, you need to consult with an experienced Texas criminal defense lawyer as soon as possible. Police and prosecutors waste little time in building their cases. With a top-rated Galveston criminal defense attorney on your side, you can be sure that:

- Any exonerating evidence will be collected and preserved;
- You will have a full understanding of your rights and options; and
- Your attorney will build a customized defense strategy — focused on getting you the best possible results.

If evidence proving your innocence is lost, you may never be able to find it. If you make an ill-advised or misworded statement to the police, you cannot take it back. If you do not act quickly, you may lose out on a plea deal, keeping you out of jail. Keep your options available. Consult with a lawyer right away.

**Schedule a Free Consultation With a Galveston, TX Defense Attorney**

Mark A. Diaz is an aggressive, results-focused criminal defense lawyer. Our mission is to get the best possible outcome for our clients. If you have any questions about starting your criminal case, we can help. For a free, strictly confidential initial consultation, please [contact our legal team](/contact/) right away. We represent defendants throughout Southeastern Texas, including in [Galveston](https://www.galveston.com/), Houston, Texas City, Sugar Land, Pasadena, Pearland, and League City.

**Categories:** Criminal Defense Lawyer

**Tags:** criminal defense process in Texas

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### [Do I Have to Take a Breathalyzer Test? An Overview of Texas Law](https://texascriminaljustice.com/do-i-have-to-take-a-breath-test-an-overview-of-texas-law/)

**Published:** March 18, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/09/Mark-Diaz-Do-I-Have-to-Take-a-Breath-Test_September2020.jpg "Mark Diaz – Do I Have to Take a Breath Test_September2020")

In Texas, it is unlawful to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. One of the common ways law enforcement officers measure a person’s blood-alcohol level is by administering a breathalyzer test. This raises an important question: Do I have to take a breath test? The short answer is no, but the issue is much more complicated than that. A refusal to take a breath test may not end the whole ordeal and it can come with negative consequences. In this article, our [Galveston DWI defense lawyers](/dwi-charges/) describe the most important things you need to know about your obligation to take a breath test in Texas.

**Texas Law: You Have Already Agreed to Take a Post-Arrest Breathalyzer Test**

Under Texas law ([Texas Transportation Code Sec. 724.011](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm)), every driver is deemed to have automatically ‘consented’ to a post-arrest breathalyzer test. This is often referred to as our state’s implied consent statute, this law requires that you take a breath test after you have been arrested on suspicion of intoxicated driving. However, despite this law, you may still refuse to take a breath test. But your refusal to take the test carries automatic administrative penalties that will affect your driver’s license.

**A Breath Test Refusal = An Automatic Driver’s License Suspension**

If you decline to take a breath test, you will face an immediate driver’s license suspension. This is an administrative civil matter and is independent of the criminal case. The length of the suspension will depend on whether or not you have any prior DWI-related criminal history. First-time offenders will be subject to a 180-day driver’s license suspension. But if an individual has any prior DWI history the period is lengthened to two (2) years.

You do have the ability to contest this suspension. Which is part of the reason why the first 15 days after an arrest, and breath test refusal, are some of the most critical in any DWI defense. This is the time frame in which you can challenge the suspension by requesting a hearing. This hearing, referred to as an ALR hearing, is an opportunity to try to keep your license from being suspended, but it also provides potential strategic value to the defense of the criminal case.

**Refusing a Breath Test is a Not a Surefire Defense Against a DWI Charge**

To convict a driver of a DWI offense, prosecutors must prove that the accused was operating a motor vehicle while intoxicated. The State can and will use whatever forms of evidence available to prosecute someone for a DWI offense, including video, a police officer’s testimony, or blood obtained by a search warrant. Although it is important to emphasize that a breath test is not necessary to prosecute and convict an individual for a DWI offense; the results of a breath test serve as a key form of evidence against someone accused. Without the results of a breathalyzer test, prosecutors will be forced to prove their case in a different way. A DWI attorney can help you build your defense against the State.

In this recent Facebook Live, Galveston DWI Lawyers Mark Diaz and Thomas Overhouse answer [common DWI questions](/most-common-questions-asked-by-potential-clients/) people have in Texas.

**Call Our Galveston, Texas DWI Defense Attorney for Immediate Assistance**

Mark A. Diaz is a top-rated Texas DWI defense attorney. Our law firm is committed to providing clients aggressive, effective representation. If you have questions about breath test refusals, we can help. To schedule a free, no-obligation review of your case, please [contact us](/contact/) today. We offer criminal defense services throughout the region, including in Galveston, Friendswood, Pearland, Texas City, Pasadena, and Missouri City.

updated March 18,2021

**Categories:** DWI defense attorney

**Tags:** Breathalyzer Test

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### [Collateral Consequences of Criminal Charges](https://texascriminaljustice.com/collateral-consequences-of-criminal-charges/)

**Published:** October 14, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/10/Mark-Diaz-1-Collateral-Consequences-of-Criminal-Charges_October2020.jpg "Collateral Consequences of Criminal Charges")

A criminal conviction can have serious collateral consequences for the alleged offender, both direct and indirect. The direct consequences are generally found within the state and federal criminal codes. They include things like prison time, mandatory probation, and/or fines. The indirect consequences are often referred to as collateral consequences and oftentimes, they cannot be quantified, and practically, they should not be overlooked.

According to the [National Criminal Justice Reference Service (NCJRS)](https://www.ncjrs.gov/pdffiles1/nij/grants/251583.pdf), collateral consequences are the additional legal sanctions or legal disabilities that flow out of the criminal conviction. In this guide, our top-rated [Galveston criminal defense lawyer](/mark-diaz/) highlights some of the potential collateral consequences of an arrest or conviction in Texas.

## **Consequences of a Criminal Charge in Texas**

The collateral consequences of a criminal conviction are chronically underappreciated and frequently misunderstood. Unfortunately, defendants in Texas have no legal right to be fully warned about these consequences before pleading guilty to an offense. These sanctions are often found in many different sections of state and federal codes. In some cases, the indirect consequences of a conviction are more disruptive and more severe than the actual criminal penalties. Here are the two broad categories of collateral consequences in Texas:

**Financial Options and Employment Opportunities**

A criminal conviction will likely have collateral consequences for your finances and your career. To start, Texas state law allows licensing boards to revoke or suspend professional licenses after certain convictions and sometimes, even just after an arrest. You could be barred from continuing in your position in Texas. Additionally, you could also face potential asset forfeiture. State or federal authorities may try to seize property that was allegedly associated with criminal conduct. Finally, a criminal record could make it challenging to get an apartment or a mortgage loan.

**Individual Rights and Privileges**

A criminal conviction could result in a temporary (or long-term) loss of your rights or privileges. One common example is an automatic driver’s license suspension. Certain offenses, such as DWI or an arrest and conviction for a drug offense, often carry a license suspension as a penalty. Another issue arises with Second Amendment rights. Certain criminal convictions will make you ineligible to purchase or possess a firearm. There may even be family law consequences. An assault family violence conviction could impair custody or visitation rights.

**The Bottom Line**

The collateral consequences of criminal arrests and/or convictions must be considered. A plea agreement that initially seems favorable may be far less beneficial when the full extent of the collateral consequences are considered. Do not give up your rights without speaking to a top Galveston, TX criminal defense lawyer. We will make sure that the collateral consequences of an offense are not overlooked and explained to you in detail.

**Schedule a Confidential Consultation with a Galveston Criminal Defense Lawyer**

Mark A. Diaz is an aggressive, experienced criminal defense specialist. We will devise a defense strategy that best protects your rights and interests, including protecting you from the collateral consequences of conviction or guilty plea. For a free and confidential review of your cases, please [contact our Galveston office](/contact/) right now. We proudly serve communities throughout Southeastern Texas, including in Texas City, Alvin, Pearland, Sugar Land, Pasadena, Baytown, and League City.

**Categories:** Criminal Defense Lawyer

**Tags:** criminal charges, criminal defense lawyer

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### [Cellphone Rights - What You Should Know About Illegal Police Searches](https://texascriminaljustice.com/cellphones-and-your-rights-illegal-police-searches/)

**Published:** November 4, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/11/Mark-Diaz-1-Cellphones-and-Your-Rights-Illegal-Police-Searches_November2020.jpg "Mark Diaz – Cellphones and Your Rights Illegal Police Searches")Your cellphone rights are protected by the Constitution. Under the [Fourth Amendment of the U.S. Constitution](https://www.law.cornell.edu/wex/fourth_amendment), you are protected against unreasonable searches and seizures by governmental authorities. With the amount of sensitive information typically contained on a person’s cell phone, naturally, it is one of the most important things to protect from an illegal police search.

You need to know when law enforcement can (and cannot) search your phone and what to do if your rights are violated. Here, our [Galveston criminal defense lawyers](/) explain the most important things you should know about cell phone rights and your privacy rights.

## **Know Your Cellphone Rights: When Police Can (and Cannot) Search Your Cellphone in Texas** 

Cell phones have become an essential part of our daily lives. You can learn an enormous amount of sensitive personal information about someone by looking through their phone. It’s not surprising that police officers often try to get people to waive their constitutional privacy rights and hand over their phones for inspection.

With that being said, it’s important to understand that you and your personal cellphone rights are protected under the Fourth Amendment. You have constitutional privacy protections against unreasonable searches and seizures. The highest criminal court in the State of Texas has ruled that you have a reasonable expectation of privacy to the contents of your cell phone. Because of this, to lawfully search a cell phone in Texas, police officers must obtain a warrant from a judge before searching your phone. There are two exceptions to this rule. The first exception is if they gain valid consent from you to search it, or in other words, you waive your constitutional right. The second exception is if there are exigent circumstances present, which is a legally technical term that generally means that there is an imminent risk of the relevant content on your phone being destroyed.

A police officer may casually ask you to unlock your phone so that they can look through it. Do not give them permission and let them do this, this is a violation of your cellphone rights. You have no obligation to let an officer look through your phone. If you do, you are essentially consenting to them searching it in its entirety., and thus, an otherwise illegal search may be permissible under one of the exceptions mentioned above. By consenting to a search, you will undermine the Fourth Amendment protections you have under the constitution.

### **My Phone Was Illegally Searched — What Happens Now?** 

Unfortunately, despite clear legal protections for cell phones, some police officers still cross the line. Illegal cellphone searches are and will continue to be a problem in Texas. If your phone was unlawfully searched by the police, you should call a Galveston criminal defense attorney right away. You have legal remedies available. Do not try to physically stop an officer from going through your phone yourself. Doing so will almost certainly result in additional charges being placed on you by the officer.

Instead, your remedies are best exercised in the courtroom. A lawyer can file a motion to suppress any and all illegally obtained evidence. Evidence that comes out of an illegal search or an illegal seizure can be and should be excluded from a criminal trial against you. Without the illegally obtained evidence, the prosecution’s entire case may fall apart or come up short. Furthermore, in some situations, criminal charges could be completely dropped simply because, without the illegally obtained evidence, the State now lacks the admissible evidence which is essential to move forward.

### **Call Our Galveston Criminal Defense Lawyer for Immediate Legal Help** 

Mark A. Diaz is an aggressive, effective, and reliable criminal defense attorney. Our law firm will protect your rights. If you have any questions about cell phones and police searches, we are more than ready to help. For a free case evaluation, please [contact our Galveston office](/contact/) now. We defend people throughout all Southeast Texas, including Galveston, Texas City, La Marque, League City, Santa Fe, Hitchcock, Clear Lake, Pearland, Pasadena, Baytown, Sugar Land, and Houston.

**Categories:** Cell Phone Rights

**Tags:** cell phone rights

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### [Consequences of Violating Probation](https://texascriminaljustice.com/consequences-of-violating-probation/)

**Published:** December 11, 2020
**Author:** Mark Diaz &amp; Associates

**Content:**

![Violating Probation in Texas](https://texascriminaljustice.com/wp-content/uploads/2020/12/Violating-Probation-in-Texas.jpg "Violating Probation in Texas")In Texas, probation is often referred to as “community supervision” but the consequences of violating probation can be severe. Under state law ([Code of Criminal Procedure Art. 42A.001](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm)), community supervision is defined as an alternative to incarceration during which an offender can live in the community, in lieu of going to jail, and make restitution (if any) for misconduct. Defendants placed on probation must abide by the terms of their probation as set by the court. Failure to do so may result in stiff consequences, including going to jail. In this article, our [Galveston criminal defense lawyer](/) provides an overview of the potential consequences of violating probation in Texas.

## **Know the Two Types of Probation Violations**

As a starting point, it is important to emphasize that there are different types of probation violations. In Texas, violating probation falls into two broad categories: ***Technical violations*** and ***new law violations.***

A technical violation means that a person is alleged to have breached one of the specific terms of their individual community supervision. For example, when on probation, defendants are often required to pay costs and/or fines. Failure to make these payment arrangements could trigger a technical probation violation.

A new law probation violation occurs when a person is arrested on another subsequent offense while they are still on probation for the original offense. As a rule, community supervision in Texas requires individuals to avoid engaging in any future criminal conduct. A new arrest while already on [probation for another case will almost certainly violate](/why-violating-probation-is-always-a-bad-idea/) an individual’s probation.

### **A First-Time Probation Violation Could Lead to Jail Time**

Texas takes probation violations very seriously. Here, a first-time probation violation could be grounds for an immediate arrest. In other words, the State could file a motion to revoke your probation and if so, assuming the court signs off on it, then a warrant will go out for your arrest on the probation violation. While this certainly does not occur in every circumstance, it is something that you need to be prepared for and ready to defend. Probation violations are handled under a preponderance of the evidence standard — a much lesser standard of proof than the beyond a reasonable doubt standard that usually applies. Simply put, the preponderance of the evidence standard makes it much easier for the State to prove you violated your probation.

### **Consequences Depend on Your Case and the Nature of the Violation**

Ultimately, the specific consequences of a probation violation will depend both on the nature of the alleged violation and your history of misconduct while on probation, or lack thereof. Here is the most important thing that you need to keep in mind: ***A probation violation is not going to go away on its own.*** The sooner you take action to rectify the problem, the easier it will be to find a solution. A Texas criminal defense lawyer will protect your rights and help you resolve the matter at the lowest possible level.

### **Call Our Galveston Probation Violation Attorney for Immediate Help**

Mark A. Diaz is an aggressive, solutions-focused criminal defense lawyer. We have successfully resolved cases for more than 20 years. If you or your loved one is facing a possible or current probation violation, we are here to help. [Contact us](/landing-form/) now for a completely confidential case evaluation.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Violating Probation

**Tags:** Criminal Defense Attorney, Violating Probation

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### [Drug Possession Charges in Texas and Their Cost](https://texascriminaljustice.com/drug-possession-charges-in-texas-and-their-cost/)

**Published:** January 14, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Possession Charges in Texas](https://texascriminaljustice.com/wp-content/uploads/2020/12/Drug-Possession-Charges-in-Texas.jpg "Drug Possession Charges in Texas")In Texas, drug possession is a serious criminal offense. Texas has some of the most stringent drug laws in the entire country. If you are arrested on [Galveston drug possession](/drug-possession/) charges, you may be facing significant penalties, potentially including jail time. The true cost of a conviction is even higher than most people realize. Here, our Galveston criminal lawyer provides an overview of drug possession charges and their true total cost in Texas.

## Texas Drug Possession Laws: What You Need to Know

Under the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), it is unlawful to possess a banned substance (illegal drug) without valid authorization. In Texas, drug offenses — and drug possession penalties — fall into five (5) broad categories:

1. **Penalty Group 1**: The most serious category, this group includes dangerous and addictive substances such as opioids, heroin, and cocaine.
2. **Penalty Group 2**: For slightly less dangerous drugs, including ecstasy (MDMA) and amphetamines,
3. **Penalty Group 3**: Many depressive and stimulants fall into this group, such as benzodiazepines and Ritalin.
4. **Penalty Group 4**: Finally, the least serious drugs fall into this group, which is the least serious classification in Texas.
5. **The Exception**: Currently, marijuana possession is handled outside of the traditional penalty groups. However, many prosecutors aggressively pursue marijuana possession charges.

The financial costs associated with a [drug charge](/what-you-need-to-know-about-drug-charges-and-sentences-in-texas/) vary based on several factors, the most important being the classification of the drug and the amount that was allegedly possessed by the defendant. Penalty Group 1 substances carry the most severe criminal penalties, including the greatest fines.

## Drug Possession Charges in Texas: Know the True Cost of a Conviction

The true cost of a conviction for drug possession in Texas is often far higher than the stated statutory penalty. For example, imagine a defendant was charged with possessing less than one (1) gram of a Penalty Group 1 drug, such as methamphetamine. Under Texas law, the maximum fine for this offense cannot exceed $10,000. In many cases, prosecutors seek lower financial penalties than that.

However, the [collateral consequences of a criminal charge](/collateral-consequences-of-criminal-charges/) can be far higher. You may lose out on job opportunities, have your professional license suspended, lose your clean record, and even spend time behind bars. The long-term costs may far exceed any direct fine imposed by the State of Texas. It is imperative you work with a criminal defense lawyer who will help protect you from the long-term, adverse ramifications of a drug possession offense.

## Were You Arrested on Drug Possession Charges in Texas?

Our criminal lawyers can help. Mark A. Diaz is an experienced drug crime defense attorney. If you or your loved one is facing possession charges, we are more than ready to take aggressive action to protect your legal rights. [Contact us](/contact/) now for a completely confidential initial case evaluation. With a law office in Galveston, our firm handles drug possession charges in Galveston and throughout all Southeastern Texas.

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Attorney, Drug Possession

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### [Texas Cannabis Laws – How Harsh Are The Penalties?](https://texascriminaljustice.com/texas-cannabis-laws-how-harsh-are-the-penalties/)

**Published:** February 4, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas Drug Manufacturing Laws](https://texascriminaljustice.com/wp-content/uploads/2021/02/Texas-Drug-Manufacturing-Laws.jpg "Texas Drug Manufacturing Laws")

## What You Need To Know About Texas Cannabis Laws

Cannabis laws in Texas are harsh – even though it is a popular recreational drug despite the fact that it is classified as a prohibited “controlled substance” under federal and [Texas state law](https://statelaws.findlaw.com/texas-law/texas-marijuana-laws.html). In recent years, a number of states have moved to decriminalize marijuana possession and/or allow possession of small amounts of cannabis for medicinal or even recreational purposes. For Texas, marijuana remains strictly illegal, with a couple of narrow exceptions to be detailed later herein.

If you are caught possessing, growing, selling, cultivating, or otherwise distributing marijuana in Texas, you may and likely will be facing criminal charges. How severe a charge is will depend on the amount and circumstances of your arrest. In this article, we will briefly explain the various degrees of marijuana-related criminal offenses in Texas and the penalties you could face at each level.

## What Is Simple Possession of Cannabis In Texas?

At the lowest end of the criminal justice scale under Texas cannabis laws are offenses for simple possession of marijuana. Here, we are basically talking about someone caught with 2 ounces or less of cannabis. As you will see, weight is often the most critical factor in determining the harshness of a sentence for marijuana-related crimes in Texas.

If a person has 2 ounces or less of marijuana, they face a Class B misdemeanor charge for drug possession. This is essentially one step above a traffic violation. It does carry the possibility of jail time–up to 180 days or roughly 6 months–and a fine that cannot be more than $2,000.

If the person has between 2 and 4 ounces of marijuana, they face a Class A misdemeanor charge, which is the highest degree of non-felony criminal offense in the Texas Penal Code. The maximum penalties here are basically double that of a Class B misdemeanor: Up to 1 year in jail and a fine not to exceed $4,000.

## Felony Possession Of Cannabis In Texas?

Once you get above 4 ounces of cannabis, you have moved squarely into felony territory. One reason for this is that state law assumes that anyone possessing a greater quantity of marijuana is not doing so for recreational or medicinal purposes–but rather because they plan to distribute cannabis to others.

In Texas, there are four degrees of felonies. The lowest degree is what is known as a “state jail felony.” This carries a sentencing range of between 180 days and 2 years in prison and a fine of up to $10,000. For cannabis possession, the amount of marijuana involved at this level falls between 4 ounces and 5 pounds.

At the next level, a third-degree felony, a defendant faces between 2 and 10 years in prison. The weight range for third-degree felony cannabis possession is between 5 and 50 pounds.

Moving one step up to a second-degree felony, you are looking at up to 20 years in prison if a defendant is caught with between 50 and 2,000 pounds of marijuana. The maximum possible jail sentence here is 20 years. It should also be noted that second and third-degree felony drug possession carry the same maximum fine of $10,000 as a state jail felony.

Finally, if a defendant has more than 2,000 pounds of cannabis, Texas considers that a first-degree felony punishable by between 5 and 99 years in prison–essentially a life sentence and a potential fine not to exceed $50,000.

## What Is Cannabis-Related Paraphernalia?

It is also possible to be criminally prosecuted, convicted, and sentenced for possession of certain items classified as “drug paraphernalia.” With respect to marijuana, such paraphernalia can include papers and splints used to roll marijuana joints, pipes, bongs, and even grinders used to break up the cannabis plants.

Fortunately, possession of drug paraphernalia will not, in and of itself, land you in prison in most cases. Simple possession of [drug paraphernalia is only a Class C misdemeanor charge](/what-you-need-to-know-about-drug-charges-and-sentences-in-texas/) under Texas law. This carries no jail time but it may result in a fine of no more than $500. Nonetheless, the charge can remain on your record indefinitely if not handled properly with a lawyer’s help.

## Is Medical Cannabis Legal In Texas?

In 2015, the Texas legislature adopted a highly restricted medical cannabis law. This removes criminal penalties for cannabis possession for certain “qualified patients.” To be clear, this exemption from the regular marijuana laws is quite limited and in fact, does not allow individuals to cultivate or possess their own marijuana.

What Texas law actually says is that patients with certain medical conditions may obtain a doctor’s prescription for what is known as low-THC cannabis oil. THC refers to the active ingredient in cannabis. Under Texas law, a doctor can only prescribe oils that contain no more than 0.5 percent THC. In practice, many doctors will not even write such prescriptions, as cannabis remains a controlled substance under federal law, and physicians risk losing their DEA licenses if they agree to give patients even low-THC cannabis oil.

The original 2015 law further restricted low-THC cannabis oil prescriptions to patients with epilepsy. In 2019, the legislature agreed to expand the law to cover several other qualifying conditions, including Alzheimer’s disease, ALS (Lou Gehrig’s disease), multiple sclerosis, and terminal forms of cancer.

## Can Prosecutors Decline to Bring Charges On Cannabis Possession Cases?

You may have read that certain Texas counties have decided to stop charging simple cannabis possession cases. This is somewhat true, but it is important to understand exactly what has taken place. Officials in some localities, notably Harris County and the City of Austin, have altered their enforcement policies to avoid bringing criminal charges against individuals caught with 2 ounces or less of cannabis. But this is not a repudiation of existing state or federal law on the subject. These are merely policies designed to guide local law enforcement in the localities in which they operate.

In Harris County, for instance, the District Attorney there announced a new policy upon taking office in 2017 creating a “Medical Marijuana Diversion Program.” This program allows some persons who would otherwise face arrest and possible jail time to complete a series of classes instead. This program is only available in Class A or Class B cannabis possession cases where the person is not charged with other crimes arising from the same detention. After successful completion of the program, a person has the ability to have their case dismissed.

That being said, if you have been arrested in Galveston County or any other Texas jurisdiction, you cannot assume you will receive such lenient treatment. Each Texas locality enforces cannabis possession laws in its own way. So, what may not be a big deal in one county can easily become a felony charge in another.

## How Do You Defend Cannabis Possession Charges?

If you have been arrested for cannabis possession, it is critical that you contact an experienced [Galveston criminal defense attorney](/drug-possession/) that knows Texas cannabis laws as soon as possible. Especially if you are facing possible jail time, an attorney can fully investigate the circumstances of your case and advise you on possible defenses, which may include the following:

- The police officer who detained you for cannabis possession lacked a “reasonable suspicion” to stop you in the first place.
- Even if the officer had reasonable suspicion to detain you, they lacked “probable cause” to search you or your vehicle for drugs without a warrant or your consent.
- Any drugs allegedly found on you were not properly documented or preserved for use as evidence.
- At trial, the prosecution cannot prove certain key elements of their case, such as the actual amount of cannabis involved.

If you need legal representation in connection with any criminal drug matter, contact Mark Diaz today at (409) 515-6170 to schedule a free confidential consultation.

**Categories:** Drug Possession Defense Attorney

**Tags:** cannabis laws, cannabis possession

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### [How Common Are False Charges In Domestic Violence Cases?](https://texascriminaljustice.com/how-common-are-false-charges-in-domestic-violence-cases/)

**Published:** February 10, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Domestic Violence False Charges](https://texascriminaljustice.com/wp-content/uploads/2021/02/Domestic-Violence-False-Charges.jpg "Domestic Violence False Charges")

## False Domestic Violence Charges Are Not Uncommon

Every relationship has its ups and downs. Even happy, long-term marriages include a certain amount of disagreements and fighting. But when a relationship breaks down, it can lead to more serious conflicts, including allegations of domestic violence.

We all know domestic violence is a serious problem. Here in Texas, the most recent figures from the [Department of Public Safety](https://www.dps.texas.gov/crimereports/18/citCh5.pdf) indicate there are nearly 200,000 reported “incidents” of domestic violence annually. Most of these incidents were assaults committed against women. But domestic violence can affect people of all genders and status.

At the same time, it is also important to understand that false charges of domestic violence are not uncommon. Laws are written and enforced in such a manner as to favor accusers over defendants. In a very real sense, domestic violence allegations can turn the table on our constitutional system of justice. That is to say, while every defendant is entitled to a constitutional presumption of innocence until proven guilty, we see far too many cases where prosecutors and police force an accused domestic abuser to “prove” their innocence.

So what are the causes of false charges in domestic violence cases? And what can you do if you find yourself the victim of such allegations? First, let’s review what we mean when we talk about “domestic violence” in a legal context and then address how and why someone might try and pursue false charges.

### Family Violence in Texas

Although many states use the term “domestic violence,” Texas law actually refers to it as “family violence.” This also does not refer to a single crime. Rather, it is a category of criminal offenses involving a spouse or another person in a family or intimate relationship with the defendant.

The most common family violence charge we see here in Texas is domestic assault. This involves a violent act against a family member, household member, or a past or current “dating partner.” The Texas Penal Code defines assault as any of the following actions:

- The defendant intentionally, knowingly, or recklessly caused bodily injury to another person.

- The defendant intentionally or knowingly threatened another person with imminent bodily injury.

- The defendant intentionally or knowingly caused physical contact with another person when the defendant knew (or should have reasonably believed) that the victim would regard the contact as offensive or provocative.

In short, it is possible to commit assault merely through verbal actions that make the accuser feel that bodily harm is imminent. Similarly, incidental physical contact may be interpreted by the victim as “assault” and used as the basis for a domestic violence charge, even when the defendant had no such intentions.

Assault is normally prosecuted as a Class A misdemeanor in Texas. But if the defendant has at least one prior domestic assault conviction, any subsequent domestic assault charge can be tried as a third-degree felony. If you are wondering about the practical difference between the misdemeanor and felony domestic assault charge, here it is: A Class A misdemeanor means a jail term of no more than 1 year, while a third-degree felony has a minimum prison sentence of 2 years–and a maximum possible term of 10 years.

In addition to domestic assault, there is a separate offense known as aggravated domestic assault. The key difference between regular assault and the “aggravated” kind is that the defendant used or exhibited a deadly weapon, such as a firearm, or intentionally caused “serious” bodily injury to the victim. Texas considers any form of aggravated assault as a second-degree felony, and in some aggravated domestic assault cases, it can even be tried as a first-degree felony, meaning the defendant faces the possibility of life in prison.

## What Are Some Common Reasons for Making False Domestic Violence Charges?

Now that you understand the basics of Texas domestic violence law, let’s turn to the main question: Why would someone make a false allegation of domestic violence?

Perhaps the most obvious scenario for such false charges is a hotly contested divorce or child custody dispute. Parents often file–or simply threaten to file–domestic violence charges with police in an attempt to gain an “upper hand” in resolving outstanding marital issues. Indeed, false domestic violence charges can be a powerful weapon in child custody battles.

One thing to keep in mind here is that even if no criminal charges are ever filed, a party can use the civil court system to obtain domestic violence protective orders. In Texas, judges and magistrates can issue emergency and temporary protective orders without even giving the accused person an opportunity to defend themselves. So merely alleging domestic violence can lead a judge to order the defendant to stay away from their spouse, children, or dating partner–even if that forces the defendant to leave a shared home. And any violation of the order, even by accident, can lead to criminal charges.

Even when children are not involved, false domestic violence allegations may simply be used by a spouse to obtain a more favorable settlement with regard to marital property or alimony. Perhaps the accuser simply wants to keep the house after the divorce. Or maybe they think that if they get a protective order, that will scare their estranged partner into agreeing to their spousal support demands.

In other cases, false domestic violence charges may simply be an act of revenge. Maybe they feel they were mistreated during the relationship and think branding them as a “domestic abuser” in the courts and the public eye will bring them some sort of satisfaction. Oftentimes, accusers do not stop to think about the actual long-term consequences of their actions.

Of course, you might be asking yourself, “Isn’t it a crime to file false charges against another person?” The short answer is yes, it is. Unfortunately, police and prosecutors are typically reluctant to go after individuals who deliberately make false domestic accusations. Nobody wants to be seen as “soft” on domestic violence, and there is often a fear that prosecuting false accusers might discourage other, legitimate victims from coming forward.

## What Should You Do When Falsely Accused of Domestic Violence?

So if you are falsely accused of domestic assault or a similar charge, it is up to you to defend your good name and your freedom. The first thing you should do is hire an experienced [Galveston County domestic violence defense attorney](/domestic-violence/) to provide you with skilled legal advice and representation.

We know that many people are quite reluctant to even speak with a lawyer in these situations. They often think that hiring an attorney makes them “look guilty.” But the reality is you are dealing with a stacked deck in a domestic violence case. The police and the district attorney’s office are almost always on the accuser’s side. They are not going to give you a “fair shake” or simply accept your pleas of innocence.

More to the point, the state knows how to pressure defendants without representation into [accepting harsh plea deals](/why-you-should-never-accept-a-plea-deal-without-a-lawyer/) that often include significant jail time and probation. They know that even falsely accused people may agree to such terms in order to avoid the further public humiliation of a trial.

Working with an experienced attorney can also prevent you from making mistakes that may only land you in deeper trouble. One common mistake people make when falsely accused of domestic violence is to confront the accuser directly. In doing so, they might make threats or engage in other acts that in themselves may be construed by the prosecution as domestic violence. And if a criminal charge is already pending–or a protective order remains in effect–the prosecution might view such confrontations as an attempt at criminal witness tampering.

## What Are the Defenses to False Domestic Violence Charges?

Every case is different, and an attorney can advise you on the best defenses available for your situation. But broadly speaking, here are some of the more common defense strategies:

- The accuser’s testimony is simply unreliable. When an accuser intentionally makes false charges out of spite or to gain an advantage in a divorce or child custody case, they often give inconsistent stories to police and prosecutors. Any such inconsistencies can be used to “impeach” the accuser’s credibility should the case go to trial.

- In cases where there was physical contact between the defendant and the accuser, the defendant can show they were acting in self-defense or in defense of their children.

- There is simply insufficient evidence to support the prosecution’s case. Sometimes the accuser will recant and refuse to testify in court (and thus under penalty of perjury). In other cases, a specific element of a domestic assault charge cannot be proven beyond a reasonable doubt; for example, there is no proof of any “bodily injury” to the accuser.

## Contact An Experienced Galveston County Domestic Violence Defense Lawyer

Once again, [every domestic violence case presents a different set of facts](/three-steps-to-take-if-youve-been-charged-with-domestic-violence/). So it is critical to consult with an experienced Galveston criminal defense attorney who can review your case and provide you with more tailored advice. If you need to speak with a [Galveston County domestic violence lawyer](/domestic-violence-lawyer/), call the offices of Mark Diaz today at (409) 515-6170.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal Defense Lawyer

**Tags:** domestic violence, false domestic violence charges, family violence

---

### [What You Need To Know About Drug Manufacturing Laws In Texas](https://texascriminaljustice.com/what-you-need-to-know-about-drug-manufacturing-laws-in-texas/)

**Published:** February 18, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas Drug Manufacturing Laws](https://texascriminaljustice.com/wp-content/uploads/2021/02/Texas-Drug-Manufacturing-Laws-1.jpg "Texas Drug Manufacturing Laws")

## What Are Drug Manufacturing Laws In Texas?

It is one thing to get arrested for possessing a couple of marijuana joints. But it is quite another to be charged with a drug manufacturing crime. Under both federal and Texas state law, you can face severe penalties if prosecutors can prove you engaged in activities related to the manufacturing of certain controlled substances, i.e., illegal drugs.

Drug manufacturing is one of the most broadly defined criminal offenses in Texas. In other words, police need not catch you actively making crystal meth in an underground lab before they arrest you. Drug manufacturing can include something as seemingly simple as purchasing ingredients commonly used in producing illegal drugs, such as the over-the-counter decongestant pseudoephedrine. Indeed, in many cases, prosecutors will charge people they believe to be lower-level participants in a drug manufacturing operation in the hopes of convincing them to “flip” on the alleged ringleaders.

But even if you had no knowledge or role in any drug manufacturing activity, you still need to take the charges seriously. Never assume that if you “just cooperate” with the police the problem will go away. Drug manufacturing is one of the most strictly prosecuted crimes in Texas, and the police and prosecution will use every available tool at their disposal to secure a conviction. That is why it is critical for you to understand your rights in a drug manufacturing case and learn about what steps you can take to defend yourself against such charges.

## How Does Texas Regulate Controlled Substances?

You probably already know it is against the law to possess certain drugs such as marijuana, cocaine, and methamphetamine. In legal terms, these are called “controlled substances.” Basically, a controlled substance is any drug that the government has determined to have a detrimental effect on a person’s well-being. In some cases, a controlled substance may be medically useful but also highly addictive. In others, a controlled substance may simply be deemed too harmful to ever have a valid medical or scientific use.

Of course, not all controlled substances are treated the same. Federal and state law actually relies on a complex classification system for these drugs. The [full schedule of controlled substances]() is too long to list here. But essentially, Texas law divides controlled substances into four main “penalty groups,” which can be broadly described as follows:

- **Penalty Group 1** includes opiates, such as cocaine, heroin, and methamphetamine. There is also a subgroup, Penalty Group 1-A, reserved for LSD.
- **Penalty Group 2** includes many commonly used hallucinogens (aside from marijuana) and substances that act as a depressant on the body’s central nervous system.
- **Penalty Group 3**, conversely, includes controlled substances designed to be used as a stimulant, such as codeine, peyote, barbiturates, and anabolic steroids.
- **Penalty Group 4** includes narcotics with at least one non-narcotic active ingredient.

Within each Penalty Group, the degree of criminal offense and potential sentence depends primarily on the amount of controlled substances involved. For instance, manufacturing less than 1 gram of a Penalty Group 4 controlled substance is a state jail felony, while the manufacture of more than 400 grams of a Penalty Group 1 drug is punishable by life in prison.

If you are arrested for drug manufacturing, prosecutors will tell you the specific degree of a misdemeanor or felony charge you face. As a general guideline, here are the different levels of criminal offenses under the Texas Penal Code:

- **Class B misdemeanors** represent the lowest type of drug manufacturing charge. A conviction carries a jail term of no more than 180 days. In addition, the court may fine a defendant up to $2,000.
- **Class A misdemeanors** are the highest non-felony charge in Texas. The penalties are basically double that of a Class B misdemeanor. So if convicted of drug manufacturing under a Class A misdemeanor charge, the defendant faces up to 1 year in jail and/or a $4,000 fine. By default, if a drug manufacturing case involves a controlled substance that is not expressly included in any of the four Penalty Groups, it is prosecuted as a Class A misdemeanor by default.
- **State jail felonies** are the lowest level of felony charge in Texas. A felony is basically any crime for which the defendant faces more than one year in prison if convicted. Specifically, a state jail felony has a sentencing range of between 180 days (6 months) and 2 years and a fine of up to $10,000.
- **Third-degree felonies** carry a minimum prison term of at least 2 years–and as many as 10 years. As with a state jail felony, the court may also impose a fine of up to $10,000.
- **Second-degree felonies** also have a minimum prison term of 2 years. But the maximum sentence is doubled to 20 years. The maximum fine at this level remains $10,000. Keep in mind, manufacturing as little as 2 grams of a Penalty Group 1 drug like meth can trigger a second-degree felony charge.
- **First-degree felonies** are the most severe non-capital charge available under Texas law. A defendant convicted of such a felony faces between 5 and 99 years in prison (plus the $10,000 fine). Additionally, many first-degree drug manufacturing cases provide for higher minimum sentences based on the quantity of drugs involved. Manufacturing more than 400 grams of a Penalty Group 1 controlled substance, for instance, carries a minimum term of 15 years to life and a fine of up to $250,000.

## What Activities Are Considered Drug Manufacturing?

The actual definition of drug manufacturing is quite expansive. [Section 481.001 of the Texas Health and Safety Code](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.112), the state’s controlled substances law, defines manufacture as “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.”

The key thing to understand from this definition is that you can be charged with drug manufacturing if you participated in any stage of the process of creating a drug. This can mean obtaining the ingredients to make a controlled substance, working in an illegal meth lab where it is produced, or even just placing individual units of a previously manufactured drug into plastic bags for distribution. Especially in cases where the police have raided a suspected illegal drug lab, they are likely to arrest everyone present and charge them with drug manufacturing without taking the time to figure out each suspect’s precise role in the operation.

## How Can I Defend Myself Against a Drug Manufacturing Charge?

Just because you are arrested and charged with drug manufacturing, that does not always mean the prosecution has enough evidence to make those charges stick. Depending on the unique facts and circumstances of your drug manufacturing case, you may have a number of defenses available to you. Here are just a few examples of defenses we have used in prior cases:

- You lacked knowledge of any drug manufacturing activities. By their very nature, illegal drug labs tend not to operate in the open. They are often hidden away in basements or garages, often without the knowledge of other residents or the property’s owner. If you genuinely had no knowledge of any drug manufacturing, that can be enough to get criminal charges dismissed in court.
- Police do not always follow proper procedures when busting a suspected drug lab. Remember, the Constitution offers protections for citizens regarding police conducting a search of private property without the owner’s consent. This means that any evidence of drug manufacturing uncovered during an illegal search is inadmissible against you in court.
- It is not uncommon for people to face false accusations of drug manufacturing. Perhaps the real culprit decides to try and shift blame onto you to get out of trouble. Or you may be simply the victim of incorrect eyewitness identification.
- As explained earlier, the severity of a drug manufacturing charge hinges on the amount of controlled substances involved. The burden of proof is on the prosecution to prove the quantities of drugs present. If the evidence is shaky on that point, it may force prosecutors to reduce or dismiss the charges altogether.
- Interestingly enough, it is possible to beat a drug manufacturing charge if you can show that the controlled substance at issue was never intended for human consumption. For example, if you are caught producing hand sanitizer, which contains alcohol, you probably would not be charged with drug manufacturing under Texas law, as that is not a product designed to be consumed internally. (Of course, you may still be charged with violating FDA regulations.)

This is only a brief overview of some of the potential defense strategies available in a drug manufacturing case. A qualified [Galveston drug manufacturing defense attorney](/drug-manufacturing/) can review the facts of your specific case and advise you on the best course of action. Contact Mark Diaz today at (409) 515-6170 to schedule a free consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** drug manufacturing

---

### [What Federal Charges Are People That Stormed The United States Capitol Facing?](https://texascriminaljustice.com/what-federal-charges-are-people-that-stormed-the-united-states-capitol-facing/)

**Published:** March 4, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Federal Criminal Defense](https://texascriminaljustice.com/wp-content/uploads/2021/03/Federal-Criminal-Defense.jpg "Federal Criminal Defense")

## Many That Stormed The Capitol Are Facing Federal Charges

On Jan. 6, 2021, a mob stormed the United States Capitol building in an attempt to prevent the certification of the 2020 presidential election. At least 5 people died during the attack, including a police officer, and more than 140 other officers were injured. There was also a significant amount of property damage done to the Capitol and its offices.

As of early February 2021, nearly 200 people have been charged with federal crimes connected to the Capitol riots. [Michael R. Sherwin, the interim United States Attorney](https://www.justice.gov/usao-dc/meet-us-attorney) for the District of Columbia, has said that some of the rioters may ultimately be charged with “seditious conspiracy” or “insurrection.” But so far, most of the criminal cases filed involve more common charges like assault and weapons offenses.

Here is a breakdown of some of the federal crimes that have already been charged in the aftermath of January 6, as well as an explanation of some of the charges that may be filed going forward.

### Federal Prosecutors in Washington Have Already Charged at Least 40 People

The [U.S. Attorney charged one man](https://www.justice.gov/opa/pr/thirteen-charged-federal-court-following-riot-united-states-capitol) Jan. 8 with “making interstate threats” against Nancy Pelosi, the Speaker of the House of Representatives. This refers to a criminal offense defined in 18 U.S.C. § 875, which makes it an offense to “transmit in interstate commerce” any “communication” that contains a “threat to injure the person of another.” If convicted, the person charged in this case faces a fine and a maximum prison sentence of 5 years.

Another individual, the one famously seen sitting in Speaker Pelosi’s office with his feet up on her desk–faces federal charges of “knowingly entering or remaining in any restricted building or grounds without lawful entry.” This refers to 18 U.S.C. § 1752, which defines a restricted area as one where “a person protected by the Secret Service” is currently visiting. Presumably, this charge was applied due to the presence of then-Vice President Mike Pence at the Capitol, who was presiding over the certification of the election results when the riot broke out. If convicted, this particular individual faces a fine and up to 1 year in prison on this specific charge.

As noted above, many other individuals were brought up on weapons-related charges. For example, a Maryland man was charged with “carrying or having readily accessible, on the grounds of the United States Capitol Building, a firearm, and ammunition. Specifically a Taurus G2C, 9mm handgun and 9mm caliber ammunition.” Keep in mind that unlike Texas, the District of Columbia has much stricter laws governing the possession and carrying of firearms. In addition, there are laws preventing individuals from carrying weapons inside the Capitol building itself, even if they are properly registered under state law.

**Unlawful Activities in the Capitol**

Most of the remaining persons charged to date in connection with January 6 are facing some form of “disorderly conduct” or “unlawful activities” charge. These cases generally fall under 40 U.S.C. § 5104, which govern “unlawful activities” in and around the Capitol building itself. Some of the unlawful activities covered by this section include:

- Engaging in any act of physical violence inside the Capitol, including assault and making threats of bodily harm
- Carrying dangerous weapons, including firearms, certain types of knives, and explosives
- Obstructing the roads that provide access to the Capitol building
- Injuring the property of the Capitol, e.g., climbing on its walls or damaging its architectural features in any way
- Willfully and knowingly entering the chamber of the Senate or the House of Representatives, or their respective public galleries, without authorization
- Remaining in any room of the Capitol “with the intent to disrupt the orderly conduct of official business,” such as the certification of the presidential election
- uttering “loud, threatening, or abusive language” inside the Capitol, again where the intent is to disrupt the orderly conduct of congressional business

**Sedition and Insurrection**

Many news reports have described the events of January 6 as an “insurrection” and labeled many of the participants as having engaged in “sedition.” These are legal terms that refer to specific federal crimes. And at least as of early February, nobody has been formally charged with either crime. That said, the United States Attorney’s office in Washington, DC, has told reporters that it is investigating the possibility of bringing sedition cases.

So what exactly are these crimes? Under 18 U.S.C. § 2383, a person can be sentenced to 10 years in prison and permanently disqualified from holding any federal office if they “incite” or “engage” in “any rebellion or insurrection against the authority of the United States or the laws thereof.” An insurrection, put simply, is rebelling against the lawful civil authority of the federal government.

Sedition–or “seditious conspiracy”–means that two or more people take action to attempt any of the following:

- Overthrow the federal government
- Put down or destroy the federal government by force
- Levy war against the federal government
- Use force to “prevent, hinder, or delay” the execution of any federal law
- Use force to “seize, take, or possess” any property of the federal government

Seditious conspiracy is actually a more serious charge than insurrection, as it carries a maximum prison term of 20 years.

Again, as of this writing, no formal insurrection or seditious conspiracy charges have been filed against anyone who participated in the Jan. 6 riots. But if such charges are brought, they would likely focus on the stated goal of many riot participants that they were attempting to prevent the formal certification of the 2020 election. This does not necessarily mean that everyone who entered the building unlawfully is guilty of insurrection or seditious conspiracy; the burden would still be on federal prosecutors to prove each individual defendant acted with the intent to undermine the government’s authority.

**Murder and Felony Murder**

As previously noted, at least 5 people died during the January 6 riots. One of the victims was a Capitol police officer, Brian Sicknick. As of early February, the Federal Bureau of Investigation continues to investigate the circumstances surrounding Sicknick’s death.

Early media reports suggested that one of the rioters struck Sicknick in the head with a fire extinguisher. But on Feb. 2, [CNN reported](https://www.cnn.com/2021/02/02/politics/brian-sicknick-charges/index.html) that investigators were “struggling to build a federal murder case” regarding Sicknick’s death.

CNN said the FBI was continuing to review photographs and video footage “that show Sicknick engaging with rioters amid the siege but have yet to identify a moment in which he suffered his fatal injuries.” In addition, CNN said law enforcement authorities had reviewed a medical examiner’s autopsy report that disputed the earlier reports that Sicknick was struck with a fire extinguisher.

Federal law defines “murder” as the “unlawful killing of a human being with malice aforethought.” Murder, therefore, requires evidence of premeditation. So for instance, if someone did in fact strike a person with a fire extinguisher and that caused the victim’s death, that would be proof of murder. But once again, we need to emphasize the investigation into Sicknick’s death remains ongoing and no federal criminal charges have been filed.

That said, it is possible that individuals could be charged with murder even if they did not “strike the fatal blow” as it were. If there was proof that two or more people conspired to kill Sicknick, they could all be charged as co-conspirators. There is also the possibility of “felony murder” charges.

This is a legal rule that states when a person intentionally commits one felony and a person dies as an indirect result, that can still be charged as murder even if there was no intent. In other words, if prosecutors can show that people inside the Capitol were committing other felonies, such as seditious conspiracy, and that indirectly caused Sicknick’s death, those people could theoretically be tried for his murder, even if they did not actually assault the officer.

**Do Not Post Your Crimes on Facebook–Call a Galveston Federal Crimes Defense Lawyer Instead**

The truth is, it will take many months – and probably years – for federal prosecutors and law enforcement to sort out the events of Jan. 6. According to some reports the FBI has received nearly 200,000 tips from people based on video and social media footage of what happened that day. Hundreds of additional people could be charged with some type of federal crime.

But here is another thing to keep in mind: While criminal charges make headlines the day they are brought, the majority of these cases are unlikely to ever proceed to trial. Most of the people charged with criminal offenses arising from the January 6 riots are likely to accept a plea bargain of some sort. And that does not mean that prosecutors are engaged in some sort of coverup: Plea bargaining is how the vast majority of federal and state criminal charges are resolved.

Plea bargains are especially likely in these sorts of cases, where there is video footage of people committing the crimes in question. Indeed, many of the participants in the January 6 riots posted footage of themselves engaging in illegal activities, such as the man who entered Speaker Pelosi’s office. So if there is one takeaway from this story, it is this: Never publish evidence of your own criminal activity.

A second takeaway is that if you are charged with any type of federal crime, you need to speak with a qualified [Galveston criminal defense attorney](/federal-criminal-defense/) who can advise you of your rights. Contact Mark Diaz today at (409) 515-6170 to schedule a consultation.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal defense attorney

**Tags:** Criminal Attorney, Federal Criminal Attorney

---

### [Legal Questions Answered By Galveston Criminal Defense Lawyer](https://texascriminaljustice.com/legal-questions-answered-by-galveston-criminal-defense-lawyer/)

**Published:** March 9, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

## What should I do if I’m arrested?

The first thing that you should do is [bond out of jail](http://www.galvestoncountybailbonds.com/). Once you’ve bonded out, you need to contact an attorney and start getting your defense together. With most criminal cases, it’s important that you get started right away building your defense and working on what you need to address certain issues in the case. That is going to be different from case to case, but that’s why you need to get with your attorney as soon as possible and get those things started.

Without a more specific question, it would be hard for me to tell you what you would need to do. For instance, in a DWI case, you have a time frame that starts immediately once you get arrested for challenging the suspension of your driver’s license, you need to do that. You will need to get with your attorney to do that. So it’s important to get with an attorney and not speak to the police or do anything once you’ve been arrested. Hire an attorney and start on your defense.

## What is the difference between a felony and a misdemeanor?

Generally speaking, the biggest difference is the range of punishment. A class C misdemeanor is a ticket with no jail time, a class B misdemeanor is up to 180 days in jail, and a $2,000 fine. Class A is up to a year in jail and a $4,000 fine. Then you have state jail felonies, which are six months to two years in a state jail facility and a fine not to exceed $10,000. A third-degree felony is two to 10 years with a $10,000 fine. A second-degree felony could result in two to 20 years and up to a $10,000 fine.

Then of course first-degree felony, which is five to 99 or life, and again with the possibility of a $10,000 fine. Above that, we have capital, which can be capital, non-death, or capital death penalty cases. Generally speaking, those are the differences between a felony and a misdemeanor. Collaterally there can be other differences.

There are many misdemeanors that, depending upon what you do for a living, may not affect you. There are also simple collateral consequences that people don’t think of, for example, some apartment complexes won’t take you if you have been convicted of a felony. So it is the range of punishment.

## What is the average cost of a criminal defense attorney?

It is almost impossible to say for sure. There is not an average cost per se. I’ve been licensed and doing criminal defense since 1998. So there’s a difference between what I’m going to charge and somebody who’s only been out of law school two years. Simply based on experience, my services will typically cost more. Although it’s tough to say what the “average” cost would be.

## If I’m convicted of a crime while in the United States legally, can I be deported?

The simplest way to answer that is to say, yes. However, it depends on what you mean when you say “while in the United States legally”. If you’re a lawful permanent resident, for example, you could be convicted of a crime serious enough to have the US government move to revoke your residency, and have you deported. If you become a naturalized citizen, then the answer is no, they can’t undo your citizenship. If you’re simply here on a visa, and you commit a crime, then obviously, they could revoke that visa. So it depends on what status you hold. If you are an LPR, not every conviction would lead to the government seeking to remove your status and have you deported.

## Why do I need a lawyer’s help if I’m accused of a crime?

The reason is because it is someone’s job to prosecute you. We have spent years studying the law and learning how to practice law. Without an attorney there to defend you, how would you know what questions the prosecutor might ask you, that you can answer?

There’s not an instance I can think of where it would be a good idea to walk into a courtroom and try to defend yourself of a crime. Sure lots of people go to traffic court by themselves, but that’s a different situation. Being convicted of a crime can have lifelong consequences. That’s why you’re going to need the help of an attorney, should you find yourself in that position.

## What types of questions should I ask a criminal attorney?

If I was accused of a crime, I’m probably going to go see two or three lawyers. I’m going to ask them about their qualifications, I’m going to ask if they’ve ever handled a case like mine, have they tried jury trials? How many have they tried? There are plenty of lawyers that don’t try cases. There are plenty of lawyers that just plead everything.

At the end of the day, you need to hire whomever you feel most comfortable with, and whomever you feel you can communicate with. Without the ability to communicate, how can you feel comfortable about the advice that you’re getting from this attorney and the decisions you’re going to have to make? So really, the questions that you’re going to ask will change depending on the circumstances.

These days, there are a lot of resources you can use to look up information about an attorney. You can look on the clerk’s website, run that attorney’s name, see what kind of active cases they have, how many active cases they have, and so on.

## Do all Criminal Lawyers go to court?

I don’t know how you could be a criminal attorney and not go to court. Unlike civil law, really all of our work is done in the courtroom. Especially when you’re talking about jury trials, but even in the interim, that’s when we interact with the prosecutors and do most of our work.

Now, If the question was meant to say, Do all Criminal Lawyers go to trial? That answer is no. There are plenty of lawyers who do not go to trial, although they won’t come right out and tell you that. You can look that up in public records. If an attorney tells you they’ve tried a case, you should be able to look it up and verify.

## Do I have to tell my attorney everything?

The answer there is very clearly yes. First of all, our conversation is privileged and the attorney can’t share that information. If they did, that would be a violation and subject to discipline by the bar association.

The worst thing you can do is not tell your attorney something and then they get blindsided by it. If we don’t know about it, we can’t prepare for it. If we know about the bad information and can figure out a way to prepare for it, we can do something. However, if you haven’t told us, there isn’t anything we can do.

## What is the role of the grand jury?

In the state of Texas, every felony must go before the grand jury to determine whether or not that case will go forward. The Grand Jury hears the evidence from the prosecution only, and then issues either a true build or no build. In a true build, the case proceeds forward to the felony court system until it’s ultimately resolved. If it’s a no-build, the case dies right there.

Now, in the grand jury, only the prosecution is allowed. A defendant can choose to testify before the grand jury, however, his lawyer is not allowed in the room with him, so as you can imagine, that very rarely happens.

There are times when we as defense attorneys prepare what we call grand jury packets, which is a packet full of written information about our client, our take on the case, the charges, and whatever the deficiencies are. We will present that to the grand jury during the prosecution for the grand jury to consider. Oftentimes we have been successful with that.

## Can you tell your attorney you’re guilty?

Yes, of course. When I look at a case, my analysis is “Can the state prove the elements beyond a reasonable doubt?”. It matters to me not whether you’re guilty or not guilty. It matters to me what the evidence is, and can the state sufficiently use that evidence to convict? If not, then we’re gonna win, regardless of what you think your guilt or innocence is.

## What happens if I don’t show up for court?

So typically, if you don’t show up for a scheduled court setting, the state will move for bond forfeiture and a warrant will be issued for your arrest. Now, that having been said, if there are certain circumstances, such as, you were in the hospital, and you can give me documentation on that, I can fix that. Again, that just goes back to communication. If you had communicated that to me before, I probably could have gotten a court date change. Generally speaking, if you don’t show up for court, you’re going to get a warrant issued for your arrest.

## Should I take a polygraph?

The answer generally, is no. Especially if you mean that the police are talking to you, without the benefit of your attorney being present. You shouldn’t be talking to the police without your attorney present. If they want you to take a polygraph, that means they don’t have anything and they’re looking for something to use against you. polygraph results are not admissible in court anyway.

There have been times that I’ve had clients take a polygraph at my direction with my expert, knowing that it won’t be used in court. Sometimes it sways toward prosecution. Sometimes we can get that before the grand jury and they’ll consider it.

## Does my old criminal record matter?

Yes, a criminal record is your criminal record for life. An easy example is DWI. Let’s say you had a DWI, 20 years ago, you’ve already forgotten about it. And then five years after that, you got another one. It’s been so long, 20, then 15 years ago, you really don’t even think of them anymore. Now you find yourself with a DWI. Even though those older ones are 20 and 15 years old, you’re still going to be charged with DWI “Third”, which is a felony. This works the same way for the enhancement of penalties on other cases. So, yes, your old criminal history matters. It never goes away. That’s again, why you should never walk into court without a lawyer.

If you have questions about a case you may have call Galveston criminal defense lawyer, Mark Diaz at (409) 515-6170 or [use the form on our contact page](/landing-form/) for a free initial consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** criminal defense questions, Galveston crime questions

---

### [Criminal Law Questions Answered By Galveston Attorney Mark Diaz](https://texascriminaljustice.com/criminal-law-questions-answered-by-galveston-attorney-mark-diaz/)

**Published:** March 12, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Attorney](https://texascriminaljustice.com/wp-content/uploads/2021/03/Criminal-Attorney_FB.jpg "Criminal Attorney_FB")

**Galveston Criminal Defense Attorney Answers Common Criminal Law Questions**

## Do Criminal Law Attorneys have payment plans?

Well, most do. It’s going to depend on the complexity of the case, the amount that we’re talking about, and the length of time it would take to resolve the case. We offer them here at my Galveston criminal defense law firm, and I think most of the lawyers that I know also have payment plans. Great question.

## Do first-time felony offenders go to jail? 

That’s a hard question to answer because it would depend upon the first offense. So if it’s a first felony offense for let’s say, drugs? No, there’s not a substantial likelihood of jail, there’s probably more likelihood of getting probation or deferred adjudication. Of course, if it’s a [felony offense of murder](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm) then there’s a substantial likelihood of doing jail time. So there’s not a real easy way to answer that. Many times the answer is no, we can find some alternative. Also many times we can find a way to get a felony reduced. That’s about the best I can do on that one.

## What area of criminal law Do you specialize in? 

We have sort of a broad range. [Thomas here in the office specializes in DWI](/team_member/thomas-overhouse/). That means that he attends continuing education courses specifically in DWI, different sciences, from blood draw issues to breath test machines, and things like that. I have [Jessica](/team_member/jessica-ebbs/), who would say that drug cases, possession of controlled substance cases, are her favorite. Myself in my career, I’ve tried everything from prostitution to capital murder. So for me, it’s broad.

## How long can you stay in jail for assault? 

If we’re talking about misdemeanor assault, it’s a class A misdemeanor, and the maximum penalty is up to a year in the county jail and a $4,000 fine. Now, that being said, we have lots and lots of people that don’t go to jail for assault. There’s a wide range of options, depending upon the circumstances of the case, but there’s always probation, deferred adjudication, sometimes we get time served with a fine. There are lots of options other than going to jail. Assuming someone went to a jury trial on a class A misdemeanor assault and the jury found them guilty and then assessed punishment, it could be up to a year, though it’s very rare for someone to get a year on a simple misdemeanor assault.

## What is the difference between a felony misdemeanor and an infraction?

Range of punishment. A felony means prison time. A misdemeanor carries with it county jail time. Then an infraction, or Class C misdemeanor, there is no jail time, it’s a fineable offense punishable by up to $500 in fines. With all of them, the possibility of probation exists. Generally speaking, the difference between a felony misdemeanor and a Class C is just going to be the range of punishment that’s involved.

## Is illegal possession of a firearm, a federal crime, and what makes a charge federal?

If the illegal possession is because of a prior felony, yes, that can be a federal charge. What makes the charge federal is the person with the prior felony is a prohibited person. What makes it federal is that the gun would not have been manufactured in Texas. So the gun traveled in interstate commerce, which gives the feds jurisdiction to charge the case. Now, does that mean the federal government always charges felons in possession of a weapon? No. A lot of times they don’t. There’s no real rationale as to why they do. However yes, it can be, and oftentimes is. Here in Galveston county recently, they’ve had an uptick in federal charges being filed on felons in possession of a weapon.

## What is the difference between probation and parole? 

Probation is the sentence that you get in place of incarceration. Instead of going to prison, you’re placed on probation for a term of years. If you violate that probation, then you can be sent to prison for a term of years. Parole is different in that parole means you have been to prison, you’ve been let out early, and you’re serving the remainder of that sentence on parole. So they’re different in that one is to avoid prison, one means you got out of prison early.

Essentially, the reporting requirements are the same, you have to report once a month to an officer and you are subject to random drug testing. One big difference is if you violate your parole, there’s a limit to what number of years you could go back to prison because there’s a limit to how many years your original sentence was.

If you’re on deferred adjudication, which is a type of probation, that means in the end, you do not end up with a felony conviction. The entire range of punishment for that offense would be open, meaning if you had a first-degree felony, which is a punishment, range of five to 99, or life and a fine not to exceed $10,000, and you take 10 years deferred adjudication, and then at some point during the 10 years, you violate it, a judge can sentence you from anywhere in the original range of punishment of five years to 99 years or life.

I’ve seen that happen. Now the opposite of deferred straight probation, which means you are convicted, but you still get to avoid jail time, has a term attached to it. For instance, it might be five years, and TDC probated for five years. That means that if you violate, you’re capped at five years, you can’t get more than five. On straight probation, you generally know what your maximum could be, on deferred you would not.

## What is restitution in the criminal law context?

Restitution in the criminal law context generally means that you’re paying money for some damage caused. Let’s say you break into someone’s car, or house, in the commission of the crime that you’re charged with, it’s alleged that you caused monetary damage to someone.

Sometimes, as a result of plea bargain efforts, restitution becomes an issue. If we pay restitution and pay it upfront, can we negotiate the punishment? Sometimes, like on bigger theft cases, maybe someone’s stolen from their employer over years, and the dollar amount is much larger than someone would be able to pay upfront, then it becomes a part of probation, or deferred adjudication, that you have to pay X amount of dollars in restitution over the term of probation.

Before I move on from that, we talk about probation, community supervision, and deferred adjudication, but they’re all used interchangeably. In reality, it’s all community supervision. Then there are distinctions: probation means that it was a straight conviction.

Deferred adjudication, which is still under the umbrella of community supervision, means that you are not convicted. If you complete that deferred, then the case would be dismissed, and you would never become convicted of the offense. Generally speaking, they’re all under the umbrella of community supervision and corrections. Out here in the real world, everyone just calls it probation. Even if it’s deferred.

## Can the judge send me to jail even if I get probation? 

Yes. Whether it’s a felony or misdemeanor, judges do have a number of days that they can sentence you to as a condition of probation. It very rarely happens without knowledge, because if it’s a negotiated case, then I’ve negotiated a plea bargain and we have some idea of whether or not the court is going to take it.

After 23 years of practicing, I can’t remember an instance where I had gotten probation and then all of a sudden out of nowhere, the judge incarcerated my client. What does happen frequently is if we go to a jury trial, and the jury gives us a probated sentence. Sometimes the judge will add days in jail as a condition of that probation. Technically speaking, yes, the judge can send you to jail, even if you get probation.

If you have questions about a case you may have call Galveston criminal defense lawyer, Mark Diaz at (409) 515-6170 or [use the form on our contact page](/landing-form/) for a free initial consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** criminal law questions

---

### [Common Texas Criminal Defense Questions](https://texascriminaljustice.com/common-texas-criminal-defense-questions/)

**Published:** March 15, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

## Will I go to jail for a drug crime? 

There are a lot of factors that go into this. That’s going to depend on the amount of drugs that were found, it’s going to depend on the drug, whether you were selling, manufacturing, or possessing, and what you were accused of. It will also depend on your criminal history, if this is the first offense, then obviously that’s going to change the nature of the proceedings.

For the first offense, it is likely that you’re going to get probation. Keep in mind that if you’re on probation, you can still go to jail if you [violate that probation](/why-violating-probation-is-always-a-bad-idea/). So taking all of that into account, it just depends. That makes it all the more important to get a good attorney who knows what they’re doing.

One thing that is clear with drug cases, they can be very technical, and they often come down to the Fourth Amendment search and seizure analysis. It takes somebody who understands that and knows how to navigate that in order to do their best to keep you out of jail.

## What is the difference between a state and a federal crime? 

Sometimes, the difference is just who charged the offense. Sometimes it can be whether or not something traveled in interstate commerce. For instance, last week we talked about firearms and felons in possession. The way the federal government gets jurisdiction is, here in Texas, there are no true gun manufacturers. So whatever gun you’re caught with would have traveled in interstate commerce, which gives the federal government authority.

Drug crimes can be charged the same way if the drugs involved come from up from the valley, crossing the border from Mexico, up the valley, and then come through hubs like Houston and go further up north into the United States. So that those are larger drug conspiracies. They typically are charged as federal crimes because the drugs have been traveling in interstate commerce. Sometimes it can be as simple as where a crime is committed.

In other words, there are some federal lands that are designated as parks. If you commit an offense within those boundaries, you’ll be charged in federal court. I’ve worked a case that would amount to a class C misdemeanor but was charged in federal court because they were on federal lands.

## What are the types of drug charges?

I think that the best way to break down drug charges is going to be; are you accused of possessing them, selling, manufacturing, or delivering? Obviously, the law is going to penalize one of the two categories a little bit harsher. So if you think of drug offenses within those two categories, then you have to break it down just a little bit further.

What is the substance that you’re charged with, and how much are you charged with possessing or selling? All of these factors, go into this analysis and determine what offense you may or may not be charged with. So, for example, possessing under two ounces of marijuana is a misdemeanor. If you’ve got any amount of methamphetamine, then you’re automatically at the felony level. So there’s a lot of different types of charges that you could potentially catch. All of these factors go into what charges you get.

## How strict are Texas gun laws and what are the penalties for gun crimes?

Before I could answer I would have to know, compared to what? They’re not strict, in a broad sense of the term. In Texas, you don’t have to have a concealed permit, or a license to carry to have a gun in your vehicle, as long as it’s concealed. So, to me, that’s not very strict.

As for the penalties for gun crimes, it kind of depends on what charges, if it’s unlawfully carrying a weapon, it’s just a misdemeanor. Unlawfully carrying would be when you do have a gun in your car, but you do not have a license to carry, and you have the gun visible. That would be an unlawful carry charge, and it would be a misdemeanor.

Most of the time, it can only be a felony if either you’re a felon in possession, or the weapon is used in the commission of another crime. You can commit a robbery, and if you use a gun, then it’s called aggravated robbery.

## Can you beat a DUI without a lawyer?

So the distinction between a DUI and a DWI is totally dependent on the age of the person who has been accused. Anybody under the age of 21 would be charged with a DUI for having any detectable amount of alcohol. There’s a distinction there because intoxication doesn’t have to be proved. If you’re under the age of 21, even one beer could be enough. However, it’s also important to note that a DWI or DUI could apply.

If you are ever appointed late or intoxicated, you can still be charged with a DWI. DWI, in a general sense, is anybody over the age of 21, or under 21, who has a blood alcohol concentration of point zero eight or more or has lost the normal use of their mental and physical faculties. That’s technical language, it means certain things, your attorney would be able to help you figure that out.

Which brings me to the question, which is, can you beat it without a lawyer? The answer would be no. Just like a heart surgery that you wouldn’t perform on yourself, DWIs are very technical. They depend on science. It takes ongoing training, experience, and understanding of the new technology. It’s a constantly evolving area of law, so you do need somebody who has that experience and that training to be able to properly help assist you with the defense.

## What happens after your first DWI or DUI?

So after your first DWI that you get arrested for, you’ll be seen, you’ll get a bond, you’ll be able to post a bond. Here in Galveston County, it usually isn’t too high if this is your first, but the bond amount depends on your criminal history a lot. You’ll get out, you’ll be able to hire an attorney and fight your case.

What happens after your first conviction, there are lots of different things. The most frequent, and the one that’s going to directly impact most people would be the license suspension. There’s an ability to attack a license suspension on the front end before your conviction with a DWI. If you do end up with a DWI conviction, your license is going to be suspended.

There are things that you can use such as an occupational license, which will allow you to drive for purposes of work, to make medical appointments, things like that, that you can get. Also, and this is going to be key, once you get a DWI conviction, if something like this is to ever happen in the future, it’s going to be magnified because of that first DWI conviction.

## What are the penalties for DWI in Texas?

So ordinarily the first DWI is a Class B misdemeanor. Every conviction before or after that is going to impact the penalty range. So for example, if you get charged with a DWI, and you have a previous DWI conviction, that increases the penalty range to a class A misdemeanor, punishable by up to a year in jail, and a fine not to exceed $4,000. Then there are other additional license fees that go along with that.

If you have two previous convictions, then that increases the penalty of a new DWI to a third-degree felony that’s punishable by up to 10 years, but not less than two years, and a fine not to exceed $10,000. So it’s kind of a ladder of severity depending on what your prior DWI criminal history may or may not be. Then there are other types of intoxication-related offenses that also alter or change the punishment range.

For example, a first-time DWI with no DWI history at all, if your blood alcohol level is ever at point one five, that elevates the degree of offense to a class A misdemeanor, with the same punishment ranges that we discussed before. Or let’s say it is a first time DWI, no DWI history, and you have a child in the vehicle who’s under the age of 15, that increases that DWI charge. Even if there’s no criminal history, it is increased to a state jail felony, which is punishable by up to two years in the state jail division of TDCJ (Texas Department of Criminal Justice).

If you have questions about a case you may have, call Galveston criminal defense lawyer, Mark Diaz at(409) 515-6170 or [use the form on our contact page](/landing-form/) for a free initial consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** criminal defense questions, Texas criminal justice questions

---

### [Texas Criminal Defense Questions Answered By Galveston Criminal Defense Lawyer](https://texascriminaljustice.com/texas-criminal-justice-questions-answered-by-galveston-criminal-defense-lawyer/)

**Published:** March 17, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Attorney](https://texascriminaljustice.com/wp-content/uploads/2021/03/Criminal-Attorney_FB-1.jpg "Criminal Attorney_FB")

## Why hire a criminal defense attorney when I can get a court-appointed lawyer?

Not everyone is entitled to a court-appointed lawyer. In order to get a court-appointed lawyer, [you have to be what they call indigent](https://texaslawhelp.org/form/affidavit-indigence-and-request-court-appointed-attorney-template). A finding of indigency requires that you make below a certain income amount, and most courts use the federal poverty guidelines as that barrier.

So if your income is such that you are below federal poverty guidelines, then you are entitled to court-appointed counsel. You can’t just walk into court and say “I want a court-appointed attorney”, you have to fill out a financial affidavit. Then if you qualify, you’re given a court-appointed lawyer. If you can afford a criminal defense attorney, then you’re not likely going to be able to get a court-appointed defense attorney. You will find yourself in a position where you do have to hire an attorney.

## If I plan on pleading guilty, do I still need an attorney?

Yes. If we were to sit down and discuss this, I would go through a whole series of questions to determine why you would predetermine that you want to plead guilty. Your lawyer is going to go through and analyze everything up to the point where you’re before the court, accused of a crime. In other words, we’re gonna do our due diligence to make sure you can even be prosecuted.

Even if it is going to be an eventual plea of guilty, you still want an attorney advocating for the best possible result. I have plenty of clients that end up pleading guilty, but then the issue becomes, what punishment can we get? We negotiate that plea bargain before you actually plead guilty. I don’t have a client plead guilty until I know what the results are going to be. We’re talking about the possibility of incarceration. When you are locked up, taken away from society, I can’t think of a greater loss.

## What is the difference between a dismissal and an expungement?

A dismissal means that the charge has been dismissed. So you’ve been arrested, charged with a crime, and then at some later point, it’s dismissed for whatever reason. However, if someone does a background check on you, that arrest and charge would still show up on your record.

So that’s where an expunction comes into play. Which is a document or petition that we file to have everything about the arrest removed from your record. A dismissal just gets rid of the case. Expunction actually erases the record, and then in the future, employers won’t see it when you apply for jobs, landlords won’t see it when you apply for housing, and so on.

## What type of cases does your criminal defense law firm handle?

Broadly, we hire criminal defense. As I’ve said before, I’ve tried everything in my career from prostitution to capital murder. So anything that is a criminal offense, my firm handles. There are different ways we assign different cases, Thomas may be on this particular case, Jessica on that case, and me on another case.

We discuss all our cases all the time so that we all know what’s going on. If you call up here today and want to know about your case, and I’m not available, Jessica or Thomas can take your call, look in our system, see my notes and see what’s going on. One of the big things for me is that I want my clients to know what’s going on, I want them to be able to call here and get information when they want it.

## Can I change lawyers? I am not happy with the one currently representing me.

Yes. It’s actually quite a common practice. If you come here and hire us, and you already have counsel, we take care of it from that moment on. You don’t ever have to talk to the previous lawyer again. I contact him or her, tell them I’ve been retained, and I file a motion to substitute counsel, and you have a new lawyer. I cannot think of a circumstance where that would not be allowed.

I have had people call me and say that they’re going to jury trial tomorrow, and they want to hire me. In that situation, you have to ask the court first, because the court may not allow it given that the jury trial is starting the next day. In that situation, I have to go to court and say, Judge, this person wants to hire me and they’re set for trial today, would you allow that and give me some time to get up to speed on the case before we go to trial? If the judge says no, well, then I can’t come in. I can’t get ready for any trial on one night’s notice without having seen any evidence. Generally, though, you can switch lawyers. I’ve seen people change lawyers three or four times.

## What is a misdemeanor? Do I need a defense attorney for a misdemeanor crime?

A misdemeanor is going to be classified by the crime or the range of punishment. The easiest example is your first DWI. First DWI is a misdemeanor, regular DWI. In other words, no accident, nothing like that. It’s a Class B misdemeanor. Yes, you need an attorney. You never want to go into a criminal courtroom without an attorney. What happens in criminal court can stay on your record for the rest of your life. People go into misdemeanor court a lot and want to represent themselves and they sign a piece of paper that basically tells them they’re waiving their rights.

In a misdemeanor theft case, you’ve been accused of shoplifting from the local Walmart, and you think it’s no big deal. You go to court, the prosecutor looks at your record and sees that you have no prior criminal history, and the prosecutor offers you “time served” and a $100 fine. As the accused, you’re sitting there thinking you can pay a $100 fine and get it over with. Well, what you’ve just done, is pled guilty to a crime of moral turpitude that will be on the record for the rest of your life. That crime of moral turpitude will prevent you from getting hired almost anywhere. So yes, even if it’s a misdemeanor, you still need a defense attorney.

## If my driver’s license was suspended, what can I do to get it back?

The answer would depend upon why it was suspended. In the office, we have an account with DPS, so we would get some information from you, look up the status of your driver’s license on DPS, and determine if you’re eligible or not eligible. If you’re eligible, then you would just go down and get your license. If you’re not eligible, then we look to the reason why. Depending upon the reason why we help you take the steps to get it back. Sometimes it’s as simple as paying some administrative costs that are outstanding. Other times we have to file for an occupational license. Whatever it is, there is a road to get your driver’s license back.

## What should I look for when hiring a criminal defense attorney?

I used to say that I would go interview several different criminal defense attorneys and see who I felt most comfortable with. I still feel like that, but I want to be a little bit more specific. You want to hire whoever you feel best about communicating with, who you feel understands your situation. Hears your concerns, and is willing to address your concerns. My office is across the street from the courthouse. I’m here every day. If I’m not at the courthouse, I’m here.

Oftentimes clients don’t make an appointment, they just come in, and they want to know the status of their case, it happened to me today. That’s what I’m here for. If we can’t communicate, how are we going to have a good relationship moving forward? That is something you need to take into account. I say that because people call me all the time and explain that they’re having a hard time reaching their attorney. Depending on your personal needs, what are you going to want from your attorney?

You need to go interview that person before you pay him or her any money and decide, is this the right one for me? As I said, what happens in criminal court can very well have an impact on the rest of your life. So if you’re going to pay someone money to help you make decisions that can possibly affect the rest of your life, you want to make sure you’re giving your money to the person that you feel most comfortable with. See more [Texas Criminal Law Frequently Asked Questions](/texas-criminal-law-faq/).

If you have questions about a case you may have call Galveston criminal defense lawyer, Mark Diaz at (409) 515-6170 or[ use the form on our contact page](/landing-form/) for a free initial consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** Texas criminal justice questions

---

### [How Different Is The Punishment For Drug Possession vs. Drug Trafficking?](https://texascriminaljustice.com/how-different-is-the-punishment-for-drug-possession-vs-drug-trafficking/)

**Published:** March 19, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Trafficking Attorney](https://texascriminaljustice.com/wp-content/uploads/2021/03/Drug-Trafficking-Attorney.jpg "Drug Trafficking Attorney")Although public attitudes towards illicit drugs have softened in recent years, Texas still maintains some of the strictest anti-drug laws–and penalties–in the country. Even carrying a relatively small amount of a controlled substance may lead an overeager prosecutor to charge you with a drug trafficking offense. And these crimes are often prosecuted as felonies, meaning a conviction could land you in jail for a long time.

**What Exactly Is Drug Trafficking?**

Drug trafficking is actually not a specific crime. Rather, it is a term lawyers use to describe a variety of criminal offenses related to the distribution and delivery of controlled substances. Indeed, the main thing that separates drug “possession” from drug “trafficking” is that the latter involves some act of transferring drugs from one person to another.

The thing is, you do not have to be caught physically handing drugs to someone to be charged, tried, and convicted of a trafficking offense. Let’s say a police officer pulls you over on a routine traffic stop. During the stop, the officer discovers a quantity of marijuana in your car. In theory, you could be charged with possession with intent to deliver that marijuana to other persons, even if there was no proof that was what you were actually doing.

Indeed, the line between “drug possession” and “drug trafficking” is often quite fuzzy. Prosecutors will often push for drug trafficking-related charges based on the circumstances surrounding the arrest. Some common factors include:

- The quantity of drugs involved. Basically, the more you are found with, the more likely you will face some sort of trafficking charge, as prosecutors will assume you did not acquire that amount of drugs solely for personal or “recreational” use.
- The presence of any drug “paraphernalia.” If the police find items in your possession that are common in drug trafficking operations–such as scales or plastic baggies–that increases your chances of facing charges that are more serious than simple possession. Similarly, if the police find a large amount of cash on you, even if you have a legitimate explanation, they may take that as proof you have been selling drugs.
- Where you were arrested. If you are driving your car away from the Mexican border and are found with cocaine in your trunk, the police are probably going to assume that you are a drug-runner and not simply a customer.
- You are actually seen by a police officer handing drugs to another person. The context here really does not matter. You could be inside your own house and handing a single joint of marijuana to a friend. Technically, that is still considered illegal “delivery” of a controlled substance. No money has to exchange hands.

Basically, there are three broad types of drug trafficking charges you need to know about:

1. Transporting a controlled substance from one location to another, regardless of whether you personally sell or transfer the drugs involved.
2. Knowingly distributing a controlled substance to another person.
3. Knowingly possessing a drug with the “intent” to distribute it at some future time.

**How Drug Trafficking Is Punished**

As with drug possession, drug trafficking crimes are defined by the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/pdf/HS.481.pdf). This is one of the most complex criminal laws on the books in Texas. The main reason for this is that there is not a one-size-fits-all drug charge. Instead, the Act divides all illegal drugs into four “penalty groups.” Each penalty group has its own sliding scale for determining the severity of a criminal charge.

Here is a complete breakdown of drug possession and drug trafficking offenses by degree:

- Class B misdemeanor: Possession of 2 ounces or less, sale or delivery of 7 grams or less (without remuneration); punishable by 180 days in prison and/or a fine of up to $2,000.
- Class A misdemeanor: Possession of between 2 and 4 ounces, sale or delivery of 7 grams or less (with remuneration); punishable by up to 1 year in prison and/or a fine of up to $4,000.
- State jail felony: Possession of between 4 ounces and 5 pounds, sale or delivery of between 7 grams and 5 pounds; punishable by 180 days to 2 years in prison and/or a fine of up to $10,000.
- Third-degree felony: Possession of between 5 and 50 pounds, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.
- Second-degree felony: Possession of between 50 and 2,000 pounds, sale or delivery of 5 and 50 pounds; punishable by 2 and 20 years in prison and/or a fine of up to $10,000.
- First-degree felony: Possession of more than 2,000 pounds, sale or delivery of between 50 and 2,000 pounds; punishable by 5 years to life in prison and/or a fine of up to $10,000.
- Felony delivery or sale of more than 2,000 pounds of marijuana; punishable by no less than 10 years and up to life in prison and/or a fine of up to $100,000.

Now, this is just how the laws work with respect to marijuana. As noted above, there are different penalty groups that cover different controlled substances. But the basic principles are still the same: The greater the amount you are caught with, the higher the charge you face, and those charges are likely to be more severe if the prosecutors can prove you were delivering, selling, or transporting the drugs in question.

**What Are the Defenses to Drug Trafficking Charges?**

As you can see, drug trafficking, even when it involves a small amount of marijuana, can lead to serious criminal charges. So how do you fight back? Every case is obviously different, but here are some common strategies we use when defending clients who are facing drug trafficking charges:

- You did not know you were transporting illegal drugs. Prosecutors must show that you “knowingly” engaged in a criminal act. If you can show you were transporting drugs without such knowledge–maybe someone put them in your trunk without telling you–that can provide one possible defense to criminal charges.
- The police made a mistake. Maybe the police thought you were transporting a controlled substance, but it turned out to be something else. One thing to note here: the law changed recently when it comes to marijuana cases. The detectable amount of THC must reach a certain threshold before it is classified as an illegal substance. So, if you are caught with what the police believed was marijuana, but after it was sent to be tested at a lab it comes back as having no or very low THC levels, then you cannot be prosecuted. This has become more of an issue lately with the popularity and mass production of CBD products.
- The police made more than a mistake–they violated your constitutional rights. As we previously discussed, many drug trafficking cases start with routine traffic stops. If that stop was itself illegal–i.e., the police lacked a legal justification to pull you over–or officers conducted an improper warrantless search, any drugs seized could be deemed inadmissible in a criminal trial.
- You were coerced or threatened into trafficking the drugs. Let’s say you only agreed to transport a controlled substance because a dealer threatened to kill your family. You can argue that you are not criminally responsible for acting under such duress.

In short, you may have a number of options to defend yourself from a drug trafficking charge. An experienced [Galveston criminal defense attorney](/drug-trafficking/) can review your case and offer you more tailored advice and representation. So, if you are facing any sort of drug possession or drug trafficking charge, contact Mark Diaz today at (409) 515-6170 to schedule a consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** Drug Possession, Drug Trafficking

---

### [What Rights Can I Lose If Convicted Of A Felony?](https://texascriminaljustice.com/what-rights-can-i-lose-if-convicted-of-a-felony/)

**Published:** April 15, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![felony in Texas, rights lost as a felon, Galveston criminal defense attorney](https://texascriminaljustice.com/wp-content/uploads/2021/04/felony-in-Texas-rights-lost-as-a-felon-Galveston-criminal-defense-attorney.jpg "felony in Texas, rights lost as a felon, Galveston criminal defense attorney")When it comes to a felony charge, most defendants are only thinking about the potential fine or jail time they face if convicted. But a felony conviction carries a wide range of secondary consequences. Indeed, there are many legal rights you can lose as a convicted felon, and you may find they are not immediately restored even after you complete any required prison sentence or term of community supervision (i.e., probation).

## Can Convicted Felons Legally Vote?

Perhaps the most [common question](/most-common-questions-asked-by-potential-clients/) we get with respect to post-felony conviction rights is, “Am I still allowed to vote?” There is a significant amount of confusion on this issue, especially given that the rules governing voting rights can vary wildly between states. The U.S. Constitution itself does not automatically give anyone a right to vote. Rather, the Constitution leaves that matter up to each individual state with certain caveats–e.g., a state cannot deny the right to vote based on sex, race, or age if a person is at least 18 years old.

Here in Texas, the state [Election Code](https://statutes.capitol.texas.gov/Docs/EL/htm/EL.11.htm#11.002) prohibits anyone from voting if they have been “finally convicted of a felony” and are currently serving their sentence. This includes both a jail or prison term and any period of community supervision or probation. Once a person’s sentence is completed–or they receive a pardon–they are no longer considered ineligible to vote in Texas based solely on their prior felony conviction.

This is a critical point. Some states permanently bar felons from voting, even after completing their sentence, unless they go through a separate process to have their rights restored. Texas does not follow this rule. Once you have completed your sentence, you are allowed to vote again.

Now, you will likely have to re-register to get back onto the voter rolls, assuming you were registered prior to your initial conviction. But aside from that, you do not need to jump through any additional legal hoops to vote.

One more thing: The Election Code states that only a person who has been “finally convicted” of a felony is ineligible to vote. A final conviction means you have been tried, convicted, and any appeals are completed. So if you are simply arrested or indicted on a felony charge, you can still vote pending the resolution of your case. Similarly, if a jury has found you guilty but you are currently pursuing an appeal, you retain voting rights at least until that appellate court has issued its decision.

## Can Convicted Felons Hold Public Office?

We know that a convicted felon is allowed to vote in an election once their sentence is complete. But what if a convicted felon wants to be a candidate in that election? Texas law is somewhat ambiguous on this subject. The [Election Code](https://statutes.capitol.texas.gov/Docs/EL/htm/EL.141.htm#141.001) states that nobody can be a candidate for a “public elective office” in this state if they have been “finally convicted from a felony” and they have not been “pardoned or otherwise released from the resulting disabilities.”

So a person who is convicted of a felony but later pardoned can clearly run for elective office. But what does the alternate condition of “released from the resulting disabilities” mean? According to a [May 2019 opinion letter](https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp0251.pdf) issued by the Texas Attorney General, the restoration of a felon’s right to vote does not automatically restore their “eligibility to hold public office.” The Attorney General suggested that the only way that a felon could have their right to run for public office restored, aside from a pardon, was to seek a “judicial release.” This refers to a scenario where a judge places a criminal defendant on community supervision–probation–but later sets aside the guilty verdict and dismisses the case.

The Attorney General’s opinion letter was just that–an opinion. It is not binding on any court. But it does point to the uncertainty of the law on this subject. There is, as of February 2021, a [bill pending in the Texas legislature](https://kdhnews.com/news/local/can-felons-run-for-public-office-in-texas-houston-lawmaker-trying-to-clarify-the-law/article_f05c378e-68c9-11eb-92ba-e347bbfb4cbc.html) that would clarify the law by effectively stating a convicted felon who completes their sentence may both vote and run for office.

## Can Convicted Felons Own a Firearm in Texas?

Here in Texas, the right to keep and bear arms is taken seriously. But even this right has its limits. It should not come as a surprise that a felony conviction affects your right to own a firearm. And what complicates this particular right is that there are overlapping federal and state laws to consider.

Let’s start with state law. Under the Texas Penal Code, it is a felony for someone to possess a firearm if they have been convicted of a felony (or certain misdemeanors involving domestic violence) within the past 5 years. Even after 5 years, it is only legal for a convicted felon to possess a firearm in their own home; they still cannot legally carry a gun out in public.

So a person convicted of a Texas felony more than 5 years ago can keep a gun in their own home for self-defense? Not exactly. This is where federal law comes into play. Under [Title 18 of the United States Code](https://www.law.cornell.edu/uscode/text/18/922), it is unlawful for any person convicted of a felony (or domestic violence misdemeanor) to possess a firearm. There is no 5-year rule and no exception for keeping a gun in your own home. This means that it is possible for a convicted felon to legally own a gun in Texas yet still face possible federal criminal charges.

## What Other Civil Rights Are Impacted by a Felony Conviction in Texas?

Aside from voting, holding public office, and owning guns, there are a number of other civil rights that may be lost or substantially curtailed due to a felony conviction. Here are just a few:

- *Jury Duty* – This may not be a big deal to some people, but in Texas, a convicted felon cannot serve on a jury. This goes for both civil and criminal cases. And unlike the right to vote or run for elected office, there is no legal mechanism to restore this particular right once it is lost.
- *Professional Licenses* – This one often comes as a surprise to people. There are hundreds of jobs and professions that require occupational licenses from the state. Under Texas law, a licensing authority may suspend, revoke, or disqualify a person from holding a license if they have a felony conviction on their record. This does not mean that every convicted felon will be unable to hold any type of occupational license. But it may be much more difficult to get certain types of employment following a conviction.
- *International Travel* – A prior felony conviction does not automatically disqualify you from obtaining a United States passport. But that does not mean you will be allowed to travel to every country. Individual foreign nations may have a policy of denying entry visas to convicted felons.

## Does a Pardon Restore All of a Convicted Felon’s Civil Rights?

The Texas Constitution permits the governor to grant clemency based on the recommendation of a majority of the state’s Board of Pardons and Paroles. There are several different types of clemency, including a full pardon, a conditional pardon, and a commutation of sentence.

A full pardon is an unconditional grant of clemency issued after a convicted felon has completed their sentence. The pardon effectively restores all of the convicted felon’s civil rights, such as the right to run for elective office. A pardon does not, however, eliminate all potential barriers to professional licensing. Individual licensing authorities may still take a prior conviction into account when exercising their individual discretion.

One additional consequence of a full pardon is that the recipient is entitled to request expunction of their criminal record related to their original conviction. Expunction is a court order that effectively wipes out all records related to the arrest and conviction. After receiving a pardon and expunction, a person can legally answer “no” when asked if they have been convicted of a felony, assuming they have no other felony convictions on their criminal record.

## How Do Misdemeanors Impact Civil Rights?

A misdemeanor, is an offense where the maximum penalty is no more than one year in jail. And in practice, many misdemeanor convictions carry no jail time at all. For example, under Texas law, a Class C misdemeanor only carries a small fine.

Misdemeanors also typically do not carry the same collateral consequences as felony convictions. You will not lose your right to vote or run for public office based on a misdemeanor conviction. But as noted above, misdemeanors involving domestic violence can lead to a loss of your right to own a firearm under state and federal law. And some professional licensing authorities may cite a misdemeanor conviction as grounds for denying a license or otherwise taking disciplinary action.

**Speak with a Galveston Criminal Defense Attorney Today**

Given the potentially wide-ranging impact of a felony conviction in Texas, it is crucial you make every effort to defend yourself against such charges in the first place. An experienced [Galveston criminal defense lawyer](/landing-form/) can help. Contact Mark Diaz today to schedule a consultation.

**Categories:** Criminal defense attorney

**Tags:** Criminal Attorney, Felony

---

### [What Happens If I Refuse a Breathalyzer Test in Texas?](https://texascriminaljustice.com/what-happens-if-i-refuse-a-breathalyzer-test-in-texas/)

**Published:** April 22, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Refuse breathalizer, DWI, DUI, DWI defense lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/04/Refuse-breathalizer-DWI-DUI-DWI-defense-lawyer.jpg "Refuse breathalizer, DWI, DUI, DWI defense lawyer")

## Can I Refuse To Take The Breathalyzer?

For many Texas residents, their first encounter with the criminal justice system will come in the form of a DWI arrest. These cases usually begin with a traffic stop initiated by a police officer. During the stop, the officer observes the actions and statements of the driver and may begin to suspect there is drunk driving involved. When the officer has established probable cause–the legal standard for making an arrest–they will take the driver into custody for driving while intoxicated.

Following a DWI arrest, the next step is usually to ask the suspected drunk driver to provide a sample of their breath or blood in order to determine the driver’s blood-alcohol content (BAC). Under Texas law, a person is legally intoxicated if their BAC is 0.08 percent or greater. The most common method for measuring BAC is to take a sample of the driver’s breath. We often refer to this as “taking a Breathalyzer,” which is actually the brand name for a particular type of instrument, but more generally describes any breath test used to determine BAC.

The question we often get is, “Can I refuse to take the Breathalyzer?” This is a sensible question. After all, if you did have a couple of drinks before the police pulled you over, you may not be sure if your BAC is below 0.08 percent. So why risk giving the police evidence that could be used against you in court?

[In terms of the law, you can refuse to take a Breathalyzer](/do-i-have-to-take-a-breath-test-an-overview-of-texas-law/). But that refusal can still be used against you in court and will not prevent the officer from getting a search warrant to get a sample of the driver’s blood. On top of that, a refusal can lead to significant non-criminal consequences, notably the suspension of your driver’s license.

## What Is The Texas Implied Consent Law?

How can refusing to take a Breathalyzer lead to non-criminal penalties? The answer can be expressed in two words: implied consent. This is a law enforced by every state, including Texas, that effectively requires a licensed driver to submit to a Breathalyzer when lawfully arrested for DWI. If the driver still refuses, then they can face a mandatory suspension of their driver’s license.

At first glance, this may sound unfair: How can the state punish you for refusing to provide possible evidence of your own guilt? The problem is that a driver’s license is considered a privilege granted by the state, not a civil right. In a [2016 decision,](https://scholar.google.com/scholar_case?case=13321473862812444568) the United States Supreme Court made it clear that states cannot impose criminal penalties–i.e., send you to jail–for refusing to take a Breathalyzer. But that does not stop states from revoking a person’s driving privileges.

In that same decision, the Supreme Court differentiated between blood and breath tests. The Court determined that a breath test does not require the police to obtain a warrant, but a blood test does. The justices reasoned that measuring a person’s breath was not as intrusive as taking a blood sample and therefore “did not implicate significant privacy concerns.”

### How the Implied Consent Law Works

So what are your actual legal rights when the police ask you to take a Breathalyzer? First, the implied consent law only kicks in after you are placed under arrest for DWI. The mere fact that an officer initiates a traffic stop is not enough. The law requires the officer to have “probable cause” to make an arrest. In terms of legal standards, this is more than suspicion but less than what is actually required to convict someone of criminal DWI (i.e., proof beyond a reasonable doubt).

Once an arrest is made, the implied consent statute assumes that you will agree to a Breathalyzer. At the same time, the implied consent statute also makes it clear that such a test may not be performed if you “refuse to submit.” But here, too, there are some exceptions. The police may, after having developed probable cause, obtain a search warrant from a judge that authorizes an qualified individual to take a sample of an accused driver’s blood without their consent. This may happen in any suspected DWI but is entirely more likely under the following circumstances:

- You are involved in an accident where someone else has died or sustained a serious bodily injury
- There was a passenger under the age of 15 in your car at the time of your arrest
- You were previously convicted of at least one DWI offense where there was a child passenger in the car at the time of the arrest
- You were previously convicted of at least one DWI offense

In summary, you are free to refuse a Breathalyzer and the police must respect that decision, but that may not prevent them from ultimately[ obtaining your BAC](/texas-implied-consent-law-and-refusal-of-blood-test-requests/).

## How Does Refusing a Breathalyzer Affect a Criminal DWI Case?

Before discussing the civil penalties in greater depth, let’s first address how refusing to take a Breathalyzer under the implied consent law will actually impact your prosecution for criminal DWI charges. First and foremost, the prosecution can introduce your refusal to take the test as evidence against you at trial. This is not considered a violation of your Fifth Amendment right against self-incrimination. Indeed, the prosecution is free to argue your refusal is itself proof that you knew you were [too drunk to drive at the time of your arrest](/what-you-need-to-know-about-texas-drunk-driving-laws/). However, a skilled defense attorney will be able to explain to a jury the many reasons why an innocent person might refuse to consent.

Now, you might be thinking, “Sure, but without the results from a Breathalyzer test, how can the prosecution even prove I was intoxicated.” It is true that Breathalyzer results are often a critical piece of evidence in a DWI case. But strictly as a matter of law, the prosecution does not necessarily have to prove a defendant’s exact BAC. In criminal law, there are two ways to prove whether someone is intoxicated:

- When a person’s BAC is above a .08

**OR**

- when they do not have “the normal use of mental or physical faculties by reason of the introduction of alcohol.” While BAC is the easiest way to prove this, it is not the only way.

Considering the second method of proof, let’s say a police officer observes a driver swerving their vehicle erratically in and out of traffic. The officer initiates a traffic stop, during which they smell a strong odor of alcohol on the driver’s breath. The officer also sees several empty beer cans in the front seat next to the driver. Even if the driver refuses a Breathalyzer after being placed under arrest, it is still possible a jury could still convict a defendant of DWI on video evidence and the officer’s testimony alone.

## How Does Refusing a Breathalyzer Affect Your Driver’s License

Now we can address the civil consequences of refusing a Breathalyzer under the implied consent law–the suspension of your driver’s license. By law, the Texas Department of Public Safety (DPS) is required to initiate a civil process known as Administrative License Revocation (ALR). The process actually begins when you are arrested.

If you refuse the Breathalyzer, the arresting officer will immediately take your driver’s license. The officer will also give you a written notice that your driver’s license is suspended. However, the suspension itself does not take immediate effect, which is why you are given a temporary permit. Under the law, you have 15 days from the date of your arrest to request a formal hearing before the DPS. If you do not ask for a hearing, you will have considered to have waived your right to have a formal hearing and a default judgment suspending your license will be entered against you.

If you do request a hearing, it will not be before the same judge overseeing your criminal DWI case. Instead, you will appear before an administrative law judge (ALJ) who works for the DPS. At the hearing, the ALJ’s role is limited exclusively into looking at whether the police had probable cause to arrest you for DWI and whether you refused a lawful police request for a blood or breath test. Again, this is not a criminal proceeding, so the DPS does not need to establish your guilt for DWI, just the probable cause and refusal.

Even if your chances of convincing the ALJ are slim, the hearing process will prolong the time it takes before any mandatory driver’s license suspension takes effect. Until the ALJ rules, you are free to keep driving under your temporary permit. Once a suspension takes effect, however, you will normally lose your ability to drive legally for 180 days.

In some cases, a refusal under the implied consent law can lead to a much longer driver’s license suspension of 2 years. This civil penalty applies when you have had at least one prior “alcohol-related or drug-related enforcement contact” in the 10 years prior to your current DWI arrest. A “contact” does not just include a prior DWI conviction–if you previously refuse or failed a Breathalyzer test, that will count against you as well.

### **Contact Galveston DWI Defense Lawyer Mark Diaz Today**

Remember, the implied consent law only applies after you are lawfully placed under arrest. If the police request a “roadside Breathalyzer” or field sobriety test before making an arrest, you are free to refuse without facing any civil or criminal penalties. And even after you are arrested, the police must still inform you of your rights under the implied consent law.

Of course, you should never depend on law enforcement to uphold and enforce your rights. For that, you need to work with an experienced Galveston criminal defense attorney who has experience in representing DWI defendants. Contact Mark Diaz today at (409) 515-6170 if you need to speak with a lawyer right away.

Mark Diaz & Associates is a [Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties.

**Categories:** Criminal defense attorney

**Tags:** Breathalyzer, Criminal Attorney

---

### [What Is the Difference in Punishment for Burglary and Robbery?](https://texascriminaljustice.com/what-is-the-difference-in-punishment-for-burglary-and-robbery/)

**Published:** April 28, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Burglary vs Robbery](https://texascriminaljustice.com/wp-content/uploads/2021/04/Burglary-vs-Robbery.jpg "Burglary vs Robbery")One of the most fundamental principles of civilization is that stealing is wrong. Think back to the Ten Commandments in the Bible, which includes the admonition, “Thou shall not steal.” Even thousands of years ago, society understood the need to punish those who took things that did not belong to them.

In present-day Texas law, however, there are many different types of criminal offenses related to stealing. Some of these crimes tend to get confused in the public’s mind. For instance, what is the difference between “burglary” and “robbery”? Are they the same thing? And if they are different, is one considered more serious than the other?

## What Is The Penalty For Burglary?

Let’s start with burglary. At its core, burglary involves entering someone else’s property without their permission with the intent to commit some other crime. Notice we did not say with the intent to “steal.” Although many burglaries do involve stealing, that is not a necessary element of the crime.

The [Texas Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm#30.02) states that burglary occurs under any of the following conditions:

- A person enters a habitation or a part of a building that is not open to the public with the intent to commit a felony, theft, or assault.
- A person remains concealed in a building with the intent to commit a felony, theft, or assault.
- A person enters a building or habitation and commits or attempts to commit a felony, theft, or assault.

The word “habitation” appears frequently in the laws describing burglary. We usually think of a habitation as the same thing as a house, apartment, or other residence. The Penal Code relies on a slightly more technical definition: A habitation is any “structure or vehicle that is adapted for the overnight accommodation of persons.” This means that a habitation can include a recreational vehicle or even a tent set up for camping.

Essentially, if it is possible for people to sleep in an enclosed space, it is a habitation. The habitation need not be occupied at the time for entry to be considered burglary. In addition, it is not necessary for any theft or separate crime to occur inside the building or habitation at the time.

Consider this scenario: Two people are planning to rob a house in a wealthy neighborhood. They wait for the owners to leave and then pick the lock on the back door. After entering the house, the owner’s dog confronts the would-be robbers, who quickly exit without taking anything. Even though nothing was stolen, the two men still committed burglary. The crime was forcibly entering a habitation without the owner’s permission with the *intent* to take their stuff. The fact that nothing was actually taken is legally irrelevant, at least with respect to a burglary charge.

## What Is The Penalty For Theft and Robbery?

This brings us to *theft*. Theft is when you actually take someone else’s property, and not just intend to do so. The [Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm#31.02) defines theft more precisely as the “unlawful appropriation” of property “with intent to deprive the owner” of said property. An unlawful appropriation includes any situation where:

- The property was taken without the effective consent of the owner.
- The property was stolen from someone who themselves stole it from the original owner.
- pThe property was stolen from a law enforcement agent who represented the property as stolen.

A theft need not involve violence or burglary. Consider shoplifting. If you enter a store during normal business hours, you are clearly not committing burglary. And if you simply swipe some merchandise off the shelf and walk out, there is no violence involved. Yet it is still considered theft.

Now, when theft does involve committing (or threatening) violence against another person, then we are talking about *robbery*. The [Penal Code](https://statutes.capitol.texas.gov/docs/PE/htm/PE.29.htm#29.02)states that robbery occurs when a person “in the course of committing a theft” of property also “intentionally, knowingly, or recklessly causes bodily injury to another,” or puts another person “in fear of imminent bodily injury or death.”

In plain terms, if you point a gun at someone and order them to turn over their wallet, that is robbery. You need not actually fire the gun or harm the victim in any way. The mere act of pointing the gun is enough to put the victim “in fear of imminent bodily injury or death.”

In fact, when a robbery involves the use or exhibition of a deadly weapon, such as a gun, it is actually classified as *aggravated robbery* in Texas. This is a more severe form of robbery that carries a higher criminal penalty, as we will discuss more in a bit. A robbery can also be classified as aggravated when the victim is a disabled person or someone over the age of 65.

So to summarize, *burglary* is when someone enters a habitation or non-public building with the intent to commit another crime; *theft* is when you unlawfully take someone else’s property, and *robbery* is when you threaten or physically injure someone in the course of taking their property. Another way to look at is that [all robbery involves theft, not all theft involves robbery](/burglary-robbery-theft/), and burglary may involve both.

### **How the Law Punishes Theft**

With all of this background, we can now look at the actual penalties for each type of crime. On its own, theft can be prosecuted as a misdemeanor or felony based on the value of the property taken. At the lowest end, theft of less than $100 in property is a Class C misdemeanor. At the highest end, theft of $300,000 or more in property is a first-degree felony. In between, the general ranges of theft-based offenses go like this:

- Class B misdemeanor: Theft of between $100 and $749 in property.
- Class A misdemeanor: Theft of between $750 and $2,499 in property.
- State Jail Felony: Theft of Between $2,500 and $29,999 in property.
- Third Degree Felony: Theft of between $30,000 and $149,999 in property.
- Second Degree Felony: Theft of between $150,000 and $299,999 in property.

There are some caveats and exceptions to these ranges. For example, if you seal someone’s driver’s license, that is considered a Class B misdemeanor. If you have a prior theft conviction, you may be prosecuted at a higher level in any subsequent theft case. And some specific types of property are subject to different range values, including cattle and livestock and certain precious metals.

In terms of punishment, here is the maximum prison sentence and/or fine you can expect to face at each level of charge:

- Class C misdemeanor: No jail time, fine of $500.
- Class B misdemeanor: 180 days in county jail, fine of $2,000.
- Class A misdemeanor: 1 year in county jail, fine of $4,000.
- State Jail Felony: 180 days to 2 years in state prison, fine of $10,00.
- Third Degree Felony: 2 to 10 years in state prison, fine of $10,000.
- Second Degree Felony: 2 to 20 years in state prison, fine of $10,000.
- First Degree Felony: 5 to 99 years (or life) in state prison, fine of $10,000.

### **How the Law Punishes Burglary and Robbery**

The penalties for burglary largely depend on the type of property involved. Burglary of a habitation is a second-degree felony. Burglary of any other type of building is a state jail felony. This means that if you commit burglary against a house, you could theoretically get up to 20 years in prison, versus no more than 2 years if the burglary involved a commercial store.

In fact, it is possible to be charged with a first-degree felony–which carries a possible life prison term–if the burglary involves a habitation and the defendant entered the property with the intent to commit a felony other than theft. In other words, if you enter someone’s home with the intent to rape or kill them, prosecutors can charge you with the harshest non-capital felony charge available under Texas law.

With respect to robbery, the base offense is a second-degree felony. Aggravated robbery is a first-degree felony. Again, the difference between the two offenses can be something as simple as brandishing a gun during the robbery.

## How To Defend Yourself Against a Burglary or Robbery Charge

As you can see, a burglary or robbery charge can lead to serious prison time. That is why it is important to work with an experienced [Galveston criminal defense attorney](/landing-form/) if you are facing such allegations. Depending on the facts of a given case, there may be multiple possible legal defenses available.

For example, if all the prosecution can prove is that you entered someone else’s private property without their consent, that is considered criminal trespass–a misdemeanor–but not burglary. Burglary always requires proof of the defendant’s intent to commit a theft or some other felony.

So if you need legal advice regarding a burglary, robbery, or theft case, contact attorney Mark Diaz today to schedule an initial consultation.

**Categories:** Criminal defense attorney

**Tags:** burglary, robbery, theft

---

### [Trying A Case During COVID And Sexual Assault Questions](https://texascriminaljustice.com/trying-a-case-during-covid-and-sexual-assault-questions/)

**Published:** April 13, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston criminal defense attorney, COVID, sexual assault](https://texascriminaljustice.com/wp-content/uploads/2021/04/Galveston-criminal-defense-attorneyCOVID-sexual-assault.jpg "Galveston criminal defense attorney, COVID, sexual assault")

## What is it like trying a case during the pandemic? How have covid protocols affected the court process?

Last week, I was on a trial in the[ 405th District Court here in Galveston](http://www.galvestoncountytx.gov/jd/jd6/Pages/default.aspx), judge Jared Robinson, presiding. I had an aggravated assault, causing serious bodily injury. Under the new protocols, we started the trial. Everything about trying the case under the current protocols is extremely different and fairly difficult.

To begin with, we started with voir dire, which is picking the jury. If I remember correctly, we had 55 people in the jar, which is the jury assembly room, we call it the jar. They have set up the jar here in Galveston county where all the prospective jurors are seated six feet apart and everyone is required to wear a mask in the proceeding. One additional difficulty was there were two large columns in the jar. So there are people seated behind the columns that you can’t see if you’re standing at the podium with the microphone.

There was at least one occasion where I was questioning the panel, that someone out of my view had raised their hand, I didn’t see it, and the judge had to alert me. The other strange thing is when someone has a mask on, you can’t see their full facial reactions. So I can’t see if someone’s smiling, frowning, sticking their tongue out at me, I have no way to know. We have to rely on people participating, willingly or not. Meaning they either raise their hand and volunteer, or we have to pick out certain prospective jurors and ask them a question directly to try and elicit a response.

## Major Differences Of Conducting A Trial During COVID

The reason that’s different is that in years past when I’m picking a jury, and I’m looking at facial expressions, for instance, I can sometimes tell from a person’s facial expressions and mannerisms that they are not going to be a good juror for me, so I don’t spend a lot of time questioning that witness. So for however long this goes forward we have to adjust that for that. Also, because of all this, the process takes much longer than it did before. Picking that jury took almost the whole day. We picked 12 jurors and one alternate. So that was all in the jar.

Then the courtroom is on the third floor. So the next day we resumed in the courtroom, which is also set up quite a bit different. During our trial, there was a plexiglass partition for the witness stand, which was also wrapped around by the court reporter, and then it was up where the judge was, and then also where the clerks are to the side of the judge so that everyone was fairly well protected.

Again, everyone had to wear face masks during the entire proceeding. Also, in an attempt to keep the jurors socially distant, we had some in the jury box and some seated out in the audience so that half of the courtroom was closed off to the general public because we were housing jurors there too. This was quite a bit different because for over 20 years I’ve been trying cases to the people sitting in the jury box.

Now I have to remember to address the people out in the audience and the people in the jury box. The only people that were allowed to remove their masks were the witnesses testifying on the stand, and that was because they were behind the plexiglass partition. Even then, the microphone for the witness had a cover on it, and every time a witness got done, they would remove the cover, throw it away, put their mask back on, and then leave the witness stand. The court’s Bailiff would sanitize the area, put a new protective cover on the microphone, and we had to let that dry before the next witness could be called.

So that kind of lengthens the process of calling witnesses. Back to the thing about wearing the face masks the entire time, it’s uncomfortable. When you’re sitting and not talking, it’s not as bad. When you’re talking like when I was speaking with the jury. It’s bad because it gets a little hot. It was funny watching some of the prospective jurors that were struggling with wearing the masks.

Some were pulling it out, trying to get air, some people had it down, and then a different deputy would go tell them to put their mask on. That was obviously out of the norm. While I’m watching this, and I’m seeing this person struggling with their mask, I’m thinking in my head, is this person paying attention? Are they more worried about being irritated by the mask?

## Odd Experiences During The Trial

We had two odd things happen during jury selection, one was a man who just got up and started walking out. He told the deputy he had to go to the restroom and couldn’t wait. It was sort of odd that he thought he could just get up and leave because obviously everything has to stop until he comes back. I guess maybe we should have admonished the jurors that if they needed a break to raise their hand, please don’t just get up and leave.

So that little snafu caused the judge to let everyone take a quick restroom break if they needed it. There was another potential juror who repeatedly stood up. So at a bench conference, the judge asked, should we call that woman up and see if there’s something wrong that she can’t sit for prolonged periods? We needed to know that if she can’t sit through the trial. We need to know.

So we called her up outside of the earshot of everyone else and said, ma’am, we noticed that you stood up a lot, do you have some type of medical condition where you can’t sit for a long time? She says no, I got up because my watch told me to stand up. So that was kind of funny. We’re in the middle of jury selection and her smartwatch is telling her, you need to move so she was just getting up.

Then another small little incident, which I pointed out. At some point during the state’s voir dire, they read out the names of the witnesses, which include police officers that may testify. So that list is read and then everyone is asked, do you know any of these people? So we were asking some general questions at the end like “Is there anything you think we need to know?”.

This gentleman raised his hand and said yes. He said, well, I realized that I do know one of those officers, he was my neighbor. He said I wasn’t sure so I had to ask. Well, who did he ask? He said so I called my wife because I only knew his first name, and she confirmed that was him. So then I had to take that opportunity to educate the jury that as a juror you cannot do outside research and get information, you have to rely on what’s presented to you by the state from the witness stand, you can’t call your wife and ask her to help you fill in the puzzle. So that was kind of interesting.

So what was the case? Overall, it was an aggravated assault. The reason it was aggravated was because of the serious bodily injury. The reason we went to trial is that the state would not offer anything except for time in the penitentiary. The state asked the jury for time in the penitentiary, but we were able to get probation from the jury. So from the defense standpoint, that’s a win, because my client didn’t go to the penitentiary.

So that’s kind of the rundown. Trying a case under COVID protocol is not ideal for anyone involved. This client was in jail. So I did not want to let him sit in jail any longer. I did not want to try to move for a continuance based upon the pandemic and the situation. I had a good hope that the jury would give him probation, and that way he could get out of jail. So the point is, the system is working. Now, that being said, this was a fairly simple case, so I knew it wasn’t going to be a prolonged trial, would I want to try a very serious case that was going to last a week or more under the same conditions, I would not. It would be very difficult. Hopefully moving forward, things will start to loosen up a little more, and we can get back to normal in that respect.

Now we are going to answer some questions we got on sexual assault.

## What defines sexual assault in Texas?

The easiest way to say that is it is having sexual activity with someone who does not consent. The reason they don’t consent could be for several reasons. One, if it’s alleged forcibly, two, if the person is passed out on drugs, any way you can think of that a person did not consent, and then sex is forced upon them, that is sexual assault in Texas.

## Are sexual assault cases public record?

Yes, every crime is public record. When you are charged with a crime, once your case is open, it will be viewable by anyone with access to a computer. Law enforcement will see it, potential employers who do a background check on you will see any case, not just sexual assault. Any crime that you’re charged with is a public record.

**Is sexual assault a felony?**

Yes. It starts at a second-degree felony and goes up from there with different enhancements at different levels. For instance, once you start talking about the sexual assault of children, if the children are under a certain age, the punishment range becomes not only a first degree, but it can have a minimum of 25 years with a maximum of 99 years or life.

## Can sexual assault be verbal?

No. You can’t sexually assault someone verbally. Now there is Class C, you can be written a citation. You can be given a ticket for saying offensive things to someone, but that’s not sexual assault. So no sexual assault cannot be verbal.

## Can sexual assault charges be dropped?

Any case can be dropped. The state court is always styled as “The state of Texas versus Joe citizen”. So the state of Texas brings charges against an individual, and the state of Texas can always decide to dismiss those charges for any reason that the state sees fit. So yes, sexual assault charges can be dropped just like anything else.

## Is it difficult to defend sexual assault charges?

It is very difficult to defend a sexual assault charge. Generally, there are only two people. One is the person accused. The second is the alleged victim of the sexual assault. There are no witnesses. Unless there is some trauma involved, there is often no physical evidence. Sometimes there can be DNA evidence but still, we have the issue of consent.

There have been cases where I believe that a person did consent. Maybe they were intoxicated, or maybe they had a significant other, and after having done the deed, they later regretted it and couldn’t face the possibility of their significant other finding out, and so they make up sexual assault charges. That has happened. Generally speaking, yes. It’s very difficult to defend a sexual assault charge.

## Are there different degrees of sexual assault?

Yes, there are. As I said in a previous answer, they’re felonies. It starts at a second degree and just goes up from there as it changes. There are different punishment ranges for different types of offenses, different punishment ranges for different types of relationships, meaning educator and student. If the person is disabled, and so on. Yes, there are different degrees. The penal code is pretty complicated and long in the sexual assault area.

## What is the difference between sexually harassed and sexually assaulted?

Sexually assaulted is a criminal offense and means that someone is alleged to have forced another to participate in sexual activity. Sexual harassment is not a criminal allegation, sexual harassment is more in civil litigation. Sexual harassment is usually verbal, because if it became physical, then it would move into the range of sexual assault. So sexually harassing someone is usually like in the workplace, saying inappropriate things, making inappropriate comments about the way a person looks or ideas you may have about that person that are of a sexual nature, that is sexual harassment, and that is civil, rather than rising to the level of sexual assault, which is criminal.

If you have questions or concerns about a potential sexual assault case in Texas call our sexual assault lawyer in Galveston, attorney Mark Diaz at 409-515-6170 or [contact him via the contact form here](/landing-form/).

**Categories:** Criminal Defense Lawyer

**Tags:** sexual assault, trial during COVID

---

### [Common Questions On Drug Crime Charges In Texas](https://texascriminaljustice.com/common-questions-on-drug-crime-charges-in-texas/)

**Published:** April 26, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Possession](https://texascriminaljustice.com/wp-content/uploads/2021/04/Drug-Possession-In-Texas.jpg "Drug Possession")

## Should you let your child/teenager be interviewed by the police as a suspect in a crime?

No. It’s the same for a child or teenager as it is for an adult, you would not want to speak to investigators without the presence of an attorney. In any type of criminal investigation. I’ve said that many times. The same applies if it’s a minor who’s going to be suspected of criminal activity. My answer would be no, [I would not let them speak to the police](/5-reasons-to-never-speak-to-police-without-a-lawyer/) as a suspect without the benefit of having an attorney.

## After completion of a felony deferred, can you possess a firearm? 

As I’ve talked about before, it’s a very complicated answer. I would need to know more about the felony and the timeline. Depending upon the felony, how exactly it was pled, and what the terms of the deferred were, you have to then look under a federal statute to decide whether you are an exception or a person who is excluded. The answer sometimes is that under state law, you can be in possession, but under federal law, you cannot. I need specific information to try and make those determinations. I can’t do it based on a broad question like that, unfortunately.

## Can drug charges be dropped? 

The answer is always yes. Maybe we found something that the officers did incorrectly procedurally, maybe there was an illegal search, there are so many things that can get a case dismissed. Every once in a while, we’ll get a case where someone buys what they think is a controlled substance and it turns out not to be. I have a case in federal court right now where everyone involved in the deal thought it was a heroin deal, and it turned out to be Tramadol. So yes, drug charges can be dropped for a variety of reasons.

## How do you beat a felony charge?

Again, every case is different. So when you ask about beating any charge, it depends on my investigation and what I find. Sometimes it’s something that the police did or didn’t do. There are so many procedural things that could happen that it’s hard for me to say what it could be in your case until I’m working on it.

## Is possession of a controlled substance a felony in Missouri?

I don’t know the Missouri law. I’m[ licensed in Texas](https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=197986), and only in Texas. So I can’t answer that. However, generally speaking, I can tell you that in every state, meth, coke, heroin, all the big ones are felonies. Any questions specific to Missouri, I wouldn’t have any idea.

## Which drug carries the highest criminal penalties?

The penalty group one drugs include heroin, cocaine, methamphetamine. Although it’s all going to depend on the quantity. If you have over 400 grams of a penalty group one substance, that can make you a 15 to life case. So the answer is very facts specific, but generally, the hardest street drugs are going to be punished the hardest.

## What is the minimum punishment for possession of controlled substances in Texas?

If you have a misdemeanor controlled substance, the minimum punishment is going to be no jail time and a fine. Again, that’s if it’s a misdemeanor, because misdemeanor punishment is, Class B – zero to 190 days in jail, Class A – zero to one year in jail.

## What happens if you get caught with drugs and a gun in Texas?

I sort of have two separate answers but they both merge if you think about it. Under state law, the gun is not going to add much of an enhancement. As far as the charges go, it’s a separate charge. The reason it is important though is a lot of times the parole board will look at that on a prison sentence. On a non-violent drug felony, generally speaking, parole eligibility is after one-quarter of your sentence. So if you have a four-year sentence, you’ll be parole eligible in one year.

However, if the parole board considers that gun, they might treat you as if it were an aggravated offense and make you do at least half of your sentence. Under the federal system, the gun adds to the punishment. Depending on the way you get charged on the possession is how it will affect you. However, you’re absolutely going to do more time if you have a gun with you.

## How many grams is a felony in Texas?

I would have to know what substance you were talking about. Of the penalty group one substances, the hardest street drugs, even less than a gram is a state jail felony. Technically speaking, you’re going to have to have more than about .04 grams. At that point, if both sides do testing, there may not be enough left for a charge. Residue in a bag is going to be enough to get you to a state jail felony. Now if you’re talking about lesser drugs, I would have to know which drug. I would have to know the weight so we can make a determination. If you’re talking about schedule one, cocaine, meth, heroin, all that, even less than a gram is a felony.

## How long do you go to jail for drug possession in Texas?

Maybe you don’t go to jail. A lot of people don’t go to jail for drug possession. It’s going to depend on the case. It’s going to depend on the circumstances. With no criminal history, you’re certainly going to be eligible for probation. There’s not an exact answer for how long you go to jail for drug possession in Texas.

## Is possession of drug paraphernalia a misdemeanor in Texas?

It is a misdemeanor. Possession of drug paraphernalia can be a Class C. It’s not a big charge.

## Can you get probation for a felony drug charge in Texas?

Absolutely. We do it daily.

## Can a felony be dropped to a misdemeanor in Texas? 

Yes. Again, something we do very regularly.

## Can you travel while on probation in Texas?

This is a great question. So the answer is yes. Depending upon which court you’re in, and what the terms of the original probation were, you may have to get permission from your probation officer First. If your probation officer will not permit you, your attorney can file a motion to get permission from the court. It’s going to depend on what you want to travel for. I’ve never run into a lot of restrictions on travel for probationers that I’ve had over the years. Probation generally likes to work with people and be as accommodating as they can, unless they think someone has been abusive.

## How do I check my probation status in Texas?

If you’re on probation, and you want to know your status, ask your probation officer.

If think you may have a case and have questions about drug crime charges in Texas or any other criminal issue [contact us online here](/landing-form/) or call us at 409-515-6170

**Categories:** Drug Possession

**Tags:** Drug Possession

---

### [9 Common Legal Questions Asked Around Galveston Texas](https://texascriminaljustice.com/9-common-legal-questions-asked-around-galveston-texas/)

**Published:** May 4, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Common Legal Questions](https://texascriminaljustice.com/wp-content/uploads/2021/04/Common-Legal-Questions.jpg "Common Legal Questions")

**Galveston County Criminal Defense Attorney Mark Diaz Answers Common Legal Questions in Texas**

## Do I need to hire a criminal defense attorney to represent me if it isn’t a serious crime? 

As I’ve said before, you always need an attorney when you are charged with a crime. A misdemeanor can lead to a criminal conviction, which would be on your criminal record for life. So, George, even if you think it’s not serious, it is a criminal case. You would indeed want a criminal defense attorney to handle that for you.

## What are some of the most important rights I have as an accused person? 

The first right is to keep your mouth shut. In other words, the right to remain silent. You of course have various rights, but the one that my clients always hurt themselves on, is the right to remain silent. When you speak to the police, they are only trying to extract information from you that would help gain a conviction.

When there is a criminal investigation, they are not there to help clear you of the charges. Therefore, you should not talk to the police in a criminal investigation without your attorney present. There’s no exception to this that I can think of. You always want your attorney with you when you’re going to speak to the police so that you can know what questions you should or should not answer. I can tell you 98% of the time when people come to me and the police want to speak to them, the answer is no.

There have been very few occasions where I would allow an interview, and of course, I would be present. Again, as an accused, you’re only the accused, you’re presumed innocent under our system of justice, until and unless the state meets their burden of proof and proves your guilt beyond a reasonable doubt.

## What should I expect to happen at my first court appearance?

That is going to depend on whether you are charged with a felony or misdemeanor, it’s going to depend on which jurisdiction you’re in, here in Galveston County, you shouldn’t expect much to happen. Your attorney should be there to answer the docket for you.

If your attorney is not there when the docket is called, you would just stand up and say present, when they called your name, and you would sit back down. If your attorney is there during the docket call, and if it’s me, then I would stand up and say “present with counsel” and point at you so that the judge knows you’re present.

Depending upon when your first court date falls in relation to your arrest, I may or may not have discovery before your first court appearance. If I don’t, on the first court appearance, I will ask the state for whatever they have at that point, even if it’s something as small as the offense report, I need somewhere to start. That’s usually pretty easy. I can usually ask for that in court and they can email it to me while we’re in court.

Other than that, I get a new setting, and we just reset to figure out what discovery I’m missing, and any investigation I may want to do. So I’ll get a subsequent court date. Typically, a first-court appearance is not very eventful. Sometimes if it is a case involving family violence or a victim that the state doesn’t want you to have contact with, there’ll be some [bond conditions](/what-happens-if-charged-with-violation-of-bond-conditions-in-texas/) dealt with before the court on your first court date, meaning you can’t have contact with this person, or you can’t go to or near this person’s residence.

In some courts, if it’s a drug offense, the judge will issue a bond condition making you start drug testing when you come to court. So that could happen depending on which court you’re in as well. As far as your case, you shouldn’t expect much on your very first court appearance.

## **What** determines **whether my case will go to trial?**

There’s a lot that goes into that question. It could be that I don’t think the state has enough evidence to prove your guilt beyond a reasonable doubt, so my recommendation to you is that we go to trial. It could be that we’re so far apart on punishment. For example, you want probation and you’re legally eligible for probation, but the state will only offer time in a plea bargain. In that situation, we might end up going to trial.

There are other alternatives, but that has been a trial issue in the past where our main focus was punishment. It is possible to avoid the trial and just do punishment in some circumstances, but a lot of times my attitude ends up being, if the state’s not going to give me what I want, then they’re going to have to earn it. I’m not going to lie down and give them a guilty plea over a punishment issue if they’re not going to work with me.

What else could make your case go to trial? Well, you could. It’s your constitutional right, no matter what I think, if you demand a jury trial, I’m going to give you a jury trial. There are also no offer cases. A lot of times this happens with murder cases, the state simply will not make an offer because of the seriousness of the offense. So we have no choice but to go to trial.

No offer cases can be other types of cases, not just murder. I’ve had it in a drug case before because of the number of kilos. So there are several reasons why your case might go to trial, just like there are reasons your case wouldn’t go to trial.

## If the police never read me my rights, can my attorney get the charges dismissed?

I get this question a lot. I guess this comes from too much television. The police do not have to read you your rights, to arrest you. The police have to read you your rights if they’re going to interrogate you.

So if you are the subject of an investigation, and the police want to talk to you and try to get information from you, or a confession from you, then they have to read you your rights, which is Miranda. So they have to Mirandize you before they can try to get a statement from you.

That does not mean if they see you commit a criminal offense, they have to read you your rights before they handcuff you. Normally, people think I’m going to get off because they put the handcuffs on me and threw me in the patrol car, and never read me my rights. Well, that’s because it was an arrest, not an investigation.

## Can the police arrest me without evidence of my guilt?

The simple answer is yes. It would depend on the circumstances. People get arrested all the time because of what police officers believe, what other witnesses stated, etc. They don’t have to have evidence that you’re guilty to arrest you. Simply being arrested doesn’t mean you’ll be found guilty. Just because you get arrested doesn’t mean you’re going to get convicted. The state will do the investigation and try to gather evidence of guilt.

The police officers don’t necessarily do any of that before effecting an arrest. The arrest could be based on a number of things, like I said, someone else said you did something. Any number of circumstances. They don’t have to have evidence just to arrest you. I mean, the easiest thing I can think of is, for instance, in a sexual assault case, whether it be an adult or a child, oftentimes there’s no witness. It is just the person who was assaulted making the accusation. So they accuse you, and the police arrest you, but the case still has to be built. So yes, the police can arrest you without evidence of your guilt.

## If the person who filed criminal charges against me does not want to go to court or continue with the case, will the charges be taken away?

The answer is most of the time. The Constitution guarantees you the right to confront your accuser. So if your accuser is not willing to present and face you, and let you cross-examine them, then that would violate your constitutional rights. The case cannot proceed forward in that situation. There are some exceptions.

Let’s say the person was interviewed at the scene, and there was a certain amount of emotion involved, and we would have to have a hearing to determine whether or not that’s admissible without having that person testify under certain evidentiary rules. Most of the time, your right to confrontation is going to be the controlling factor.

## If I have a warrant for my arrest, will hiring a lawyer help me avoid jail?

No, I can’t make the warrant go away. If a warrant has been issued for your arrest, the case doesn’t become active until you’ve been arrested. Many times the case has not even been assigned to a court for me to try and talk to a prosecutor. There’s nothing I can do to avoid that initial jail visit.

Depending upon the type of warrant, you would contact me and say I have a warrant. I’ll find out if it’s a felony or a misdemeanor, and then we’ll set you up with a bonding company, and have you do what we call a turnaround. Meaning you go in with your bonding company with bond in hand, turn yourself in, and you have to go for processing and then you’ll turn around and come right out.

Most of my clients report that that’s about a three-hour process. So I can help shorten the amount of time you’re going to be in jail, but I cannot avoid the jail check altogether.

## What happens if I can’t afford the amount of bail set for me? Can a lawyer help me get bail reduced?

Yes, we do Bond Reduction hearings almost weekly. We did one this morning. So it oftentimes happens that a person can’t afford the amount of bail that is set by the court. So we typically file a writ of habeas corpus seeking bail reduction. It’s a motion to get your bail reduced. We have a hearing, we have to have someone testify regarding your financial position or their funds, depending on who would post bail, whether or not they’ve talked to a bonding company, what type of bail you could afford, etc. We go through that process so you can get a bail reduction.

The important part about hiring a lawyer who knows where they are is that depending upon which court you fall in, I have some idea of the chances of getting that reduction or not getting it. Generally speaking, yes we get bond reductions all the time. Now, people do call sometimes and ask if they can hire us just to do a bail reduction. I don’t do that.

Check out our new page for more questions and answers at [Texas Criminal Law FAQ](/texas-criminal-law-faq/).

Here in Galveston County, if you’re going to come on to a case you’re coming on to a case. Many years ago here in the county, there was a time when we could make an appearance just for bail reduction. However, the county stopped that. Regardless of whether they allowed it, I wouldn’t do that. If I’m coming on your case, I’m coming on your case. I’m not just coming in to try and help you get out of jail, and then jump back off. If I’m going to defend you, I’m going to defend you. If you have been charged with any kind of crime in the Galveston area call our [Texas criminal defense lawyers](/) for a free consultation about your case at (409) 515-6170

**Categories:** Criminal defense attorney

**Tags:** legal questions

---

### [What Drug Laws In Texas Are The Harshest?](https://texascriminaljustice.com/what-drug-laws-in-texas-are-the-harshest/)

**Published:** April 29, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas drug laws](https://texascriminaljustice.com/wp-content/uploads/2021/04/Texas-drug-laws.jpg "Texas drug laws")Drug laws in Texas can be tough so it is no surprise that Texas is often described as a state that is particularly harsh when it comes to illegal drug use. Although this reputation may not be completely accurate, it is impossible to deny the substantial legal penalties a person may face if convicted of the illegal possession, distribution, or manufacture of a controlled substance. In this article, we will explore some of the harsher drug penalties available under Texas law–as well as what you can do to fight such charges if you are ever arrested.

## What Is a Controlled Substance?

When we talk about “illegal drugs,” we really mean controlled substances. In fact, few drugs are completely illegal. A controlled substance is any chemical compound that may have a detrimental effect on a person’s health and well-being.

Many controlled substances have demonstrated medicinal or therapeutic value. But given the potential for addiction, abuse, or other side effects, these controlled substances may only be handled by licensed professionals and prescribed to individuals on an as-needed basis.

To put things in plain English, all [prescription drugs are controlled substances](/prescription-drug-abuse-and-criminal-prescription-drug-possession-in-texas/). If you obtained these medications without a doctor’s prescription, you are violating federal and state drug laws.

## How Are Controlled Substances Classified In Texas?

The federal government and the State of Texas each have their own Controlled Substances Acts. These acts break down all controlled substances into different categories, which are known as schedules. The federal and state schedules are largely the same, although there may be some differences. For purposes of this article, we will be looking strictly at the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/pdf/HS.481.pdf) (TCSA).

The TCSA refers to its schedules as “Penalty Groups.” There are five penalty groups in total. Penalty Group 1 includes the most heavily regulated controlled substances. These are essentially chemical compounds that, according to the State of Texas, are by their very nature highly dangerous and addictive. The most commonly used–and abused–Penalty Group 1 drugs include cocaine, heroin, Methamphetamine, and Ketamine. There is also a Penalty Group 1-A that primarily includes LSD.

Another key category of Penalty Group 1 controlled substances are opioids. If you or your family have experienced addiction to painkillers, these are opioids. Some of the more widely abused opioids are codeine, hydrocodone, and oxycodone.

Again, it is important to emphasize that if you have a lawful prescription for opioids, it is not against the law to possess them. But if you become addicted to opioids and continue to seek the drug from non-medical sources once your prescription runs out, you can be arrested and prosecuted for possession of a Penalty Group 1 drug. Also, note that many other Penalty Group 1 drugs like cocaine have no legally accepted medical use. It is always illegal to possess such drugs.

## What Are The Penalties For Possessing a Penalty Group 1 Drug?

Each of the Penalty Groups carries its own sliding scale of criminal degree and punishments. In Texas, all criminal offenses are classified as either a misdemeanor or a felony. Misdemeanors are crimes punishable by no more than 1 year in jail.

At the lowest end of the scale are Class C misdemeanors, which carry a fine but no jail time. There are also Class A and Class B misdemeanors. Felonies, aside from capital crimes, are broken down into four categories, ranging from state jail felonies to first-degree felonies.

When it comes to possession of a controlled substance, the type and degree of criminal charge largely comes down to the amount of drugs involved. The rule of thumb is that the more drugs the police find, the harsher the charge–and the greater the potential prison term. Although possession of drugs in any of the Penalty Groups can lead to first-degree felony charges if the quantities are sufficiently large, the charges start at the felony level for Penalty Group 1 drugs.

For example, let’s say a person is arrested for possession of less than 1 gram of cocaine. Since cocaine is a Penalty Group 1 controlled substance, the charge is a state jail felony–even though the amount involved is quite small. If the defendant is convicted, they face a state jail term of anywhere between 6 months and 2 years. They may also have to pay a fine of up to $10,000.

Now, what if a similar defendant is caught and charged with illegal possession of 1 gram of anabolic steroids. This a Penalty Group 3 controlled substance. Even though the quantity of drugs was the same as the cocaine defendant, the steroids defendant will only be charged with a Class A misdemeanor. A conviction on this charge only carries a maximum penalty of 1 year in county jail and a $4,000 fine.

In fact, you can possess up to 28 grams of a Penalty Group 3 controlled substance and still be charged with a Class A misdemeanor. In contrast, if you have 28 grams of a Penalty Group 1 drug, that is prosecuted as a second-degree felony. This is where we get into the harshest levels of punishment, as a second-degree felony carries a maximum possible penalty of 20 years in state prison.

## Can You Go to Jail for Life for Drug Possession?

Yes, if enough drugs are involved, possession can lead to a first-degree felony charge–and a prison term of up to 99 years, which is effectively a life sentence. Keep in mind, we are not talking about small amounts of drugs used for purely recreational purposes. Once you get to the first-degree felony level, the prosecution believes your intent was to distribute those drugs to other people.

For Penalty Group 1 controlled substances, the first-degree felony charge is triggered when there is at least 200 grams of drugs involved. The minimum prison term for a first-degree felony conviction is 5 years. But again, depending on the facts of a particular case, it is possible for the judge to impose the 99-year de facto life sentence.

There is also an “enhanced” first-degree felony charge that applies when there are more than 400 grams of a Penalty Group 1 drug involved. The enhanced charge carries the same maximum punishment of 99 years. But the minimum term is doubled from 5 to 10 years.

## What The Penalties For Marijuana?

Marijuana is perhaps the most commonly used drug in Texas. It also does not fall within any of the Penalty Groups discussed above. Marijuana is essentially its own category of controlled substance.

The same general sliding scale of misdemeanors and felonies remains intact. At the low end, possession of 2 ounces or less of marijuana is a Class B misdemeanor. To get to the first-degree felony, the police would need to catch you with over 2,000 pounds of weed. But state jail felony charges kick in at just 4 ounces.

[Texas law also has some special penalties with respect to the sale or distribution of marijuana](/texas-cannabis-laws-how-harsh-are-the-penalties/). The sale of 7 ounces or less may be prosecuted as a Class B or Class A misdemeanor, depending on whether or not the defendant received any “numeration” (i.e., money) for the weed. Additionally, the distribution of any amount of marijuana to a minor is automatically charged as a third-degree felony, which can lead to a maximum state prison term of 20 years.

## How Can You Avoid the Harshest Penalties for Drug Possession?

Even if you are placed under arrest because a controlled substance is found on or near you, that does not automatically mean you have committed a crime. There are multiple possible defenses to a drug possession or drug distribution charge. Every case is different, of course, but some of the more commonly used defenses include the following:

- The defendant lacked actual control over the controlled substances. For example, if the defendant was a passenger in someone else’s car and cocaine was found in the trunk, the defendant did not have actual control over that part of the vehicle and therefore cannot be guilty of possession.
- The defendant had a valid prescription for the controlled substance. Again, this defense will not always apply, as some controlled substances have no legally acceptable medical use.
- The defendant possessed the controlled substance as part of an FDA-approved investigation.
- The defendant was found in possession of a substance that was not actually intended for human consumption.
- The prosecution cannot prove–beyond a reasonable doubt–the exact quantity of drugs involved.

There are also many situations where police did recover an illegal controlled substance that may have been under the defendant’s control, but the search and seizure itself was unconstitutional. For instance, if the police searched the defendant’s home without a warrant, any drugs found inside the property could not be used as evidence in court. Similarly, if the police only found drugs on the defendant after illegally stopping their vehicle, such evidence would also be excluded by a judge.

Given the potentially harsh consequences of a drug conviction in Texas, it is imperative you work with an experienced [Galveston criminal defense lawyer](/team_member/mark-diaz/) who will zealously represent your interests in court. Contact attorney Mark A. Diaz today if you need immediate assistance with a drug trafficking or drug possession charge.

**Categories:** Criminal Defense Lawyer

**Tags:** drug laws

---

### [What You Need To Know About Bail And Bail Bonds In Texas](https://texascriminaljustice.com/what-you-need-to-know-about-bail-and-bail-bonds-in-texas/)

**Published:** October 23, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![bail bonds in texas making bail Galveston criminal defense lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/04/bail-bonds-in-texas-making-bail-Galveston-criminal-defense-lawyer.jpg "bail bonds in texas making bail Galveston criminal defense lawyer")Many people accused of crimes in Texas are forced to stay in jail while awaiting trial with **high bail bond amounts**. The most common reason for this is that the accused person cannot afford to make bail. Although the bail system is not supposed to punish people simply for being poor, that is often the practical effect of how Texas courts enforce the laws governing bail and bail bonds.

So how does bail work? And what is the difference between “bail” and a “bail bond”? In this article, our Galveston County criminal defense lawyer will provide a brief overview of the bail laws in Texas and what you need to know if you, or someone you are close with, is ever placed under arrest on suspicion of a crime.

## What Is Bail?

The concept of bail dates back to ancient England. Prisons were not as widespread as they are today, and it was often impractical to hold a person accused of a crime while awaiting trial. So many accused defendants were allowed to buy their freedom by paying a sum of money called bail, which was typically what they would owe the victim if they were ultimately found guilty.

In present-day Texas, the purpose of bail is simple: to ensure the accused will make all required appearances and not attempt to flee the jurisdiction. The [Texas Penal Code defines bail](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm) more precisely as “the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.” After a person is arrested, they are brought before a magistrate, who sets the conditions of bail.

Note the use of the terms “bail bond” and “personal bond.” These refer to different types of bail. Let’s take the bail bond first. A bail bond is what most people commonly associate with bail itself–an amount of money they must pay to get out of jail while awaiting trial. If the defendant has the money to pay for bail outright, that is known as cash bail. But if they do not have the money, then they must take out a bail bond.

For example, let’s say John Doe is charged with a crime. The judge sets his bail at $50,000. John does not have access to this much cash. If he still wants to post bail and get out of jail, he will need to obtain a bail bond.

A bail bond is a legal agreement between yourself and a third party, who is known as a surety. The surety posts the bond and guarantees to the court that you will make any necessary appearances. There are a number of individuals and businesses that will agree to act as a surety in exchange for compensation. These are known as “bail bondsmen.” A professional bail bondsman must be licensed by the State of Texas.

So to continue our John Doe hypothetical example, John Doe could go to a licensed professional bail bondsman and sign an agreement to have them post the $50,000 bail. In exchange, John Doe must give the bond bailsman a fee or “bond premium.” This is normally 10 percent of the full [amount of the bail](/how-is-the-amount-of-bail-decided-in-texas/) bond, which in this case would be $5,000.

## What Is A Personal Bond?

When a magistrate or judge releases a defendant on personal bond, they do not have to pay cash bail or obtain a bail bond in order to be released from jail. The defendant is “released on recognizance,” or in plain terms, on their promise to appear in court when required. The court may still require the defendant to post a personal bond fee before being released, which is equal to the greater of $20 or 3 percent of the cash bail amount fixed by the court.

It is important to note that even when a defendant is released on personal bond, the court can still impose certain conditions or restrictions on the defendant. For instance, a defendant released on recognizance may be ordered to stay away from their accuser, avoid using illegal drugs or alcohol, and surrender any firearms in their possession.

## How Does a Court Decide the Amount of Bail?

Every Texas trial court has a “bond schedule” that guides magistrates and judges in assessing the amount of bail. These are only guidelines, however, and individual judges and magistrates may adjust the amount of bail upward or downward depending on the circumstances of a case.

Here are some of the more common factors that courts use in fixing the amount of bail:

- The severity of the criminal charge; for example, a felony will usually carry a higher amount of bail than a misdemeanor.
- Whether the defendant has any prior criminal convictions.
- Whether the defendant was already out on bail at the time of their arrest.
- Whether the defendant is currently on probation following conviction for another crime.
- Whether the defendant may pose a risk to other people in the community.
- Whether the defendant may be considered a “flight risk.”

## What Does Flight Risk Mean?

This last item warrants some further explanation. The term “flight risk” is often associated with bail decisions. It broadly refers to the court’s assessment of whether a particular defendant has the means or incentive to flee the jurisdiction before trial.

Consider two defendants charged with similar crimes. Defendant A has lived in Galveston their entire life. He has a 9-to-5 job and a family to support. He has never traveled outside of Texas and in fact, does not have a passport.

Defendant B, in contrast, was arrested in Galveston while visiting from another state. She has no ties to the community. She also has access to substantial wealth and a passport.

A judge is likely to set Defendant B’s bail much higher than that of Defendant A, as the former is a greater flight risk. Of course, Defendant B is also much more likely to be in a position to post bail than Defendant A, especially if he does not have easy access to cash.

## When Can a Texas Court Deny Bail?

Although the law presumes most defendants are entitled to some sort of bail, there are exceptions. A court may deny bail outright–thus forcing a defendant to remain in jail pending trial–under certain circumstances. These include cases where the defendant is charged with capital murder or they are charged with a felony and have a prior felony record.

## What If I Fail to Meet the Conditions of Bail?

As noted above, bail is not an unconditional release from jail. Whether you were released on a bail bond or personal bond, the court will order you to meet certain conditions in order to stay out of jail through your trial. If you fail to appear in court when required or otherwise “skip bail,” the court will issue a bench warrant for your immediate arrest.

Skipping bail is costly. If you posted cash bail with the court, all of that money is forfeited to the court, so you will not get any of it back. If you took out a bail bond, the surety loses its money and will seek to recover it from you.

## Can I Get My Bail Back?

If you posted cash bail and complied with all of the court’s conditions, you will typically get your money back when your criminal case is completed. If you posted a bond through a bail bondsman, however, they will keep the 10 percent or other bond premium you paid them, as that is nonrefundable.

## Can I Ask the Court to Reduce My Bail?

Even after the court sets the amount of bail, as the defendant you have the right to request a reduction. The court will hold a separate bail hearing to decide if a reduction or change in bail is warranted. Keep in mind, however, that the prosecution can also request the court raise the amount of bail.

## **How a Galveston Criminal Defense Attorney Can Help You With Bail**

Too many people arrested for crimes do not have a lawyer present for their bail hearing. This often leads magistrates to make rushed decisions based on pre-existing bond schedules, as opposed to taking the time to properly consider the defendant’s particular circumstances. By working with an experienced [Galveston criminal defense attorney](/), a suspect’s bail often receives more individualized attention.

Even after your preliminary hearing, your criminal defense attorney can continue to fight for a reduction in bail at a subsequent hearing. In some cases, a defense attorney can even get the prosecution to agree to such a reduction or even a release on personal bond. Ultimately, a lawyer can mean the difference between sitting in jail for months awaiting trial or going home to your family while you continue to maintain your innocence.

So if you need legal representation in connection with any criminal defense matter, contact criminal defense attorney Mark A. Diaz today at (409) 515-6170 to [schedule a consultation](/landing-form/).

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties.

(Updated 10/23/2024)

**Categories:** Bail Bond, Criminal Defense Lawyer

**Tags:** bail bond

---

### [8 Steps To Take If Pulled Over For Drunk Driving In Galveston County](https://texascriminaljustice.com/8-steps-to-take-if-pulled-over-for-drunk-driving-in-galveston-county/)

**Published:** May 25, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/09/Mark-Diaz-Do-I-Have-to-Take-a-Breath-Test_September2020.jpg "Mark Diaz – Do I Have to Take a Breath Test_September2020")You are driving home after having dinner at a restaurant in [Galveston County](https://www.galvestoncountytx.gov/). You had a couple of drinks with dinner but you still think you are well below the legal limit. Nevertheless, as you make your way home you suddenly see the light and sirens of a police car behind you.

Maybe you committed a minor traffic infraction without realizing it and the officer just plans to give you a ticket. Nevertheless, you are concerned about the smell of liquor on your breath and worry this simple traffic stop may lead to a drunk driving arrest.

So what should you do in this scenario? Should you preemptively try and explain yourself to the officer? Should you sit tight and say nothing? Will that just make you “look guilty” to the officer? And what if the officer asks you to submit to a Breathalyzer? Can you refuse?

For many Galveston County residents, a drunk driving arrest is often their first interaction with the criminal justice system. Lack of experience often leads people to panic and make crucial mistakes that can undermine their legal rights. With that in mind, here are the steps that you should take if you are pulled over on suspicion of drunk driving in Galveston County or anywhere else in Texas.

## **1. Pull Over Promptly But Safely**

We should not have to tell you this, but when an officer signals for you to pull over, do not try and flee. Even if you have not been drinking, leading an officer on a high-speed car chase will still land you in serious trouble. So when you see the flashing lights, the first thing you need to do is comply and pull over.

Keep in mind, the officer is watching you this entire time. If you pull over in an unsafe or erratic manner–say you stop your car suddenly in the middle of the road–the officer will probably take that as a sign you are intoxicated. So the first thing you need to do is locate a place where you call pull off the road promptly but safely.

## **2. Remain In Your Vehicle–Do Not Make Any Sudden Movements**

We are all familiar with incidents where police officers draw their weapon and fire on a suspect when the officer feels their life might be in danger. You do not want to become another excessive force statistic. This means that when you are pulled over, remain in your vehicle until approached by the officer. Do not get out of your car or make any sudden movements that may be misinterpreted as an attempt to resist the officer.

This goes for how you compose yourself in your vehicle. That is to say, keep your hands on the steering wheel when the officer approaches. Do not “reach for” anything below your seat or in the center console. Even if such movements are perfectly innocent, an officer may see this as you going for a weapon.

## **3. Always Remain Polite**

Here in Galveston County and throughout the country, it has become standard procedure for officers to record their interactions with the public using body or dashboard cameras. Even if you do not see such a camera right away, you should always assume that you are being recorded. As such, it is in your best interests to not say or act in a manner that might be viewed unfavorably later by a prosecutor or jury.

In simple terms, you should always remain polite when interacting with the officer who has pulled you over. Refer to the officer as “sir” or “ma’am,” as may be appropriate. Even if the officer says something offensive or rude, do not take the bait.

## **4. Provide Basic Information–But Do Not Answer Detailed Questions**

This is one area where people often get confused about their legal rights. You probably know that you have a “right to remain silent” when questioned by police. But when you are pulled over, even for a routine traffic stop, you do need to provide some basic information to the officer, including your name, driver’s license, and proof of insurance.

Remember, driving is still a state-regulated privilege in Texas. Asking to see your license and insurance information is not considered a “search” that requires any type of warrant.

But beyond this basic information, you do not–and should not–answer any further questions during a traffic stop. This includes seemingly innocuous inquiries like, “Where are you coming from?” If you tell the officer you were just at a restaurant or bar, that will only fuel their suspicion regarding drunk driving.

Basically, the moment that an officer asks you anything about where you are traveling or where you have been, you should politely but firmly invoke your right to remain silent.

## **5. Do Not Agree to Any Field Sobriety Tests**

When an officer suspects you of drunk driving, they may ask you to take a “field sobriety test” right there on the side of the road. An example of a field sobriety test is the Horizontal Gaze Nystagmus test. You have probably seen (or taken) this test before: It is where the officer asks you to follow a light with your eyes. The purpose of the test is to see if your eyes engage in an involuntary jerking reaction. The officer is supposed to look for 6 potential cues that may indicate intoxication.

Field sobriety tests are notoriously unreliable. Many police officers are not trained on how to properly administer and judge the tests. More to the point, you are not legally required to submit to such tests. The same goes for any hand-held Breathalyzer test the officer requests.

## **6. You Can Normally Refuse a Blood or Breath Test–But Be Aware of the Consequences**

If you are placed under arrest on suspicion of drunk driving, standard procedure is for the police to formally request you submit to a chemical test to determine your blood-alcohol concentration. This is typically done with a blood or breath test (the latter is commonly known as a Breathalyzer) administered by a trained professional.

As a matter of constitutional law, you normally have the right to refuse a request to take such a test, as it constitutes a search of your person. But refusing a chemical test following a lawful arrest will have certain consequences beyond any potential criminal case.

Under Texas law, your driver’s license is automatically suspended by the state’s Department of Public Safety. If this is your first arrest, the automatic suspension lasts 180 days. You do have the right to appeal the administrative suspension of your license, and during the appeals process, you will continue to enjoy driving privileges.

And even if you refuse to submit to a chemical test, that does not prevent the District Attorney from continuing to pursue a criminal DWI case against you. On the contrary, the prosecution can introduce other evidence, including the arresting officer’s observations, to prove you were drunk driving. Furthermore, the prosecution can point to your refusal to consent to a blood or breath test as proof that you knew you were too drunk to drive.

## **7. Never Make Any Statements to the Police Following Your Arrest Without Speaking to an Attorney First**

When you are placed under arrest, the officer is required to give you the standard Miranda warnings. This includes your right to remain silent and your right to have an attorney present during any questioning. These rights are critical. Do not waive or ignore them.

In particular, once the handcuffs are placed on you, it is imperative that you make no further statements to the police unless and until you have spoken to an experienced [Galveston DWI lawyer](/dwi-charges/). An attorney should always be present when you are questioned by police. This protects you against inadvertently saying something that might be construed as a confession of guilt or otherwise introduced against you as evidence in court.

## **8. Write Down Anything You Remember About the Arrest**

After you are released from custody, it is a good idea to take down notes about everything you can remember about the circumstances leading up to your arrest, such as what you were doing that night and what the officer actually said to you when you were pulled over. This information will help your attorney devise a defense for your case. Even a seemingly minor detail can prove useful.

**Contact Galveston DWI Lawyer Mark A. Diaz Today**

A drunk driving arrest is often a frightening experience. Especially if you have never been in trouble with the law previously, a DWI charge may appear overwhelming at first. The good news is, you do not need to face that charge alone. Galveston DWI lawyer Mark A. Diaz represents people like you every day who have been charged with DWI. [Contact his office today](/landing-form/) to schedule an initial consultation.

**Categories:** DWI defense attorney

**Tags:** drunk driving

---

### [Questions On Drug Manufacturing Charges In Texas](https://texascriminaljustice.com/questions-on-drug-manufacturing-charges-in-texas/)

**Published:** May 10, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Manufacturing](https://texascriminaljustice.com/wp-content/uploads/2021/05/Drug-Manufacturing.jpg "Drug Manufacturing")

The questions this week center on drug manufacturing charges and delivery, which is an enhancement from possession according to [Texas Statutes](http://www.lcle.la.gov/sentencing_commission/Resources/I%20E.%20TX%20Drug%20Laws.pdf). If there is any evidence that you are either manufacturing or delivering drugs, that is an enhancement. Whatever level of punishment you were at, an enhancement would bump it up to the next level. If you had a third-degree amount, and it was manufacturing & delivery, you’d be bumped up to a second degree.

## What does manufacturing drugs mean?

The simplest example is a meth cook. Meth is made from a whole bunch of chemicals. There are all kinds of documentaries out there that show how different people set up different meth labs. That’s [drug manufacturing](/drug-manufacturing/).

The same thing with a marijuana grow house, you’re making the product. Turning cocaine into crack, that’s manufacturing.

Typically what we see is someone will have a quantity of any drug, meth, cocaine, whatever… and they’ll have it stored in individual packages of a certain weight, and they’ll have a lot of those packages.

Many times the state will argue that that’s evidence that the defendant is manufacturing/delivering. If you have a large quantity broken into smaller quantities and you’re caught carrying it around like that, law enforcement likes to say that you have it not for personal use but to sell.

They will try to stick you with manufacturing and delivery enhancement because of the way you stored the drugs.

## How long can you go to jail for drug manufacturing? 

So it’s the same as anything else, it depends on the quantity, what drug, and what level of felony, but all the felony levels apply. First degrees, five to 99, or life, could be 15 to life if you have over 400 grams.

Or it can be a small case and not so severe. Then, of course, as with every other [drug crime](/8-common-texas-drug-crime-questions-answered/), you’re always eligible for probation depending upon your criminal history. Whether that be a deferred adjudication or straight probation, you’re going to have that option of probation.

## Which drug carries the highest criminal penalties? 

All the penalty group one substances, the most common of which are cocaine, meth, heroin, they’re going to have the highest penalties.

## Can my house or car be taken if I’m arrested for drug manufacturing?

Yes. We deal with this a lot. I have several right now. In one case, for instance, my client drove his car to a location and sold it to an undercover police officer. That’s what initiated the investigation. Since he used that vehicle in the commission of a felony, which was the delivery of the narcotics, the state has now filed a separate action, which is a civil case, but it’s a forfeiture case, to seize his vehicle.

This is becoming more and more common and abused by the state in my opinion, and we’ll get to that in a second. In the civil action the state, because it’s a civil suit, not a criminal case, has a lower burden of proof in those cases where they try to seize your car, your house, money, there are all kinds of things that they’ll try to seize.

In that case, I was just talking about, they’re trying to seize my client’s car because he used it in the commission of a felony, which was the delivery of drugs to an undercover police officer. That case is separate from our criminal case.

Typically what happens is the civil case is abated, or stopped, until we resolve the criminal case. Generally, dependent on how we resolve the criminal case, we still go ahead and do the civil hearing to fight the forfeiture.

In many cases, I believe the state overreaches. I have a client right now, drugs were found at his home. Based solely upon that, the state is trying to seize his home. He owned his home outright, he did not have a mortgage. So they’re trying to seize his home because drugs were found.

It’s my position that the state cannot prove that he purchased his home with illegal proceeds. I know how he purchased this home and it was legal, and we have proof of that. Nevertheless, the state wants to go forward with the forfeiture of his home because drugs were found. This is rare. Once that case eventually gets litigated I can let you all know what happens. I don’t think the state will be successful in that case.

That’s what I meant when I said I think the state sometimes overreaches on the seizures because they just tried to apply the law as broadly as possible so they can try and take people’s property. It just seems fundamentally unfair to me, but we’ll see what the court thinks in that case. So the answer is yes. Your house or car can be taken.

## What makes drug manufacturing sentences harsher? 

Well, because it’s an enhancement that heightens the punishment. The reasoning behind that, as far as the state is concerned, is they want to discourage drug dealers, and drug manufacturers, because those are the people putting drugs out on the street.

## What drugs are most people caught manufacturing in the Galveston area? 

This changes. Right now, the top two as far as I can tell from the cases we’ve been getting, are gonna be methamphetamine and heroin. Cocaine has sort of fallen off in the Galveston area. Meth and heroin have taken over the streets.

## Are minors given leeway on drug manufacturing charges? 

The juvenile system is set up more towards rehab. When I say rehab, I don’t mean sending them to a facility. Everyone involved in the system likes to try and help young people. We want to see younger people get on the right path and succeed.

So is there leeway? Yeah, the whole juvenile system is sort of set up to not be punishing juveniles as adults. However, there’s no specific leeway just for manufacturing. For juveniles, we want to see them get on the right path and go forward and lead a successful life.

## Is it true that you can get up to life for a drug manufacturing charge? 

Yes. Any first-degree felony carries a possible five to 99 or life and a fine not to exceed $10,000. Life in a first-degree felony usually means 30 years, meaning, if you get life, you’ll be eligible for parole in 30 years.

Now, that’s distinguishable from capital life, which is something you see in a capital murder case. You can get life or capital life. Capital life means life without parole, which means you will never be eligible for parole. Regular, non-capital life, means that you would be eligible for parole in 30 years.

If you have been charged with a drug crime in Galveston or the surrounding area, [contact our Galveston drug crime lawyers online](/landing-form/) or call us at 409-515-6170

**Categories:** Drug Crimes

**Tags:** drug manufacturing

---

### [Common Questions On Homicide And Manslaughter In Texas](https://texascriminaljustice.com/common-questions-on-homicide-and-manslaughter-in-texas/)

**Published:** May 11, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Manslaughter](https://texascriminaljustice.com/wp-content/uploads/2021/01/Manslaughter.jpg "Manslaughter")

Homicide is one of the most serious crimes a person can be charged with. In this legal Q&A Galveston County criminal defense attorney answers common questions on homicide and manslaughter.

## Is it legal to kill for self-defense?

I don’t like the way that question is worded. When you say is it legal to kill for self-defense it makes it sound like there’s some malice intended, maybe that’s just me in the way I’m reading it. Generally speaking though, yes. Self-defense is a defense to the use of force, which would lead to death. So in the proper circumstances, if you’re in fear for your life, and feel like there is no other option, you may use lethal force as self-defense, and therefore you could kill in self-defense, although again I don’t like the way that question is phrased.

## Is the stand my ground law defense for homicide?

The way that that question is asked, it is. We don’t call it “stand my ground” in Texas, which became popular with several cases that were televised. If you are in your house, and an intruder is coming into your property, for whatever reason, you may use lethal force to stop that intruder, you do not have to retreat. That is a defense as well. Several years ago, there was a case in Pasadena where they were breaking into a neighbor’s house and a man went and defended his neighbor’s house and used lethal force. The grand jury did not indict that man, he was not charged.

## Can you shoot someone who’s trying to break into your vehicle?

No. That would be excessive to kill someone for trying to break into your vehicle. The law doesn’t recognize the defense of property, such as the defense of a vehicle, as a life-threatening situation. You cannot shoot someone simply for trying to commit the misdemeanor offense of breaking into your vehicle.

## How long would you be in jail for murder?

That’s a general question that people ask with every offense, and there’s no simple answer. It depends on who the victim is, the circumstances of the crime, etc. There are just so many variables that go into it. I know of cases where people have received sentences as little as 12 years for murder. In that specific case that I’m speaking of, it was a man who shot and killed a dope dealer that was taking advantage of his wife. Just a strange set of circumstances you don’t find every day.

So there is no general answer for how long would you be in jail for murder because every case and every fact situation is different. It also depends on the decedent. All of the facts will be taken into consideration when trying to figure out a punishment. Then, of course, it depends on whether or not we’re talking about a [plea bargain](/plea-bargains-are-often-a-bad-deal/) agreement, or if the jury is assessing punishment. Either way, though, all of the facts will be taken into account before assessing punishment.

## What are the four types of homicide?

[In Texas, we have four types of homicide](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm). I’ll list the four and then we can go through each one, we have murder, we have capital murder, we have manslaughter, and then we have a criminally negligent homicide.

**Felony Murder**

Probably the most common of these that is charged is murder. That is intentionally or knowingly causing the death of an individual. It also gets more complicated. It can be that you intended to cause serious bodily injury, and committed an act clearly dangerous to human life that causes the death of an individual. Or attempts to commit a felony other than manslaughter, and in the course of, commits an act clearly dangerous to human life, that causes the death. We refer to that as felony murder.

In other words, while you’re robbing the bank, the teller gets shot. We call that felony murder. That would mean that everyone involved in the robbery can be charged with that person’s murder for participating in the original felony. This murder is probably what is most often charged.

**Capital Murder**

I would venture to say the most publicized is going to be capital murder. The reason that’s going to be the most publicized is that for one, it can carry the death penalty, but also, it can be charged in so many ways. The number one way is killing a police officer or a fireman that’s in the discharge of their duties as a public servant. The second way is murdering in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat. Another way is killing two people in the same criminal episode.

I have tried that case, as a capital, my client was accused of shooting a man inside of a bar. When he was trying to get out of the bar, another patron tried to stop him and he shot that man and killed him as well. He was charged with capital murder, for killing two people in the same episode. He was found guilty and he got capital life, which means life without the possibility of parole.

There are other ways. One is if you commit murder while escaping, or attempting to escape from a penal institution, meaning jail or prison. Killing someone employed in the prison is not too common. Capital murder I think is the most publicized, simply because we see that on TV more than we see a regular murder. Murders are charged, quite often and frequently, unfortunately, but they don’t make the paper or the news. Whereas capital murder always does, because of the circumstances surrounding the murder.

If it’s an officer, it’s going to be on the news. If it’s killing two people, it’s going to be on the news. You might see that more in the news, but in actuality, it’s not charged as often.

**Manslaughter And Criminally Negligent Homicide**

Then we have manslaughter. A person commits an offense if he recklessly causes the death of an individual. That’s pretty clear.

Then criminally negligent homicide is if you cause the death of an individual by criminal negligence. That one, honestly I don’t see much. It’s very rare. Manslaughter is often what we will seek in a murder trial, we will seek a lesser included offense to the jury of manslaughter, depending of course on the circumstances that led to the decedent’s demise.

It’s hard for me to get facts specific because each case can be a different set of circumstances. One thing defense attorneys try to do in all trials if we feel it’s appropriate is seek a lesser for the jury claiming that the defense’s claim is that the conduct didn’t rise to the level of the charge, but rather to the lesser. That’s where we are on the four ways to charge[ homicide in Texas](/what-is-the-difference-between-homicide-and-manslaughter/). If you have any questions more specific than that, let me know and we can get into it.

## Is killing someone in a car accident manslaughter?

It can be. Let’s leave out the intoxication offenses which we can talk about another time. Depending upon the circumstances of the accident, yes, you could be charged with manslaughter. You’d have to give me a fact-specific scenario to tell you for sure.

Accidents can be just accidents, and that doesn’t mean that there needs to be criminal responsibility. Racing could raise the stakes. If you are engaged in illegal street racing, and a wreck ensues, and someone dies, that raises the stakes.

Unfortunately, people die in automobile accidents every day, but that’s not necessarily criminal. You would have to look at the facts that led up to the accident to determine whether or not the district attorney would attempt to seek charges against an individual. Again, I want to stay away from the intoxication aspect because that’s a whole other conversation.

## Can you be held responsible just for being present when someone else kills someone?

Generally speaking, the answer is going to be no. However, I would want to know what the circumstances were. If you’re at a party, and two guys get into an argument, and there are lots of people there, and one of them pulls out a gun and shoots the other, no one is responsible except the shooter.

If you and someone else went over to someone’s apartment, house, whatever, with the intent to rob them, and then you didn’t know it but the person you’re going to do the robbery with, pulls out a gun and shoots the homeowner, since you were there to commit a robbery, you’re going to be on the line for the murder as well, under the felony murder rule.

In that case, you would be held responsible just for being present when someone else killed someone. If you have no involvement in whatever the circumstances are that led up to the killing of that person, then no, you wouldn’t be charged with the crime just for being present. You would have to have participated in something to do with the crime before you could be charged.

## How do you defend homicide charges in Texas?

I can’t answer that without a fact scenario. Again, every case is different. How do I know how to defend any case over another case without knowing the facts? We always look for something and find a way to defend everyone. Remember that when we try cases, it is not guilty vs innocent, it is guilty vs not guilty. Innocence is not a choice for the jury.

The state has the burden of proof to prove the case against my client. That burden doesn’t shift to me ever as the defense attorney. Whether or not the state can meet its burden is the question. It’s not a question of actual innocence. Most of the time when you’re in a jury trial if the state can’t make the case and we win, actual innocence doesn’t come into play. Can the state meet its burden? That’s what I’m looking for.

If I can find a way to exploit something, so that the state cannot meet their burden, well that’s to my client’s benefit. I think we have about five murders in the office right now. None of them will be defended the same way. They each have a unique set of facts. They each have their defenses. Over the summer, or by the summer, one or more of my murder cases will get reached for trial. When I try that case, I can talk about it after.

If you or someone you know has been charged with a homicide or any other crime contact our [criminal defense lawyers](/) at texascriminaljustice.com/

**Categories:** Homicide

**Tags:** homicide, manslaughter, murder

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### [What Are The Top 5 Crimes In Texas?](https://texascriminaljustice.com/what-are-the-top-5-crimes-in-texas/)

**Published:** May 26, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal attorney](https://texascriminaljustice.com/wp-content/uploads/2021/05/criminal-attorney-1.jpg "criminal attorney")

If you Google “Top 5 Crimes in Texas,” you will find that the top five [crimes in Texas](/common-questions-on-drug-crime-charges-in-texas/) are drugs No. 1 – not a shocker. I wouldn’t have had to Google it to find that out. No. 2 is theft. No. 3 is aggravated assault. No. 4 is burglary. No. 5 is robbery. According to Google, these are the top five crimes in Texas. That’s pretty much true in my [criminal defense law office in Galveston](/) as well. Although I thought, surely in those top five would be the assault of a family member, but it didn’t make the cut. So let’s talk a little bit about each one.

## Drug Crimes In Texas

No. 1 drugs. I’ve talked so much about drug cases that I don’t know that there’s much else I can say. You have drugs classified in different penalty groups, what penalty group they’re in and the drug quantity would determine the level of the charge, be it a felony, or misdemeanor.

We do see misdemeanor drug cases and they usually involve pills. None of the penalty group one drugs, or the hard stuff, cocaine, methamphetamines, heroin, etc… can be charged as a misdemeanor. [Penalty group one drugs are always charged as a felony](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm).

However, there are times in “less than a gram cases” that we can get those charges reduced to possession of drug paraphernalia, which is a misdemeanor. Again, no shocker that [drug offenses](/how-different-is-the-punishment-for-drug-possession-vs-drug-trafficking/) are the number one crime in Texas. We get drug case calls weekly.

## Theft Crimes In Texas

No. 2 is theft. We see a lot of theft cases come through the office as well. A lot of the theft cases are misdemeanors, shoplifting cases, people trying to steal from Walmart, and whatnot. We don’t get a whole lot of simple misdemeanors.

In this office, we deal with more serious issues. Theft, sort of like with drugs, the penalty range increases for the dollar amount of the theft. Recently here in the paper, there was a woman who was alleged to have stolen $180,000 from the company that she worked for. That’s theft. Obviously with $180,000 she’s looking at a felony theft charge.

## Aggravated Assault In Texas

No. 3 is aggravated assault, which is generally a second-degree felony carrying a range of a minimum of two years, a maximum of 20, and a fine not to exceed $10,000. Aggravated assault can be charged in two ways.

One is because of the injuries. The simplest way to think about it is, if the injury causes a person to lose, even just for a period of time, the function of a body part, that’s an injury that can be considered aggravated. Damage to the eye, broken arm, anything that causes you to lose function of the body would classify as an aggravated assault.

The second way to commit aggravated assault is to use or exhibit a deadly weapon during the initial assault. Don’t bring a knife to a fistfight and there won’t be an aggravated assault charge.

## Burglary In Texas

No. 4, which again, doesn’t surprise me very much, is burglary. The main two ways we see burglary, especially in this office, is burglary of a habitation and burglary of a building. The distinction is that with habitation, the structure is built for someone to occupy as a home.

You can commit the offense in an empty house or a house that no one’s living in, if you enter without permission, and with the intent to commit a theft, or some other felony. If someone wants to break into a vacant house to steal appliances, that is still going to be burglary of a habitation.

Burglary of a building is different. That would be the one we see most often. Burglary of someone’s storage shed, not attached to the property, or a business that is clearly not meant to serve as a habitation. The next way we see burglary a lot is burglary of a motor vehicle.

This is, if you listen to social media, a big problem in Galveston. I’m not sure if that’s true, I’ve never dug down on the statistics to know if we have a bigger problem than anywhere else. It just gets bounced around on social media a lot.

There are a lot of burglaries of motor vehicle cases that we see in this office. Burglary of a motor vehicle is what it sounds like, someone breaks into someone else’s vehicle and steals usually something visible, a purse or backpack. The best thing that you can do in that respect is not leave things visible in your automobile. It’s less likely to get broken into. Those are the most common burglaries we see.

## Robbery In Texas

No. 5 is robbery. Robbery is very interesting. People can turn simple misdemeanor thefts into robbery simply by resisting. We’ve had several cases where a person is suspected of shoplifting, the store’s loss prevention people attempt to get them at the exit of whatever store it is, and instead of complying and going with loss prevention, they will use force to try and flee the scene. That effort just made it into a robbery.

The easiest way to think of it is robbery is committing theft but then using force in the commission of that theft. At that point, you’re charged with a robbery. Here in my office, we don’t see a whole lot of plain robbery cases. We do see aggravated robberies, which is when you’ve introduced a deadly weapon to commit the theft. Pulling a gun on someone and taking their purse, that’s aggravated robbery. We have more aggravated robbery cases in my office than we do just plain robbery.

That’s all I got there on the top five most common crimes in Texas.

How do I defend them?

Every case and every set of facts are different. There’s not a set way I can say that I defend any one case.

## Defending Drug Charges In Texas

In drug cases, there’s a lengthy analysis, how were the drugs discovered? Where were the drugs? Did the officers have probable cause to commence a search? There are so many things that we have to go through, including laboratory testing on the drugs. No two drug cases are alike.

If the encounter with the accused begins with an automobile, then I have to see if the stop of the automobile was lawful. If I determined that it was, then the next step is, did the officer have any reason to detain the person beyond the reasonable amount of time that it should have taken to deal with the traffic offense?

In other words, if you’re stopped for turning without your blinker, what can the officer say to articulate a legal sufficiency to further detain you beyond writing you a ticket for failing to use your signal? If he can not give a reason, then I might be able to win that case. There’s so much that goes into an analysis.

## Defending Theft Charges In Texas

Theft cases are often not dealt with in the same way either, it would depend on the nature of the theft. I have a theft case right now, which involves a trailer that my client is alleged to have stolen, but the video quality is extremely poor. From my perspective, I believe it’s impossible to identify who the person on the video is. So that case is still pending. I don’t know where we’ll get with that, but without something more solid, I don’t know that the state is going to get to it on that trailer theft, simply because I can’t identify the person on the video.

I have other cases where the businesses that are stolen from have cameras that make me go wow, their ability to zoom in on a person, their ability to get the details, the ability to pan them the cameras, some businesses invest real money in their cameras.

In those cases, they’re much harder to defend. In defending a theft case, we’d look at what the evidence is and figure out the best way to go forward.

## Defending Aggravated Assault Charges In Texas

Aggravated assault again is tough to say how I would defend because each case is so different, especially because now you’re going to have what the state is going to believe is a victim.

There could be self-defense issues, what is the history of the parties, what led to the event that resulted in someone being charged with aggravated assault, were there drugs or alcohol involved, there’s just so much that we have to look at in each case of aggravated assault.

## Defending Burglary And Robbery Charges In Texas

Burglary and robbery are the same. You’re starting to see a lot more people with cameras at their house. I think that most of that is due to the invention of the ring camera catching people getting into people’s vehicles. A lot of people will catch something on their ring doorbell or camera system.

Obviously, they alert the police, but then they also put it on social media, trying to identify the person that was getting into their car in the middle of the night. That’s kind of an interesting twist. We have to, again, look at the video quality to determine whether or not someone can be identified.

I had a case a while back where the defendant had a pantyhose over his head but the person’s camera system was so good that you could still tell that it was my client. Another funny thing about the cameras is that sometimes when you can’t identify the face, you can identify tattoos. That has happened.

I have another case right now where my client is accused of stealing something and that house had video as well, but the video is such that there’s no way it could have been my client. The person on the camera and my client are close to 200 pounds different. In that case, the video helps me to show that it’s not my client accused of that theft.

## Contact A Galveston Criminal Defense Lawyer

Mark Diaz is an experienced criminal defense attorney in Galveston County serving Galveston, Texas City, Alvin, League City, La Marque, and the surrounding areas.

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Attorney

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### [Why Is Due Process Important In Texas?](https://texascriminaljustice.com/why-is-due-process-important/)

**Published:** June 4, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Due Process](https://texascriminaljustice.com/wp-content/uploads/2021/06/Due-Process.jpg "Due Process")If you are charged with a crime, all of the rights that protect you, from the right to counsel to the right to remain silent to the right to a jury, all fall under the umbrella of “due process.” It is “due process” that is designed to protect criminal defendants from passion and prejudice and ensure every individual who faces prosecution by the state has the ability to mount a full and complete defense.

## **Constitutional Protections**

Due process is first embraced in the [Fifth Amendment to the U.S. Constitution](https://constitution.congress.gov/constitution/amendment-5/), which provides that no person shall “be deprived of life, liberty, or property, without due process of law.” (The Fourteenth Amendment provides the same protection as to actions by the states). Other amendments in the Bill of Rights address specific elements of due process, most importantly the Sixth Amendment, which affords criminal defendants seven (7) specific rights, all of which are essential to protecting our rights and our freedom:

- Right to a speedy trial
- Right to a public trial
- Right to an unbiased tribunal or impartial jury
- Right to full notice and explanation of the charges being brought and the grounds for bringing such charges
- Right to counsel
- Right to confront and cross-examine adverse witnesses
- Right to have the court compel favorable witnesses to appear

In addition to the foregoing rights set forth in the Sixth Amendment, the protections also includes the following:

- Right to receive exculpatory or opposing evidence from prosecutors
- Right to call witnesses and present evidence
- Right to make a record that can be reviewed on appeal
- Right to have a decision based solely on the evidence presented
- Right to review or appeal of a judge or jury’s decision

## Why Does “Due Process” Matter to a Criminal Defendant?

Due process in criminal cases has many facets and nuances, and the ways in which defendants can be deprived of due process are numerous. When any element of due process is missing during a criminal prosecution, the fairness and constitutionality of the state’s attempt to deprive an individual of their freedom has been compromised. A defendant whose rights have been violated can challenge the prosecution on those grounds and potentially have the charges thrown out. Having an experienced criminal defense lawyer who understands the complexities of due process and who will aggressively protect your constitutional rights can be of critical importance when you’ve been charged with a crime.

## Tips to Protect Your Due Process Rights

Because of the complexities of any criminal matter involving your civil liberties, some tips may help you handle possible due process violations and preserve your rights.

- If you are or believe you are under investigation, recognize that you do have rights even before an arrest.
- Do not provide police with any information that is not specifically indicated by a search warrant.
- Never consent to a search of your home or business without a warrant.
- If you are under arrest, exercise your right to remain silent and have access to legal counsel. Your only statements should be a request to contact your Galveston criminal defense lawyer.
- Under no circumstances should you resist arrest. Due process violations are not a subject to raise when law enforcement is taking you into custody. There will be many opportunities to address civil rights issues during the criminal process after the arrest. Fighting police will only make the situation worse and will not be taken lightly by the reviewing court later, even if it is proven your due process rights were in fact being violated.

## How a Texas Criminal Defense Attorney Can Help During the Legal Process

The most important advantages for retaining a criminal defense lawyer are experience and knowledge. Unless you have a legal background, you likely don’t know where to begin with addressing due process violations or other anomalies in the criminal process. A criminal defense attorney can also help with various tasks related to due process, such as:

- Guiding you during pre-arrest stages to ensure government officials do not trounce upon your civil rights
- Representing you when police execute a search warrant of your home, business, or other spaces where you have a reasonable expectation of privacy
- Taking the lead when detectives subject you to interrogation and interviews and advise you on when to remain silent
- Appearing in court for your arraignment to ensure compliance with due process requirements on reading the charges in open court and entering a plea
- Advocating on your behalf throughout the pretrial, when there are numerous opportunities for officials to infringe upon your rights; and
- Navigating the trial process to ensure fairness at the proceeding and beyond. It may be necessary to preserve your due process rights even through the appeals stage, and your attorney can do this by objecting to evidence and testimony.

## Contact a Criminal Defense Lawyer in Galveston County, TX About Civil Rights Issues

This overview of due process may be useful for understanding the basics, but the concept is complex and difficult to navigate in the criminal justice context without adequate training and experience. On a positive note, if government officials do violate your due process rights, you likely have a solid, effective defense that could lead to a dismissal of the charges. In other cases, it might be possible to work out a favorable plea agreement with a prosecutor who realizes that the evidence against you is questionable.

If you have questions about due process or concerns regarding unconstitutional treatment, please call (409) 515-6170 to reach Mark Diaz, Criminal Defense Attorney. You can set up a free consultation with a [Galveston criminal defense attorney](/landing-form/) who can explain the relevant concepts. Our team represents clients throughout Galveston County and Greater Houston in a wide range of criminal defense matters, so we are prepared to fight for your rights.

Mark Diaz & Associates is a Criminal Defense Law Firm Located in [Galveston, Texas](https://www.galvestoncountytx.gov/) representing clients throughout Galveston, Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, [League City](https://www.leaguecitytx.gov/), Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Defense Attorney

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### [What Are the Penalties for Possession of a Controlled Substance in Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-possession-of-a-controlled-substance-in-texas-2/)

**Published:** June 7, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Possession of a Controlled Substance](https://texascriminaljustice.com/wp-content/uploads/2021/06/Diaz_Possession-of-a-Controlled-Substance.jpg "Possession of a Controlled Substance")While any violation of Texas drug laws is an extremely serious matter, data indicates that the bulk of these cases involve possession charges. There are around 1.84 million arrests across the U.S. for various forms of illegal drug-related activity, and more than four-fifths are for possessing an illegal controlled substance. At the state level, the [*Texas Arrest Data*](https://www.dps.texas.gov/sites/default/files/documents/crimereports/14/citch9.pdf) report compiled by the Texas Department of Public Safety (DPS) indicates that officials arrest almost 123,000 people every year on such charges. In addition:

- In sum, drug possession charges make up almost 90 percent of all criminal arrests in Texas.
- The most common violation is possession of marijuana, at more than 67,000 arrests annually. This figure comprises 14 percent of all arrests in the state.
- Almost 24,000 individuals are charged with opium/cocaine possession, ranking in second place.
- Synthetic narcotics and other dangerous controlled substances round out the list, with a total of approximately 32,000 arrests in Texas every year.
- The estimated number of arrests for drug possession has been rising nationwide, indicating that law enforcement is stepping up investigation and enforcement efforts.

However, it is always important to remember that an arrest is not a conviction. You are innocent until proven guilty beyond a reasonable doubt, and the prosecutor’s burden is a heavy one. There may be defenses or other options to resolve the charges, and the best strategy for obtaining a favorable outcome is retaining a [Galveston, TX drug possession lawyer](/drug-possession/). To get a better understanding of your potential punishment for a conviction, you should also review the penalties for possession of a controlled substance in Texas.

**Penalties for Possession of a Controlled Substance in Texas**

Every case is different, so your own personal circumstances and the underlying circumstances of the crime can affect your punishment. If convicted, your sentence will be based upon a combination of the following factors:

- The type of drug, since some controlled substances are considered more dangerous under Texas law
- How much of the drug was in your possession when arrested, with higher amounts being treated more severely
- How the controlled substance was stored when you were arrested, particularly if you made extreme attempts to conceal it
- Whether you were also in possession of drug paraphernalia, large amounts of cash, storage containers which could indicate that you were engaging in a larger scheme for trafficking or manufacturing
- Any past convictions in your criminal history, including both drug crimes and non-drug offenses

**Collateral Consequences to Keep in Mind**

While many people focus on the criminal penalties for a conviction on drug possession charges, it is important to note the ramifications that may affect your life long after you serve your sentence. A conviction will go on your permanent criminal record, unless you qualify and go through the expunction process. As such, it will appear any time you are subjected to a background check, and you must disclose a conviction under certain circumstances.

If convicted, the collateral consequences may include:

- Challenges in finding employment
- Revocation or suspension of any professional license you hold, which also affects your employment
- Revocation or suspension of your driving privileges, regardless of whether the drug possession charges were linked to use of a vehicle
- Difficulties in obtaining a mortgage, auto loan, student loan, or line of credit
- Problems with living arrangements, since some landlords conduct background checks when you sign a lease
- Many others

**How Drug Schedules Affect Possession Charges**

Marijuana falls on the low end of the scale in terms of severity of punishment, with smaller amounts being classified as a Class B misdemeanor. Your penalties for being in possession of less than two ounces of pot could be up to 180 days in jail and a maximum fine of $2,000.

Controlled substances that fall in other categories are considered as more likely to lead to addiction and have little or no medical application, based upon the federal government’s system of schedules. Therefore, being in possession of these drugs is a more serious crime that carries harsher sanctions. A conviction for Class A misdemeanor possession may include up to a year incarceration and a $4,000 fine. Plus:

- For third degree felony drug possession, your sentence for a conviction could be 2-10 years in prison and a fine up to $10,000.
- If you are convicted for a second degree felony, a judge could sentence you to a maximum of 20 years in prison.
- A conviction for first degree felony drug possession could mean up to 99 years’ incarceration, or even life in prison for higher amounts of controlled substances on Schedule I.

**Prosecutor’s Burden in a Texas Drug Possession Case**

According to the statute, the prosecution has to prove certain factual elements beyond a reasonable doubt. For a case involving possession of a controlled substance, these include:

1. You were in actual care, custody, control, or management over the drugs. From this terminology, you can see that the statute does not merely envision a situation where the controlled substance is in your hand or a pocket. If you exercise control over a larger space, vehicle, container, or parcel, you could still be charged with possession despite the drugs being not within immediate reach.
2. You had actual knowledge that the controlled substance was illegal. The law does not punish those who might innocently come into control over drugs, such as by receiving an unknown package, borrowing a car, or accidentally grabbing someone’s bag. With respect to this aspect of a drug possession case, the prosecutor must prove your state of mind – i.e., specific intent.

**Strategies for Fighting Possession Charges**

The prosecution has the burden of proving the elements of drug possession, so it will present witness testimony and evidentiary exhibits first. Your first opportunities to fight the charges come as the prosecutor is proving its “case-in-chief,” since you can cross-examine witnesses and attack evidence to raise the reasonable doubt necessary to avoid a conviction.

When the prosecution rests, it will be your turn to present defenses. Options to defend Texas drug possession charges include:

- Lack of knowledge that the controlled substance was illegal
- You have a valid prescription for medical marijuana
- The drug was not in your actual care, custody, control, or management

**Other Options for Resolving a Drug Possession Case**

Even if you do not have a complete defense to drug possession charges, you might be able to take advantage of other strategies. With help from a drug crime lawyer in Galveston, it may be possible to work out a plea bargain for lesser charges or reduced punishment. Plea agreements are often available when the prosecutor’s case is weak.

Many counties in Texas have diversion programs, which are similar to probation in that you can avoid serious penalties by complying with the court’s conditions. There are also jurisdictions in which officials have established a drug court that focuses on treatment instead of incarcerating offenders.

Texas also has implemented a community supervision program as a form of probation. You could qualify if you were in possession of less than:

- One gram of cocaine, meth, or related drugs
- Five units of controlled substances like LSD
- One pound of marijuana

**What To Do If You Are Charged with Texas Drug Possession**

Starting from the moment you are arrested, you need to be preparing to defend drug possession charges. Your first step should be contacting a skilled drug crimes attorney who will protect your rights and guide you through the criminal process. However, during the urgency of an arrest encounter with police and being detained, you may not have a chance to consult with your lawyer immediately. A few tips can help get you through:

- Never resist arrest. Not only will you still face drug possession charges, but police could add counts for other misconduct.
- Do not make any statements to police or answer questions. You might inadvertently incriminate yourself.
- If you are required to appear in court before you can discuss your case with a lawyer, make sure to enter a plea of not guilty.
- Avoid discussing your circumstances on social media, since prosecutors often monitor profiles to gather evidence. Your photos, comments, video, check in’s, and tags from other friends could implicate you in a drug possession crime.

**Consult with Galveston County, TX Drug Possession Attorney**

As you can see, even a simple question about the penalties for possession of a controlled substance can lead to complicated legal issues. Because your rights and personal freedoms are at stake, it is critical to get the right answers from an experienced [Galveston drug possession defense attorney](/landing-form/). With solid representation and a strong strategy, you may be able to avoid the harshest punishment or obtain some other positive outcome.

For more information on fighting drug possession charges in Texas, please call Criminal Defense Attorney Mark Diaz at (409) 515-6170. We can schedule a free consultation with a member of our team who can review your circumstances and determine how to proceed. Our lawyers advocate on behalf of clients throughout Galveston County and Greater Houston, so we are prepared to serve your needs.

**Categories:** Criminal Defense Lawyer, Drug Crimes

**Tags:** Controlled Substance

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### [Galveston Criminal Defense Attorney Discusses Recent Criminal Events On The Island](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-recent-criminal-events-on-the-island/)

**Published:** June 11, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![crime in Galveston](https://texascriminaljustice.com/wp-content/uploads/2021/06/crime-in-Galveston.jpg "crime in Galveston")

Crime in Galveston County runs the gamut from DWI and cannabis possession to breaking ann entering and murder. Here we are discussing some recent crimes on Galveston Island and elsewhere in the county. **What are some of the issues you see in cases of minors in possession of marijuana?**

In cases of minors in possession of marijuana, it would be no different than any other possession case that we defend, it would have the same issues. The fact that the person was a minor, doesn’t necessarily change the analysis unless it was a search at school in which children have a lesser right to privacy at school. That would change some search issues.

I need to give you a disclaimer that I do not handle juvenile cases. It is very rare. We’ll handle a couple a year, maybe some years zero. We just don’t have time to go to the Juvenile Justice Center since it’s not attached to our courthouse. Our docket is healthy enough that we can’t split ourselves too thin going to the JJC regularly.

**How does being caught with less than an ounce of marijuana affect a teenager now and for the rest of their life?**

I can tell you that the juvenile system is set up to protect the juvenile. They have more programs than we typically do in adult court, that would ensure that the juvenile’s record does not follow them into adulthood and beyond. To answer the second part of your question, a teenager getting caught with less than an ounce of marijuana, if there are no legal defenses, should be worked out in a way where it definitely will not affect the juvenile for the rest of their life.

**What are some recent controversial events that resulted crime in Galveston?**

One of them was slab weekend. [Slabs are the cars with the rims that stick out](https://www.click2houston.com/features/2020/05/25/made-in-texas-how-slabs-became-a-symbol-of-houstons-hip-hop-culture/). They have car clubs in Houston and other places where there are people that are enthusiasts of that type of vehicle. They have typically spent a lot of money on their vehicle. They have high-dollar paint jobs. The rims are very expensive. They’re just very custom cars. They have, for the past couple of years, had events where they come to Galveston and ride the seawall, just kind of ride around town, they’re just showing off.

Galveston takes the position that since they don’t seek a permit for their event, it’s a problem because it causes traffic congestion and other problems that the police aren’t prepared for because there was no permit application. So on this last one Galveston ended up, according to reports in the paper, towing over 100 cars that weekend. I think the total was 103. And I think the biggest day was Saturday, and I think they towed 70 or so cars Saturday alone.

Of course, there were pictures on social media of the police measuring the width of the rims, let’s say, to determine whether or not they’ve violated state law. If so, apparently they were having their vehicles towed. What authorities were relying on was a rule that says a typical vehicle cannot be more than eight feet in width. So if the rims are sticking out to the point that it made the vehicle more than eight feet wide, apparently they were towing their vehicles.

Now, as far as arrests, that weekend did not seem to yield a very high number of arrests. I think there were about 33. I’ve not been contacted by anyone who was arrested on slab weekend for anything related to a slab vehicle. So it’d be hard for me to speculate what those people went through because I haven’t talked to anyone specifically about it.

If those 30 plus arrests are from towed vehicles, my suspicion is going to be it’s because of something they found in the vehicle. I do know from another media account that one person was arrested for driving on a suspended license. In other words, it was an event that caused a lot of social media attention. Then later, activists claimed that they felt it was based on race because many of these car aficionados are people of color. So they wanted to say that it was about race, and not about fair policing. Of course, the chief denounced that.

So that was slab weekend. It didn’t seem to result in a lot of arrests for substantial criminal offenses. It was just that apparently, the police don’t want them here without notice, causing traffic jams and whatnot with no way to deal with it. I guess the takeaway is, the city wants them to, if they’re going to come back, seek a permit to have an event on the island, and then they can beef up policing and traffic control.

**Bolivar Peninsula Jeep Weekend Leads To Crime In Galveston County**

We had another big one, which is not so much on the island, but across the ferry on Crystal Beach. The Bolivar Peninsula was having Jeep weekend. Jeep weekend, in contrast, was not about towing vehicles or a permit-less event. It was that it got too rowdy. I know that on Jeep weekend this year, which I believe is always the weekend after Mother’s Day, They arrested over 200 people. Now from that, we have been hired on several cases stemming from an arrest on Jeep weekend, also called go topless weekend.

We’ve been contacted by several people that were charged with DWI. I look at the arrests when there are big events, and I saw that a lot of the arrests were for what we would call petty offenses, minors in possession of alcohol, stuff like that. Not a whole lot of serious arrests. It was mainly involving alcohol and [disorderly conduct](/what-are-the-penalties-for-disorderly-conduct-in-texas/). Not a lot of big felony offenses.

In years past, there have been issues with too many intoxicated people being on the beach driving, causing accidents, people getting hurt. There have been instances of people getting killed in automobile accidents on Jeep weekend, so Galveston county tries to step up law enforcement presence during Jeep weekend to avoid those issues.

Again, there were over 200 arrests that weekend. We have been contacted by several of those people that were arrested. I believe the latest one might have been someone charged with a third DWI. They’re not from here. They were just here for that weekend. We’ll just have to see how the evidence shakes out with all of those.

Anytime there’s a big event and there are a lot of arrests, as defense attorneys, we have questioned whether or not there was sufficient evidence for an arrest and charges, or was the officer just trying to get this person off the beach or the street at that time because they thought that was the safest decision. It doesn’t necessarily mean that charges would stick.

Incidentally, we still have a case that is set for trial that was from last year’s Jeep weekend. Whenever these big events happen, it brings up a spike in certain types of local charges. Which of course affects us here at the office, getting hired for those and having to deal with them and go through all the evidence, which sometimes can be a little more challenging, because the officers that work the extra job, may or may not be certified in certain areas that we think are qualified to handle these things. It just takes a little bit more work on our part.

**About The Proposed “Constitutional Carry” Law**

We also have this issue of whether or not people will be allowed to carry handguns without any special permits, training, or background checks. This has been a hot topic lately. It’s a difficult situation, I do have a license to carry. I have been through the training, and I know the value of it.

At the same time, I’ve been a hunter, and I’ve known gun safety my whole life. So it’s a different type of issue for me. What some people get wrong in the analysis though, is when they say that people are going to be carrying a gun without any type of background check. That’s not necessarily true, because they still have to purchase the handgun. So they’re still going to have to fill out the paperwork and go through the check if they’re purchasing it legally.

Now, of course, the counter to that is well, what if they’re purchasing them illegally? Well, someone who’s purchasing guns illegally is likely to carry the gun anyway, whether or not there are requirements to get training. That’s the whole point. So the one thing that’s being missed is, we’re addressing what law-abiding citizens can do, and not addressing what people who are not law-abiding citizens do. So that’s what makes this a hotter topic. At the same time, I don’t want to start seeing everyone carrying a gun everywhere I go, it’s just not safe.

In public, as you see with road rage incidents and everything else, that now we’re going to give everyone a gun, it just seems like a powder keg, and probably not a good idea. I don’t know what the purpose of this legislation was. Other than for Texas to say, you know, we’re so far to the right, we want everyone to just walk around with their gun on their side, like the old days. However, it appears that we’re about to enter that situation. I guess we’ll just see how it plays out.

**Contractor Charged With Defrauding Customers**

A contractor was recently charged with defrauding people for taking money for construction projects and not doing the work or not completing the work. He had initially been set to plead and get probation. There was some public pushback from some of the victims. Apparently, at the last minute, that gentleman decided that he did not want to plead guilty and take the probation, but he wanted to go to a jury trial. So that’ll be interesting to see how that case plays out. I’m not sure who his attorney is, or will be, because, if I remember correctly, he said that he told the court he wanted to withdraw his guilty plea and hire a new lawyer. So we’ll see where that goes.

There was a recent murder trial, trials are interesting, since we’re getting back to trials from COVID it’s just interesting to see how it plays out. I’ve talked about that before. We recently saw someone get eighty years for a 2017 League City murder. That just shows you that the juries we’ve been encountering post-COVID seem to have been giving stiff sentences.

If you or someone you know has been charged with a crime in Galveston or elsewhere in Southeast Texas call Mark Diaz at 409-515-6170 or [contact us here](/landing-form/).

**Categories:** Criminal Defense Lawyer

**Tags:** galveston crime, Galveston criminal defense lawyer

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### [Can a Felony be Expunged in Texas?](https://texascriminaljustice.com/can-a-felony-be-expunged-in-texas/)

**Published:** June 21, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![felony expungement](https://texascriminaljustice.com/wp-content/uploads/2021/06/Diaz_felony-expungement.jpg "felony expungement")If you have a felony arrest as part of your criminal record in Texas, it is likely you have already faced significant challenges due to your past. A felony arrest has numerous collateral consequences. For instance:

- You could be denied employment if a criminal background check reveals a past conviction, or if you are forced to disclose the matter on a job application.
- A felony may result in a suspension or revocation of any professional licenses you hold, which also affects your employment.
- You might be turned down for a mortgage, car loan, student loan, or other lines of credit since lenders often check or inquire about past criminal activity.
- Some landlords conduct criminal background checks or request information about previous convictions, so you could encounter hurdles when trying to lease an apartment.

Obviously, these collateral consequences can severely impact many aspects of your life, so you would certainly want to take advantage of any process that reduces the harsh ramifications. Fortunately, you may have options under the [Texas statute on expunction](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm). You may qualify to have your felony expunged under certain circumstances, essentially erasing the arrest and the residual effects of it from your criminal record. Alternatively, you might be eligible to have your criminal record non-disclosed or sealed, which means a previous felony would be hidden from the public, but may still be seen by law enforcement/governmental agencies.

Sometimes referred to as expungement, successfully navigating the expunction process means you get a fresh start after making a past mistake. However, the keys to success are meeting the eligibility requirements, filing the proper forms, and following other statutory and procedural rules established by Texas law. You are more likely to obtain a favorable result when you work with an [expungement lawyer in Galveston](/) who can guide you through the process. Because the initial question many people have is whether a felony can be expunged in Texas, here are a few things to know.

## Two Basic Eligibility Rules For Expunging A Felony

Removing a felony from your criminal record is an option only available to certain individuals, so you only qualify for an expunction if:

1. You were arrested, but your case did not result in a conviction.
2. If charges were not subsequently filed, were dismissed, or you were acquitted after a trial and never found guilty.
3. There is no felony conviction on your criminal record, though arrest and other court records might remain. Note that if your conviction was overturned after an appeal, you would still qualify under this section, and you would also still be eligible for expunction if you were pardoned after being convicted.

### Legal Process For Felony Expunction in Texas

Any legal matter involves the preparation and filing of documents in court, and an expunction is no exception. You begin the case by filing a petition for expunction in the county where you were arrested. It is necessary to provide basic information about you, the offense, the sentence issued by the judge, and many other details. Upon filing your petition, the case will be filed into a district court within the county. After that happens, the court will then set a hearing date no earlier than 30 days from the date the petition was filed into the district court.

When your court date arrives, you will be called upon to prove why you are entitled to an expunction. Most of this information will be stated in your petition, but the judge may and likely will ask questions. There will be other parties present in court, and some of those parties may be present to contest the expunction. So, it is important to be prepared on how to dispute or counter the allegations the other parties may raise to the court. If a judge finds the other side compelling, these issues could affect whether your Texas petition for expunction is granted or denied.

### Other Options For Sealing Criminal Records

All is not lost if you do not qualify for expunction. You could be eligible for a process called a nondisclosure, in which you would not be required to disclose the felony on job applications, loan documents, leases, or applications for certain professional licenses. Still, information regarding your criminal past would show up on databases only accessible to law enforcement and/or governmental agencies.

Nondisclosures in Texas can be classified in one of two categories:

- ***Automatic Nondisclosure:*** If you were a first-time offender, arrested for a misdemeanor, and resolved the charges through deferred adjudication, you may be eligible. The key to this automatic nondisclosure is meeting all requirements of your probation and being successful on that probation. If so, at the completion of the probation, you may be eligible to automatically nondisclose the case without the necessity of filing a petition, paying the fees associated, etc.
- ***Regular Nondisclosure:*** For those that do not qualify for automatic nondisclosures, it is necessary to file a petition for nondisclosure in court. As with an expunction, other parties may be present during the hearing to contest the granting of the nondisclosure.

Keep in mind that Texas law prohibits a nondisclosure for certain types of crimes. You can never nondisclose a case where the underlying offense required you to register as a sex offender. Other offenses that could make you ineligible include:

- Various degrees of murder
- Aggravated kidnapping
- Causing injury to a child, an elderly person, or a disabled individual
- Abandoning or endangering a child
- Stalking
- Violations of bond conditions when the case involves family violence, sexual assault, sexual abuse, or stalking

### Strategies To Consider At The Pretrial Stages of a Felony Case

Even when your case is still pending at the trial level, you could benefit from some advance preparation. For instance, you might have good reason to believe that your case will end without being convicted. You would certainly like to qualify for expunction or nondisclosure if at all possible, so you would theoretically like to employ all available strategies to ensure eligibility.

One tactic would be to work out a plea bargain with the prosecutor. You might be able to work out an agreement for pleading to a lesser charge, such as a Class C misdemeanor, and you could request deferred adjudication. This same strategy could work to ensure you qualify for an expunction or nondisclosure.

### Comply With The Minimum Waiting Period For Expunction

Timing can be a factor in expunction cases, and in those cases, you must allow the waiting period to expire before you can seek relief. The key date for starting the clock is the date of your arrest, and the following minimum waiting periods apply:

- For the expunction of a Class C misdemeanor, the waiting period is 180 from the arrest.
- There is a one-year waiting period for Class A and B misdemeanors.
- A felony carries a waiting period of three years before you can file a petition for expungement in these types of expunctions.

When it comes to petitioning for an order for nondisclosure, the minimum waiting period starts from the date of dismissal or discharge – not the date of arrest. For most Texas misdemeanors, you need to file your petition no earlier than two years after discharge. If you were charged with a felony, you may have to wait five years from the disposition date before you can ask the court for a nondisclosure.

There is no waiting period when you are seeking an automatic nondisclosure for first-time misdemeanors.

### Retaining An Experienced Attorney Increases Your Chances of Success

After reviewing this information on expunging a Texas felony arrest record, you can see the complexities of the process. Essential tasks go far beyond simply filling out a few forms and attaching documents. You may need to appear in court for a contested hearing, which is similar to a trial.

As such, it is wise to retain a criminal defense lawyer in Galveston for assistance. Your attorney will guide you and get crucial input as necessary and can tackle such matters as:

- Reviewing the trial court record, arrest documents, and other paperwork that impacts your expunction petition;
- Assessing your options for expunction, an automatic nondisclosure, and a petition for nondisclosure;
- Evaluating eligibility to expunge a felony arrest record;
- Preparing the petition for expunction or nondisclosure, along with supporting documentation to be submitted to the court for review;
- Appearing at a contested court hearing on your request for expungement or nondisclosure

### Discuss Expunction with a Criminal Defense Lawyer in Galveston, TX

While this overview on expunging a felony may be useful, it should also convince you of the importance of retaining experienced legal counsel for assistance. You face an uphill battle if you do not have an attorney to help you navigate the complexities of the expunction process, since any errors or omissions have a significant impact on your future. Plus, you should also weigh your other options for post-conviction relief. You may qualify to seek an order for nondisclosure, which carries substantial benefits even if it does not completely eliminate a felony from your record.

To learn more about your expunction eligibility, please contact Criminal Defense Attorney Mark Diaz. You can set up a free consultation with a [Galveston expungement attorney](/landing-form/) by calling (409) 515-6170. Once we learn more about the details of your case, we can advise you on whether you may be eligible and if so, what the next steps are in the process.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/criminal-defense/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal Defense Lawyer

**Tags:** felony expungement

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### [Galveston Criminal Defense Attorney Discusses New Texas Open Carry Law](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-new-texas-open-carry-law/)

**Published:** June 23, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Open Carry Law](https://texascriminaljustice.com/wp-content/uploads/2021/06/Open-Carry-Law.jpg "Open Carry Law")

**Texas New Open Carry Law**Some people call it [constitutional carry](https://www.texastribune.org/2021/06/16/texas-constitutional-carry-greg-abbott/), some people call it open carry, I’m going to stay out of the politics of it, I don’t know why gun legislation needs to be a political topic. I just want to talk about the actual legislation.

It appears that Texas has decided that anyone who’s 21 years or older, and not otherwise legally prohibited, will now be able to carry a gun in a holster, or concealed, without any type of training.

Without any assurance that they have any knowledge of guns at all. I’m not a big fan of this legislation. You’re still going to be prohibited in the same places you were before; government buildings, schools, all the same prohibitions that existed.

One change though now is that, when you go into a private business, it’s no longer enough for that private business to merely have a sign telling you that guns aren’t allowed. They now have to verbally tell you that they don’t allow possession of weapons inside their establishment.

I suspect that’s probably going to end up falling by the wayside. There are going to be too many businesses where it’s impossible to have someone standing at the front, telling every single customer that guns aren’t allowed inside. So I guess you’re going to start seeing people carrying guns while you’re out grocery shopping, I’m not sure. I guess time will tell with that.

My son and I go deer hunting every deer season. Because I was born in 1972, I had to take a hunter safety course to legally get a hunting license. My son, who is now 19, also had to take the hunter safety course. So to hunt, I have to go through a safety course, take a test, pass it and pay a fee to the state of Texas. Then I can legally hunt.

Now, when you turn legal drinking age in Texas, you’re free to just go buy a gun for your birthday and strap it on your hip. That just seems contrary to common sense to me. I’m also licensed to carry a handgun. When I initially got my license, I had to pay a fee to the state of Texas, go through an extensive background check, take a course, pass a written exam, and then pass the shooting proficiency exam so that I could legally carry a handgun. It was not an issue for me.

It was not anything that I thought was over-burdensome or heavy-handed. I’ve been around guns since I was a kid just like my son. I know gun safety. It’s not an issue. But that’s not the person I’m concerned about. I’m concerned now, about anyone who doesn’t have a criminal background, any person who turns 21 who doesn’t have any of those prohibiting factors can just go buy a gun and carry.

They may not have ever shot a gun in their life, but now they can walk around the mall possibly. If they don’t have someone at the entrance, tell them that they can’t just walk around with a gun. It makes very little sense to me. This was legislation that came out and was then passed by the House and Senate and sent to the governor’s desk for signature.

Some of the proponents of it said silly things like a lot of people don’t have the time and the money to get a permit. Well, the money that it costs to get the license to carry is not even a quarter of what a gun costs to purchase. So I have a problem with it. They don’t have the time, they don’t have the money to get a permit, but they have the money to buy the gun that you’re now just going to let them carry.

This is where we are. I do not think a lot of law enforcement agencies were in favor of this legislation. Being a licensed carry holder, if I’m encountered by the police for any reason when I give them my ID, I’m also supposed to give them a license to carry. Now that no longer exists.

So this is going to put officers in a situation where every stop they make, they have to wonder if this person is armed. Again, we didn’t do any legislation regarding people that shouldn’t have guns, we just decided to let everyone have a gun unless they’re legally prohibited. I guess this is becoming the trend.

There are now 20 states that have this type of legislation with open carry. I’ve not dug down on statistics of what happened when the other states initiated that. What happened to their shooting rates, crime rates, these types of things. If you watch the local news, there was a carjacking in Houston this week in which the victim actually shot his attacker, maybe we’ll start to see more of that.

People defending themselves isn’t necessarily a bad thing. That’s not what I’m concerned about. It’s like I said, everyone can wear a gun on their hip like we’re in the wild wild west again. We’re just going to have to see where this legislation leads us. For those of you that are going to carry, you need to make sure that if you’re going to travel, let’s say you’re going to take a vacation to Florida, you’re going to need to check each pass-through state along the way to find out about their[ laws regarding gun carrying and transport](/texas-gun-laws-and-the-upsurge-of-mass-shootings/).

For instance, Oklahoma and Texas are pretty much identical. You can travel freely between Texas and Oklahoma with your weapon and not have any issues. I do not think that’s the case if you went to New Mexico. I think you could run into some problems if you did that in New Mexico from Texas.

I think now we’ve got 20 states in the union that allows open carry like Texas does. That means the rest don’t. You’ll want to know exactly what the rules are if you’re going to travel with your weapon. That’s about all I have to say about that. Maybe I’ll do another live video in the future after it takes effect. We’ll see what it does.

**Opinion On Polygraph Examinations**

Another thing that I had several questions about on the internet, I mean, on either Facebook or by email, was about polygraph examinations. From the defense side, I can’t think of a time I’ve ever told the defendant to go take one issued by the police. They’re not admissible in court. And so they’re not going to help us, they’re usually only going to hurt us in defense of a case. Even though they’re not admissible in court.

A lot of police agencies use them as an investigative tool, and will then hold it against you even though it can’t be used in court. Then the prosecutor, if they don’t like the answers you are giving, will start indicating that you gave false answers. They’re going to hold it against you, even though again, it’s not admissible in court.

On the flip side of the coin, I’ve had cases where I thought I could sway the prosecution by getting my client a polygraph test. When you try to do that, as a defense attorney 99% of the time, the prosecution responds; “Well they’re not admissible in court so I don’t care.”. I’ve had a client pass a polygraph exam.

The whole point of the thing is, they only hurt. The police officer or whoever’s giving you the examination, they’re trying to get you to fail. Then they want to use that against you to try and pressure you into confessing or giving them more evidence or whatever it is. I know that they are used quite a bit when people are on probation for sex offender offenses. They, many times as a condition of probation, are required to submit to polygraph examinations.

If you fail one, the state wants to use that to somehow revoke your probation or punish you. Since you’re on probation, and if it’s a condition, you don’t have the option of rejecting. So it’s just a strange situation. It all stems from them not being admissible in court. If they were admissible, then they would carry a lot more weight, and they would get a lot more juice.

Why aren’t they admissible? Because basically, they’ve been determined to be scientifically unreliable, as far as the results go. That being said, why would you do it? If you’re offered a polygraph by a police agency, I would say don’t do it. At that point, you’ve already talked to the police too much. You need to stop and say I want my lawyer here before we discuss anything else.

If you are facing weapons charges or any other kind of criminal charges in Southeast Texas call the [Galveston criminal defense lawyers](/) at [texascriminaljustice.com/.](/)

**Categories:** Open Carry

**Tags:** Open Carry

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### [How Difficult Is Expungement In Texas?](https://texascriminaljustice.com/how-difficult-is-expungement-in-texas/)

**Published:** July 6, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![expungement in Texas](https://texascriminaljustice.com/wp-content/uploads/2021/07/expungement-in-Texas.jpg "expungement in Texas")If you were arrested and/or convicted on Texas criminal charges, served your sentence through incarceration, and paid all related fines and restitution, you probably think the criminal process is over. In truth, even though you paid your debt to society, there may be lingering implications for your life. For instance, a criminal conviction or arrest may:

- Make it difficult to find a job and/or housing
- Revoke or suspend your driving privileges
- Lead to a suspension or revocation of any professional license you hold
- Restrict you from exercising child custody or visitation rights
- Impact your ability to get a mortgage, car loan, student loan, or line of credit
- Affect your Second Amendment rights to bear arms.

The primary issue with arrests specifically (even if you successfully beat the charge) is that they will appear on a criminal background check, along with the fact that the records can be drawn into other administrative and legal matters. Because of these ramifications, [Texas enacted a statute on expunctions](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm) – sometimes called expungement. By going through the legal process, qualifying individuals can erase all details regarding a criminal conviction.

However, there is more to clearing your criminal record than filling out a few forms. Not only must you meet the strict qualifying criteria, but you need to determine which type of expunction suits your situation. It is also wise to consider other options for concealing an arrest record if you do not qualify. The numerous legal factors and rules are the reason many people in your position will retain [La Marque criminal defense lawyers](/our-team/) for assistance. Some background information will demonstrate how difficult it is to go through the expunction process in Texas.

**Determining Eligibility For Expungement**

Generally speaking, almost all criminal convictions cannot be expunged from a person’s record. However, if there was no conviction, but a person was arrested, then there may be options available to you, but you must meet certain criteria that requires strict compliance. An expunction granted by a judge can make details about an arrest, charge, or conviction unavailable for most purposes, and you can legally deny that the incident occurred.

The key for an expunction is eligibility, and you will typically NOT qualify if you have a conviction for any offense other than a Class C Misdemeanor. You are also not eligible when the arrest was connected to a probation violation or fleeing the jurisdiction while released on bond. The only criminal matters that may be expunged include:

- An arrest, when the person was never charged with a crime
- Criminal charges that were dismissed
- Some juvenile records for misdemeanor offenses
- An alcohol offense by a minor
- A conviction for truancy
- Any arrest, charge, or conviction that was the result of identity theft
- A conviction that was reversed, overturned, or acquitted on appeal
- Convictions that were later pardoned by the Texas governor or U.S. president.

**Know What Type of Expunction Applies to Your Case**

Assuming you are eligible based upon the above criteria, you must then assess the form of expunction. There are certain types that are available, and the requirements may vary according to the details of your case. A La Marque criminal defense lawyer can explain the following:

- Expunction after acquittal, in which you can eliminate all records related to the arrest unless there are associated charges from the same offense
- Expunction for charges never filed, a process that imposes a deadline of 180 days to 3 years from the date of arrest – depending on the charges
- Juvenile offense expunction when the individual reaches a certain age, so long as they did not have multiple convictions
- Expunging records after an appeal or pardon
- Removing records based upon the prosecuting attorney’s recommendation to the court, though the final decision on expunction is within the discretion of the court

**Overview of the Application Process For Expungement In Texas**

Much of the work involved with expunction occurs through paperwork, along with some courtroom involvement. Every case is different, and the details will depend upon eligibility and the type of expunction that applies. As a summary, the following steps will typically be required:

***1. Petition for Expunction***

You initiate the legal process by filing a petition for expunction asking the Court to expunge your arrest record, which includes the basics about your case. Assistance from a lawyer is not required, but it is certainly encouraged. An attorney can help you to prepare the proper documents in filing the petition and they will also assist in the remainder of the process too when it comes to court appearances, discussing the case with the State, and/or the court. The petition must include such details as:

- Your personal identifying information
- The location and date of the offense and arrest
- The arresting agency
- A list of all government bodies that may possess records of the arrest
- The charges and case number
- Name of the court
- How and when the case was resolved

***2. File the Petition***

You must submit the petition for expunction and supporting documentation to the proper court, typically in a district court in the jurisdiction where the arrest record exists in which you seek to expunge. The clerk will schedule a hearing and send notice to all necessary agencies, known as respondents. These agencies and facilities will have a chance to respond to the petition, at times by contesting the expunction.

***3. Prepare the Order for Expunction***

The court will likely grant your petition if all requirements are met, but you must still have the judge’s signature on the order approving the expunction for it to be valid. This order is the proof you need to remove all records related to a criminal matter, so you must follow up by forwarding the document to all agencies that have information in their possession. Failure to notify an agency means your records will remain on file, so mistakes can harm your rights.

**Federal Expungement**

If your criminal case was a federal proceeding before a U.S. court, you should note that there is no specific statute covering an expunction of records. There is, however, case precedent that establishes federal authority to expunge information when an arrest or conviction was invalid or due to a clerical error. Conversely, there is one federal statute that provides a process that is similar to an expunction for first-time drug offenders charged with a misdemeanor. Under this federal law, you may be able to remove records related to the arrest if:

- The charge was misdemeanor possession of a controlled substance
- The court imposed probation before entry of the judgment
- You met the terms of probation, leading the judge to dismiss the case without entry of judgment and no conviction resulting
- You were under 21 years old at the time of the crime

**Nondisclosure Order**

If you do not qualify for an expunction, you may be eligible for a process that carries similar benefits. A nondisclosure order may be an option when you cannot obtain an expunction due to the offense, the charges against you, or the fact that a plea was entered. It is wise to consult with a La Marque criminal defense attorney regarding the details of the nondisclosure process, but keep in mind a few important points:

- Nondisclosure orders do not erase the records related to a criminal matter, but it does enable you to limit access to this information.
- All details that are subject to a nondisclosure order are no longer public records, and they cannot be released by government agencies. Likewise, the information cannot be accessed by private parties, such as an employer or lending institution.
- A nondisclosure order does not prevent access by government agencies, and the information can be used in some court proceedings.
- If your case resulted in deferred adjudication, you met all requirements imposed by the court, and the judge dismissed the case, you can petition for a nondisclosure order if you qualify under Texas law. There is generally a waiting period set by statute, and this time must elapse before you can file your petition. The details depend on the offense, but the waiting period could be up to 10 years.
- The process of nondisclosure is similar to an expunction, so you will be required to complete the necessary petition and file all paperwork with the court. There will be a hearing, and respondents will have the opportunity to contest nondisclosure. Keep in mind that a judge is allowed some discretion with nondisclosure proceedings, more so than with an expunction proceeding. The goal is to serve the interests of justice, so it is critical to develop and advance an effective strategy that promotes fairness.

**Reach Out to Our La Marque Criminal Defense Lawyers**

After reviewing this information, you can probably see that expunctions in Texas are definitely difficult and challenging. Eligibility is the first and most important consideration, but the outcome in your case might not allow you to take advantage of one day getting an expunction. Even if you do qualify, the legal process can be daunting. Even when a nondisclosure order or other remedies are your best option, your situation can still be and usually is quite complex. There are still requirements and rules that can be confusing to someone not trained in the legal issues the way a lawyer is.

If your personal life, professional opportunities, and other interests are impacted by a criminal arrest, it is essential to retain legal counsel with extensive experience in expunctions. You can trust Mark Diaz, Criminal Defense Attorney, for help with the process. Our [La Marque criminal defense lawyers](/landing-form/) represent clients throughout Galveston County and Greater Houston in connection with various post-conviction remedies. Please call (409) 515-6170 to set up a free consultation today. We can discuss your options after reviewing your unique situation.

**Categories:** Criminal Defense Lawyers

**Tags:** expungement, expunging criminal record

---

### [Reasons You Should Never Defend Yourself In Court](https://texascriminaljustice.com/reasons-you-should-never-defend-yourself-in-court/)

**Published:** July 6, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense attorney in League City](https://texascriminaljustice.com/wp-content/uploads/2021/07/criminal-defense-attorney-in-League-City.jpg "criminal defense attorney in League City")If you are facing [criminal charges in Texas](/), you will no doubt at least consider representing yourself as a pro se defendant at some point. There are a few reasons people in your position think about taking on the defense of their own criminal case, such as:

- When it is your first offense, you might assume that the court will go easy on you or be lenient with punishment.
- You believe the prosecution has enough evidence to convict you, so hiring a lawyer is not worth it.
- You believe the prosecution has so little evidence against you that they will have to dismiss the case
- You have an affidavit of non-prosecution from the victim of the crime
- You cannot afford to retain a defense attorney.

These factors seem to make perfect sense to justify going it alone, despite the fact that you are guaranteed the right to counsel by the Sixth Amendment to the U.S. Constitution and Section 10 of the [Bill of Rights within the Texas Constitution](https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#:~:text=He%20shall%20not%20be%20compelled,of%20the%20State%20and%20the). However, when your rights and personal freedoms are at stake, it is wise to consider going in the other direction and retaining a lawyer. After all, even a conviction on a first-time misdemeanor will go on your criminal record. You could be paying the price if you assume a plea bargain will be no problem, and there may be defenses in a case where guilt seems obvious.

Knowing that it is a bad idea to represent yourself when facing criminal charges, make it a priority to consult with a [League City criminal defense lawyer](/our-team/) right away. Whether you were recently charged or think you are the subject of a pre-arrest investigation, you benefit when you have a legal professional on your side as early on in the criminal process as possible. Plus, instead of trying to figure out your own defense, review these reasons you should never defend yourself in court.

**1. A skilled attorney understands the law**

Criminal law is extremely complicated because it encompasses many layers in terms of rights, what constitutes a crime, the rules of evidence, punishment, and defenses. You are at a disadvantage unless you have in-depth knowledge of:

- Your civil rights under both the U.S. and Texas Constitutions
- What statutes apply to your case, since there are different offenses under the federal and state criminal structures
- Case precedent, because the opinions and findings on previous cases from higher courts of law may have an impact on your case
- Court procedural and evidentiary rules that govern cases from arrest and/or indictment to pretrial activities to conducting the trial

**2. You will need to conduct an investigation**

The prosecutor has police and other officials that have already gathered enough evidence to make an arrest, and they will continue these efforts to build a strong case against you. You need a League City criminal defense lawyer to level the playing field, especially if you do not qualify for release on bond or you cannot afford the bond amount as it is set. An attorney can:

- Assess the prosecutor’s proof and potential witnesses that will be called at trial
- Interview witnesses who can testify in your favor regarding the facts
- Negotiate a more favorable outcome on your case with the prosecutor
- Work with private investigators to gather evidence to exculpate you or reduce the charges.

**3. Your lawyer will hire experts where necessary**

Some criminal trials come down to very specialized evidence of factual concepts, such as DNA, ballistics, and the results of a breathalyzer test in a Texas DWI case. To present these facts, you may need an expert that can assess the information and explain what it means. The explanation could be important for your case if it uncovers details on a potential defense that your attorney can pursue. Plus, aside from acting as consultants, experts can also be part of the trial process. These professionals can often translate complex topics into layman’s terms for the jury.

**4. You will need practical and legal advice on the proceedings**

Once your attorney delves into the details, you will need sufficient details on the legal concepts to ensure you make an informed choice about how to go forward. After evaluating the prosecutor’s case-in-chief, speaking with witnesses, and investigating the facts, your lawyer can give you a realistic view of potential outcomes in your case. Ideally, there may be defenses available or other issues that could lead to a dismissal of the charges. The more likely scenario is that your attorney will suggest plea bargaining or other tactics to resolve the charges as described below.

**5. A League City criminal defense attorney assists with pretrial stages**

There is a lot that transpires between an arrest and trial, and much you can do to leverage defense opportunities along the way. A civil rights violation or other procedural error may warrant a motion to dismiss the charges, while your lawyer may gain an advantage through other motions, such as:

- Motion to compel evidence or information on witnesses that is within the control of the prosecutor
- Motion to suppress information that should be tossed out of court as evidence against you

In addition to motion practice, the court may also hold routine hearings, status conferences, and other appearances where it is crucial to have a defense lawyer on your side.

**6. Alternative resolutions may be possible**

The majority of criminal cases in Texas are resolved before trial, and you may have options that greatly benefit your situation. If you do not have a conviction in your criminal history, you could qualify for a first-time offender program or pretrial diversion. These programs operate like a type of probation, though the specific details vary according to the underlying crime. Generally, you must comply with the terms and duration set by the court, at which point the charges at a later date may be dismissed.

A criminal defense attorney in League City can also assist with plea bargaining. Plea bargaining is negotiation between your attorney and the prosecutor regarding possible resolutions of the case that may be much more beneficial to you and allow the opportunity to avoid trial.

**7. A criminal defense lawyer is critical at trial**

A trial on the merits offers additional opportunities to fight the allegations, especially when you consider the high burden of proof on the government. The prosecution must prove guilt beyond a reasonable doubt, and keep in mind that there are multiple elements to every criminal offense. As such, your attorney will first be in the position of attacking the evidence in the prosecutor’s case-in-chief and cross-examining witnesses.

When it comes time to defend the criminal charges, your lawyer will have the chance to present evidence and witnesses. Some information might serve to disprove the prosecution’s facts, but you may also present such defenses as:

- Self-defense, such as in murder or assault cases
- Consent by the victim, particularly for sexual assault
- Lack of knowledge or intent, when these are elements of the crime
- Having a valid prescription for a controlled substance you were found in possession of
- Failure to have control over drugs, where constructive possession is alleged

**9. It is wise to have legal help at sentencing.**

Getting an acquittal would be the best-case scenario, but you should also anticipate the possibility that you could be convicted; alternatively, if you plea bargain, you will plead guilty. In other words, many cases still require you to go through the sentencing process, where there could be a wide range of imprisonment terms. For instance, after a conviction for a Third-Degree Felony, the judge must still decide how long you will be imprisoned – and it could be from 2 to 10 years. A lawyer can present evidence and arguments to convince the judge to issue a sentence on the lower rather than higher end.

**Discuss Your Case with a Criminal Defense Attorney in League City, TX**

These reasons to retain experienced legal counsel are compelling, but keep in mind another point as you are doing your research to find the right fit: It is equally important to work with a lawyer who focuses on criminal defense and is an expert in this area of the law. A conviction on criminal charges could lead to a long prison term, astounding fines, and collateral consequences, putting your future at risk. [League City Criminal Defense Lawyer](/landing-form/) Mark Diaz has years of experience representing clients in a wide range of Texas criminal cases, so you can feel confident your case is in good hands.

Please contact our firm right away to schedule a no-cost consultation. Residents in League City, Galveston County, Greater Houston can call (409) 515-6170 to reach our office. Once we review your circumstances, we can discuss potential defense strategies.

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Defense, defending yourself in court

---

### [Galveston Criminal Attorney Discusses Definition of Possession of a Controlled Substance And Due Process](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-definition-of-possession-of-a-controlled-substance-and-due-process/)

**Published:** July 14, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![possession of controlled substance in Texas](https://texascriminaljustice.com/wp-content/uploads/2021/07/possession-of-controlled-substance-in-Texas.jpg "possession of controlled substance in Texas")

**What does it mean to be found in possession of a controlled substance?**While that is a very broad question, I can give you some general rules about possession. First, it has to be intentional and knowing to be in possession of something. You have to either have the intent to be in possession of it or knowingly be in possession of it.

Typically, when I’m picking a jury, this is one of the things that I’ll go over with the prospective jury. Let’s say I walk out in the morning to go to work, and my car’s got a flat tire. My neighbor happens to be outside and hears me cussing about my flat and says, “Hey I’m not working today. Why don’t you take my car since I know you’ve got to be at court this morning. You can bring it back and fix your tire after court.” So I say, “Hey, thanks, I appreciate it”. He throws me the keys. I get in his car and head to the courthouse.

Well, I don’t know what’s in his trunk. So let’s say that my neighbor has a kilo of cocaine in his trunk. I don’t know that. So that first element of possession of a controlled substance is not met. I’m not intentionally or knowingly in possession of what is in my neighbor’s trunk.

The next threshold is, does the person have care, custody, or control of the substance? In that scenario, yes, I would have care, custody, and control because I’m driving the vehicle. Therefore, I’m in control of the vehicle. The problem is, my neighbor didn’t tell me what he had in the trunk. The state can’t get a conviction on me without proving that I knew what was in the trunk.

When I talk to jurors or prospective jurors about this, what I tell them is if you’re not willing to hold the state to their burden on those elements, then you better make sure every time you borrow someone’s car, that you conduct a thorough search first.

If jurors aren’t willing to follow the law, our system falls apart. I have also done silly things in trial before like walk up to juror number six and hand them my briefcase, and ask them to hold it for a minute. Then, of course, give the demonstration that they’re in care, custody, and control of my briefcase, and they took it voluntarily. Are they responsible for what’s inside my briefcase?

Of course, everyone agrees that he or she is not, because they don’t know what’s in my briefcase. They just took it when I asked them to hold it for me. So that’s a way I like to simplify the explanation of what possession of a controlled substance is. There’s a further discussion that we could get into in the future, which is that the state has to find a formative link between the accused and the possession.

A simple example of that is when the police enter a room. There are multiple people in the room. There are drugs in plain sight. So if the police came in here and I had drugs on this table, I’d be the closest person. The state is going to try and argue that that’s an affirmative link to me, we see the same thing a lot in cars. When you have a few people in a car, and the police find drugs, the police will try to articulate exactly where they found them, under the driver’s seat, or in the rear as if it was the rear seat passenger who would have stuck it under the driver’s seat from the rear.

However they find the drugs, they are going to try and give them to the person in closest proximity to establish an affirmative link to that person or that accused.

**What is due process?**

Due process means that the accused must be afforded all of their legal protections, and legal processes for a prosecution to be held against them. So that means all your rights: right to remain silent, right to a speedy trial, right to a public trial, right to a fair and impartial jury.

All the steps of the process before you get to a jury, every accused is entitled to his or her due process. In other words, the state can’t just pick you up and not give you due process, which includes giving you exculpatory evidence. It can’t just rush you through that trial.

You’re entitled to your due process, and make sure that you have been availed of all your rights before you’re forced to a trial. The theory of this due process situation is that no one is rushed to judgment. It’s supposed to take overzealous prosecution out of the equation so that each accused can have their day in court properly, and have been protected of all their rights.

**What is an expunction?**

An expunction is removing a charge from your criminal record. Removing the arrest, the case, everything. There are only specific situations where you can get an expunction. That includes a not guilty verdict from a jury, obviously, a dismissal. Although the dismissal has to be a certain way. Then obviously a no bail by a grand jury.

People call all the time and say, “Listen, I got convicted of a felony 10 years ago, I’d like to get that off my record.” and the answer is always the same. If you were convicted, there’s not much we can do to get that off your record. Now, there is another process called nondisclosure, which does allow us to seal your record from everyone but the government.

In other words, if a potential employer did a background check, they would not see it. However, if law enforcement did a check on you, they would see it. The district attorney’s office would see it.

**What happens if you violate bond conditions?**

That is generally not a criminal matter unless you get filed on for bail jumping, which is not all that common. Typically your bond conditions, set by the court or the bonding company, are more like contractual issues. For instance, we have a court here that likes to drug test everyone who is on bond for a drug-related offense. The judge makes you sign an order stating that you understand that you will be drug tested, so that has now become a bond condition that you are substance-free while you are on board. If you buy if you test dirty, then there are consequences. That would be a violation of a bond condition.

Depending upon the violation, the state can move against you to have your bond revoked for[ violating bond conditions](/what-happens-if-charged-with-violation-of-bond-conditions-in-texas/). Let’s say, it’s a victim case and part of the bond condition is that you cannot have contact with the complaining witness in your case. If the state can then show that you did, or have been contacting the complaining witness, the state can then bring you before the court to have your bond revoked.

It’s not a new charge, it’s just revoking your bond and taking you back into custody. Many times, at least here locally, when that happens, the courts will just double your bond and you can make bond again the same day. It doesn’t result in a new charge unless you’ve committed a new offense. If you commit a new offense while on bond for a previous offense, the state will file a motion to revoke your old bond, for picking up the new case.

We try to fight that and keep you on both your bonds. The other way you could have a bond issue is with your bonding company. For instance, if they want you to check in on a regular basis. We get calls frequently from [bonding companies](https://www.galvestonbailbonds.com/) saying “Hey, your guy hasn’t checked in X number of weeks, and we can’t get him on the phone. If you can’t fix this, we’re going to surrender his or her bond”. When that happens, we always tell our clients, you need to get right with your bonding company or you’re going to have an issue.

**What crimes can be expunged in Texas?**

There’s not necessarily a “type of crime” that can or cannot be expunged. Whatever the charge is, if you go to trial and the jury finds you not guilty, you’re entitled to an expunction.

If you have been charged with any crime in Southeast Texas whether it be drug charges, DWI, assault, or even homicide, call the [criminal defense attorneys in Galveston](/) at (409) 515-6170

**Categories:** Criminal Defense Lawyer

**Tags:** due process, expungement in Texas, possession of controlled substance, violation of bond

---

### [DUI Treatment For First-Time Offenders What You Need to Know](https://texascriminaljustice.com/dui-treatment-for-first-time-offenders-what-you-need-to-know/)

**Published:** July 22, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![DUI treatment in Galveston](https://texascriminaljustice.com/wp-content/uploads/2021/07/DUI-treatment.jpg "DUI treatment in Galveston")Everybody knows it’s wrong to drink and drive. Not only is driving under the influence a crime, but it is also a grave threat to the safety of the driver and that of other people.

While most first-time DUI offenses are categorized as misdemeanors, they can still carry with them severe short-term and long-term consequences. The mandatory minimum sentence for a first-offense, general impairment DUI can include fines, driver’s license suspension, up to six months of probation (the penalties and consequences increase for High BAC and Highest BAC levels), and even jail time.

Those who are charged with DUI will also have to undergo a DUI education and alcohol treatment program (if ordered by the court) in order to regain their driving rights. You can either take a DUI class online or opt for in-person sessions.

If you’ve been [charged with DWI in Galveston](/dwi-charges/) or elsewhere in the Galveston County area call Mark Diaz at (409) 515-6170

## First Offender DUI Treatment Programs

First-time DUI convicts are often ordered by the court to finish a state-licensed alcohol and drug education and counseling program. The program involves attending one or two sessions of drunk driving prevention classes per week for a specified period and can cost at least a few thousand dollars.

The amount of time and number of DUI school hours a person must attend varies on a case-to-case basis and is determined through a substance abuse assessment test.

## Substance Abuse Evaluation

The alcohol assessment test is a means to evaluate the extent of a DUI offender’s alcohol or drug problem. The results of the test are then used to determine how many hours of DUI classes the person will need to attend and whether or not enrolling in an alcohol and drug treatment program is necessary.

First-time offenders with BAC below 0.20% are required to take around 30 hours of DUI school, completed over the course of three months, to be eligible for temporary driving privileges or reduced driver’s license suspension, and have their driver’s license reinstated at the end of their sentence. Those with higher BAC levels may have to complete longer DUI school programs, some lasting up to 30 months.

## What to Expect in A DUI Program

![Galveston DWI Lawyers](/wp-content/uploads/2020/07/Mark-Diaz-1-Sealing-Records-of-a-DWI-Conviction-in-Texas_-What-You-Need-to-Know_July2020-1024x681.jpg "Galveston DWI Lawyers | Mark Diaz & Associates")

DUI education and treatment programs vary from one treatment center to another, but they generally consist of group sessions centered on:

How alcohol and drugs can affect driving performance and safety

Legal and personal consequences of driving under the influence

How to avoid drunk driving in the future

DUI treatment programs aim to increase awareness of the effects and dangers of drunk driving and help DUI offenders identify their drug/alcohol use and driving patterns. Ultimately, the goal of this program is to prevent people from driving under the influence ever again.

Some DUI treatment centers perform a follow-up interview after the completion of all required classes to assess the success of the program and reinforce strategies to avoid recidivism.

Although most participants attend DUI classes and treatment programs after getting arrested for intoxicated driving, these programs are available for anyone who wishes to seek guidance regarding their drug and alcohol use.

## Advantages of DUI Education and Treatment

Court-mandated DUI education and treatment programs leave choice out of the equation. If you do not complete the required number of hours, the repercussions will be severe and you may never get behind the steering wheel again.

While there are many concerns regarding the efficacy of a program that is somehow “forced” on the individual, studies show that those who are [legally bound to attend DUI classes and substance abuse treatments](http://www.drugabuse.gov/publications/principles-drug-abuse-treatment-criminal-justice-populations/legally-mandated-treatment-effective) generally have good outcomes. The desire to get their licenses back can motivate offenders to see the program through to the end.

DUI programs have more benefits than just avoiding jail, though. Access to a personalized treatment plan can help reform mindsets and open people’s eyes to the hazard of intoxicated driving – thus, increasing the chance at sustained recovery.

If you need help with [drug and alcohol treatment in Galveston County](https://gulfcoastcenter.org/) check into [Gulf Coast Center](https://gulfcoastcenter.org/) or call their 24-hour crisis hotline at 866-729-3848.

**About the Author:**

Lauren Kunis is the Content Marketing Strategist for [Stonewall Institute](https://www.stonewallinstitute.com/), an outpatient alcohol and drug treatment center in Phoenix, Arizona that offers online DUI classes, DUI screenings, and a holistic, individualized approach to addiction recovery. She loves reading books, traveling, and going on hiking adventures with her dog, Max.

![Stonewall Institute](/wp-content/uploads/2021/07/Screenshot_2-300x113.jpg "Stonewall Institute | Mark Diaz & Associates")

**Categories:** DWI defense attorney

**Tags:** alcohol abuse treatment, DUI, DWI

---

### [If You've Been Convicted of a Crime Stay Off Social Media](https://texascriminaljustice.com/if-youve-been-convicted-of-a-crime-stay-off-social-media/)

**Published:** July 30, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![social media and crime](https://texascriminaljustice.com/wp-content/uploads/2021/07/Diaz_social-media-and-crime.jpg "social media and crime")After being arrested and convicted of a crime in Texas, you probably assume that your experience with the criminal justice system concludes after you meet the requirements of your sentence. Once you serve your term of incarceration, pay the fines and/or restitution, and complete probation, it seems logical that the criminal conviction is behind you.

Unfortunately, this scenario may not play out how you expected. There are multiple collateral consequences that follow since a conviction remains on your criminal record. You may be required to disclose it, or the case may show up in a background check. As a result, you may encounter:

- Difficulties with employment
- Challenges in obtaining a mortgage, car loan, or other lines of credit
- suspension or revocation of professional or business licenses
- Many other ramifications

While there may be little you can do to change some collateral consequences, there is one thing you can do to support your interests after a criminal conviction in Texas: Stay off social media. [Statistics gathered by the Pew Research Center indicate that](https://www.pewresearch.org/internet/2021/04/07/social-media-use-in-2021/) 7 in 10 Americans use such platforms as YouTube, Facebook, Instagram, and TikTok. When you join them, you open the door into your private life – which can be more damaging when you have been previously convicted of a crime.

After an encounter with the Texas criminal justice system, you want to avoid the kinds of activities that could raise suspicion. It is always wise to consult with a [Galveston criminal defense lawyer](/our-team/) if you have questions or concerns. Still, you should understand the various reasons to stay off social media after a criminal conviction.

**Privacy Settings Are No Guarantee**

Initially, you probably expect that you will not run into problems with social media posts because you made adjustments to your privacy settings. Depending on the specific platform, you can establish rules that prevent individuals and entities from seeing your posts unless you are connected.

The problem with this assumption stems from the fact that each social media platform is a network of individual users, each of whom can share with their own communities. Social media sites go to great lengths to encourage sharing – and they each encourage sharing among multiple social media platforms. To illustrate, track how that picture of you smoking a joint can travel:

- You text it to your friend
- Your friend shares to Facebook and tags you
- Your friend’s connections, whom you do not know, share to their own communities on Snapchat and Instagram

Now there are potentially hundreds of impressions of your photo, depicting criminal activity, across at least three social media networks. Worse, even a picture of you smoking a cigarette can be altered by others. Of course, experts can pinpoint the counterfeit, but the damage is done if you have already been arrested on new criminal charges.

**Social Media Posts When on Probation**

If your sentence after being convicted includes community supervision, i.e., probation, not complying with the court’s conditions could lead to legal trouble. The terms of your probation will most definitely mandate that you avoid another arrest and all types of criminal activity. Plus, you can also be sure your probation officer will be monitoring your accounts.

You may even be required to turn over passwords so that officials can access your social media profiles; in some cases, probation conditions may even include a specific requirement that you stay off social media.

If your social media posts or the activities that they depict constitute a violation of probation, your probation officer may institute proceedings for a revocation hearing. Possible outcomes include:

- The judge revokes your probation, so you will be subject to incarceration
- You could be released, but the rules of probation become even more strict

**The Most Damaging Social Media Posts**

Even if you realize that social media is not private, you may have reasons that you cannot avoid social media entirely. It is important to have the support of friends and family who can help you stay on track after a criminal conviction. You might need to interact on employment-based social media platforms or promote your own business to earn an income.

As such, if you do choose to engage with others on social media, you should be aware of the types of posts that can be most damaging to your interests post-conviction.

- ***Your Posts:*** Whether or not accompanied by visual content, posts about your personal life may reveal too much to officials that may be snooping around. The same goes for your comments on other users’ posts.
- ***Photos and Video:*** Besides images that depict you involved with criminal activity, you could also get into trouble if you post seemingly innocent pictures or video. For example, if you are not allowed to leave a particular jurisdiction, do not post content showing your previous vacations.
- ***Check-Ins:*** Just as photos and video can reveal your whereabouts, social media check-ins may place you somewhere you should not be.
- ***Employment Updates:*** It is important to abide by any restrictions on your employment and even more critical to not generate evidence of potential violations.
- ***Tags:*** Even posts by your friends might be problematic, so make sure your community knows to not “tag” you or otherwise indicate your presence in a certain place, just to be safe.

**Social Media and Types of Crime**

From the above description, you can probably guess how posting online can lead to encounters with police or other hassles. One obvious category of offenses where social media could play a role after a conviction is sex crimes, including those involving children.

There are numerous requirements and restrictions under the Texas sex offender registration program, and social media content can expose even seemingly minor slipups. Your online interactions with an alleged victim may show a volatile relationship, lending credibility to charges for rape.

In addition, social media content may be involved in:

- DWI cases, where your license was revoked or you are ordered to refrain from drinking
- Drug crimes, including possession, trafficking, and manufacturing
- Gun offenses, especially considering that possession by a convicted felon is itself a felony
- Assaults on law enforcement, in light of trends where bystanders capture arrests and encounters with police on video
- Theft crimes, in which pictures of stolen items might appear in the background of a photo or video

**Social Media in Pre-Arrest and Investigations**

The implications of social media posts after you have been convicted are serious, but it is worthwhile to understand how this content could affect your rights during pre-arrest stages. Officials are gathering evidence to support an arrest, and your social media posts, images, videos, and check-ins are fair game.

Investigators can glean a massive amount of information to establish probable cause that you committed a crime, giving them grounds to charge you. Ultimately, these details may also be presented in court when the prosecutor is attempting to prove guilt beyond a reasonable doubt.

This description may run contrary to your understanding of constitutional protections, specifically your rights under the Fourth and Fifth Amendments to the US Constitution; the Texas Constitution also includes parallel provisions. A Galveston criminal defense attorney can clarify the application of civil rights laws to your social media content, but note the following:

- The Fourth Amendment protects you from unreasonable search and seizure, but only under circumstances in which you have a reasonable expectation of privacy. The global scale of social media networks essentially makes content public, thereby preventing any assumption that your content is private.
- Your right against self-incrimination does apply to social media, but there are limitations on Fifth Amendment protections. You can remain silent when questioned by police, but your social media posts speak for themselves. Plus, the posts are akin to statements that you make before an arrest. They can lead to charges AND be used as evidence to prove guilt.

Also, keep in mind that the reading of your *Miranda* rights plays less of a role than you might expect in the context of social media. Yes, you do have the right to remain silent, but police do not have to read you these warnings if they are not interrogating you. The content you post on social media is a voluntary statement, so it is admissible in court.

**Consult with a Galveston Criminal Defense Lawyer for Free**

Avoiding social media is a smart strategy after you were convicted of a crime and want to stay on track, but mistakes happen. If a lapse in judgment led to criminal charges in Texas, please contact Mark Diaz, Criminal Defense Attorney, to discuss your case. Regardless of whether this is your first encounter with the criminal justice system, retaining experienced legal counsel is critical.

There are always strategies for fighting the charges, especially when you remember that the government must prove guilt beyond a reasonable doubt. Together with defenses, you can take advantage of tactics to obtain a favorable outcome.

For more information on our legal services for clients throughout Galveston County and Greater Houston, please call (409) 515-6170. We can schedule a free appointment with one of our [criminal defense lawyers in Galveston](/landing-form/). Once we assess your circumstances, we can discuss strategy.

**Categories:** Criminal Defense Lawyer

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### [How The New Constitutional Carry Law Could Affect Weapons Charges in Texas](https://texascriminaljustice.com/how-the-new-constitutional-carry-law-could-affect-weapons-charges-in-texas/)

**Published:** July 30, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![constitutional carry](https://texascriminaljustice.com/wp-content/uploads/2021/07/constitutional-carry.jpg "constitutional carry")

## Constitutional Carry

The term constitutional carry is often used interchangeably with “open carry,” “permitless carry,” or “unconcealed carry,” but they all generally refer to the same concept. Individuals can legally possess a firearm in a public place, without a permit, and without the need to hide the gun on their person.

Regardless of the stance you take on the matter, constitutional carry takes on new meaning after Governor Abbott signed multiple gun measures in June 2021. The [Texas Firearm Carry Act of 2021 provides that](https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1927):

- A person who is 21 years or older is not required to have a permit to carry, possess, transport, or store a firearm
- The law only applies to individuals who are not otherwise prohibited by US or Texas law from possession of a gun
- The bill goes into effect on September 1, 2021

While these points may seem relatively clear-cut, you might be surprised to learn the extremely convoluted legal concepts involved with constitutional carry. There are complications involved with any questions arising under the Second Amendment of the US Constitution and the Texas Constitution parallel provision, Section 23 on the Right to Keep and Bear Arms. Plus, because of the relationship between federal and state laws, there is an additional level of complexity.

This legal landscape can make it difficult to understand your rights, which means you can run into trouble through mistakes or errors in judgment. If you are facing gun charges, it is crucial to retain an experienced [criminal defense lawyer in Galveston County](/our-team/) right away. Though the Texas constitutional carry law will not be effective until September 1st, 2021, it is still worthwhile to review the basics.

### Overview of House Bill 1927

The recently signed bill on constitutional carry puts Texas in line with other US statutes that allow handguns in holsters to be carried in public, without a permit. Currently, and until the legislation becomes effective in September, a person must obtain a license to carry a handgun – both open or concealed. There are numerous requirements for licensing under existing law, including:

- Submitting fingerprints
- Completing at least six hours of firearm safety training
- Passing a written test
- Conducting a shooting proficiency test
- Complying with a criminal background check

These rules have been established via legislative powers under the Texas Constitution, which empowers lawmakers to regulate the wearing of arms with a view of crime prevention. The enactment of HB 1927 eliminates these requirements and makes numerous changes to [current gun laws in Texas](/texas-gun-laws-in-2022/). A few highlights include:

- The law specifically applies to carrying a handgun in public without a permit.
- There are enhanced penalties for possession by felons and those convicted of domestic violence.
- If you were previously convicted of illegally carrying a gun in a public place, you have expanded options for having the matter expunged.
- Anyone who inadvertently carries their firearm into a place where prohibited may claim mistake as an affirmative defense.
- The Texas Department of Public Safety must create a free, online firearm safety course since training is no longer a requirement.

### HB 1927 and Police Interactions

Another key provision in the new constitutional carry law involves the powers of law enforcement. An officer may apprehend and disarm an individual when he or she reasonably believes that doing so is necessary to protect the individual, police, or someone else. The officer is required to return the gun after determining that there is no threat and there is no other criminal violation.

### Texas Gun Laws Not Impacted by Open Carry

Now that you have a general idea of the recently enacted Texas legislation, it is also important to know what has NOT changed.

***Places Where Open Carry is Unlawful***

It remains illegal to be in possession of a firearm, whether concealed or open carry, in the following locations:

- On grounds where a high school, college, or professional sports event takes place
- In a correctional facility
- At an establishment that makes 51 percent or more of its revenue from the sale or service of alcohol
- In a hospital or nursing home
- In certain government buildings
- Secured areas of airports
- Other spaces designated by state or federal law

***Unlawful Possession by Certain Individuals***

Under both state and federal law, it is illegal for a convicted felon or an individual currently serving or recently released from a felony deferred adjudication to carry a firearm; there are also prohibitions on possession by someone who has been convicted of a domestic violence crime or is the subject of a protective order for domestic violence.

***Long Guns and Rifles***

The constitutional carry statute also does not impact the carrying of rifles, which a person can legally carry in public – so long as other prohibitions do not apply.

### Penalties for Violations of Texas Gun Laws

At the outset, the punishment for a violation of firearms laws depends upon whether the offense is a misdemeanor or felony. Additional considerations include your prior criminal history and surrounding circumstances, so the penalties may vary substantially. As a baseline, you can review some of the charges and punishment for some common Texas gun crimes:

- Unlawful carrying of weapons is a Class A Misdemeanor, punishable by up to a year in jail, a maximum fine of $4,000, or both. However, the offense is charged as a Third Degree Felony if you intentionally carry a gun into a store or bar licensed to sell alcoholic beverages.
- A violation of the statute in places where weapons are prohibited is also a Third Degree Felony. A conviction could lead to a sentence of 2 to 10 years of incarceration and a fine of $10,000.
- Under current law, those who do have proper permits are still prohibited from carrying under certain circumstances and in designated areas. One point to note is that someone with a concealed carry license must actually keep it hidden. Intentionally displaying the firearm in a public place is a Class A Misdemeanor, though it may be a defense to claim that the weapon was holstered.

### Special Considerations on Texas Versus Federal Gun Laws

In general, Texas statutes on firearms are less restrictive than federal laws. The constitutional carry law certainly supports this theory, as US gun control statutes do not include similar provisions. One specific note involves possession of a firearm by a felon, which is prohibited under federal law.

However, Texas allows a person to possess a gun in their own household if at least five years have passed since the completion of the felony criminal sentence, whether that be release from prison, community supervision (probation), parole, or other involvement with the criminal justice system.

### Additional Gun Laws Signed by Governor Abbott

There were several other firearms-related bills signed that will also go into effect in Texas in September 2021. They include:

- A law the prevents hotels and motels from setting gun policies that restrict the Second Amendment rights of guests
- A legal prohibition on government bodies that are barred from contracting with organizations that discriminate against the firearm and ammunition industries
- A measure that specifies and expands the requirements for holsters, giving handgun carries more freedom to choose and clarity on legal compliance
- A law that eliminates firearm suppressors, also known as silencers or muzzles, from the list of prohibited weapons under state law
- A statement that says firearms and ammunition manufacturers, sellers, and distributors are essential businesses, referring to lockdowns resulting from COVID-19

Another measure that Governor Abbott signed will have a questionable impact: A prohibition on state and local governments from enforcing any new federal gun rules that affect Second Amendment rights. While every person in the US is subject to federal government laws, the key when it comes to criminal statutes is enforcement.

Texas officials may not take action to enforce federal laws, but the state is also under the jurisdiction of federal officials. You could be arrested by either state or federal officials – for violations of either state or federal law.

Some interesting conundrums could develop, making it critical to retain a Galveston County criminal defense lawyer for help with:

- Gathering evidence
- Assessing exhibits, witnesses, and other information the prosecution may use
- Developing defense strategies
- Handling discovery requests
- Representing you at trial

### Discuss Gun Laws with a Criminal Defense Lawyer in Galveston County

This summary of the Texas constitutional carry law and other new firearms statutes is helpful, but an overview cannot replace the knowledge, experience, and skills an attorney brings to a gun crimes case. You could be facing high fines and a long term of imprisonment for a conviction, and there are additional implications for your future. Collateral consequences of a criminal record can be harsh, especially when they impact your Second Amendment rights.

However, there are strategies for fighting the charges and presenting defenses, which could lead to a dismissal, acquittal, or plea bargain. It is the objective of Mark Diaz, Criminal Defense Attorney, to pursue all possible tactics to obtain a favorable outcome. For more information on our legal services to individuals in Galveston County and Greater Houston, please call (409) 515-6170. You can schedule a free appointment with a [Galveston criminal defense attorney](/landing-form/) who can provide additional details.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal Defense Lawyer

**Tags:** constitutional carry

---

### [What are the Most Common Crimes in Galveston County?](https://texascriminaljustice.com/what-are-the-most-common-crimes-in-galveston-county/)

**Published:** July 30, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston County crime](https://texascriminaljustice.com/wp-content/uploads/2021/07/Diaz_Galveston-County-crime.jpg "Galveston County crime")**Crime Statistics**

Crime statistics in Texas are interesting in terms of trends, demographics, recidivism, and related factors, but you have many other reasons to review this information if you were recently arrested. One of the most important things you will want to know is how many people charged with a criminal offense are eventually convicted, and you might be surprised by the data.

According to the US Bureau of Justice Statistics, 68 percent of individuals arrested on felony charges were convicted. Breaking down the data, the conviction rate for felonies was 59 percent; the remaining defendants had their charges reduced to a misdemeanor.

While these figures specifically address federal criminal charges, it is possible to extrapolate the data and carry it over to state cases. Applying the BJS numbers to the [Texas Department of Public Safety report on ](https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf)[*Crime in Texas*](https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf):

- Defendants in felony motor vehicle theft cases had the highest conviction rate at 74 percent. Of the 5,755 people arrested on such charges in Texas, almost 1,500 would not be convicted.
- Officials obtained a conviction in 70 percent of federal murder cases, which means 223 of the 744 people arrested for murder in Texas would avoid a conviction.
- The lowest conviction rate at the federal level was for defendants charged with assault, at 45 percent. Of the 80,267 people facing such charges in Texas, almost 44,150 would not have a felony conviction on their records.

Of course, this is a loose assessment of how criminal cases at the federal level may play out in Texas. It does demonstrate the most important point of criminal law, however: An arrest is not a conviction, and there is a lot that can happen as a case makes its way to trial.

With help from a [Galveston County criminal defense lawyer](/our-team/), you can take advantage of defenses and use procedural tactics to make the prosecutor’s job very challenging. Plus, as mentioned above, some defendants avoided a felony conviction by getting the charges reduced to a misdemeanor – which, when looking at the penalties for misdemeanors versus felony offenses, is a win.

The key takeaway from these figures is that retaining experienced legal counsel is absolutely crucial if you have been accused of any of the most common crimes in Galveston County. They include:

**Drug Abuse Violations**

Almost 130,000 people are arrested for violations of Texas drug laws, including 20,000 for manufacturing and 108,000 for possession. The elements vary by the offense, but the prosecutor must have proof beyond reasonable doubt that you knowingly or intentionally:

- Had possession (care, custody, or control) of a controlled substance; or
- Cultivated, processed, packaged, or engaged in other activities related to drug manufacturing; or
- Had possession of a controlled substance with the intent to distribute

Many drug possession cases are charged as misdemeanors, but manufacturing and trafficking are typically felonies subject to the sentencing described below. The primary factors in determining the charge and punishment for a conviction are the type of drug and amount, though there are many other variables. Potential defenses to drug possession violations include:

- Lack of evidence regarding intent, or knowledge that the controlled substance was within care, custody, or control;
- Failure to establish possession;
- Inability to show that a transaction, trafficking, or manufacturing took place;
- Crime lab confirms the controlled substance is something other than what is charged;
- Defenses are available in all criminal cases, most of which arise out of violations of your civil rights

**Murder and Homicide**

There are four degrees of homicide under Texas law: Capital murder, murder, manslaughter, and criminally negligent homicide. These offenses are categorized according to the underlying circumstances. For instance, capital murder involves the intentional killing of someone during the commission of a [violent crime](/how-violent-crimes-are-increasing-in-texas/). This includes murder-for-hire, killing a law enforcement officer, mass murder, or causing the death of a child under 10 years old. The offense carries only two options for punishment – life in prison without the possibility of parole, or the death penalty, making it even more essential to retain a Galveston County criminal defense attorney.

With respect to other murder crimes, note that:

- Murder is a First-Degree Felony.
- Manslaughter, causing a person’s death through reckless actions, is a Second-Degree Felony.
- Criminally negligent homicide is similar to manslaughter in that the prosecutor does not need proof of premeditation; instead, there must be facts establishing that you were negligent in causing death.

**Other Violent Crimes**

Assault, battery, and sex crimes are treated very seriously in Texas, starting at a Class C Misdemeanor and can escalate up to a First-Degree Felony. As an overview:

- Simple Assault is a Class C Misdemeanor. However, it is a Class A Misdemeanor if you intentionally, knowingly, or recklessly cause bodily injury.
- You could be arrested for aggravated assault if the acts of assault actually cause serious bodily injury or you use a deadly weapon in commission of the crime. Aggravated assault is usually a Second-Degree Felony unless you have a familial relationship with the victim, the victim is a public servant, or other factors are present – in those situations, it could be a First-Degree Felony.
- Indecent assault is akin to other forms of the offense except that the prosecutor must also prove that the acts were conducted with the intent to arouse or gratify sexual pleasure. This crime is a Class A Misdemeanor.

Sexual assault is also included in Texas assault laws, and there are two separate offenses defined by the statute. One form covers sexual contact or attack without the adult victim’s consent; the other applies to various forms of sexual misconduct involving a child under 17 years old. However, note the application of the so-called “Romeo and Juliet” law: When the defendant is not more than three years older than the victim, and the victim is at least 14 years old, the statute provides an affirmative defense.

**Defenses and Strategies for Fighting Criminal Charges**

While the above includes some defenses available to specific charges, keep in mind that some defenses apply to all criminal cases. These are typically issues involving constitutional law, as violations of your civil rights are very serious – serious enough that the criminal justice system tips in your favor. Examples include violations of:

- Your Fourth Amendment protections against unlawful search and seizure
- Your right to remain silent and not be forced to reveal self-incriminating statements
- The right to a speedy trial and to be allowed to confront accusers and witnesses in court
- Your right to retain legal counsel to represent you

To take advantage of the defenses stemming from these civil rights violations, a Galveston County criminal defense attorney will typically engage in motion practice. For instance, if an arrest is based upon an unlawful search and/or illegally seized evidence, it is not admissible in court.

However, getting it tossed is not automatic: You must file a motion to suppress illegally obtained evidence or statements. After the motion is filed, typically a hearing will be held in court where witnesses will be called and attorneys from each side will argue their respective positions. If the judge grants it, the prosecution may be forced to drop the charges due to a lack of evidence.

Plus, keep in mind that the prosecution needs to prove each element of a criminal offense beyond a reasonable doubt. One effective defense technique would be to expose weaknesses in the evidence and testimony, so the jurors begin to question guilt. Additional defenses may include:

- Lack of intent for specific intent crimes
- Lack of knowledge or mistake
- Self-defense, defense of others, and protecting property
- Mental incapacity, or insanity, in rare cases

**Penalties for Common Texas Offenses**

There are numerous variables that impact the exact penalties you face for a criminal conviction, including criminal history, underlying circumstances, the identity of the victim, the presence or use of a weapon, and many more. Knowing the baseline sentencing may be helpful:

- A conviction for a Class A Misdemeanor could mean up to a year in jail and/or a $4,000 fine.
- For a state jail felony, you face at minimum 180 days and up to two years imprisonment in a State Jail and a fine of $10,000.
- A Third-Degree Felony carries a mandatory minimum sentence of two years and a maximum of 10 years in prison and a fine up to $10,000.
- For a Second-Degree Felony, a conviction could mean no less than two years and up to 20 years incarceration in prison and a fine up to $10,000.
- A conviction on First-Degree Felony charges involves a mandatory minimum sentence of five years, and the max is life in prison and a fine up to $10,000.
- Being convicted for a capital felony raises the possibility of the death penalty, though the prosecutor has discretion in seeking it. If not, you face life in prison without the possibility of parole.

**Trust Your Case to a Galveston County Criminal Defense Lawyer**

If you were arrested for these or another one of the most common crimes in Galveston County, make it a priority to retain legal representation. Criminal Defense Attorney Mark Diaz is in the best position to aggressively fight the charges when you reach out at the earliest stages of a criminal case. To learn more about potential defense strategies, please call (409) 515-6170 to schedule your free appointment with a [criminal defense lawyer in Galveston](/landing-form/). Our office advocates on behalf of clients throughout Galveston County and Greater Houston, so we are prepared to take on your case.

**Categories:** Criminal Defense Lawyer

**Tags:** common crimes

---

### [Are DWI Charges the Same for Adults and Minors?](https://texascriminaljustice.com/are-dwi-charges-the-same-for-adults-and-minors/)

**Published:** August 26, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI DUI](https://texascriminaljustice.com/wp-content/uploads/2021/07/Diaz_DWI-DUI.jpg "DWI DUI")

## DWI Charges In Texas

It is no secret that Texas has enacted some of the strictest drunk driving laws among all US states, which are accompanied by a robust system of penalties and administrative sanctions. Even for a first-time arrest, a violation of laws on driving while intoxicated (DWI) could lead to at least three days in jail and up to six months’ incarceration and extensive fines. Plus, there are implications for your driving privileges, including a driver’s license suspension ranging from 90 days to 12 months.

However, these penalties apply to adults who are convicted for DWI; their crime was getting behind the wheel of a car. The situation is quite different for minors under age 21 who are not allowed legally to consume alcohol, since Texas has a specific law for minors and drunk driving. Law enforcement cracks down on offenders and prosecutors aggressively pursue charges in light of statistics reported by the [US Centers for Disease Control and Prevention](https://www.cdc.gov/vitalsigns/teendrinkinganddriving/index.html) (CDC):

- High school teens drink and drive approximately 2.4 million times a month.
- Every year, almost 1 million individuals aged 15 to 19 operate a vehicle while intoxicated.
- Of the high school teenagers who report drinking and driving, 85 percent state that they binge drink by consuming five or more beverages within a matter of hours.
- Around 20 percent of teen drivers involved in deadly vehicle crashes had some alcohol in their blood. Most – 81 percent – had blood alcohol concentration levels in excess of the legal limit of .08 percent.

If you are underage and facing drunk driving charges, or you are the parent of a child in a similar situation, it is important to retain a [DWI lawyer in Galveston County](/dwi-charges/) right away. A drunk driving case can have a long-lasting impact on teens, but there may be strategies to obtain a favorable outcome. In addition, it is imperative that you understand how Texas laws apply to younger motorists since DWI charges are NOT the same for adults and minors.

### Comparing Texas DWI and DUI Laws

To best understand how age impacts drunk driving charges, you should become familiar with some key terminology, definitions, and special considerations.

***Driving While Intoxicated (DWI) – Texas Penal Code 49.04***

Any motorist could be arrested for DWI if he or she meets one of two criteria under Texas law:

1. Operating a motor vehicle with a blood alcohol concentration (BAC) in excess of .08 percent as measured by a chemical test, and/or
2. Driving while not having use of normal mental or physical capabilities due to consumption of alcohol or controlled substances or a combination of both, which could mean the motorist has a BAC under the legal limit.

***Driving Under the Influence (DUI) – Texas Alcoholic Beverage Code 106.041***

Contrary to the familiar usage in other states that refers to any charge of drunk driving, Texas DUI laws only apply to individuals under the age of 21. For someone under the legal drinking age, driving under the influence of ANY detectable amount of alcohol is illegal. Someone could test for as low as .02 percent BAC and still be arrested for DUI. Because many young people in Texas enjoy other motorized vehicles, such as watercraft, it is important to keep in mind that these laws could also lead to an arrest.

### Minors Could Face DUI and DWI Charges

Despite the distinctions between the two, it is possible for a person under the age of 21 to be arrested for drunk driving under Texas Code provisions. On the one hand, DWI is a crime for adults; at the same time, the laws seek to punish underage drunk driving for DUI.

***DWI Penalties for Adults and Minors***

The first-time penalties outlined above are serious, and a judge could impose them for drivers of any age. The punishment range can increase if an individual has prior convictions for DWI.

- A second conviction is a Class A Misdemeanor, punishable by a mandatory jail sentence of 30 days and up to one year. You could also face a driver’s license suspension from 180 days to two years, along with a $4,000 fine.
- For a third or subsequent arrest on DWI charges, the crime is a Third Degree Felony. If convicted, the sentence includes a mandatory minimum of two years in prison. A judge could order up to a maximum of 10 years.

Keep in mind that the penalties are more severe for a first-time offender with a BAC in excess of .15 percent. Also, note that Texas does not apply a lookback period for subsequent drunk driving offenses. Meaning any previous conviction, no matter how old, will be considered a prior DWI offense.

### DUI Punishments for Minors

The individual’s age and driving history are important factors when assessing penalties for DUI. For a first offense, a person under 17 years old is facing Class C Misdemeanor charges. The punishment could include 20 to 40 hours of community service and a maximum fine of $500. A first-time DUI for a person aged 17 to 20 is a Class B Misdemeanor. If convicted, the law requires a minimum of 72 hours in jail, though a possible sentence can be up to 180 days.

There are collateral consequences for minors convicted of DWI and/or DUI as well. The matter will turn up on a background check, and a young person may be required to disclose criminal activity on applications. This turns into challenges with obtaining student aid for college or other educational opportunities, as well as difficulties finding employment. A conviction can also disqualify someone for a professional license, leading to additional job-related implications. Many other collateral consequences impact minors long after being convicted for drunk driving.

### How to Fight DWI and DUI Charges

The first consideration in defending any criminal case is knowing the prosecutor’s burden. The government must prove every element of a DWI and DUI case beyond a reasonable doubt to secure a conviction, and anything less must lead to an acquittal. Therefore, the initial line of attack is dismantling the prosecution’s case. For a drunk driving matter, it is possible to develop a defense strategy based upon certain scenarios:

- Police cannot pull you over unless they have a reasonable suspicion of a violation of the law.
- Officers are not allowed to arrest you unless they have probable cause that you were that an intoxication offense has been committed, regardless of age.
- A portable breathalyzer test, taken at the site of the roadside stop, is not admissible in court or trial as evidence of intoxication.
- Police must inform you of your rights to refuse field sobriety tests or breath or blood samples under Texas implied consent laws, though they are still allowed to obtain a chemical sample under certain circumstances.
- If you are in custody for a breathalyzer test, the device must comply with strict rules on calibration and inspections. The law enforcement officer administering the test must also comply with procedural and licensing regulations.

In addition, there are other strategies for resolving DWI and DUI charges through agreement. This approach is often successful when the prosecutor’s case is weak because of a lack of evidence or deficiencies in BAC testing. One option may be working out a plea bargain through a deferred adjudication. Eligible individuals can choose to plead guilty in exchange for a type of probation termed deferred adjudication.

When you complete all terms imposed by the court, you can have the charges dismissed. There may be requirements such as an ignition interlock device (IID), completing a substance abuse assessment, and finishing treatment programs. The matter will not appear as a DWI or DUI conviction, but it WILL be considered for subsequent drunk driving offenses.

### **Get Help from Our DWI Attorney in Galveston County**

Anyone facing drunk driving charges can benefit from retaining experienced legal help, particularly younger motorists who might encounter challenges with a prior criminal conviction. Intoxicated driving is one of the most technical and complex areas of criminal law in Texas and you are at a disadvantage if you try to handle the matter on your own, so rely on an underage drunk driving lawyer to assist.

Your attorney can take care of essential legal tasks throughout the process, starting with advice and counsel on the charges. Understanding the differences between DUI and DWI can be complicated, and figuring out the implications requires in-depth knowledge of the laws. A lawyer can also guide you through the legal process by:

- Assessing and gathering evidence to support defense strategies
- Engaging in motion practice to suppress evidence that does not meet the standards required for reasonable suspicion and probable cause
- Advising you during pretrial proceedings for criminal drunk driving charges
- Helping with administrative proceedings that affect your driver’s license
- Defending your interests in a criminal DWI or DUI case

When deferred adjudication is an option, it is still beneficial to gain insight from an experienced legal professional. There are terms and conditions to assess, and you must first understand the qualifying criteria. Also, remember that you are [innocent until proven guilty](/arrests-over-nye-weekend-innocent-until-proven-guilty/).

**Trust Our Galveston County DWI Lawyer for Legal Help**

It is helpful to review this summary of Texas DUI and DWI laws that apply to underage motorists, but the information should also convince you that retaining skilled legal representation is crucial.

For more information about defense strategies, deferred adjudication, and related concepts, please contact Galveston County DWI Lawyer Mark Diaz. You can set up a free consultation with a [drunk driving attorney in Galveston](/landing-form/) by calling (409) 515-6170. We advocate on behalf of clients in Galveston County and Greater Houston, and we look forward to working with you.

**Categories:** DWI Lawyer

**Tags:** DUI, DWI

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### [How Lighting Reduces Violent Crime](https://texascriminaljustice.com/how-lighting-reduces-violent-crime/)

**Published:** July 30, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense lawyer in Texas City](https://texascriminaljustice.com/wp-content/uploads/2021/07/criminal-defense-lawyer-in-Texas-City.jpg "criminal defense lawyer in Texas City")Crime rates in Texas and throughout the U.S. may fluctuate over time, but the law enforcement community is always seeking new tactics, methods, and strategies for apprehending suspects. Though many new solutions and innovations show promise, one approach to fighting crime involves technology that has been around since the 1750s and the days of Benjamin Franklin: Installing lighting to reduce criminal activity, particularly violent crime. The U.S. Department of Justice (DOJ) addressed this topic in a Police Response Guide entitled Improving Street Lighting to Reduce Crime in Residential Areas, citing evidence that supports the theory. However, there are a number of concerns that are raised as well, including the following:

● Increased lighting encourages area residents to be outdoors, increasing the prevalence of unoccupied homes at risk for burglary.
● There is the potential that heightened visibility of potential victims will create more opportunities for would-be criminals.
● The DOJ admits that any gains against violent crime made by improving street lights can be completely eliminated in times of economic downturn.

The report is interesting in its history of street lighting, contexts in which it has impacted crime rates, and what more can be done through lighting strategies. There can be no doubt that law enforcement will take advantage of every opportunity and tool at their disposal, so it is important to understand the role simple illumination may play in a criminal case. A Texas City criminal defense attorney can advise you on a wide range of legal topics, but it is informative to review a summary on how lighting reduces violent crime.

**Defining Violent Crime**

Initially, it is important to set parameters of lighting and crime by establishing what constitutes a violent offense. The dictionary definition provides guidance but, for purposes of criminal law, the key is the Uniform Crime Reporting (UCR) Program. The FBI oversees this system, which serves to compile data on crime reported by agencies throughout the US. For purposes of the UCR program, crimes are divided into two parts; Part I generally includes more serious offenses. Four of the eight crimes in this category of so-called “index” offenses are considered violent:

1\. Homicide
2\. Rape
3\. Aggravated assault
4\. Robbery

Part II crimes are less serious offenses, but one crime in this category might also be considered violent when attempting to understand the role of lighting: Misdemeanor or simple assault that does not involve the use of a weapon and there were no injuries to the victim.

**Findings of the DOJ on Improving Street Lighting to Reduce Violent Crime**

The DOJ report notes at the outset that enhanced visibility is commonly linked to reduced crime rates, ranking second to an increased police presence. Though the data was gathered under very specific conditions, some general themes include:

● Improved exterior lighting acts as a crime deterrent because potential offenders realize they will be seen or recognized.
● Illumination makes law enforcement more visible, also deterring criminal activity.
● Enhanced lighting encourages residents to spend more time outdoors, creating a sort of informal surveillance.
● Improved street lighting also impacts crime during the day, because communities are no longer seen as easy targets.

On the other side of the debate, the DOJ report pointed out that exterior illumination might also increase violent crime. When potential victims can see better, so can offenders. They can easily assess whether a target is alone, what belongings they are carrying, and who might intervene. Plus, spending more time outdoors in the evenings means residences are unoccupied and offenders have more available victims for violent crime. There is also the potential that a newly illuminated area will draw criminal activity at night, while then carrying over to become a meeting point for planning purposes during the day.

**Other Technologies That Help Police Make Arrests**

Lighting is one of the oldest solutions for deterring criminal activity, but advancements in other areas also help law enforcement conduct investigations and apprehend perpetrators. Some examples include:

● Thermal Imaging: Like lighting, this tool is particularly effective in dark conditions. Cameras employ infrared technology to detect heat emitting from a human being, enabling officers to find and track a suspect.
● Robots: Armed with cameras and operated wirelessly by a trained officer, robots can capture visual and audio surveillance when the situation would be too dangerous for police. Some models are even throwable and can ascend buildings.
● ShotSpotter: This technology can pinpoint the exact location of a gunshot and relay it to police dispatchers, expediting response time.
● Smart Cruisers: Police vehicles have come a long way, now implementing Wi-Fi-enabled laptops and tablets that provide law enforcement with immediate access to essential information.
● Facial Recognition Solutions: Though controversial from a privacy standpoint, this software scans a photograph of a suspect and uploads it to a video surveillance network. Thousands of cameras scan the streets, instantly comparing the faces to the photo. Facial recognition is still considered emerging since mistakes can lead to the false ID of suspects.

**Penalties for the Top 5 Violent Crimes in Texas**

The DOJ report emphasizes that there is a lack of relevant research that establishes a direct link between lighting and reductions in crime. However, the relevant statutes provide definite, specific information on the punishment a person could face for a conviction on any of the top violent crimes:

**Homicide:** Texas uses the term murder to define the unlawful killing of another person, but there are different types of homicide. Capital murder is the most serious, and it is punishable by the death penalty. Lesser forms of homicide might be charged as a First Degree Felony, which carries a potential sentence of 5 to 99 years in prison. Manslaughter, causing death through reckless conduct, is a Second Degree Felony. A conviction could lead to 2 to 20 years imprisonment.

**Rape:** Sexual assault laws in Texas cover numerous prohibited activities, including some involving minors. The key is consent, which could be a central issue in a case involving the use of drugs or a child who is considered incapable of consenting. Most forms of rape are a Second Degree Felony, but the charges could be elevated to a First Degree Felony for aggravated sexual assault if the offender:

● Caused serious injuries to the victim
● Threatened death
● Used or exhibited a deadly weapon
● Employed a “date rape” drug

**Simple Assault:** There are different classifications of assault under Texas law, but they all generally involve the same elements: Intentionally, knowingly, or recklessly causing bodily injury to another person. From there, the different degrees of assault get very detailed, with some variations focusing on the identity of the victim – such as a sports figure, public servant, government official, or member of the same household. More simple assault cases are charged as misdemeanors, up to a Class A Misdemeanor punishable by up to a year in jail.

**Aggravated Assault:** If assault results in “serious” bodily injury or the offender uses a weapon in the commission of the crime, the offense is elevated to aggravated assault. Depending on the circumstances, you could be arrested for a First or Second Degree Felony punishable as described above.

**Robbery:** Though it is a theft offense at its core, robbery is also a violent crime. A prosecutor must prove that you intentionally caused injuries or threatened to cause bodily harm while stealing the victim’s property. Robbery is a Second Degree Felony, but it is aggravated robbery – a First Degree Felony – if it involves a weapon.

**Collateral Consequences**

In addition to the criminal penalties, you should be aware that there are other implications for a violent crime conviction. Most of these offenses are felonies, and even some of the misdemeanors do not qualify for expunction. As such, the conviction will appear on a background check and you may need to disclose it for certain purposes. The collateral consequences that stem from having a criminal record include:

● Difficulties finding employment
● Revocation or suspension of any professional licenses you hold
● Challenges with obtaining a mortgage, auto loan, student loans, or line of credit
● Immigration issues for undocumented individuals
● Implications for your Second Amendment rights
● Many others.

**Talk to a Texas City Criminal Defense Attorney About Strategy**

If you were arrested for a violent crime, it is essential to retain experienced legal counsel as early in the criminal process as possible. You can see that the punishment is severe if you are convicted of any violent offense, and there are additional collateral consequences that you did not expect. It is a mistake to put your rights and future at risk by trying to represent yourself. A criminal defense lawyer in Texas City will guide you throughout the criminal process, from arraignment and determining bond to pretrial tasks and the trial date.

For more information on violent crimes in Texas, please contact Mark Diaz, Criminal Defense Attorney. Our office serves Galveston County and Greater Houston, and fighting for the rights of accused individuals is our core practice area. We offer a free consultation, so you can call (409) 515-6170 to schedule your appointment. Our team can offer additional details and explain the relevant legal concepts after reviewing the details of your case.

**Categories:** Criminal Defense Lawyer, Criminal Defense Lawyers

**Tags:** Violent Crime

---

### [Galveston Criminal Attorney Discusses Assault and Its Consequences](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-assault-and-its-consequences/)

**Published:** August 13, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2021/08/assault.jpg "assault")

## Questions And Answers On Assault In Texas

### Misdemeanor Assault

The most common type of assault that we see is a class A misdemeanor assault. Since it’s a class A misdemeanor, the range of punishment is up to a year in the county jail, and a fine not to exceed $4,000. The reason that I say it’s the most common that we see is because most of the assault cases that come through my office are assault cases involving family violence. One spouse committing an act of violence against the other spouse.

Typically, it’s a man charged, though not always, we do have several pending assault cases right now where it is the wife who is charged with assaulting the husband. The big thing about family violence cases is that they carry with them an affirmative finding of family violence, which then has some collateral consequences, including a restriction on gun ownership and gun possession for a period following the conviction. This causes a problem for a lot of clients. Clients don’t want to take that affirmative finding of family violence and then be prohibited from something like hunting. So oftentimes this becomes a sticky point in assault cases.

### **Family Violence**

There are other types of assault as well, Class C assault, which is a fine-only offense, doesn’t typically involve injury, it’s more like harmful or offensive touching. The offender is issued a Class C citation. The thing about that classification is that it can also carry a finding of family violence, triggering the same collateral consequences. That’s something that we’re always on the lookout for.

Your vanilla assault is two guys in a bar. That’s just Class A assault, the same range of punishment; up to a year in the county jail and the fine not to exceed $4,000. However, there is no family violence finding. What constitutes family violence is very broad. It’s almost as bad as if you’ve ever had a date with this person, that can be considered family violence. It is something that can, in the correct case, get litigated in court.

### **Felony Assault**

After we get to the misdemeanor assaults, we get to felony assault of offenses. Injury to the elderly, that can be a state jail felony, which is six months to two years in the state jail and a fine not to exceed $10,000. We have an assault of a public servant, that’s a third-degree felony, which carries two to 10 years in the Texas Department of Criminal Justice and a fine not to exceed $10,000. When I say two to 10 years, as with all these punishment cases, you also can be probation eligible.

We see a lot of assault on public servant cases inside of the jail, and during an arrest for another offense. It has happened to our clients where they aren’t happy that they’re being arrested and they decide to fight the officers, and they find themselves charged with assault of a public servant. I had a case recently, where my client had a warrant for something simple, and he decided to fight instead of going in on the warrant and found himself now with a third-degree felony. There were two officers, and he was trying to fight both of them. So he has found himself with two third-degree felonies.

### Collateral Consequences Of Family Violence

We talked earlier about family violence and the collateral consequences of the family violence finding. Being found guilty of a misdemeanor assault involving family violence has another collateral consequence. That is that if you are charged again, in the future, after having been convicted of that misdemeanor, it becomes a third-degree felony, which puts you back to two to 10 years in prison and a fine not to exceed $10,000.

The important thing to note is that the victim does not have to be the same. If you had a toxic relationship in your past and ended up with a conviction for an offense of assault involving family violence, and you find yourself charged again, you will be charged with a felony for that prior conviction.

There are much more serious felony charges that can come.

### Choking

Another one we see quite frequently is what we know as choking. In the penal code, it’s impeding breath or circulation. That also is a third-degree felony, the same range of punishment; two to 10 years and a fine not to exceed $10,000. The thing about that one is if you have no history, but you are accused of choking, you are charged with a felony. We see a lot of those cases. I don’t want to give away too much of how we defend those, but the key element is that you have to impede the airway.

The officers have to get that testimony out of the victim for you to be correctly charged in that case.

### Aggravated Assault

Moving on from there, we have aggravated assault, which can be serious bodily injury, or it can be if you use a deadly weapon. That will get you a second-degree felony, which is from two to 20 years in prison and a fine not to exceed $10,000. When it comes to aggravated assault or serious bodily injury, the charge can come if the assault causes the loss of use of a body part or function for some period of time, then it would qualify as serious bodily injury.

If I break your arm and your arm is in a cast, you’ve lost the use of your arm. That can be a serious bodily injury. If I break your jaw and you have to have your jaw wired shut, you’ve lost the use of your mouth for eating. That would be a serious bodily injury. The injury has to be severe enough for you to lose body function or the use of a limb for some period of time, and that period is not defined.

### Aggravated Assault Against A Family Member

Then we have another family member thing which is, if you commit aggravated assault, either by serious bodily injury or with a deadly weapon, that would be aggravated assault against a family member. That is a first-degree felony, which carries a punishment range of five to 99 years or life and a fine not to exceed $10,000.

Each assault case is different regarding the facts and how we would defend it. It’s hard for me to tell you how to defend each type of case because I would have to have a fact pattern. A lot of times, especially in family violence cases, it comes down to the cooperation of the complaining witness. Many times, the complaining witness does not wish to cooperate with the state, which sometimes results in the case getting dismissed, sometimes does not. It depends, again, on the history.

## Contact A Galveston County Assault Defense Lawyer

If you have been charged with assault in Texas contact our [assault defense lawyers](/assault-and-battery/) in Galveston County at 409-515-6170 now for a free initial consultation on how we can defend your case.

**Categories:** Criminal Defense Lawyer

---

### [Galveston Defense Attorney Gives Reasons Not To Talk To The Police Without A Lawyer](https://texascriminaljustice.com/galveston-defense-attorney-gives-reasons-not-to-talk-to-the-police-without-a-lawyer/)

**Published:** August 23, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![police interrogation](https://texascriminaljustice.com/wp-content/uploads/2021/08/police-interrogation.jpg "police interrogation")

It would seem to me that this should be obvious enough. You would be surprised how often I get calls from people wanting to be questioned by the police, the police trying to set up an appointment to do so. They call me and say, should I talk to them? The answer is no about 99% of the time, you have the right to remain silent. Almost always, you should exercise that right. Now, to be clear, what we’re talking about here is when you’re a suspect. You need to talk to the police if you’re a victim. You don’t need a lawyer to speak to the police if you’re a victim of a crime. If you find yourself a suspect, then yes, you want to have a lawyer.

## **Suspected Of A Crime**

If you’re a suspect, what they’re trying to do is get evidence against you. I guess it is some people’s instinct to think they can talk themselves out of a situation. When it’s a police matter, let me assure you that you cannot.

Most of the time, all the time in felony cases, it’s not even the officer’s choice to make an arrest or accept charges. The officers have to call the DA office intake desk and tell whoever’s doing intake duty, a felony prosecutor, what happened, what the circumstances are, and then that felony prosecutor will authorize charges, and the officer will effect an arrest.

It’s not like out on the street, the officer gets to decide, you know, I’m going to arrest this guy, but I’m not going to arrest that guy just doesn’t work like that. So you’re not going to be able to talk yourself out of the situation if you find yourself a suspect.

Speaking to the officers is going to do nothing. For one it will allow them to try and dig information out of you. Also, talking to the police is going to lock you down to a story. It’s very difficult to change that story moving forward. You never want to speak to the police.

## **Police Are Allowed To Lie To You**

The police are allowed to lie to you. You’ve probably seen it in the movies, they’ll lie to a suspect and tell them they have DNA or they have hair or some evidence linking to the crime when they don’t have it, and then the person ends up confessing.

It’s a [long-standing tradition upheld by the Supreme Court,](https://supreme.justia.com/cases/federal/us/394/731/) the police can lie to you when they’re questioning you. That’s a tactic that they use. If they’re questioning you and your friend, and they’re telling you that your friend is in the other room, and he’s already said that you did X, Y, and Z, they could be lying to you.

I mean you really shouldn’t even be at that point. You should demand an attorney. I once had a case. This is 100% true. I watched the body cam. The officers wanted to question my client. They have him in the car already. An officer opens the back door and says we want to talk to you, he says get my lawyer down here and I’ll talk to you right now.

Officer says nah, man we just want to talk to you for a second. My client responded, get my lawyer down here. He says if you bring my phone I’ll call him right now. Well, of course, The cops never called me or never let him call me because they didn’t want him to lawyer up. We ended up getting that case dismissed because he had invoked his right to counsel. The police officers tried to ignore it.

## **You Have The Right To Remain Silent**

You have the right to remain silent, and you absolutely should remain silent. Now, that doesn’t mean that you need to be ugly or disrespectful about it. I told you, my client was on a bodycam. So he was calling me by name saying get my lawyer Mark Diaz down here. However, he was very calm. He was rational, he wasn’t being rude. In other words, don’t escalate the situation.

We find this a lot in victim cases, where the suspect is no longer at the scene where the police have been called. The officers will try to call the suspect and try to get them to come in for questioning. Those people call me a lot.

Again, my answer is always the same. Absolutely not, call the officer back, though, and tell them you have spoken to lawyer Mark Diaz, and he said, if you want to interview me, call him. I’ve never gotten that call because the officers don’t want to talk to the lawyer. It’s not going to help their case, I’m not going to let them trap my client.

## **Police Are Well Trained In Interrogation Techniques**

The other reason you never want to talk is that, depending upon the level of officer that you’re dealing with, they have gone to school and received training in questioning suspects. They will intentionally try to trick you up on certain things, depending on which interview technique they’re using.

The problem is, even if you don’t say anything incriminating against yourself, the answers that you give can appear to be deceitful, which then hurts your credibility. All these things are going through the officer’s mind, but you don’t know it.

So you think, you’re giving the right answers that are the answers they want to hear. It’s possible that when we play that back because it’s usually recorded, audio and video of any interviews. When we play that back, a prosecutor is looking at it, they will point to those little tricks, or the stumble-ups to make it appear as though you were being dishonest.

When that was the intent the whole time, to ask you questions to get you confused, to get you fuzzy so that you’re unclear. This, in their mind, translates to unreliability. That’s the other thing that you always need to take into consideration is, your encounter with these officers is likely being recorded. Either on a body cam, an office camera, even if you don’t see it you are likely being recorded.

That’s why I said when you invoke your right to counsel or you let the officers know that you wish to exercise your right to remain silent, that you do it respectfully. If you’re on video, looking like a jerk, then it’s a problem, or it can be. So it’s important to remain respectful and just invoke your right to counsel and tell them you don’t want to answer any questions and talk to your lawyer present.

I’ve been licensed since 1998 and I can’t recall ever having sat in on an interview with my client as a suspect, I can’t think of a situation where that would be a good idea. We have other ways to deal with pending charges, including maybe doing a grand jury presentation.

## **You Are Not Going To Talk Your Way Out Of Trouble**

The problem is the officer who’s interviewing you. Again, if you’ve gotten to that point, we’re probably talking about a felony, it’s not even going to be his decision whether or not to affect charges or get a warrant for your arrest. It’s going to be up to some district attorney to whom the officer gives his report, to then decide whether or not they want to accept charges against you.

Again, a lot of people have this natural response that they think they can easily talk their way out of trouble. You’re not going to be able to, you’re going to talk your way into a charge most of the time. At the very least, you’re going to talk me, as your attorney, into trying to defend whatever story you put out there. Which is not a good position either.

As the defense attorney, I want to be able to control the narrative if we get to court. If you’ve already locked me into a position, then that’s harder for me to do. Just like the officers trying to trick you in interrogation, I’ve spent 20 plus years defending cases. I like to decide on what our defense strategy is going to be, I don’t want you to have locked me into a strategy that I know may not work. Those are all obvious reasons not to talk to the police.

## Call A Galveston County Criminal Defense Lawyer

If you have been charged with a crime or are being investigated for a possible crime in the Galveston County area you need to call an experienced [Galveston criminal defense lawyer](/). Call Mark Diaz at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Defense, don't talk to police

---

### [How Common Are Galveston Shooting Crimes?](https://texascriminaljustice.com/how-common-are-galveston-shooting-crimes/)

**Published:** September 20, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston shootings](https://texascriminaljustice.com/wp-content/uploads/2021/08/Galveston-shootings.jpg "Galveston shootings")While it might seem like an easy process to review crime reports, assess data, and crunch the numbers to determine the frequency of Galveston shooting crimes, getting an accurate picture is somewhat challenging. There are numerous factors that lead to inconsistencies, particularly what constitutes a shooting crime when looking at US statutes versus Texas statutes, and others. However, statistics from the Texas Department of Public Safety and other resources shed some light on shooting crime rates:

- Of the 1,400 murders that occur in Texas every year, more than 80 percent are through the use of a firearm.
- Law enforcement officers make almost 13,000 arrests annually for a wide range of weapons law violations, including shooting crimes.
- The vast majority of arrests are male at more than 10,000 offenders; of the adult men charged with gun crimes, almost half fall in the 25 to 39 year age group.
- Texas ranks third in terms of the number of mass shootings that occurred between 1982 and May 2021. There were 11 such incidents in the state during this time period.

Even if these figures do not provide an exact number on Galveston shooting crimes, [they do tell a story](https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf): Police are increasing their efforts to apprehend offenders, and prosecutors will follow up by aggressively pursuing charges for gun crimes. Retaining a [criminal defense lawyer in Galveston](/) is a priority if you were arrested for this type of charge, and some background information can explain what to expect.

**Introductory Notes on Gun Offenses**

It is important to understand some points and definitions to put shooting crimes into context. At the outset, note that this discussion focuses on how the act of firing a weapon is a crime, instead of what offense might be the end result of shooting it. In other words, the point is that shooting a gun is illegal, regardless of whether you cause property damage, injure, or kill someone – all of which are separate offenses.

Additional notable factors include:

- Almost any act of firing a gun is illegal UNLESS you are at a shooting range, on your own private property, or have permission from another private property owner, or acting lawfully in defense of self or others.
- Gun offenses in Texas generally fall into two categories: Unlawful possession and unlawful use.
- Unlawful use of a firearm may be the act of shooting, but some acts are still illegal even when you do not fire the weapon.
- It is possible to violate Texas gun laws by being in possession of illegal weapons, including certain firearms. However, there are numerous items under the definition of an illegal weapon, such as modified firearms, grenades, rockets, silencers, armor-piercing ammunition, and others.

**Types of Galveston Shooting Crimes**

Taking the specific context of Galveston shooting crimes, Texas has enacted laws regarding the unlawful discharge of a firearm. The statute provides that it is illegal to engage in reckless behavior that endangers the safety of other people, i.e., deadly conduct. Deadly conduct includes any acts that place someone in imminent danger of serious bodily injury, so you could face charges for unlawful discharge of a firearm by:

- Knowingly firing a gun in the direction of one or more individuals; and,
- Knowingly discharging a firearm in the direction of a dwelling, structure, or vehicle with reckless disregard of whether there is someone inside.

Texas also has a statute on [disorderly conduct](/what-are-the-penalties-for-disorderly-conduct-in-texas/) involving a firearm, which may be a shooting OR non-shooting gun crime. It is illegal to fire a gun in a public place in a manner intended to alarm others, sometimes referred to as a “warning” shot where you aim the pistol into the air. The same law prohibits displaying a firearm in a way calculated to cause alarm, a non-shooting offense.

**Non-Shooting Firearms Charges in Texas**

The class of weapons crimes that do not involve shooting is much more expansive to include various types of illegal possession and unlawful acts that are connected to firearms. However, significant changes to the law with regards to firearm possession go into effect in Texas on September 1, 2021. Despite the recent changes in the law, alleged offenses committed before this date may still be prosecuted under the previous law. Therefore, it is still important to understand the nature of the prior law. Below are brief explanations of possession related gun offenses as it existed prior to September 1, 2021.

***Unlawful Carry***

Aside from when you are on your own property, at premises under your control, or when on your way to a vehicle, it is illegal to have a firearm on your person. Unlawful carry of a weapon (UCW) is also a crime:

- If you carry in plain view without the proper license;
- When you are engaged in criminal activity other than a Class C Misdemeanor directly related to violation of a traffic or boating law; or,
- If you are a member of a street gang as designated by law.

***Unlawful Carry Based Upon Status***

In addition, it is illegal to carry a gun if you are prohibited by law from doing so, and it is this aspect of the law that often leads to charges. Together, federal and Texas statutes impose a bar on possessing a firearm if you were convicted of a felony or certain domestic violence misdemeanors; individuals subject to court orders on domestic violence or mental issues could also face UCW charges for carrying a firearm. However, state law does allow a person who has been charged with a felony to possess a gun at home once five years have passed since serving the sentence.

***Illegal Carrying in Certain Locations***

It is a crime to have a firearm on your person in:

- A school or educational institution, including the surrounding grounds and structures where school-related activities take place;
- A polling place;
- Courthouses and offices utilized by the Texas court system;
- A racetrack;
- The secured areas of an airport; and,
- Areas where executions take place.

***Trespassing with a Firearm***

Property owners have the right to post signs that guns are not allowed on the premises, such as stores, offices, restaurants, and other spaces. Regardless of whether you have the proper license, or are open or concealed carrying, it is illegal to defy the signage. However, the offense is not a gun offense; the charges would be for trespassing.

**Penalties for Galveston Gun Crimes**

Many non-shooting firearms offenses are designated as a Class A Misdemeanor, punishable by up to one year in jail, a $4,000 fine, or both. Other gun crimes, including offenses that involve firing the weapon, are charged as felonies. Plus, under certain circumstances, you could be subject to felony punishment, even when the offense is designated as a Class A Misdemeanor.

Texas law provides for enhanced penalties when a gun crime occurs in a weapon-free school zone, bumping up the punitive outcomes. A judge could sentence you to the penalties for a State Jail Felony, which includes 180 days to two years in jail and a maximum fine of $10,000.

For other shooting and non-shooting gun offenses that are classified as felonies, the punishment may be:

- A conviction for a Third Degree Felony could lead to a minimum sentence of two years in prison, though a judge could order up to 10 years’ incarceration. You may also be ordered to pay a fine of $10,000.
- For a Second Degree Felony conviction, there is also a mandatory minimum of two years’ imprisonment, and the maximum prison term is 20 years.

Aside from the penalties imposed by the court, there are many other ramifications that impact your life after completing your sentence. These effects are termed collateral consequences because they are separate from the criminal case, but they do impose limitations. A misdemeanor or felony conviction will remain part of your criminal record, so it will be uncovered in a background search. Under certain circumstances, you may have a duty to disclose a criminal conviction. Collateral consequences can be extensive in terms of scope and duration. For instance:

- You could have problems with employment.
- A conviction could lead to a revocation of a business or professional license.
- You may have difficulties finding housing.
- If you caused property damage or injuries through a violation of Texas gun laws, you open yourself to a civil lawsuit for monetary damages.

**What to do About Gun Crimes Charges in Texas**

Being arrested for any offense is overwhelming and confusing, which is why you should make it a priority to contact an experienced criminal defense attorney right away. Your lawyer will protect your rights throughout the criminal process and will work to establish a solid strategy for fighting the charges. Initially, your goal will be to expose weaknesses in the prosecutor’s case, keeping in mind that the government must prove guilt beyond a reasonable doubt.

Other potential defenses may include:

- Lack of knowledge or intent, where a defendant’s state of mind is an essential element of a weapons offense
- Self-defense, defense of property, or defense of others
- Evidence was illegally obtained in violation of your constitutional right against unlawful search and seizure
- Mistake or accident

Discuss Your Options with a Criminal Defense Lawyer in Galveston, TX

This overview might be helpful in describing common Galveston gun crimes and rates, but you will need skilled legal counsel to assist if you are facing charges. To learn more about your rights and defense options, please contact Mark Diaz, Criminal Defense Attorney. Our team serves clients throughout Galveston County and Greater Houston in a wide range of criminal matters, including weapons charges. You can call (409) 515-6170 to [set up a complimentary appointment](/landing-form/) with a Galveston criminal defense lawyer

**Categories:** Criminal Defense Lawyer

**Tags:** shooting crimes

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### [How Street Racing Can End in Serious Charges](https://texascriminaljustice.com/how-street-racing-can-end-in-serious-charges/)

**Published:** September 30, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![How Street Racing Can End in Serious Charges](https://texascriminaljustice.com/wp-content/uploads/2021/08/Diaz_How-Street-Racing-Can-End-in-Serious-Charges.jpg "How Street Racing Can End in Serious Charges")There can be no doubt that Hollywood has attracted many to the need for speed through action-packed films that end with a victory lap and trophy for the winner. However, street racing is a crime in Texas, and it is one that police are cracking down on as the popularity of this dangerous activity increases.

Many people operate under the misconception that violations of Texas traffic laws will lead to a traffic ticket, possibly resulting in fines, points on your driving record, and/or surcharges. While street racing is certainly such a violation, you might be stunned to learn that it is a serious crime with harsh penalties. Plus, the enactment of a new law on drag racing in Texas means police will be cracking down on enforcement.

Once you realize the full extent of the criminal penalties and other implications, it is smart to consult with a [criminal defense lawyer in Galveston](/) if you have been charged with street racing. By getting an attorney involved as early as possible in your case, you can take advantage of defense strategies at each stage along the way. It may also be helpful to read an overview of [how street racing can end in serious charges](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.420), criminal sanctions, and related consequences.

## Basics of the Texas “Racing on Highway” Law

Knowing that street racing is a crime, you might expect that the state statute on drag racing would fall under the criminal provisions. However, the law is covered in sections on transportation matters, and it is entitled “Racing on Highway.” Some key points to note about the law include:

- It is a violation of the law to participate in a race, speed contest, acceleration competition, test of a driver’s endurance, or vehicle speed record event.
- There are important definitions to note on racing and drag racing. These concepts generally involve competitions to outdo each other in terms of speed, endurance, rate of acceleration, or other measurements.
- The statute allows local governments and municipalities to enact regulations on street racing, so spectators can face fines and other punishment.
- Due to the nature of drag racing, someone charged with violating the law will probably face numerous associated counts within the same case. Speeding, evading an officer, and resisting arrest are a few examples.

### Penalties for a Street Racing Conviction in Texas

A first-time offender who is arrested for violating drag racing laws faces Class B Misdemeanor charges. If convicted, you could be sentenced to a maximum of 180 days in jail and a $2,000 fine. As with other criminal offenses in Texas, street racing charges increase in severity under certain circumstances.

***Class A Misdemeanor:*** If this is your second offense for the same street racing charge, or if this is your first offense and you were operating the vehicle while intoxicated (or if you simply had an open container in the vehicle), you could face charges for a Class A Misdemeanor. A conviction could mean up to one year in jail and a maximum fine of $4,000.

***State Jail Felony:*** IF this is your third offense for street racing, then you could be charged with a State-Jail Felony. State Jail Felonies are punishable by a minimum of 180 days and up to 2 years in a State Jail, which is part of the Institutional Division of the Texas Department of Criminal Justice (“TDCJ”) and a fine up to $10,000.

***Third Degree Felony:*** Drag racing is elevated if someone suffers bodily injury. Regardless of whether the victim is a driver, bystander, or occupant, if you’re arrested for this and someone gets hurt in the process, you could be charged with a Third-Degree Felony. For this level offense, the penalty range is anywhere from 2 to 10 years in prison (also known as TDCJ) and a possible fine up to $10,000.

***Second Degree Felony:*** When a street racing incident leads to serious bodily injury to another person, you could be arrested for a Second-Degree Felony. The punishment range for this is no less than 2 years in TDCJ, but no more than 20 years, and a possible fine not to exceed $10,000.

***Other Street Racing Charges:*** As mentioned, drag racing involves factors that often lead to additional charges. Police and prosecutors may charge someone with reckless driving, speeding, evading a police officer, DWI (or Driving While Intoxicated), Disorderly Conduct, and/or other related offenses in connection with the incident.

### Impact of Texas New Street Racing Law

Legislators seeking additional action against drag racing recently passed a bill that provides enhanced penalties for convictions, and even a mere arrest can result in sanctions. Texas law has always allowed law enforcement to seize vehicles when they are considered an instrument of criminal activity. Usually, seizures are linked to drug cases, theft crimes, human trafficking cases, and DWI offenders with multiple convictions.

The new statute allows law enforcement to seize the vehicle from alleged street racers if there was any property damage or personal injury that occurred during the crime.

In some situations, police may even be able to seize the vehicle after the mere arrest, instead of after a conviction and after a person has either plead guilty or they were found guilty beyond a reasonable doubt. This is a key point because of two different standards: A prosecutor needs proof beyond a reasonable doubt to convict, which is a very high legal burden. Conversely, for an arrest, law enforcement only needs probable cause that criminal activity is present – a much lower burden of proof than beyond a reasonable doubt.

### Collateral Consequences of Drag Racing

The penalties for a criminal conviction are severe, but there are also non-criminal implications that you could encounter long after you serve your sentence. For one, keep in mind that street racing may not be limited to criminal charges. If you cause property damage, injuries, or death, the affected parties may go after you in civil court and by way of a civil lawsuit for monetary damages. Plus, your driver’s license will be subject to suspension if convicted of racing on Texas highways, impacting your personal freedoms and possibly your employment.

However, there are additional collateral consequences that result when you have a conviction for a misdemeanor or felony in your criminal record. The arrest and conviction will likely show up in a background check, and you might be required to disclose convictions in certain situations. For instance:

- You might face challenges with employment when you have a criminal conviction, but there can be immediate ramifications for your job if you cannot drive because of a suspension of your license.
- Criminal activity can lead to a revocation of any business or professional license you may hold.
- When you have been convicted of a felony or certain misdemeanors, you become ineligible to legally possess a firearm in Texas.
- You may not be able to vote in elections unless and until your rights are restored, specifically if you are convicted of a felony offense.
- There can be hurdles with obtaining a mortgage, auto loan, credit card, or other lines of credit.
- You could encounter issues with housing and education opportunities.

### How the Police are Responding More Aggressively

Police departments are cracking down on street racing, the new legislation makes that clear. For example, officers are deploying unmarked police cars to infiltrate potential street races, which are generally and by nature kept quiet, in an attempt to deter the act of street racing. Other efforts to make street racing arrests and deter the crime by law enforcement include the installation of cameras in areas known for street racing in the past, constructing speed bumps, implementing street closures, and even the use of drones to deter the illegal activity.

### What to do if Arrested for Street Racing in Texas

In an encounter with the police, your first priority should be exercising your constitutional rights. If police detain you, ask questions, or want additional information, you have the right to remain silent. Do not provide answers, offer details, or try to profess your innocence. Your statements can and likely will be used in court against you, and you might inadvertently make admissions that harm your interests.

Another constitutional right to exercise immediately is consulting with a criminal defense attorney. Your lawyer will develop a strategy for fighting street racing charges, which means you need to retain a lawyer who can best leverage defense opportunities at different stages of the criminal process. You will need solid advice and counsel for:

- Your arraignment or initial appearance, during which you will hear the official charges and enter a plea.
- Addressing issues related to bond, so you can be released pending your trial date.
- Conducting investigations and collecting evidence that favors your position.
- Filing motions to advance your interests, such as motions to exclude or compel evidence.
- Requesting that the court suppress certain evidence against you if it was obtained through unlawful search or seizure of law enforcement.
- Handling discovery, court appearances, and negotiations with the State.
- Representing you at a trial for street racing, which involves contesting the prosecutor’s allegations and presenting information to support your defense.

### Count on a Galveston Criminal Defense Lawyer to Protect Your Rights

As you can see, the implications of a conviction for street racing are harsh. To ensure your rights are protected throughout the criminal process, retaining experienced legal representation is critical. For more information, please [contact Mark Diaz & Associates](/landing-form/), Criminal Defense Attorney, to set up a free case evaluation. You can reach our firm by calling (409) 515-6170. Our [Galveston criminal defense attorneys](/landing-form/) serve clients throughout Galveston County and Greater Houston, so we are prepared to take on the legal challenges.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal Defense Lawyer

**Tags:** street racing

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### [What Is The Difference Between Murder And Manslaughter?](https://texascriminaljustice.com/what-is-the-difference-between-murder-and-manslaughter/)

**Published:** August 31, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![crime scene do not cross](https://texascriminaljustice.com/wp-content/uploads/2021/08/crime-scene-do-not-cross.jpg "crime scene do not cross")

**Murder vs. Manslaughter**The simplest way to explain that is, one deals with intentional conduct, and one is not necessarily intentional, but more likely reckless. So murder, generally speaking, is when a person intentionally or knowingly causes the death of another person.

**Different Types Of Murder**

If you intended to commit serious bodily injury to someone but it resulted in death, that can also be charged as murder. Then we have felony murder, which means during the commission of another felony, you ended up killing somebody.

A good example of that would be, the accused breaks into someone else’s apartment to rob them. The accused then kills the tenant in the apartment to effectuate the rest of the robbery. That would be felony murder.

Then we have capital murder, [capital murder is distinguishable because that’s where the state can seek the death penalty](https://en.wikipedia.org/wiki/Capital_punishment_in_Texas). If they do not seek the death penalty, then you could get capital life, which means life without parole. There are various ways to be charged with capital murder.

In addition to felony murder, it can be multiple kills. I have tried capital murder in that situation. My client went into an establishment with the intent to kill someone, and he did. Then when he was trying to leave the establishment, another citizen tried to apprehend him, they got into a tussle, and my client shot him, and he died as well. My client was charged with capital murder because it was two people in the same criminal episode. He got life without the possibility of parole.

**Manslaughter**

Now we have manslaughter. A lot of people who are charged with murder wish to have their case reduced to manslaughter because while regular murder is a first-degree felony, meaning a minimum of five years, a maximum of 99 years or life, and a fine not to exceed $10,000.

You are not eligible for probation for the offense of murder, per statute. Lots of people charged with murder would love to have their case reduced to manslaughter because it’s a second-degree felony, which carries a range of punishment of two to 20 years.

The problem is, to get manslaughter you would have to have conducted yourself in a reckless manner resulting in the death of another person. There are a lot of ways that you could do reckless things that would result in the demise of another person, firing a weapon in a metropolitan area, or at the beach without aiming at someone, but you end up hitting someone in the head and killing them.

You had no intent, but it was clearly reckless conduct. So that would be manslaughter. In the capital trial that I mentioned with the two deaths, I attempted to argue to the jury that the second shooting was not intentional, and just happened when they were rolling around on the ground. Since he didn’t know that person, he couldn’t have had any intent to kill him.

The jury did not believe that. It’s just an example of when we’re on trial on these cases, as defense attorneys, we will try to find a way to argue something to get a lesser included jury instruction so that a jury can find you guilty of a lesser offense than murder.

We do that in lots of trials, if a lesser included offense is available, we would try to get that to the jury so that we could get a lesser sentence. If you were facing life and got a two to 20-year sentence, that’s a win.

When we get to manslaughter, it can get more complicated because there is intoxication manslaughter. I would save that for another discussion and probably invite Thomas in because he has a lot of extensive training in dealing with the complications of a DWI.

Intoxication, though, if you think about it, kind of follows with manslaughter, meaning, reckless conduct. There was no intent. Most people who get a DWI do not intend to commit a crime. It’s not a specific intent crime. Neither is manslaughter.

The intent is irrelevant. In a manslaughter case what is relevant is the conduct, or your actions, and were they so reckless that they lead to the death of another person. Another way we see manslaughter charged is also vehicle cases, but not involving intoxication.

We see this a lot in Galveston, car clubs will come to the island. Many of them will drive extremely recklessly, either on the way here or once they get here. This usually happens with more of the performance vehicles when they have clubmates. They’ll come weaving in and out of traffic.

They’re all together, traveling at a high rate of speed. I’m not talking about racing, because that’s another distinguishable offense that we can do on another day. We have at least two racing cases pending here in the office right now. They didn’t result in injury to anyone. So we don’t have that issue.

If you had a specific question about what conduct would be manslaughter or murder, I could obviously get into that with you if you want to email me. However, it’s hard without the fact scenario. It’s hard for me to tell you the difference other than, you know, murder is intentional, while manslaughter is born from reckless conduct.

It is not typically easy to get a murder reduced to manslaughter since the murder is going to allege intentional conduct. If it alleges intentional conduct, unless it’s a very odd fact scenario, it’s hard to argue that it was reckless. So while they are related in that they resulted in the death of a person, they are vastly different in application and in trying to get a reduction from murder to manslaughter.

**Reach Out To Our Galveston Criminal Defense Lawyers**

Mark Diaz is an experienced Galveston County criminal defense lawyer. If you have been charged with a serious crime like manslaughter, homicide, or any other crime call Mark at (409) 515-6170 or [reach him via this contact form.](/landing-form/)

**Categories:** Homicide

**Tags:** manslaughter, murder

---

### [The Status of The Galveston Courthouse After The July 10th Fire](https://texascriminaljustice.com/the-status-of-the-galveston-courthouse-after-the-july-10th-fire/)

**Published:** September 9, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston County Courthouse](https://texascriminaljustice.com/wp-content/uploads/2021/09/Galveston-County-Courthouse.jpg "Galveston County Courthouse")

## Galveston Courthouse Fire

Every day, we get calls from clients about whether or not they have to appear. The answer is different for every court. Most of you know by now, that back on July 10th, there was a fire in the [Galveston courthouse](http://www.galvestoncountytx.gov/) on the third floor. It’s rumored to have started from a coffee pot on someone’s desk.

Now from the pictures I saw, the fire didn’t do all that much damage. However, the sprinkler system ran for a very long time, to the point that the water damaged the third floor, second floor, and parcel. When I say damaged, I mean, we had to rip out all the carpet, a bunch of wood was destroyed, walls that had to be repainted, some major restoration going on.

On the first floor, you had Billy Williams court, Child Support court, the jury assembly room, and more importantly, you had the DA’s office. All of which have been gutted and prepared for restoration after all that damage. As a result, the only floor we have that was not damaged beyond use was the fourth floor, which means that there are four courtrooms available for all the judges to share. They’ve worked out a system where they rotate time inside each courtroom.

There are some courts, that in order to try and move their docket a little better have now started having afternoon dockets, starting at 1:30. To help move things along until the damage is repaired. I don’t have a good date to tell you when that’s going to be, I had a judge recently tell me that she plans on picking juries in October. So, it should be done sometime in September, I suppose if at least one court is going to start jury trials again.

The question we get every day is do I have to come to court? The answer is not the same for everyone. As some of you know, I have clients that know each other. So, a client will call and ask if they have to be in court the next day, and I’ll tell them no. Two days later another client will call and ask the same question but I say yes.

They will say well you didn’t make John Doe appear in court the other day. It’s not up to me. It’s the individual courts that have different policies. Some courts don’t make anyone appear. Some courts make drug testers appear but not necessarily everyone. There’s another court that doesn’t make anyone appear unless they have to. What I’m saying is that there is no uniform practice in the courthouse.

## How The Delta Variant Is Affecting The Galveston Courthouse

That kind of brings up another problem that we have going on right now, which is that COVID, as you all know, is now on the rise again. I think last Friday was Galveston County’s biggest number of reported cases. With 452 new cases in one day. That’s the biggest number we’ve ever had in a day. Today it was 269 new cases.

When we first had COVID in 2020, it was determined to be unsafe to have that many people in a room. They say now, that the delta variant spreads more easily than the previous COVID that we had going around. The issue is, we don’t know yet what the health department is going to say about congregating in groups again, while COVID continues to grow the way it is.

I don’t have any way to know if jury trials will resume in October. Now, as I said, I had one judge tell me that she plans on picking four panels in October. I guess October is far enough away that we don’t know where the COVID numbers will be by then. I don’t know what the health district is going to say about people congregating in the jury room.

## Mask Mandates In Galveston Courthouse

The other issue that seems to be coming back around, is whether or not you have to wear a mask. That’s another area where we don’t have uniform policies in the county. I guess you could say, because of the governor’s position, they cannot mandate masks in the courthouse. In the entry, in the hallways, etc.

However, individual judges do have the ability to mandate masks in their courtroom. So, we have some courtrooms that do have a mask mandate. We have some that don’t. I don’t know what that will look like if we start to pick juries again in October. Before this fire, we were picking juries in the jury assembly room, and the jurors were kept six feet apart, and everyone needed to wear a mask in the jury assembly room.

That made picking a jury hard, which I think I’ve talked about before. It is unclear now, whether the governor’s new position that no one can have a mask mandate, would mean that the potential jurors in the jury room would now have to wear a mask or not. I think it could be interpreted that they would not have to if they did not want to. However once in a judge’s courtroom, the judge can mandate.

## Will Trials In Galveston County Resume Soon?

So I don’t know what it’s going to look like once the courthouse is repaired. I know we have at least one judge who is going to do everything she can to resume jury trials in October. I guess the only way that could stop would be if the Galveston County Health District issues mandates regarding safety, we’ll have to wait and see.

For those of you that are current clients, you’re just going to have to continue to call. If you have your email address on file with me, you have access to my [system and you can check on your court date](/self-representation-and-the-dated-systems-in-galveston-county/). We try to update you on whether or not you have to appear.

Since things have been changing so rapidly, I have Karina calling, typically starting the week before to tell everyone for next week who does and who does not have to appear. In some courts, no one has to appear unless you need to talk to the judge, unless you physically need to be in front of the judge, you don’t have to appear. I can take care of it for you.

On at least three occasions we have had policies change. In those cases, we give you a call and inform you that you need to be there in person. Then the court makes the change about who has to be there. So now you don’t have to be there. People get upset when they find out they didn’t have to be there and we told them they did have to be there. It’s not because we don’t know what’s going on, it’s because things change, according to the availability of courtrooms in the courthouse on any given day.

Again, recently, in one court, we got a notice on Friday, that Monday’s docket was going to be at 1:30 in the afternoon, and our clients needed to be there. So, we needed to call them all and tell them. I know it makes it difficult for you to take off work or tell your boss you need time off in the morning, and it turns out that you need to leave the office at 1:00 to make it to court at 1:30. It’s not fun for us either.

I don’t make the rules. If the judge tells me you have to be there and changes the time, there is nothing I can do about it. Now, most judges are understanding. If it was a situation where you were going to get fired, the judge would likely let me appear and get you another date later in the week, just to make sure that you do appear.

What I’m saying is some people get frustrated with everything that’s going on. We have very little control over the dockets and who has to appear. Once the building restoration is finished, and all goes back to normal, we will know which courts will make you appear, and which courts won’t. Some of that will be related to COVID numbers and whatnot because some courts treat it differently than others. However, it will get back to being a more stable environment.

## Why Are Cases Being Delayed

Another issue that a lot of clients have is they feel like nothing’s going on. In some cases, that is not true, but there is some truth to it in others. It’s not because nothing is going on. It’s because the DA’s office was gutted due to the flooding, and so they have to rebuild the office, which means prosecutors have nowhere to work.

If there is a meeting that needs to happen to look at a video, it can’t be done in the office right now, because there’s no meeting place. If prosecutors need to meet with a witness in person to discuss a case, in particular, it can be difficult as there’s nowhere for them to meet.

As I understand it, with the computer system that they use for their work, their desktop has to be on and connected for them to access the system remotely from home. Since the office has been gutted, that means their desktop computers are not connected. So they can’t get to their online system to be able to get in and look at a case and look at notes. That’s not to say none of the prosecutors are working, it’s just that what they’re having to do is come physically get files, take them home, and do it all the old-fashioned way.

They are doing that, but they’re not taking hundreds of cases home at a time. It’s just not realistic. They’re taking the cases that are coming up on the docket. On some bonded cases, things are going to slow down because there’s not necessarily a sense of urgency for them, depending upon which court your case happens to be pending in. Deadlines aren’t coming up, and they put that case on the back burner. If a deadline is not coming up on your case, they’re more worried about the cases ahead of yours that do have deadlines coming up.

It’s frustrating for us too, because there are things I’m waiting for so that I can proceed forward on your cases, and I can’t do anything until they get it to me. I understand it, if my building caught on fire, and I had all this damage, I would be in the same situation.

That’s the status of the courthouse, it should open up soon and be repaired. However, we may have another, not necessarily shut down, but slow down in the jury trial process because of the rise in COVID numbers. We are all waiting to see what the Health District does about that. That will be Dr. kaisers decision.

In the past, the presiding judge communicates with Dr. Kaiser to see what the best practices are for having people congregate in the courthouse, dockets, the number of people that can be in a courtroom, those types of things. We will have to wait and see how this goes, but we will keep all of our clients updated moving forward.

If you have been charged with a crime in Galveston County call [Galveston criminal defense lawyer](/), Mark Diaz at (409) 515-6170 for a free consultation today

**Categories:** Local Events

**Tags:** Galveston courthouse

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### [Galveston Criminal Attorney Discusses Court Appointed VS. Retained Counsel](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-court-appointed-vs-retained-counsel/)

**Published:** September 14, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Court appointed attorney](https://texascriminaljustice.com/wp-content/uploads/2021/09/Court-appointed-attorney.jpg "Court appointed attorney")

## What is the difference between a court-appointed vs a private attorney?

I recently had an email exchange with a woman who wanted to retain new counsel for her husband, which brings up a discussion about court-appointed counsel versus retained counsel. We get a lot of people who have court-appointed attorneys themselves and want to know if they should hire us. The answer is not always the same.

The email exchange I had with this woman last week was interesting to me because her significant other, who was incarcerated on some very serious charges and charged as a habitual, meaning he was facing 25 to life, had been appointed an attorney by the court.

### Qualifications For Court-Appointed Attorneys

Here in Galveston County, there are qualifications that you have to meet as an attorney before being able to accept certain cases. You have to meet certain criteria to be able to accept the highest level of cases. That means that this attorney that had been appointed, met those qualifications and was qualified to handle the case.

Her issue was that she had hired an attorney, and did not feel like that attorney was keeping her informed, and didn’t feel like the attorney was being honest with her, and so on. She goes on to say that she had already paid him $500. This was a red flag, we’re talking about a habitual offender. This guy had a fairly lengthy criminal history. We’re talking a defense of $10,000, maybe more.

For her to think that she could give an attorney $500 to perform some kind of miracle, that was just unfortunate. Even the person that she was calling for, with his criminal history, should have known that you’re not going to get the type of representation that you need from a $500 lawyer. It’s possible that they got rid of a much better, court-appointed lawyer, thinking well if we pay someone the results will be better.

We oftentimes get calls from family members, or sometimes from the accused themselves, who have a court-appointed attorney. When I look it up, if they have a good attorney, I tell them. There’s no point in trying to take someone’s money just to take their money. If they have a good lawyer, I tell them they have a good lawyer, and then I ask what the issue is.

Sometimes personalities just don’t mix and two people aren’t a good match. If you have a court-appointed attorney, and you have concerns about your case, you ought to be able to go sit down in that attorney’s office and have a discussion with him or her about your case, so that you feel comfortable.

### Retaining A Private Attorney

If you can’t do that, then maybe you should retain outside counsel, if you can afford it. My office is right across the street from the [state courthouse](https://www.galvestoncountytx.gov/our-county/district-court-administration-office). If we’re not in the court, we’re here, which generally means there is always an attorney in my building who is willing to speak to you about your case.

We keep all our information in a case management system. We keep all our notes, all the evidence, everything so that every lawyer in my office can address any concerns you have about your case. What we try to make ourselves always, is available to our clients. You have to have accessibility no matter what lawyer you have, court-appointed, or retained.

Every lawyer in my office, including myself, used to do court appointments. None of us do now, but when we did, it was the same situation. My court-appointed clients are welcome to come in and discuss their cases anytime they want, just like my retainer clients are. The question is, I have a court-appointed attorney, should I replace them just because they’re court-appointed?

The answer is no, if you’re comfortable with the attorney that you have, just because you’re not paying them doesn’t mean that he or she is not a good attorney. There are lots of reasons to do appointments. There are a lot of good attorneys in Galveston county that do take court appointments.

There are also some attorneys that take court appointments that I wouldn’t recommend, but every person is different. It all depends on your interpersonal interaction with your attorney. If the attorney is accessible to you and you think they’re doing a good job, there’s no reason to go find a new attorney.

When you have court-appointed counsel, that means you didn’t get to pick your counsel. Oftentimes the relationship starts with trust issues, right? As the accused, you didn’t get to pick your lawyer, this person was just assigned to you. It’s hard for the accused to have confidence in that person initially, because of the way the relationship started.

People think that just because the attorney was court-appointed, they won’t do anything for you. I’m sure some attorneys do appointments, that don’t work much on their cases. If you find yourself in that situation, you just need to try and communicate with the attorney as much as possible to see if you can have a relationship moving forward. If not, then maybe you do need to look into retaining somebody.

If you’re going to retain someone, carefully vet the person that you’re going to retain. It shouldn’t be about finding the cheapest option. You’re going to forge a relationship with someone. The outcome of your case can have an impact on you for the rest of your life. If it’s a felony case, your liberties are at stake.

We could be talking about many years in prison, we could talk about the collateral consequences of the conviction, everything that could happen in a criminal case could impact you for the rest of your life. So when you hire an attorney, you want to hire an attorney that you feel confident in, and that you feel you can discuss all your issues with.

## How should one go about hiring an attorney?

I think if it was me, I would treat it like anything else. I would go and visit a couple of attorneys in their office and see what they have to say, see what they’re about, and see who makes me feel the most comfortable. Do they have an office? If an attorney wants to meet me at a restaurant, that’s a red flag.

Do they not have an office? These types of things. If they do have an office, is there a support staff? I just want to know all these things, I want to see it for myself. Some people’s personalities just don’t mix. It’s not good for these people to try and work together. When you’re trying to find an attorney, or you have a court-appointed attorney, and you don’t know whether or not you should keep them, you need to talk to that attorney and see if it will be a good fit.

If you have been charged with a serious crime don’t risk your freedom. Call our experienced [Galveston County criminal defense lawyers](/) at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** court appointed, retained counsel

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### [Galveston Federal Criminal Attorney Discusses Federal and State Criminal Court](https://texascriminaljustice.com/galveston-federal-criminal-attorney-discusses-federal-and-state-criminal-court/)

**Published:** September 22, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Federal court](https://texascriminaljustice.com/wp-content/uploads/2021/09/Federal-court.jpg "Federal court")

## The Difference Between Federal Versus State Criminal Defense

Generally speaking, federal court and state court are just two completely different animals. Federal Court is very formal, very structured, and has specific rules to be followed. The calendar is established from the beginning. Charges are usually not fresh in federal court.

Most federal drug cases are the result of months, sometimes years of investigation, collecting evidence before they decide to finally put an end to someone’s criminal enterprise. Some people get caught at the border checkpoint, sometimes with human cargo, sometimes with drugs, and the feds were not watching them. It was just a lucky grab. Even in those situations, before that person is formally charged in federal court, there is an extensive investigation.

99% of the time, when I take on a federal case, the entire case, meaning discovery, police report, etc. everything is already done. I’m not waiting for anything. That’s in federal court. Once you are arrested in federal court, you’re very quickly brought in front of a magistrate to determine counsel status. Meaning, can you hire an attorney, are you asking for the public defender, or in multi-defendant cases, are you asking for the CJA panel attorney to be appointed?

### Council Determination and Detention Hearing

Once the council determination is made, they will also very quickly set you for a detention hearing. In federal court, that is your one shot at being released on bond, so to speak. Bond is also different in federal court, and that often does not involve money, just a signature. There will be a bond amount, let’s say $20,000. You have to sign a document saying that you understand that you’re responsible for $20,000, and the reason the federal government does it that way is that if you decide to run, that federal judgment can haunt you forever, and they’ll get their money if it comes to that. Not a lot of people run on federal cases.

Once you have had your detention hearing, and this is true, whether or not you get bond, a trial schedule is set in your case. All the dates and deadlines are given to you upfront. Depending upon which federal court you’re in, you may be able to get some continuances from that. There are some courts where you cannot, although I guess COVID has changed that. Part of the reason for the quick schedule in the scheduling order is not just the speedy trial act, but it’s because as I’ve told you, in most of these cases, all the discoveries are ready as soon as you’re taken to court, so your attorney gets all the evidence against you, immediately.

### State Court

In a state court, if you get arrested, you’ll get bond, then you’ll get an assigned court date. It’s not uncommon for us to go to the first court date, and not have anything, not even a police report. It’s not uncommon to wait months for videos, it’s not uncommon to wait months and months for lab results. These types of things don’t happen in federal court, it’s all done before you ever get to court. If you’re in jail in state court, at some point, you can have a Bond Reduction hearing if your bond is too high. You can file a writ of habeas corpus seeking a bond reduction, sometimes you can have more than one bite at the apple, depending upon the judge that you’re in front of.

Realistically now, especially with COVID, and the backlog of cases, you could end up in state court with cases being reset for a year, before it ever gets put on a trial docket. Some judges like to move their docket sooner than that. With big trial dockets, it can keep getting reset, because there are so many cases set for trial that you just don’t get reached. The federal system moves much more efficiently than that. Part of that is because you’re not having to seek resets for months and months waiting on evidence to come in.

With the state court, you can reset a case, and reset a case, and then eventually, you’ll have to go on the trial docket and get reached. Some of that time can be waiting for evidence. So in addition to the big differences in cases, because if you get stopped with less than a gram, that’s not going to be a federal case. The feds want big cases involving lots of drugs. So those investigations take a much longer time.

### Federal Court

Oftentimes in federal court, what we’re dealing with are cases that are much more complex than a simple state case for possession of less than a gram. In federal cases, many times the drug cases involve drugs coming from across the border and going to various points in the United States. The government tracks the money coming back from various points in the United States, back across the border. There will be a lot of surveillance, a lot of wiretaps, cell phone conversations, just a lot of evidence to go through.

Federal Court is also much more formal. It’s sort of more like what you see on TV. After you get your detention hearing, the very next step is to arraign you, meaning have you enter a formal plea of not guilty. Then after you’ve entered your plea of not guilty, that’s when you’re given your trial schedule. The courtroom itself is much more formal. Before the federal court starts, you’ll be sitting in the courtroom. All of the sudden at some point you’ll hear a loud knock on a back door. Usually three knocks. Some judges instruct the person knocking, to make sure that they knock extremely loud. When you hear that knock, that means the judge is coming through that door and everyone needs to stand up. The judge comes in, is announced, the judge will give everyone permission to be seated, and then start calling cases.

Everything in federal court is on the record. If the judge calls a case, they will ask for counsel for each side, to introduce themselves for the record. Starting with the government. So, whoever the AUSA is handling the matter for the United States will state their name on the record. Then whoever the defense attorney is, will speak after. Then the proceedings will start, the judge dictates who talks when they talk, and so on. It’s very formal, but it’s also very nice because it is professional, most federal judges treat all parties very fairly, and very respectfully, there’s not usually a lot of fighting. Fighting as in the verbal exchange between the government and the defense attorney, the way that we sometimes do in state court. That’s because of the atmosphere, the need for professionalism, and you certainly don’t want to get dressed down by a federal judge.

So, we all try to maintain our decorum in the federal courtrooms, to that end. That’s not to say that we act like idiots in state court. I’ll give a good example, in state court on any given day, (pre covid) you could have 30 cases on a docket. Some judges will put two or three cases in the same time slot, and then decide which order to take the cases when they get there and read through what’s on the docket for the day. I’ve never had a case where there are 30 different defendants in a federal courtroom. There’s a small exception to that as I’m involved in a federal case right now with over 100 defendants. Very early on in that case, the judge required all attorneys and all defendants to be present in the courtroom. The judge has a very large courtroom, so it wasn’t crowded. That’s the most I’ve ever seen in a federal courtroom. Again, that was because it’s a case involving over 100 defendants, but generally speaking, when you have a time for federal court, you’re going to get that time.

In a state court, your court may start at 8:30, and you might not get out of there until 10:30. That generally doesn’t happen in federal court. I can’t think of a time that I’ve ever waited more than about 30 minutes past the set time, in a federal court. Of course, there have been cases where we’ll have multiple defendants being sentenced at the same time, so maybe I’m not speaking for the entire 30 minutes, but it is my case, it’s just not my defendant’s turn yet. That’s kind of a different situation, though. What I meant was in state court, cases are being handled individually. Depending upon what’s going on that day, you may have to listen to someone’s bond hearing, you may have any number of things come up that keep you in state court for a couple of hours that morning. That doesn’t happen in federal court.

## **Bonus Question- Can You Record Someone Without Telling Them And Then Use That In Court?**

The simple answer is yes. In Texas, to record requires the consent of at least one of the parties and you as the recorder, give yourself consent to record. That allows you to record someone without telling them that you’re recording them. The question was, can I record them in my house, and then use that in court? I’m going to jump out on a limb here and say that’s probably some type of Family Law litigation that I don’t do, but the recording law is the recording law. Generally speaking, yes, you can record someone without their permission, because only one party’s permission is needed and you as the recorder, permit yourself.

## Federal Criminal Defense Attorney In Galveston

[Federal criminal defense attorney](/federal-criminal-defense/) Mark Diaz in Galveston County has many years of experience defending criminal cases in both state and [Federal court](https://www.txs.uscourts.gov/offices/galveston-division). Call (409) 515-6170 for a free initial consultation.

**Categories:** Criminal Defense Lawyer

**Tags:** Galveston Federal courthouse

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### [Galveston Criminal Attorney Discusses Do's and Don'ts Under a Restraining Order](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-dos-and-donts-under-a-restraining-order/)

**Published:** September 28, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![restraining order](https://texascriminaljustice.com/wp-content/uploads/2021/09/restraining-order.jpg "restraining order")

## What should you do if you are the subject of a restraining order?

Before I get into that, it’s not always just a restraining order. Sometimes it’s bond conditions instead of a restraining order, sometimes it’s a temporary restraining order. In more extreme cases, there are restraining orders that last for years.

These restrictions are only issued in victim cases. They can be issued in domestic violence cases, robbery cases, aggravated assault cases, anything involving a victim, where there’s some concern that the defendant knows the victim and has contact with the victim. The goal is to get you away from the victim. They will put conditions on you so that you cannot have contact with the victim.

We see this the most in domestic violence cases. It often causes a problem because if it’s a couple, and they tell you that you can’t be around your wife or husband, where are you supposed to go? People often call complaining that the effect of the restraining order can make them homeless. Most courts will allow us to have a hearing, where we can go in and ask the court to remove the order if the victim in the case is asking the court to remove the order.

There are a lot of cases where an instance of violence is a one-off, there’s not a history of violence between these people. There’s no need for a continued restraining order. Of course, the difficulty is that if you get arrested today, and you get issued a temporary restraining order on your way out of jail. No, I can’t go into court tomorrow to get it lifted. In order to have a hearing, we have to file motions, give notice to the state, etc. Generally, the minimum notice is three days, unless we can get the state to waive notice. It could be a week before we can get the hearing. It’s possible that you could be homeless for that week, right?

If that’s the situation that you find yourself in, and of course, no one wants to see that. The best advice I can give you is to follow the conditions of the restraining order to the tee. It’s in writing, and you must follow it. The person who has the restraining order, whoever is listed as the victim, does not have the legal authority to waive that restraining order. If it’s your spouse, they can’t say hey, it’s okay, just come over. They may say that, but the problem is if something happens and the police encounter you, you’re going to jail or you’re going to have your bond revoked. It happens a lot, many times without the knowledge or request of the victim in the case.

Why? The state is trying to protect the victim. The state is worried that if someone is arrested because the police were called, that the person who got arrested may be so angry that they’ll get out of jail and immediately commit another act of violence against that person. The state feels like they need legal protection for that person. The issue is that they do it even when people don’t request it. This doesn’t make sense to me, if the victim doesn’t want a restraining order then the state shouldn’t be stepping in and trying to manage their relationship for them.

In these cases where you are issued a restraining order, you can’t communicate with the victim. The rules are very specific. You can’t call, you can’t text. The problem with calls and texts is, they are evidence that you have tried to communicate with the victim. If they desire, they can go to the DA and report that, and then you’re in trouble. As I said, the best thing I can advise is to just follow the written order to the best of your ability. If there are things in the order that are making your life extremely difficult, to the point where you could be homeless, get with your attorney, and have your attorney return to court and amend it.

Many times, I see the situation where my client can afford to stay outside of the house, but they still have to have some type of contact with the victim, because they have children together. So we go to court and we make those adjustments as soon as possible. Until then you just obey the order. As soon as you tell me that there’s a problem, and we need to fix it, we’ll go to court and get it fixed. Don’t take it upon yourself to make a verbal agreement with the other person, because again, it’s not that person’s choice. If police find out that you violated the order, you will be arrested.

## In regards to interference with child custody, why isn’t it enforced? Why don’t the police make arrests for this?

I suppose the answer is out of ignorance. I don’t mean that the police are ignorant. I mean that this is not a commonly charged offense. So, the officers that are responding are likely to think this is just a family law matter, and that it needs to be worked out in family court. If this is happening to you, and the police are not acting when you call, and someone is interfering with your child custody, then I would begin to make video evidence. If possible, I would have a witness with me and have them film what’s going on.

For misdemeanors, the police don’t have to call the DA intake office to make the charges. Though there is an intake DA always at the DA’s office. So, if you’re repeatedly being subject to some type of interference with your child custody, and you have a witness and video proof, you could take that to the DA’s office and hopefully have them accept charges.

The other option I might say is to carry a copy of it with you and whenever something happens, when you call the police, have them come out and show it to them. Then hopefully the officer will be more responsive. I think it’s not that [Galveston County](http://www.galvestoncountytx.gov/) does not want to enforce this matter, it’s just that the officers responding probably aren’t very familiar with this. If you help educate the officer, that it is indeed a violation, then that may help you.

## What are the most common crimes in Galveston County?

That’s a hard question to answer. Drugs are going to be at the top, DWI’s are also up there. DWI’s spike up on holiday weekends, and during the summer months, because of all the tourists and people on the beach. Then there are other times when DWI’s are slow because not much is happening on the island. More like in the offseason months. Drugs are year-round, possession charges, manufacturing and delivery charges, etc.

We have a lot of assault cases, misdemeanor assault, mostly the family violence type. That happens a lot. Again, there’s also a spike in those cases during the tourist season. For the same reason as the DWI, people are drinking all day on the beach, and things tend to happen when there’s alcohol involved. It’s really hard to pick one crime that is the most common here in Galveston County unless you just say drugs because they are always going to be a common issue. Others fluctuate up and down depending upon what’s going on on the island at the time.

We went through a period a while back where there was a bunch of burglary of motor vehicle cases, there were so many break-ins that it appeared to be a group of people committing these crimes. So, for a while, it seemed like BMV’s were being reported every night. For a while, we had a problem with catalytic converters thefts, now that has slowed down, or it’s just not being reported anymore. So, the most common crimes in Galveston County will typically be anything involving drugs.

## Contact Mark Diaz And Associates Galveston Criminal Defense Lawyers

If you have been charged with a crime in Galveston County or the surrounding area [click here to schedule an appointment](/landing-form/) with a [Galveston criminal defense attorney](/) or call Mark Diaz and associates at (409) 515-6170 for a free initial consultation.

**Categories:** Restraining Order

**Tags:** restraining orders

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### [Is Robbery a Misdemeanor or a Felony?](https://texascriminaljustice.com/is-robbery-a-misdemeanor-or-a-felony/)

**Published:** October 11, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![robbery](https://texascriminaljustice.com/wp-content/uploads/2021/10/3_Diaz_robbery.jpg "robbery")Typically, when someone asks a question with two alternative answers, the proper response will be one or the other. Unfortunately, you may not get such a clear-cut reply when you ask whether robbery is a misdemeanor or felony in Texas. The reason comes down to confusion about definitions.

Many people lump robbery into the many other types of theft offenses under state law. There are numerous theft crimes that are classified as misdemeanors. However, the [Texas Penal Code defines robbery](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.29.htm#29.02) as a specific type of theft offense with its own elements, penalties, and defenses. Aside from stealing an item or misappropriating something that does not belong to you, the underlying circumstances of robbery incorporate violence, leading lawmakers to categorize robbery as a felony.

If you were arrested for robbery, it is wise to retain a [Galveston County criminal defense lawyer](/burglary-robbery-theft/) right away. A conviction for any type of theft offense will still carry harsh penalties, including jail time and fines; plus the possibility of paying restitution and many other ramifications. To better understand robbery in the context of misdemeanor or felony charges, an overview may be helpful.

**Basics of Robbery Charges in Texas**

As with any criminal matter, there are certain facts that the prosecutor must establish to obtain a conviction for robbery. For each of these elements, the government is required to meet the burden in a criminal case, which is proof beyond a reasonable doubt. The essential elements for a robbery conviction include:

- Because robbery is a type of theft crime, there must be sufficient evidence that the defendant was committing the act of theft. The prosecutor needs to prove unlawful appropriation of property with the intent to permanently deprive the rightful owner of said property.
- The government must prove that the defendant acted with the intent to obtain or maintain control over the misappropriated item.
- The prosecution needs to show that the defendant intentionally or knowingly caused bodily injury to another person or placed someone in fear of immediate harm. In addition, some forms of reckless conduct may be sufficient to meet this element.

This basic form of robbery is a Second Degree Felony, punishable as described below.

Note that the definition of “property” in the context of theft crimes includes all tangible or intangible items, as well as documents that represent value. As such, you could be arrested for robbery if you use violence to obtain money, a vehicle, a bag or purse, or a wallet. However, the use of violence or threats to obtain someone’s ATM password might also constitute robbery.

**Aggravated Robbery Charges in Texas**

Robbery already incorporates the notion of violence, but the crime is more serious in the presence of additional circumstances. For aggravated robbery, familiarly known as “armed” robbery, the prosecutor must first prove the essential elements of robbery. Then, the government needs to show that:

- The defendant used or exhibited a deadly weapon in the commission of a robbery.
- The victim who suffered bodily harm or was placed in fear of harm through threats was an elderly person aged 65 or older or a disabled individual.

Aggravated robbery is a First Degree Felony in Texas.

**Special Considerations to Note About Robbery and Other Theft Crimes**

In addition to an overview of robbery offenses in Texas, some additional points may clarify and demonstrate the distinctions among theft offenses:

- Larceny: This term is often used interchangeably as an umbrella for various types of theft. Texas does not have a statute on larceny and does not define it as a separate crime, so the general notions of theft apply.
- Burglary: The Penal Code classifies burglary as an offense against the property because it is not actually a theft crime, contrary to popular misconception. Burglary is more closely associated with breaking and entering or trespass. It involves accessing or remaining in a structure without the owner’s consent, with the intent to commit a felony, theft, or assault.
- Fraud: When a person uses deception for purposes of financial gain, the crime is fraud instead of theft. The key is the false or misleading statements that the victim relies upon in parting with property or items of value.
- Embezzlement: This crime is closely associated with theft, but also encompasses fraud concepts. With embezzlement, the offender does, at some point, have lawful possession or right to use the items for the benefit of another. However, along the course of conduct, that person misappropriated the items for his or her own use. Examples are taking petty cash from an employer that you were instructed to deposit into a bank account.

**Punishment for a Robbery Conviction**

If the government succeeds in meeting its burden to prove guilt beyond a reasonable doubt, the next step in a robbery case is sentencing. The starting off point for the judge will be assessing the basic penalties associated with the crime:

- As a Second Degree Felony, so-called “simple” robbery is punishable by a mandatory minimum sentence of two years in prison. However, the court could order up to the maximum term of incarceration, which is 20 years.
- Aggravated robbery is a First Degree Felony, the second-most serious felony in Texas. The mandatory minimum is five years’ imprisonment, but the statute allows a judge to issue a sentence of 99 years to life. \*\*\* Aggravated Robbery is also what is called a 3G offense which means that an individual convicted and sentenced to prison as a result will not be eligible for parole until half of the sentence has been served.

***Restitution:*** For both robbery and aggravated robbery, the court may impose a maximum fine of $10,000; you may be ordered to pay for court costs as well. However, incarceration and fines are just the beginning. Texas law provides that victims of certain crimes, including robbery, may be entitled to restitution for the losses incurred through the offense. The sentencing judge will typically order restitution, and it becomes part of your criminal sentence. In other words, until you pay off the balance in full, you are not deemed as having served your sentence in full.

***Collateral Consequences:*** Even after completing your sentence and paying restitution, there are implications from a robbery conviction that continue to affect your life. A felony conviction will appear on your permanent criminal record indefinitely since these offenses are not subject to expunction; unless you receive a pardon, the case shows up in a background check. Having a conviction could create challenges with employment. Additional collateral consequences:

- You could lose your driving privileges.
- Any professional or business license you hold could be revoked or suspended.
- A convicted felon is ineligible to vote in elections.
- A felony conviction impacts your Second Amendment rights.

**Options for Defending Misdemeanor or Felony Robbery**

Knowing the harsh penalties if you are found guilty, your primary objective will be avoiding a conviction for robbery. Because of the high burden, the prosecution must meet to secure a conviction, a key strategy will be attacking the government’s case-in-chief. If you can expose weaknesses in the evidence, you may create a shadow of a doubt in the minds of the jurors. Your Galveston County criminal defense lawyer may also explore other defense options, such as:

- In some cases, you may have grounds to have evidence thrown out. If police engaged in any misconduct that violates your constitutional rights, the information they seize from you cannot be used in court.
- Any weaknesses in the government’s case may lead to a dismissal of the charges before trial or an acquittal. Still, when a prosecutor is in a very tough spot and lacks essential proof, you may be in a position to leverage plea bargaining. You may be able to reduce the charges from robbery to a misdemeanor theft crime, or from aggravated robbery to simple robbery. The penalties and collateral consequences will also be less severe.
- Once the government rests, your defense attorney will raise any additional defenses to robbery charges. Because robbery requires a showing of intentional, knowing, or reckless conduct, you may defend the allegations on the grounds that the prosecutor did not prove your state of mind.

In addition, the victim’s state of mind may be relevant to your defenses. When the robbery charges are based upon threats of harm instead of actual bodily injury, the concept of “fear” takes center stage. If the victim’s state of mind exhibits an irrational, unreasonable sense of fear that does not align with how the average, prudent person would assess the situation, the prosecutor may not be able to prove that there was a threat of harm. This scenario could take your case out of the realm of robbery and into one of the lesser theft crimes, which might lead to misdemeanor charges instead of a felony.

**Consult with a Galveston County Criminal Defense Lawyer Right Away**

It is helpful to appreciate how Texas theft laws work, but legal representation is critical regardless of whether you were arrested for a misdemeanor or felony robbery. Without a background in law, you cannot take advantage of defenses and strategies for fighting the charges. Instead of putting your rights at risk, please contact Criminal Defense Attorney Mark Diaz for assistance.

Individuals in Galveston County and Greater Houston can set up a free consultation with a [Texas robbery defense lawyer](/landing-form/) by calling (409) 515-6170. Once we review your circumstances, we can advise you on the next steps.

**Categories:** Criminal Defense Lawyer

**Tags:** robbery

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### [What Are the Penalties for Assault Causing Bodily Injury in Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-assault-causing-bodily-injury-in-texas/)

**Published:** October 15, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2021/10/assault.jpg "assault")No matter what circumstances led to an arrest for an assault in Texas, you could be facing serious punishment if you are convicted on the charges. Assault has many forms in Texas, but regardless of the form, they are all considered a violent crime. As a result, you can expect that jail time, fines, and other penalties could very well be part of your sentence should you be convicted.

The [Texas criminal statute on assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.01) creates several different offenses, and the charges vary depending on numerous factors. Unless you have a legal background, it can be difficult to decipher the offense termed assault causing bodily injury, let alone understand the penalties you face for a conviction.

Texas is harsh on all violent crimes, so you can be sure that police will enforce the laws by making arrests and prosecutors will aggressively pursue the charges. Knowing that the government is represented by skilled attorneys who will fight to obtain a conviction, it is critical to level the playing field by retaining an [assault and battery lawyer in League City](/assault-and-battery/). To get an idea of potential sentencing, it may be helpful to check out the following overview of assault charges in Texas.

## Summary of Texas Assault and Battery Laws

Before getting to the penalties for a conviction, you should appreciate how the statute works and the government’s burden in an assault case. At the outset, note that while other states distinguish assault and battery as separate crimes, in Texas they are both incorporated in the chapter of the Texas Penal Code called assaultive offenses. As such, you will not find the term ‘battery’ in the Texas Penal Code, rather you will find various types of assaults. There are three ways to be charged with an assault:

1. Intentionally or knowingly causing physical contact with another person when the offender knows or should know that the touching will be offensive.
2. Intentionally or knowingly threaten to cause bodily injury, even without contact. (\*\*Note: there are various different offenses that are very similar but have entirely different punishments and ramifications\*\*)
3. Intentionally or recklessly causing physical injuries to another person, otherwise termed assault with bodily injury.

The prosecution must be able to prove each and every element of the charged offense beyond a reasonable doubt. As you can see, each type of assault requires that the prosecutor prove that your conduct was intentional, knowing, or reckless. Aside from proving the state of mind of the accused, the prosecution must also have facts specific to prove the other aspects of the offenses listed above. In Texas, bodily injury is not necessarily what you might think. There does not have to be an actual injury, only that the alleged conduct caused pain to the individual.

### Criminal Proceedings for Texas Assault and Battery

Aside from a legal overview, some information on the timeline of a criminal case is helpful for knowing what to expect. An arrest will typically trigger the criminal process and should motivate you to retain a lawyer right away. From there, additional steps in the proceedings may include:

- The arraignment is your first appearance, in which the charges will be read in court and you will be required to enter a plea. You can also address the issue of bond so you can be released pending a trial date.
- There are many activities during pretrial stages, and one important tactic is the use of motions by both the prosecutor and defense attorney. It may serve as an advantage in your case to compel evidence or have inadmissible evidence tossed, or request that the court dismiss the charges for lack of evidence.
- Pretrial may also include discovery to obtain documents, other evidence, and deposition testimony from witnesses who might be called at trial.
- The court will eventually set your case for trial, and some of the proceedings may be familiar. Leading up to the trial date, the prosecutor and defense counsel will go through the jury selection process. As the trial gets underway, both sides will make opening and closing arguments. The prosecutor will put on its case-in-chief first by calling witnesses and presenting exhibits. Your lawyer will have the opportunity to cross-examine during this stage, and you will present your case once the prosecution rests.
- After both sides complete their case, the jury will be sent to deliberate. Jurors will return with a verdict, which will be followed by sentencing if the finding is guilty.

### Penalties for Assault in Texas

With a basic grasp of how the laws apply and the stages of the process, you can better understand the framework for punishment after being convicted of an assault charge. Each form of assault listed above has different punishments and ways they can be enhanced.

Number 1 and Number 2 are both Class C Misdemeanors which are punishable by a fine only in an amount up to $500. However, if the alleged victim is elderly or disabled the crime is enhanced to a Class A Misdemeanor which if convicted you face up to a year in jail and a fine of up to $4,000.

Number 3 is a Class A Misdemeanor in the absence of aggravating factors. However, the charge for assault with bodily injury can be even more serious under certain circumstances described in the statute.

If the assault causing bodily injury involves family violence, or in other words, involves a person who is a family or household member or someone in a current or previous dating/marital relationship; a first-time offense is still a Class A Misdemeanor but there are collateral consequences such as not being able to ever own or possess a firearm in the future.

Assault causing bodily injury can be enhanced to a Third Degree Felony, punishable by 2 to 10 years in prison and a fine up to $10,000 if the assault is against:

- Someone with a family or household member or someone with whom you have had a dating relationship, AND you have been convicted for assault family violence in the past.
- A person who is a public servant lawfully doing his or her job.
- A person you know to be a security officer or EMT performing his or her duties.
- A person that was choked in connection with the assault.
- A pregnant person.

Additional circumstances can lead to assault with bodily injury being further enhanced to a Second Degree Felony. A conviction for a Second Degree Felony is a minimum of two years and up to 20 years imprisonment, plus a possible fine of up to $10,000. The most common example of this is Aggravated Assault. This crime occurs when the accused is alleged to have caused serious bodily injury or used a deadly weapon in the commission of the offense, regardless of whether it was just a threat or if no serious bodily injury was caused.

Another example is when the alleged victim is a family or household member, or someone you dated, the crime may be enhanced. However, the prosecutor must show that you were previously convicted for a similar offense against one of these individuals and that there was evidence of choking.

It should also be noted that the Legislature recently changed the law now making it a Second Degree Felony if it is an assault against a peace officer or judge who was performing an official duty of his or her employment.

The most serious form of assault with bodily injury encompasses the act itself and the status of the victim. You could be arrested for a First Degree Felony by committing aggravated assault against someone with whom you have a domestic relationship, a public official, or other individuals listed in the statute. The mandatory minimum prison term for a conviction is five years, but your sentence could include life in prison.

### Defense Tactics and Strategies in Assault Cases

Considering the harsh penalties for a guilty verdict, you will no doubt want to avail yourself of all options for fighting assault charges. Your first priority should be retaining a League City assault and battery attorney who can assist by:

- Exposing weaknesses in the evidence, whether physical exhibits or the credibility of a witness.
- Using motions to your advantage, such as by requesting the court to force the prosecutor to turn over evidence, toss illegally obtained evidence, or dismiss for lack of evidence.
- Negotiate potential plea agreements with the prosecutor, which is often an option when the evidence is weak.
- Presenting legal defenses, such as self-defense, a lack of intent or knowledge, absence of injuries, and necessity; to name a few.

### Questions to Ask Your League City Assault and Battery Attorney

It is clear that retaining legal counsel is critical to defending charges for assault causing bodily injury. However, you may not know where to begin with your search, and finding the right fit is crucial. You will certainly want to know about education and admission to practice law in Texas, but other considerations are also important. You can narrow down candidates and make an informed choice by asking the following questions:

***What is your experience with criminal law in general and, specifically, assault cases?*** You want to know that your lawyer has spent considerable time defending these cases, including time in the courtroom.

***How do you plan on fighting assault charges in my case?*** Even after getting some basic information from you, an attorney should have the knowledge and skills to provide a few strategic ideas.

***What factors work for and against me?*** Because they impact your defense strategy and give you an idea of what to expect, ask about the strengths and weaknesses in your case.

***Who will be the primary contact at your office?*** You want to feel confident that your lawyer will be the point person handling your case, so make sure your communications will not be handed off to a paralegal or administrative staff.

## Call Now to Speak to a Skilled Assault and Battery Lawyer in League City

This information should clarify some of the confusion regarding state laws on an assault causing bodily injury, but there are many additional details that you should entrust to an experienced League City criminal defense attorney. With solid legal representation, you may be able to avoid harsh penalties or obtain a favorable outcome.

To set up a free consultation, please contact Criminal Defense Attorney Mark Diaz by calling (409) 515-6170. [Mark Diaz & Associates](/landing-form/) is a Criminal Defense Law Firm Located in [Galveston, Texas](https://www.galveston.com/) representing clients throughout Galveston, Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, [League City](https://www.leaguecitytx.gov/), Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

**Categories:** Assault And Battery Lawyer

**Tags:** Assault

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### [Possession Of A Controlled Substance | Fighting Drug Charges In Texas](https://texascriminaljustice.com/possession-of-a-controlled-substance-fighting-drug-charges-in-texas/)

**Published:** October 7, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas drug charges](https://texascriminaljustice.com/wp-content/uploads/2021/10/Texas-drug-charges.jpg "Texas drug charges")

## What Actually Happens If A Texas Drug Charges Case Goes to Trial?

On average, you can expect your Texas drug charges case to last around the one-year mark, from the time you are arrested to the time you formally go to trial. If the case is actually going to trial, what that looks like is case-specific and of course, differs for every person and for every case. Generally speaking, most trials take about a week or less. It usually takes about a day to pick a jury. Then, we proceed to the opening statements of both sides.

Following opening statements, the state puts on its case. They go first because it is their burden to prove a person guilty of the offense charged. What this means is that the state has to prove each and every element of the offense as charged and the allegations against you beyond a reasonable doubt as to each and every element. The state then rests and the defense has an opportunity to present evidence. As the defense, we are not required to put on a case or present any evidence at all. In fact, sometimes it is the best strategy not to if we feel that the state hasn’t adequately proven its case.

Once both sides have rested, closing arguments will begin from each side. Then, the jury deliberates and decides whether a person is guilty or not guilty. If they find someone not guilty, everything is over. The charges go away, the defendant is acquitted, and we’ve done our job. If it goes the other way, then we proceed to the punishment phase of the trial. You keep the same jurors and you start a new phase of trial where the jury decides the appropriate punishment for the crime that the person has been found guilty of.

## Criteria To Decide Whether to Take a Drug Charges Case to Trial or Take a Plea Offer

The first step that we go through in our legal analysis on drug charge cases is to evaluate the case, which is of course similar to our process in all other cases. We start by asking questions like, “How were the drugs discovered?” “Was that a legal process?” “Was the arrest initiated by first stopping the defendant’s vehicle?” “Was that stop legal?”

The next step is examining whether the state can prove drug possession, which generally speaking means that the accused had care, custody, or control of whatever the substance is they’ve been charged with. The state has to somehow affirmatively link that substance to the accused.

A good example is if they find a container with drugs in the trunk of a car, but then we find out the car doesn’t belong to the defendant. Come to find out, the car was actually his neighbor’s and he borrowed it that morning because he had a flat tire. How could he possibly have known that his neighbor had a container with drugs in it in the trunk of the car? More importantly, how can the state present evidence to prove that the defendant knew there was a container of drugs in the trunk of the car?

### Perform A Complete Case Analysis

In deciding whether to take a case to trial versus taking a plea, we first have to do a complete case analysis and determine whether there are legal issues that are worthy of taking to a jury, or perhaps to the judge in suppression hearing where we ask the court to exclude[ illegally obtained evidence](https://www.txcourts.gov/All_Archived_Documents/ccaInformation/opinions/052799a.htm).

If we don’t think we can win, then our focus must shift to getting the best possible outcome we can get from the court or the prosecution through a plea bargain. Every case and every client is different. Maybe it is best for the client that we work out a plea deal that reduces the charge and puts the client on deferred probation so that they don’t end up with a conviction for life. Maybe it is a situation where our client is a 25-to-life but I can get the state to offer me single digits, like a 5.

Of course, it is not only my decision; it is a decision that has to be made with the client ultimately deciding what they think the best outcome is based on the options we present them. Throughout the case, we are here to guide clients through the legal analysis and present them with the best options based on their situation, but at the end of the day, it is the client who makes the final decision.

A lot of times, in these cases, there is going to be video available. How did the defendant act on video? Does it corroborate one side or the other? Does it do nothing? How is our client going to be perceived by a jury? That is something we have to consider. It is also important whether the defendant is charged with manufacturing/delivery or whether they are charged with mere possession. Evidence that someone was selling or [manufacturing drugs](/drug-manufacturing/) does not generally go over well with a prosecutor or with a jury.

![Drug Crime Questions](/wp-content/uploads/2021/04/Drug-Crime-Questions-1024x688.jpg "Drug Crime Questions | Mark Diaz & Associates")

## Are Most Drug-Related Cases Settled with Plea Deals?

Possession cases are some of the most tried cases in criminal courtrooms. This can largely be attributed to the legal intricacies that most possession cases come down to, including [Fourth Amendment search and seizure issues](https://www.law.cornell.edu/constitution/fourth_amendment#:~:text=The%20right%20of%20the%20people,and%20the%20persons%20or%20things). This is a huge consideration and factor as to whether we should plead the case or go to trial. The client’s past convictions can also be a huge factor in deciding how to work the case out.

A lot of clients or potential clients ask us right from the onset what the chances are of dismissal in their case. This is not a silly question, but unfortunately, it isn’t one we can ever answer right away. There is no way for us to tell you exactly what it takes and whether a case should plea until we have looked carefully at all the evidence. It is always case-specific and client-specific. Regardless, we make the client aware of all the risks and benefits that are present with whatever route is chosen.

## Is This (Perhaps Not) Always the Best Option for Clients?

There is sometimes an issue that the state is not willing to offer what we consider to be a good plea bargain for certain cases. For example, if the state is only offering time in the penitentiary, but we think a jury will give our client probation, it may be better to just go to trial. From our perspective, why wouldn’t we if a jury will likely give us what we want? It comes down to the individual case, the individual court, and the individual themself. That being said, you have to have an attorney you trust, who is capable of helping you make these decisions.

## At What Point Will I Have To Enter a Plea of Guilty or Not Guilty?

Not every case of drug charges involves a plea of guilty or not guilty. If we reach a plea agreement between the state and the defense, at that point, you enter a plea of guilty. The only time you ever enter a plea of not guilty would be to go to trial. There are a lot of ways that cases can resolve and they often do without entering a plea of guilty or not guilty. For example, on a misdemeanor possession charge, we oftentimes can work out what we refer to as “terms for a dismissal.”

In some drug charge cases, this may mean the client completes an [online drug class](https://www.onlinedrugclass.com/Online-Drug-Education-Classes/Texas) and if they do that, then the case gets dismissed. There is never a formal entry of not guilty or guilty. This is case-specific and doesn’t apply to everyone, but it’s an outcome that can be worked out with certain sets of facts and with a good attorney who knows what they are doing and how to navigate the court system where your case is filed.

### If I Decide I Want to Enter a Plea of “Not Guilty” and We Go to Trial, What Are the Next Steps?

If you plead not guilty, we secure a trial date with the court. We should have all the evidence that is available to the state at that point. We would want to ensure that and figure out what exactly is going to be presented at trial. Nothing is a surprise; we just sometimes don’t know the way the presentation will go.

In Texas criminal cases, the state must turn over every piece of evidence they intend to use against you to the defense. That rule doesn’t go both ways; from the defense perspective, we are not required to turn over anything. Instead, we can focus on how to best adequately defend you against the state’s allegations.

1. We file all of our pretrial motions and, in drug charge cases, there can be quite a few. In drug cases, we often file motions to suppress to try to keep out illegally obtained evidence. At that point, we may already have the motion to suppress on file because it is an issue that can be taken up with the court pre-trial.
2. Once we have a trial setting, we would begin the process of securing witnesses for trial. In some cases, we may also need to begin securing expert witnesses as well. Because as you can imagine, expert witnesses are usually quite busy, it’s best to do this well in advance. Experts can be expensive, but sometimes they can be the deciding factor for a jury.
3. One of the most important things we do as we prepare for trial is to also prepare our client. The thought of a trial is scary for anyone. It is our job to not only defend our clients, but also make sure that they are aware of what is going on, why it is going on, and what is likely to come next. For example, a defendant has an absolute right to testify at their trial. They also have an absolute right not to testify. It is our job to make them aware of all the benefits and risks of testifying for and/or against themself.
4. One of the next things we do with trial preparation is to start to interview any witnesses that we thought we might be using at trial. We would go through the state’s witness list and try to anticipate which witnesses the state might actually call. A common practice by the state is to give you a list of 20+ potential witnesses they may call when they only intend to call three or four of those 20+.
5. Typically, in a case involving drug charges, the state will have an analyst testify about the drugs in question and the testing that was done to determine what the substance was. Generally, we would go through that expert’s curriculum vitae to make sure that they are properly trained and certified, we may question the process used, the chain of custody for the substance in question, the temperature at which it was stored, many different factors may be important, depending upon our defensive issues at trial.

## Two Stages Of Trial In Texas

In Texas, our trial system is bifurcated, meaning we have two stages. The first stage is to determine guilt or innocence. If the jury or the judge finds the person guilty, then you move on to the next phase which is punishment. If the person is found not guilty, then everything ends there and you don’t have to go into the second punishment phase.

Assuming the person is found guilty, you would then move right into punishment directly after the verdict is given. In addition to preparing for trial and deciding our trial strategy, we have to also make a decision about putting together evidence for mitigation, in the event that you are found guilty. We have to be prepared to put on punishment witnesses and seek the best punishment that we can from the judge or jury regardless of how strong we may think our case is or not.

All of the punishment evidence must be compiled beforehand. This throws a lot of clients off as we prepare for trial because it makes them think we are expecting them to be found guilty. That is not the case. The reality is that you never know what a jury of 12 people (or 6 people if the charge is a misdemeanor) is going to do. So, no matter what, as a lawyer, you have to be prepared for everything. You wouldn’t want your attorney defending you to have prepared nothing in your defense when it comes to what punishment should be assessed.

### Preparing For Punishment Phase Of Trial

In preparing for punishment should it get to that point; we compile evidence of good character and other mitigating factors that may be present. Let’s say that a client was just found guilty but maybe that client has had a serious and longstanding drug problem for quite some time. Maybe they just need some type of rehabilitation or treatment to address the issue.

Presenting this type of evidence at the punishment phase would be helpful for mitigation purposes for any punishment that was to come. In the appropriate situations, we have clients begin treatment early on so that we can show the Court/Prosecutor/Jury that our client is being proactive in addressing the problem.

Another way we prepare for punishment is to talk to character witnesses who may be able to testify for the defendant in court and speak to the type of person the defendant is. The goal is to humanize the client to the judge and jury so that they may assess the least amount of punishment possible for the crime and specific defendant.

### At What Point in My Drug Case Will the Prosecutor Generally Offer a Plea Deal?

A lot of times, the timing as to when we will get a plea offer on a defendant depends on whether they are in jail or not. A person in jail is going to generally take preference over a bonded client and they will likely receive an offer sooner than someone who is out on bond. Whether a person has a criminal history or not is also a huge factor as to when or if we receive a plea offer from the state. A person with no criminal history is not on the state’s radar as much as someone who does from the state’s perspective. This is because the defendant without significant criminal history is not a multiple-time offender.

On the flip side of that, a defendant who has a criminal history and is enhanced is going to probably receive an offer much later in the game. The state can be prompted to make an offer. It just depends on the type of case as to whether we do that or not and whether it will benefit our client in the long run.

## How Common Is It to Assume There Will Never Be a Chance To Win a Drug Charges Case In Texas?

Most clients fall on one of two sides of the spectrum – they are either convinced they are going to lose or convinced that they are going to win. Clients rarely find themselves in the middle of those two ways of thinking. Unfortunately, the issue is that most cases fall into that gray area somewhere in the middle. There may indeed be an issue in a case, but it may not be as fatal to the state’s case as we or the client hoped it would be.

It is one of our duties as your attorneys to bring you into the loop and make you understand what is going on and how it impacts your case. If you don’t fully understand the process, that is what we are here for; once you know the full picture, you can make the best decision about how to move forward with the disposition of your case with us alongside you throughout the process.

### At What Point in Drug Cases Do You Generally Get Hired on by the Client/Defendant?

In every case, it is a good idea to hire your attorney early on. It is especially important in drug crime cases. You need someone representing you who is going to be able to get evidence in your case that can help you. If you hire an attorney later, they may not have the ability to get that evidence. Maybe the evidence has become stale or there is now an inability to get it.

For example, there is a retention period for some (if not most) police departments. After a certain amount of time, evidence cannot be procured if needed for your defense. There may be video evidence available from a non-law enforcement source, area business, ring doorbell, etc. Most videos are recorded over at varying intervals and if you wait too long, that potential evidence may no longer be available to you from non-law enforcement as well.

In addition, there are a lot of side issues that commonly come up with cases involving drug charges. A lot of courts impose [bond conditions](/what-happens-if-charged-with-violation-of-bond-conditions-in-texas/) requiring defendants to drug test every thirty days and/or each time they come to court. That is not something you want to do alone in court without representation. Having an attorney present with you during this process will likely mitigate the issues that may arise as result. This doesn’t have much to actually do with the crime that the person is charged with. Nonetheless, we are here to help the client every step of the way throughout the entire process.

## Defenses Often Used In Texas Drug Possession Cases

In many drug possession cases, the client will have a prescription for the drug that they are charged with possessing. It doesn’t completely exonerate them or make them not guilty but for the most part, we can a lot of the time get a dismissal in these cases. Another very common defense would be what we refer to as a bad stop, a bad search, or a bad seizure, meaning a Fourth Amendment violation. If we have a constitutional violation present, then everything that follows is thrown out. It is not allowed to be used as evidence against that defendant if it was obtained in violation of your constitutional rights.

Another defense is that the state charged the defendant with the possession of the wrong controlled substance. For example, someone is charged with cocaine possession and the DPS crime lab confirms that the substance is actually not cocaine. We have seen this issue quite a bit, sometimes to the surprise of our client. We have also had clients tell us in advance that the substance will not be an illicit drug.

A list of common drugs and the category they fall into from Penalty Group (“PG”) 1 through 4 is listed under the Texas Health and Safety Code, specifically [Chapter 481 Texas Controlled Substances Act](https://statutes.capitol.texas.gov/docs/hs/htm/hs.481.htm). The specific charge the State accuses the defendant of must be specified correctly into one of the following four penalty groups. The State must elect which category they plan to prosecute the defendant under and there must be proof to substantiate this.

We also have a legal definition for what possession is and how someone can legally be in possession of a substance. This can be another defense that may present itself in drug possession cases. There must be some element of knowledge incorporated into it and that is sometimes difficult for the state to prove. How do you get into someone’s mind and prove that they knew the drug was there? We utilize that that a lot in our cases. They have to prove beyond a reasonable doubt that someone knew about something unless there are other circumstances to corroborate it.

### What Is the Most Important Information That I Should Share With My Attorney?

The short answer to this is that you should share everything with your attorney. Holding information back from your lawyer who is defending you is never a good idea.

Specifically, here are some examples of important things that you must communicate with your attorney. Failing to do so will negatively impact you and your case.

- Once the police make the arrest, they have little to no involvement in the case. The District Attorney takes over at that point. However, the police are very often trying to continue communication with the defendant to get more information on their case or on another case. If a police officer was to reach out to you, you need to immediately tell your attorney.
- If your case falls into a court that randomly drug tests you or tests you at your court settings, if you have reason to believe your drug/alcohol test will be dirty, you need to let us know. We need adequate time to prepare for what is to come and protect or shield you from the potential consequences of failing a drug/alcohol test.
- Another thing we need to know about immediately would be a new arrest, whether in the same county or anywhere else, even if it is completely unrelated. It is always relevant and important for us to know when you get arrested on a new case while you’re on bond for another case.

### Is It Possible for My Attorney to Work with the Prosecutor to Have My Drug Charges Reduced to a Lesser Offense?

There are usually plenty of opportunities to have charges dismissed or reduced based on the specific type of case and if the attorney knows what they are doing in handling your case. A very common occurrence is that a suspected substance is found on an accused person and weighed by the officer in whatever container it was found in, making the total weight of the substance much heavier than the actual controlled substance itself is.

However, the way our system works, you can only be charged with the amount of the actual substance. Oftentimes, we will have someone charged with more than a gram of a particular substance but then when it is sent to the laboratory and measured, it will come back as less than a gram. These are times when we see charges being reduced frequently. An entire felony-level can be reduced, which is substantial when you are talking about punishment.

### Should Someone Start Counseling or a Drug Rehabilitation Program While Their Drug-Related Case Is Pending?

If someone has a substance abuse or alcohol issue that they need help with, professional help should not be avoided. If you need help, you should seek treatment. However, oftentimes the families of defendants will push drug rehabilitation because they believe that it will make the case go away since the defendant sought help for the issue. The thought process is that this will make everyone involved in the process satisfied and not as willing to punish the person for the crime they are charged with.

More often than not though, it does not have a significant impact on the resolution of the case. The better way to approach something like that would be to talk to your attorney first so they can get your court settings addressed with the court so you do not get in trouble for not being there assuming you are in a facility you cannot leave.

There is definitely an ability for us to talk to the judge and the prosecutor to potentially set a person up to go to a facility to seek treatment while the case is pending. The issue that we see is when people go to treatment and they don’t think about their court settings. You cannot disregard your court dates without permission from the judge. Your lawyer should be the one to help you with issues such as this. Another important aspect here is that typically rehab only works if the person is committed to the program and getting help, we have seen over and over families trying to force rehab on their loved ones, and when forced, it rarely produces success.

![drug crime lawyers in Galveston](/wp-content/uploads/2021/07/drug-crime-lawyers-in-Galveston-1.jpg "drug crime lawyers in Galveston | Mark Diaz & Associates")

## Why Is It Important to Retain an Experienced Attorney to Fight Drug Charges?

Cases involving drug charges often come down to legal technicalities that a person who doesn’t have legal experience would never even believe could get you out of a case. For example, if you are pulled over for speeding and you are found with kilos upon kilos of a drug, if you can prove that you actually weren’t speeding, then in theory you cannot be prosecuted for those particular drug charges.

You only know these things after you are taught them by going through time and time again defending drug cases. It is important to have someone who knows what they are doing beside you because you could miss those things and if you do, you could miss an opportunity to potentially have your case dismissed or evidence suppressed.

If you just roll over and take a plea, you could end up in a situation where if it happens again, you are going to be prosecuted a lot more heavily and your punishment range goes up. Once you have a spot on your record, the police know and they do not forget. It is a decision that is going to have lasting effects.

## What Is Your Experience and Approach in Defending Clients With Drug Charges?

Mark Diaz has over 20 years of experience in [defending drug crimes in Texas](/drug-possession/). He knows how to very quickly analyze a case and he knows which officers to watch for regarding certain behaviors they may have exhibited in the past. He knows that, within our jurisdiction, certain judges have particular feelings about one type of drug over another. The experience he has is invaluable. He’s read thousands and thousands of police reports and looked at hundreds of thousands of hours of videos of searches and seizures. There is nothing he could do to replace time and experience. It becomes like a second language.

[Jessica Ebbs](/team_member/jessica-ebbs/) was a prosecutor in Galveston County before she became a defense attorney. With cases that were assigned to her, when certain defense attorneys would walk into the courtroom representing defendants, based on the caliber of attorney they had, the case was treated differently. The reality is that clients are treated differently by the system based on who they have representing them.

For example, when she was still a prosecutor, she went up against Mark a few times in cases and each time she knew she had her work cut out for her. Whether it was a case she believed was strong or weak, she knew Mark was the type of defense attorney who would make her earn that conviction and that stands true to this day.

For more information on **Retaining An Experienced Drug Crimes Attorney in Galveston County,** an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (409) 515-6170 today.

**Categories:** Drug Crime Lawyer

**Tags:** Controlled Substance, drug charges

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### [How to Help Your Stepchild with Drug Addiction](https://texascriminaljustice.com/how-to-help-your-stepchild-with-drug-addiction/)

**Published:** October 14, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![How-to-Help-Your-Stepchild-with-Drug-Addiction](https://texascriminaljustice.com/wp-content/uploads/2021/10/How-to-Help-Your-Stepchild-with-Drug-Addiction.png "How-to-Help-Your-Stepchild-with-Drug-Addiction")Anything **addiction-related** is a complex thing to deal with. It becomes even more complex when your child or stepchild is involved. So, what are the steps you can take to help them on their journey towards sobriety?

Let’s take a look…

## Learn More About Addiction and Treatment

If you do not know how the addiction works, you will never be able to fully help your child. Unfortunately, there’s a lot of fear and shame around addiction.

This is why people are generally hesitant to learn about it. Often they feel guilt, fear, or shame when they find out a family member is battling addiction.

If you can manage to educate yourself about addiction, you’ve won half the battle. Today it’s easier than ever with the online resources and everything. Is your child in need of [alcohol addiction treatment](https://www.inpatientalcoholrehab.org/)? Or are they addicted to drugs and need [drug rehab](https://www.inpatient-drugrehab.org/)? You could even talk to a counselor.

## Understand You Can’t Undo or Redo

Often parents go into guilt thinking it was their doing because of which their child is now into addiction. The whole can get even more complex when a stepchild is involved.

But, what is done is done. You don’t always have to take responsibility for everything that happens to a child. Addiction is a very complex issue. And, while the family plays an important role, it’s often not the only factor that controls it.

Besides, no one is 100% a perfect parent. So, cut yourself some slack. Instead of thinking about what you could have done right or differently, focus on the future. Think about the solution what you can do now.

## Create a Comfortable Environment

One of the most assuring things for someone battling addiction is just the knowledge that his/her parents are there to help them. Make sure that you communicate this thought with your stepchild.

Let them know that no matter what, you are there to help them through their [addiction treatment](https://www.addictiontreatmentdivision.org/) journey and achieve sobriety successfully. Of course, sobriety will never be possible without the willingness of the addict itself.

But, often the support and help from parents and family members give people the much-needed encouragement and push they need to lead healthy, productive, and sober lives.

## Open Lines of Communication

Often a stepchild can feel like less of a child. Especially if you made them feel that way knowingly or unknowingly at some point. This often leads them to clam up and cut off communication from their parents.

If you sense this to be the case, one of the best things you can do is encourage healthy and open communication. Ask your child about the things bothering them. Is there something keeping them up at night?

What are they trying to compensate for via drugs and addiction? Often, there’s an emotional void that people try to fill with drugs.

There’s nothing quite like the healing power of communication to fill that void in a healthy way.

## Seek Professional Help

Once your stepchild is ready to start his recovery journey, it’s time to seek professional help. You would want to start by finding the right program based on his/her needs.

Look for [rehab centers around you](https://www.inpatient-rehab.org/inpatient-drug-rehab/). Look into the facility and see what all programs are available. See if you would benefit better from an outpatient or inpatient facility.

Always look for accredited facilities while also keeping your kid’s specific circumstances in mind. For instance, if you think they have co-occurring disorders (addiction plus anxiety), then look for [addiction treatment centers that also address mental health issues](https://dualdiagnosistreatment.org/) other than addiction.

If you have the means for it, make your child’s addiction treatment journey more comfortable by looking for [upscale addiction treatment centers](https://www.luxuryrehabcenters.org/) that will make the road to sobriety much easier for your child.

## Bottom Line

Hopefully, after reading this post, you got some inspiration to help your stepchild kick away his/her addiction and lead a meaningful, healthy life.

**Categories:** Addiction

**Tags:** addiction

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### [Galveston Criminal Defense Attorney Discusses Probation Violations](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-probation-violations/)

**Published:** October 15, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![probation](https://texascriminaljustice.com/wp-content/uploads/2021/10/probation.jpg "probation")

## Probation Violations And How They May Affect You

We’ve been getting a lot of questions lately about probation violations or potential probation violations, and what to do about them. The first thing that I need to make clear is that we use the term probation generally, to encompass community supervision and deferred adjudication.

Probation is a conviction. Meaning you’re convicted of the offense, but rather than being subject to a prison sentence or a jail sentence in the county jail, your sentence is probated, and you’re placed on community supervision. Deferred adjudication is a special type of community supervision where successful completion of community supervision results in the charges being dismissed.

Most of what we’re going to talk about today encompasses both of them. We’ll just call them probation violations. People always want to know, if they get a motion filed against them, what’s going to happen to them?

There is a whole lot that goes into the answer, including which court you’re in, which judge is going to hear your case, what were the violations, and so on. There is so much we need to know.

## Two Types Of Motions For Probation Violation

For the most part, there are two types of motions that we deal with. One is for what we call technical violations like you didn’t fulfill the terms of your probation in a timely manner. For instance, if you have 200 hours of community service to do, your judgment might say that you have to do at least 16 hours a month. Sometimes people fall behind, and once you fall behind, it just keeps snowballing until you get far enough behind that your probation officer wants to do something about it.

Falling behind on money is another technical violation, but that gets more complicated because we don’t have debtors’ prisons in Texas so we don’t send people to jail for money. There are other technical violations, such as failing a drug test. So those are what we call technical violations. The other that we get very commonly is a new law violation, which means you’re on probation, and now you’ve been accused of another crime.

First, we’ll talk about technicals and how that process works here in [Galveston County](https://www.galvestoncountytx.gov/). For technicals, usually, your probation officer will take you into court to have a meeting with the judge to admonish you about your technicals and talk about why you’re not doing what you are supposed to be doing in regards to the terms of your probation.

I have mixed feelings about this process because your probation officer will tell you that you don’t need an attorney and that it’s just an informal meeting. so you go to court and the judge will listen to you, and make a decision whether or not to take you into custody, modify your probation, or do nothing.

The reason I have a problem with this is the judge can and often will decide that they’re going to take you into custody and have the state file a motion. Meanwhile, you’ve been in court without a lawyer answering questions from the judge about what you’ve been doing. That can be an uncomfortable situation.

We have had situations where people hired us to go to court with them for that setting. If you have a new law violation, there is not going to be any such meeting. The state will file a motion to revoke your probation or motion to adjudicate the guilt if you’re on deferred adjudication, and you will be arrested. In both situations, people always want to know, well, what’s going to happen.

## Why You Need An Attorney For Violation Of Probation

Because we practice in these Galveston county courts every day, we have a pretty good idea, depending upon your circumstances, what might happen with your particular judge. If you’re on deferred there’s always the option to extend your probation. If you’re on for two years, which is the minimum on a felony, maybe we can extend you a year and add some other conditions or more community supervision.

Many times if your issue is drug-related, we can do another sanction. Outpatient rehab, inpatient rehab, depending upon your needs. Most of the courts will work with you on addiction and have you assessed to determine what form of treatment might be best for you if you want it.

In 23 years of doing this, one thing I have figured out for sure is, if someone does not want rehab, sending them into inpatient, outpatient, any of it, is not going to work. However, if you’re in a situation with a violation of your probation, and you would like some help, most of the judges here are going to work with you, and find some alternative rather than send you to prison.

When it comes to new law violations, it gets trickier. First, what were you on probation for? What is the new crime that you’re accused of? If it’s the same crime, that is not a good look. Again, one exception being if it’s drug use, then we may be able to put you in rehab or figure out some way to help you.

If you are on probation for any victim-related crime, that’s going to factor into what your punishment might be. If you’re on deferred adjudication, which for some people is a great program because if they had no other defenses, then this allows them to avoid a conviction.

Sometimes, depending upon your violation, one option, which isn’t great, is to adjudicate you guilty. But rather than send you to prison, place you on straight probation. As I said, it’s not great, but at least it helps people avoid a prison sentence. Those are generally some options that you have when facing violations of probation.

## Don’t Believe Your Probation Officer Is Going To Help You

Sometimes people think they can simply talk it out with their probation officer. What they don’t understand is, it’s generally not up to your probation officer, they have a boss that they have to report to. So if you’re messing up, don’t think they can’t report it or won’t report it, they have to. It’s not their sole discretion, whether or not to file a motion or even to take you into court to have you admonished. It’s going to be their supervisor’s decision.

Sometimes people will call me and say, my probation officer loves me, I don’t think he or she will even do anything. I have to tell them, it’s not your probation officer’s decision. He or she has a boss and that boss is going to tell them whether or not to file a motion with the court to revoke or adjudicate you. Of course, it’s good if you have a solid relationship with your probation officer, but ultimately, it won’t be his or her decision whether or not to take action.

We have had odd, outlier situations. We had one recently where the guy had reported to his probation officer and she said, okay, you’re done, this is the last time you’ll ever see me because the termination date was within the next 30 days. Well, in those next 30 days, they found out that he had been arrested in Florida. So unbeknownst to him, they filed a motion to revoke him again, weeks before he was going to physically terminate. He was not going to see his officer again, so he did not know this.

The case that he was charged with in Florida was eventually dismissed, but for about five years he had a warrant out there and didn’t know it. He eventually got picked up back here in Texas, on that probation violation, and we were ultimately able to get that dismissed and he got back out.

## Long Term Deferred Adjudication

Sometimes procedurally, things will happen that allow us to get you a good result on a motion to revoke or adjudicate you. There are some due diligence claims that we can make depending upon when the motion was filed. I once had a hearing where my client was in the last couple of months of a 10 year deferred. Statistically speaking, a lot of people don’t make it 10 years on deferred. A lot of people like to take it, but many people don’t complete 10 years.

My client was in her last several months and was charged with misdemeanor possession of marijuana. They filed a motion to adjudicate her guilty, which could have potentially made her a felon and put her in prison. We could not reach an agreement. They were adamant that they weren’t going to do anything other than to adjudicate her guilty. I thought the state was being unreasonable. We go through this full hearing, and in the end, not only did the judge terminate my client’s probation, he told the state don’t ever waste my time like this again.

That is one example, but there can just be so many possible outcomes. Sometimes if your motion to adjudicate or revoke is based upon a new law violation, we try to put off the motion until we can defend the new case. The theory being that if I can get the new case dismissed, then there is no basis for the motion to revoke.

## Other Ways We Defend Probation Violation

If you’re on probation, and you get a DWI charge, possession, whatever it is, but you’ve had no other problems, and I think that case is defensible, I’ll try to attack that case first. If I can make that go away, then there’s not anything for the state to go on, on the motion to revoke. There have been times where the sitting judge would not let me wait on the new case. The judge can say we’re going forward on the motion to revoke or motion to adjudicate, and the new case can wait. That doesn’t happen a lot, but it has happened in my career, and with a handful of results.

Sometimes, the state will then make an offer to work out both cases, and the client will take it. Sometimes we have to take whatever outcome we are offered, and we just go with it. Sometimes, a client will get hammered on a motion to revoke, meaning get a lot of time, and then refuse to plead on the new case. So every once in a while, the state will say you’ve served enough time on that motion to revoke, and they will just dismiss the new case. There’s just almost any combination of scenarios you can guess that can come out of these types of situations.

If you have been charged with probation violation or are concerned that you may be charged, contact[ Mark Diaz & Associates](/landing-form/) at (409) 515-6170.

**Categories:** Probation

**Tags:** Violating Probation

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### [Galveston Criminal Attorney Discusses Texas Domestic Violence Charges](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-texas-domestic-violence-charges/)

**Published:** October 17, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2021/10/domestic-violence.jpg "domestic violence")

## How Can I Prove My Innocence On A Domestic Violence Charge? 

When you’re accused of a crime, you have nothing to prove as an accused. The state has the burden of proof in all criminal cases, it’s the state’s obligation to present evidence that a jury would use to enter a finding of guilt. In a domestic violence case, it is the state of Texas versus the accused. In a domestic violence case, the victim will be the primary witness for the [state of Texas.](https://www.texas.gov/)

The gentleman that asked me this question, to begin with, was alone in an apartment with his wife, and she accused him of domestic violence. The neighbors heard screaming, but there were no actual witnesses. It was a neighbor that called the police to the scene. His question was, how can I prove my innocence?

There is no burden of an accused party to prove his or her innocence. His situation is what we call he said, she said. This was a potential new case, the man was calling me because he had been accused, and needed representation. I have not seen any evidence, but I went through it with him and explained that the officers likely had body cams on when they were interviewing her.

If she is claiming any physical injury, the officers would have it on bodycam and would likely have taken pictures of any supposed injuries. In other words, the officers are trying to collect enough evidence for the state of Texas to initiate a prosecution.

I can’t comment on the evidence I have not seen. However, if someone claims that you hit them in the face, there’s going to be some indicator, it’s going to be red, it’s going to start bruising, it’s going to start swelling. The other important thing is when the officers are wearing body cams, we look at the person’s demeanor, are they scared, are they hysterical, or are they just flat?

These are some of the things that we go through in analysis to try and determine how we’re going to proceed on domestic violence cases. Because the accuser is going to be the primary witness for the state of Texas, we would have the opportunity to cross-examine that person and ask all these questions.

For example, we might ask; You said he hit you, under your left eye, why don’t we see any bruising? Why don’t we see any swelling of the eye? Why don’t we see any redness? If you were so scared and so hurt, why aren’t you showing any emotion when you’re being interviewed?

All these types of things go into analysis. Here in my office, we had a case where a gentleman was accused of assault and the woman called the police later on after the incident had occurred. She walked away from the situation at first.

The odd thing was, and my client had alcohol in his system which was obvious in the video. So when we finally got the body cam, there were two critical things worth noting. One was that she told the officers he didn’t hit her. Then the next thing that was critical on the body cam was that the officer was trying to defuse the situation, and she says “Oh it’s okay I’m not afraid of him. If he keeps acting like this, I can just sleep on the couch or something, I just won’t sleep with him.”

So obviously, we were able to get that case dismissed.

The bottom line is that there is no duty that you have, as the accused, to prove your innocence. The burden of proof never shifts to the defense. It stays on the state through the entire trial and the entire proceeding.

If you have been charged with domestic violence or even falsely charged or accused of domestic violence contact Mark Diaz & Associates so one of our [Galveston County domestic violence lawyers](/domestic-violence/) can assist you.

**Categories:** Domestic Violence

**Tags:** domestic violence

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### [Galveston Criminal Attorney Discusses Common Arrests During Holidays or Events](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-common-arrests-during-holidays-or-events/)

**Published:** October 19, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![holiday crime](https://texascriminaljustice.com/wp-content/uploads/2021/10/holiday-crime.jpg "holiday crime")

## What Are Some Common Offenses Charged On Holidays or During Events?

It kind of depends on the holiday or type of event that’s happening on Galveston Island or in [Galveston County](https://www.galvestoncountytx.gov/). Thanksgiving is coming up, which is a holiday weekend. On Thanksgiving weekends, we typically see a slight increase in two types of cases.

One is alcohol-involved offenses, driving while intoxicated, etc. A lot of people get together, and when the family gets together, they start drinking for Thanksgiving, and then they drive home and get pulled over for a DWI. The other increase we see over a holiday weekend like Thanksgiving is in domestic violence cases.

As some of you know, sometimes family members don’t get along too well. So, when they all get together for a family event, things can happen. Sometimes the police are called. That’s something we see a lot of. It’s the same for Christmas. The same two types of offenses for the same reasons.

For New Year’s, it’s mostly a spike in driving while intoxicated cases. Also, during New Year’s celebrations, we see people shooting guns instead of fireworks. Which is also common on the Fourth of July. We see some gun cases charged as a result. Fourth of July is also a big driving while intoxicated weekend. They usually put extra officers out on patrol, specifically for DWI Task Force operations.

The same goes for certain event weekends. Like the biker rally, most of the cases we see come out of the biker rally are intoxication cases. There are occasionally some fights and whatnot, but it’s not anything out of control. It’s more alcohol-related cases after the biker rally.

Same thing with Jeep weekend or go topless weekend over on crystal beach. It’s mainly intoxication cases, however on that weekend, it’s more of a broad range. They’ll do a lot of minors in possession of alcohol. A lot of public intoxications, and DWI’s. People sometimes forget that the beach is a highway. So, if you’re on the beach and driving while intoxicated, you can easily pick up a DWI.

There have also been a couple of unscheduled events on Galveston that caused an increase in offenses. There was a SLAB car event and the city of Galveston tried to get on top of that. It resulted in a lot of traffic citations for vehicles with illegal equipment, but we didn’t see a lot of arrests come out of that.

Mardi Gras is another big intoxication weekend, where you see a lot of cases filed for alcohol-related offenses. The common theme is if it’s a big holiday weekend, or an event that has a lot of people drinking alcohol, we do see a lot of alcohol-related arrests. If it’s an event that gets families together, then we see an increase in domestic violence cases.

Mark Diaz & Associates are experienced [criminal defense attorneys in Galveston County Texas](/). If you have been charged with a crime call (409) 515-6170

**Categories:** Holiday Crimes

**Tags:** crimes during events, holiday crimes

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### [How Severe Are Drug Possession Charges in Texas?](https://texascriminaljustice.com/how-severe-are-drug-possession-charges-in-texas/)

**Published:** October 22, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2021/10/1_Diaz_drug-possession.jpg "drug possession")Texas has a reputation for being tough on crime, and Texas drug possession laws are a prime example of how members of the criminal justice community crack down on offenders. Police and prosecutors aggressively pursue these cases, so drug possession charges are most definitely a serious matter in the Lone Star State. In the context of the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.001), there are two ways of putting the severity of the crime into perspective:

1. Whether the offense is a misdemeanor or felony.
2. The potential punishment for a conviction, including incarceration, fines, probation, and other sanctions.

These factors are obviously interconnected since the penalties for a conviction on felony charges will be harsher than misdemeanor possession. However, there is much more to consider when answering the question: “How severe are drug possession charges in Texas?”

Most people don’t understand the many ways a conviction can change their lives. As with any criminal matter, it is critical to retain a [Galveston County drug crime lawyer](/drug-possession/) as early in the legal process as possible. Some background information may also help you understand what to expect with drug possession cases.

## **Overview of Texas Drug Possession Laws**

The starting point for drug cases is classifying the illegal conduct; drug laws in Texas distinguish the manufacturing and trafficking of drugs as well as drug possession. Other important factors include the characterization of the drug itself. To this point, Texas States’ system is similar to the federal system of schedules when classifying controlled substances.

In general, the Penalty Groups are based on the drug’s potential for abuse, the risks of addiction, and whether or not the controlled substances have a currently accepted medical use. For instance:

- The most serious drugs fall within Penalty Group 1, including cocaine, heroin, and methamphetamine.
- Penalty Group 2 includes mushrooms.
- In Penalty Group 3, there are numerous substances that are available by prescription.
- There are some over-the-counter medications and other prescription drugs in Penalty Group 4, such as codeine and opium.
- Marijuana is a separate category as described below.

To obtain a conviction for drug possession in Texas, the prosecution must prove that you had possession (or care, custody, and control) over a controlled substance that is illegal. These essential elements raise important issues about the state of mind, as well as actual or constructive possession.

**Additional Factors in Drug Possession Cases:** With the above summary of [drug possession laws in Texas](http://lcle.la.gov/sentencing_commission/Resources/I%20E.%20TX%20Drug%20Laws.pdf) in mind, you should also keep in mind the following considerations:

***Marijuana***

Pot is not included in any Penalty Group, making up a category all its own when it comes to drug possession charges in Texas. Texas has followed many other U.S. states in slightly decriminalizing marijuana, but as of now, possessing marijuana in Texas still remains a crime. Depending on the amount and the activities related to it, the severity of the charges can elevate quickly.

***Federal Drug Charges***

Though Texas has its own laws on drug possession, some cases can lead to federal drug charges. If you were on federal property, crossed state lines while in possession of a controlled substance, or do some act that would otherwise trigger federal criminal jurisdiction, your case could end up with the feds. If so, the criminal process works according to Schedules under the US Controlled Substances Act.

***Possession and Other Drug Crimes***

Aside from the Penalty Groups, charges for Texas drug crimes can also be based on the circumstances surrounding an arrest. To illustrate:

- You could face drug trafficking charges if you are in possession of drugs that weigh more than a certain threshold and you also at the time possess large amounts of cash.
- In addition to large amounts of drugs in your possession, you could be arrested for manufacturing when there are also indications that you are packaging, producing, growing, cultivated, or otherwise selling/distributing the drugs.

## Penalties for Drug Possession Charges in Texas

Punishment for a conviction depends on many things, starting with the type of drug within the Penalty Groups and the amount. These factors will determine whether you face a felony or misdemeanor charge.

In addition, past convictions and aggravating factors will also affect the severity of drug possession charges. To summarize the range of punishment:

- At a minimum, you can expect a drug possession charge to be Class B Misdemeanor. If convicted, a judge could sentence you up to 180 days in jail and/or up to a $2,000 fine.
- For Class A Misdemeanor drug possession, you face a maximum of one year of incarceration and/or fines of up to $4,000.
- When you are found in possession of any amount of a Penalty Group 1 controlled substance, you will be charged with a felony. Any amount less than 1 gram is a State-Jail Felony, meaning you’re looking at a minimum of 6 months in a State Jail and up to 2 years. This could also include a fine up to $10,000.
- For amounts between 1 to 4 grams of a Penalty Group 1 substance (Third-Degree Felony), you face a minimum of 2 years in prison and up to 10 years, and again a fine not to exceed $10,000.
- For a Second-Degree Felony, 4 to 200 grams, your punishment range is from 2 years and up to 20 years in prison.
- The most severe penalties for drug possession in Texas are punished as First-Degree Felonies and also enhanced First-Degree charges. If convicted, the punishment will be at least 5 years in prison and the max is life in prison. If the charge is enhanced, then you could be looking at a minimum of 15 years in prison.

### Do Not Underestimate Collateral Consequences

While much of the focus is on the penalties for a conviction, it is important to realize the non-criminal ramifications of drug charges. Even after you serve your criminal sentence, pay fines, and meet other conditions established by the court, you will likely encounter additional challenges by way of collateral consequences. These factors must be considered when you think about the severity of drug possession charges in Texas. Some examples of the collateral consequences of drug charges include:

- Losing your right to vote indefinitely – convicted felons cannot vote.
- Your driver’s license could be suspended or revoked.
- Any professional or business licenses you hold could be revoked, or you could be ineligible for applying for new licensing.
- A court could find grounds to terminate your parental relationship with minor children.
- There may be challenges with employment when a misdemeanor or felony conviction for drug possession appears in a criminal background check.

## Timeline of a Drug Possession Case

The above information on the severity of drug charges may make your situation look somewhat grim, but always remember that you are innocent until proven guilty. There may be defenses or strategies to fight the charges. To understand how they work, you might benefit from reviewing some information on the stages of a drug crimes case:

1. An arrest is often what triggers the criminal process, though a drug possession case may come through indictment if government officials have been investigating. Immediately upon being charged or becoming aware that you are the target of an investigation, contact an attorney. You have rights during investigations when questioned by police, and whenever you are in custody.
2. There is a lot of activity during the pretrial phases of a drug possession case. Issues at this stage may revolve around whether the prosecutor has enough evidence to prove guilt beyond a reasonable doubt. With a weak case, you may be able to get the charges dropped, or working out a plea bargain is also usually an option. There can be key questions about whether the State can prove possession, which may lead the prosecutor to be more willing to consider a plea agreement. In cases where evidence of possession was obtained in violation of your constitutional rights, your Galveston County drug crime lawyer may have grounds to ask the court to exclude the evidence and if the court agrees, the evidence cannot be used against you in the prosecution. At times, this may lead to a dismissal of the charges.
3. You will have plenty of opportunities to fight drug possession charges at trial if they have not already been resolved by reaching a plea agreement, or some other disposition. If the case goes to trial, then the burden of proof is on the State, meaning the prosecution must present its case-in-chief in an attempt to prove guilt beyond a reasonable doubt. Your attorney will leverage strategies to instill a question in the minds of jurors, possibly leading to an acquittal if the prosecutor cannot prove essential elements.
4. Once the prosecutor rests, your lawyer may proceed with presenting defenses to drug possession charges in Texas. Lack of intent, insufficient evidence of possession, and other strategies that may be effective in fighting the charges.

## A Galveston County Drug Possession Defense Lawyer Will Fight for Your Rights

Hopefully, this information on the laws, penalties, and collateral consequences provides you with some guidance on the severity of drug possession charges in Texas. The most important takeaway here is realizing that you must retain skilled legal counsel for assistance in fighting the charges.

To learn more about how our team can help obtain the best possible outcome, please call Criminal Defense Attorney Mark Diaz. You can schedule a no-cost consultation by calling (409) 515-6170. Our [Galveston County drug possession defense attorneys](/drug-possession/) represent clients throughout Galveston County and Greater Houston, so we are prepared to take on your case.

Mark Diaz & Associates is a Criminal Defense Law Firm Located in [Galveston, Texas](https://www.galvestoncountytx.gov/) representing clients throughout Galveston, Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, League City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

**Categories:** Drug Possession

**Tags:** Criminal Attorney, Drug Possession

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### [Galveston Criminal Attorney Discusses Impact of Pandemic on Criminal Justice System](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-impact-of-pandemic-on-criminal-justice-system/)

**Published:** October 27, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![COVID](https://texascriminaljustice.com/wp-content/uploads/2021/10/COVID.jpg "COVID")

### How Has the COVID Pandemic Affected Criminal Cases? 

And, you know, this topic came from an article that I read that tracked crime statistics across several large states in the United States, trying to determine what effect, if any, COVID had on those statistics. I’ll talk about that a little bit, but I am also going to talk about how it’s still affecting, has affected, and may continue to affect us.

As far as affecting crime statistics in Galveston County, it only saw a dip. In the very beginning when we had massive shutdowns, local agencies were given directives not to arrest people for petty offenses. Unless there were some extenuating circumstances. The reason behind that, was because they didn’t want the pandemic spreading through the jail, and they wanted to limit exposure as much as possible.

In the beginning, when we had that situation, you saw a lot of petty crime not being charged as much. I remember from back then watching bodycam footage of officers, and sometimes the accused, being concerned about being within six feet of a suspect, or the suspect demanding that the officers give him his six feet.

### Trial Backlog In Galveston County

We have well moved on from all that. We do not see it in Criminal Defense much here in [Galveston County](http://www.galvestoncountytx.gov/) anymore. The effects that we are kind of still dealing with, and I don’t know what that’s going to continue to look like, is pretty much all the courts. We have a trial backlog because there was a time when it was irresponsible to have a lot of people in the courthouse, and certainly not to have jury trials. So, we could not have any, which means that trial cases just kept backing up and backing up.

Some courts have a trial backlog through no fault of their own, just because of the volume of cases that were unable to be dealt with because of the pandemic. As a result, during the height of the pandemic, our district attorney’s office was pretty good about working out cases that could be worked out, and getting people either out on bond, or plead to reduce the jail population.

A lot of the cases that my office has currently sitting on trial dockets are all serious offenses, where people are potentially facing a very large amount of time. While the delay is certainly uncomfortable, it’s not necessarily affecting some of my clients because of the nature of the charges that they’re facing. The potential sentences that could result.

People ask me all the time how long I think their case is going to take to get to a resolution and at this point, we don’t have an answer. I don’t know when we’ll ever get back to normal operations in the courthouse. The courts have resumed jury trials here, but we still can’t pack people into the jury assembly room like we used to. So, they’ve split up the dockets where this court can pick a jury on a Monday, but then the next court can’t pick a jury until Tuesday, and so on.

### Courts Still Making Room For Social Distancing

Whereas before, we might have three courts in the courthouse all going to trial at the same time, because we could pack all those people into a jury assembly room and end up with several jury panels going to each court for their jury selection. Due to the pandemic, we’re still not able to do that. They have made the jury assembly room socially distanced. That means only one court can use the facility at a time, which means that we won’t have multiple trials going on in different courts unless we can get to a point where we can utilize that space again.

The courts are now still making room for the jurors to be socially distant, right before the last call away with the COVID spike in numbers, which was before the fire that affected the courthouse, there were two courts that had their juries sitting back in the jury box like normal. In those cases, the judge of each court asked each juror individually if they were comfortable with that, and made it clear that if they were not, they could be spread out or distant. In those trials, that I’m aware of, the juries all said no it’s fine.

Now that we’re coming out of that most recent wave of infections, I don’t know what it’s going to look like until trials start happening again. We just continue watching the daily numbers to see what’s going to happen. It is the same way with the in-session court right now. Some courts allow people to appear in person. Some courts prefer not to have courtrooms full of people. We just have to know which court is taking what position all the time so we can properly inform our clients.

On the opposite side, there are courts right now issuing bond forfeitures for people that don’t appear. On the other hand, some courts are not, depending upon the attorney’s communication with the client and communication with the court.

### How Do You Handle COVID Positive Clients?

We have had several instances where we’ve had COVID positive clients, but they were able to get us medical documentation that we presented to the court and of course, the court accepted it and did not make that person appear. Which is helpful. If I have a COVID-positive client, I do not want them to come to court because I don’t want to be around them.

I don’t think I’ve heard of any court forcing someone to come to the courthouse that had proof of a positive COVID test. I think there was an issue with one court where someone showed up with symptoms or a high temperature. I have had a client who was denied entry to the courthouse. He either had a high temperature or was previously exposed to the virus.

The deputies in the front doing security radioed up to the bailiff of that court and let them know that my client was being denied entry because of COVID screening. They told him to leave and obviously, the judge let me get that individual a new court date.

From what I can tell the county is trying to be as proactive as possible, especially when it comes to keeping everyone safe. Since we had gotten to the point, before the last spike, that everything was normal, or at least certain judges were trying to get back to as much normal as possible, now with flu season coming up, I don’t know what it’s going to look like.

### Arrests For Petty Crimes Dropped

When people want to know how COVID has affected the criminal justice system, I think in the very beginning, before everyone knew what to do, or how to deal with it, and hadn’t started practicing social distancing, there was a slight decrease in certain arrests of petty crimes. Not the big crimes, they were still being arrested and jailed. However now that has gotten back to normal, as I said, courts have now again started jury trials in Galveston. So, it’s moving forward.

Each court is trying to hone down on their trial cases and what is actually going to go to trial, so that we don’t waste any potential jurors’ time, or our time. I guess you could say the courts are being selective about which cases are being tried. It’s sort of the general opinion that the more important cases need to be tried because they’ve been waiting for so long.

As well as the people in custody need to be tried because they have been in custody for so long waiting for this trial. Being in custody does cost the county money. Whether a person is released because of their innocence, or on bond, or if they move on to another facility like a prison, the jail likes it when people leave, because it’s costing the county money.

How long will it take us to get back to normal court operations? I don’t know. I don’t even have a very creative answer on how we clear out the existing dockets, because like I said, from what I can tell, at least in my practice, there are not a lot of garbage cases on the trial docket. They’re all cases that need to be tried by a jury. We just must keep going like this until we can get through these trials.

## Contact Mark Diaz & Associates

If you have been charged with a crime in the Galveston County area or nearby [contact the Galveston County criminal defense lawyers](/landing-form/) at Mark Diaz & Associates to discuss your case at (409) 515-6170.

**Categories:** COVID Pandemic

**Tags:** COVID pandemic

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### [Implied Consent in Texas and How it Can Affect Your Criminal Case](https://texascriminaljustice.com/implied-consent-in-texas-and-how-it-can-affect-your-criminal-case/)

**Published:** November 18, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![implied consent](https://texascriminaljustice.com/wp-content/uploads/2021/10/implied-consent.jpg "implied consent")**Texas DWI Laws**

Even if you cannot recite the specifics, you know that Texas laws on driving while intoxicated (DWI) are harsh. You could be charged if you are operating your vehicle (or in other words, driving or any other action that enables the car to function) in violation of the statute. Police may arrest you:

- If your blood alcohol concentration (BAC) was in excess of .08 percent, as measured by a legally compliant chemical test.
- When you do not have normal use of your mental or physical capabilities, according to the subjective impressions of arresting officers.

After an arrest, you could be subjected to administrative penalties that impact your driver’s license. Because drunk driving is also a criminal offense, there are sanctions if you are convicted of DWI. A first-time offense could lead to jail time and fines, and the severity of the punishment increases with subsequent convictions.

Many motorists assume that the best way to fight DWI charges under such circumstances is to simply refuse to give the prosecution what it needs to convict: a blood, urine, or breath sample. Not surprisingly, lawmakers anticipated this move and responded by enacting [Texas’ implied consent statute](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm). Refusing to provide a specimen can lead to criminal charges in addition to drunk driving.

If you were arrested for DWI and refuse to blow or provide another sample for chemical testing, it is critical to retain a [DUI defense lawyer in Galveston](/dwi-charges/) for assistance with the complicated legal concepts. A summary will also help you understand implied consent in Texas and how it can affect your criminal case.

**Texas Implied Consent Overview and Special Considerations**

Every US state has a law that presumes motorists agree to a chemical test under certain circumstances, making consent to providing a breath or blood sample a condition of being able to exercise the privilege of driving.

In Texas, the implied consent law applies whenever an officer makes an arrest based upon probable cause that the driver is intoxicated by alcohol or controlled substances. Refusing to submit to testing is a violation of the implied consent law, punishable as described below.

There are a few factors to note about the application of the statute:

- Law enforcement must first have a reasonable suspicion to pull you over for drunk driving, such as for a violation of traffic laws. Then, officers must have probable cause to arrest you for DWI. It is only after an arrest that your consent to testing is presumed.
- Police cannot force you to take a blood or breath test. But, your refusal will trigger potential penalties to your driver’s license, even though officers must respect your refusal.
- Once under arrest and law enforcement seeks a chemical test, police must warn you of the consequences of refusing to provide a sample.

Law enforcement has the ability to obtain a search warrant for a person’s blood essentially forcing a motorist to provide a sample. While this can happen in any DWI case, there are instances in which a search warrant is almost a certainty, such as when the driver:

- Caused an accident that led to serious injury or death.
- Was previously convicted for causing a DWI accident that led to death or injuries.
- Has two or more prior convictions for drunk driving.
- Was convicted of DWI with a child in the vehicle.

**How Implied Consent Works in a Texas DWI Stop**

With this summary of the law in mind, you can better understand its application by reviewing the timeline of a typical encounter with police.

***DWI Stop:*** If officers observe you operating your vehicle in a way that makes them suspicious about drunk driving, they have grounds to pull you over.

***Encounter with Police:*** After pulling you over, officers will assess your condition to determine if they have probable cause to make an arrest. Examples of factors that support probable cause include:

- Bloodshot eyes, slurred speech, and related physical traits.
- Impaired gestures and movements, such as difficulty getting out your driver’s license and insurance information.
- Poor performance on standardized field sobriety tests, such as the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Legged Stand.

***Portable Breathalyzer Tests:*** In some cases when police are on the verge of having probable cause for your arrest, they may request that you submit to a breath test on a portable breathalyzer device. This situation is NOT covered by Texas’ implied consent law, so officers cannot force you and there are no consequences for refusal. However, from a practical standpoint, the results of the portable breath test are not admissible in trial but your refusal may be used as evidence of your guilt.

***DWI Arrest:*** Once under arrest, officers must take you to a controlled environment to conduct an approved chemical test of your blood, urine, or breath; typically, this will occur at a hospital or the police station. When seeking a specimen from you, police are required to inform you about the Texas implied consent law and the consequences for violating it with your refusal.

***Consulting with Counsel:*** You have the right to speak to your criminal defense attorney in Galveston at any point along the timeline of a DWI arrest; however, there is no requirement that you be allowed to consult with a lawyer before taking the test. In other words, you should absolutely contact legal counsel immediately, because the result of a chemical test will NOT be disturbed if you do not exercise your right.

**Penalties for Refusal to Take a Chemical Test**

Texas implied consent law falls under the Transportation Code, so a violation affects your driving privileges; unlike a DWI that carries both administrative and criminal penalties, a refusal is not a crime. With a first-time refusal, your driver’s license will be suspended for 180 days; subsequent incidents will result in a suspension of your driving privileges for two years.

The tricky issue with implied consent laws is that your refusal could still lead to a conviction for drunk driving, despite the fact that police do not have evidence of your BAC. Recall that you could face DWI charges for operating your vehicle while impaired by alcohol or drugs.

The police can testify regarding a driver’s intoxication based upon their subjective opinion, which may be sufficient for a drunk driving conviction. In such a case, you face the driver’s license suspension designated by the implied consent law AND the sanctions for DWI:

- A first-time DWI is a Class B Misdemeanor, so you face a minimum incarceration term of 72 hours and a fine.
- A second DWI is a Class A Misdemeanor, for which you could be sentenced to 30 days to one-year imprisonment.

**Defenses and Strategies for Leveraging Implied Consent**

The penalties for refusing to provide a breath or blood sample are serious, but you must also balance the sanctions against what you face if convicted on drunk driving charges. Plus, it is also necessary to consider the defenses available under both implied consent and DWI laws. Your criminal defense attorney in Galveston will advise you on options, but keep the following points in mind:

- If you do provide a specimen after being arrested for DWI, you are allowed to obtain another chemical test from a health care provider of your choosing. In some cases, this may be an advantage for showing discrepancies in the testing equipment used by law enforcement.
- You still have ways to contest your BAC. A breath or blood test must be conducted in a scientifically proper manner and the machines that ultimately test for alcohol must be in compliance with regulations regarding calibration, maintenance, inspections, and manufacturer’s warranty.
- Another strategy for fighting BAC results is by exposing compliance issues related to the operator of the breathalyzer or other machine. The law enforcement administering the test must have proper, up-to-date credentials established by law.
- The penalties for a first-time DWI are severe, but Texas does allow for a process termed deferred adjudication in drunk driving cases. If you qualify, you will enter a guilty plea to the charges and the prosecutor will recommend that the court put you on probation. Once you complete the terms set by the judge, the charges are dismissed. No conviction appears on your criminal record. Additionally, you may be eligible for a non-disclosure which would seal the record of this incident from the public and private entities. However, it can still be used against you if you are subsequently arrested for drunk driving.
- In some DWI cases, it may be possible to work out a plea bargain with the prosecution. You might benefit from the charges being reduced to a “wet reckless,” which is essentially reckless driving. The offense is considered an unclassified misdemeanor, punishable by up to 30 days in jail, a maximum fine of $200, or both.

**Discuss Your Options with a Criminal Defense Lawyer in Galveston**

It is useful to review basic information on implied consent in Texas and how it can affect your criminal case, but in-depth knowledge and extensive experience are essential for fighting the charges.

For more information on how Criminal Defense Attorney Mark Diaz advocates on behalf of individuals in Galveston County and Greater Houston, please call (409) 515-6170 to [set up a case evaluation](/landing-form/). Once we review your circumstances, a Texas criminal defense lawyer can advise you on strategies and next steps.

**Categories:** DUI Defense Lawyer

**Tags:** DUI, DWI, implied consent

---

### [Galveston Criminal Defense Attorney Discusses White Collar Crime](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-white-collar-crime/)

**Published:** November 6, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![white collar crime](https://texascriminaljustice.com/wp-content/uploads/2021/11/white-collar-crimes.jpg "white collar crimes")

##  **What Is White Collar Crime?**

The easiest way to put it is that white collar crime generally involves some type of fraud. It generally has a financial motive. There are a lot of ways to commit what people call white-collar crimes. What is important to note is that white-collar crime isn’t a section of law. The term, white collar crime, was [first defined by the sociologist, Edwin Sutherland](https://www.britannica.com/biography/Edwin-Sutherland), in 1939. He defined it as a crime committed by a person of respectability and high social status in the course of their occupation.

However, if you look in the Texas codes or the federal codes, both big books, there’s not a section for this. It’s just a term used to describe the way people perceive certain offenses. We see a lot of different types of crimes that you would classify as white-collar crimes.

### Embezzlement

A simple example that we’ve seen locally, a couple of times in recent years, is someone who works for an employer, and over time, has taken money from their employer without their employer’s knowledge. I’ve seen that as complex as having someone create a company that supposedly provides a service to the company they work for, and then submitting those invoices and having them paid to the company.

While it’s the individual who owns that company and is pocketing that money. I’ve seen it as simple as someone has the checkbook in the office, and they just start paying their own bills with company money. Shockingly to me, in that case, it went undetected for several years. By the time the employer found out, it was a very large sum of money that had been stolen.

The reason I say that is shocking to me is that you would think that a company doing business on the volume that they were would have had an accountant or someone flagging what certain expenses were, I have always used an accountant. My accountants certainly have always asked me anytime they come across what they thought was a strange charge. For me, it’s usually me paying for something and not classifying it. I’ve never had anyone that worked for me abusing any of my financial systems. That should give you sort of an overview of what we’re talking about when we see people charged with white-collar crimes.

### Fraud

Locally, we kind of see an uptick in white-collar crime after natural disasters. I remember I had one case of that nature after hurricane Ike. It turned out to be one of many that happened after Hurricane Ike. I had a young man as a client who filled out false information on his FEMA forms and applications to get financial assistance. It was later discovered because, in his case, it was the address where he was claiming that he lived. When the true homeowner made their claim, FEMA said wait a minute, we’ve already paid on this claim.

Then it was discovered that my client’s claim was a fraud. I’m trying to think of an instance where it would not be a financial incentive behind a white-collar crime, and I just can’t think of one. Almost every case I’ve ever been involved in, that you would call white-collar, had some aspect of financial gain for someone, even if it wasn’t necessarily the person charged.

### Identity Theft

Recently, we’ve seen an uptick in the postal service side of white-collar. Also classified as white-collar crimes can be identity theft. There have been many cases in the region of people taking mail and then washing checks. Washing checks is a process whereby if you apply certain chemicals, you can remove what a person has written on a check and make the check payable to someone else. Also, credit cards that are shipped in the mail, things like that, can be altered.

Generally, that’s considered white collar, though, because it involves the Postal Service inspection. I’ve had a case where my client had somehow gotten the master key for the Postal Service, for neighborhood mailboxes in the master plan communities. They had gotten a master key, and would just open it from the back where the mailman does, and steal all the mail. That was for financial gain.

On the identity theft side, I’ve had someone finance a car in someone else’s name. The victim in that case, whose credit was being used to finance the car, didn’t even know until they were alerted by law enforcement. Sometimes the crimes can be fairly complex, to the point that it takes a lot of investigation to get to the bottom of it. In some of these cases, the evidence is pretty shocking how clever people are. Sometimes it’s so simple that you don’t know how they got away with it.

### Punishment For White Collar Crimes

Another thing people ask or people perceive is that white-collar crimes are punished to a lesser degree than many other crimes. If you’re looking at the numbers, I understand why people think that. However the flip side of that is the average white-collar criminal is usually middle-aged, never had a criminal history, and is only in the position to do what they’re doing because they’re in a position of trust.

Looking from the outside it would seem like maybe some of the sentences are light, but when you take into consideration all the collateral consequences that a person would seek, like loss of career, loss of everything, a shorter sentence seems to make more sense. It’s not the type of crime that is usually going to be repeated. The person has no prior criminal history, they saw an opportunity and took it.

From a punishment standpoint, that’s different from the person who decides to take a gun and rob a store or some crime like that. So, it’s typically perceived that white-collar criminals are punished to a lesser degree. In my opinion, that is not the case. What I’ve found is that it depends on the underlying offense, whether it becomes a state crime or a federal crime. When I gave the examples talking about white-collar crimes we have seen locally, where employees were caught taking money from the company without the company’s knowledge.

Usually, those remain state cases and do not go federal. The ones that typically go federal, are the more complex. Money laundering is another type of white-collar crime. The schemes get fairly complicated and use banking institutions, wire transfers, and that type of stuff. Those are usually charged federally because it took more than a local agency to investigate it.

## Is White Collar Crime Prosecuted Locally Or Federally?

If someone was stealing from me in my office, the Galveston Police Department could easily investigate that and close the case. Whereas if there were some kind of fraud going out of here, that was through the internet and going out of the country or out of state, that takes so many more agencies that usually goes federal because they have more resources than just a local department. So it kind of depends on the offense that is committed to determine whether or not it is going to be charged locally or federally.

## Income Tax Fraud

Another big chunk of white-collar crimes that happen at a certain time of the year is income tax fraud. People committing fraud to get returns that they’re not due. Another aspect of that is these tax preparation services making fraudulent returns for people. Those offenses pick up a lot when income taxes are due. White-collar crime generally involves fraud for monetary gain.

## Phone Scams

We all get phone calls that we don’t want. The way that you can easily tell it’s a bogus phone call is when they’re calling from a spam number. I’ve had car dealerships show up as the caller ID, but then it’s someone wanting to talk to me about my social security. I know it’s a scam when they can’t even call me from a legitimate number.

## Contact Our Galveston White Collar Crime Attorneys

Every white-collar criminal case is unique. And given the depth and variety of possible charges, it is impossible to briefly list every possible defense that may arise. But here are some of the issues we look at when representing a white-collar client:

- Did you act with criminal intent? For instance, while tax evasion is illegal, making an honest mistake on your tax return is not a crime. The prosecution must show you acted with some illegal intent.
- Was there duress? Were you effectively forced to commit the crime by a third party who was really in control?
- Were you physically or mentally incapacitated–say, due to intoxication–at the time the alleged crime occurred?
- Was this a case of entrapment? While law enforcement is allowed to conduct undercover operations to apprehend suspects, the government is not allowed to convince you to commit a crime that you otherwise had no intention of committing.

Even in cases where the evidence against you may seem overwhelming, a qualified defense attorney can still assist you in negotiating a possible plea agreement with the prosecution. Indeed, most white-collar criminal cases are resolved this way. In some cases, prosecutors may agree that a defendant will serve little or no jail time in exchange for their cooperation with a larger investigation.

This is why it is always in your best interest to work with an experienced Galveston white-collar crime criminal defense attorney, even if you are simply under investigation and have not yet been arrested and formally charged. [Contact us today to schedule a free consultation](/landing-form/) so we can sit down and learn more about your situation and how we may be able to serve you.

**Categories:** White Collar Crime

**Tags:** white collar crime

---

### [Galveston Criminal Attorney Discusses His Criminal Defense Law Practice](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-his-criminal-defense-law-practice/)

**Published:** November 18, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/11/criminal-defense-lawyer.jpg "criminal defense lawyer")

## Mark Diaz and Associates

I don’t have a typical topic today like I often do. Usually, I’ll take a question from someone and try to answer it in the context of criminal law. Today, I want to do something a little bit different. Which is to talk about our office, what it is that we do, and who I have working with me here.

This was brought on by someone asking me the question, well, why should I hire you? And that’s a legitimate question. I’ve always said, I think that when you’re going to hire an attorney, you should go sit down with that attorney, talk to them one on one, and see if it seems like a good fit. So I just want to talk a little bit about our operation and how we do things here. Mark Diaz and Associates.

First of all, I have said this before, and it’s important to me, not all attorneys who practice criminal defense have an office. There are plenty of what I call trunk lawyers, which means their office is in the trunk of their car. It’s not to say any of them are bad lawyers or good lawyers. It’s just what it is. I don’t think that would work for me, I want to be able to sit down in an office and go over evidence, view videos, etc… which kind of brought on another thing.

Recently, someone was in here, talking to me about their case, and looking to potentially hire me for their case. They had recently had a different case and had a good lawyer. I was asking some questions about the previous case, specifically about what should have been some video evidence in that case, and they said, well, we never got to see the video. I was confused. What do you mean, you didn’t get to see the video?

They said, well, he doesn’t have an office here, and we were never able to go to Houston, to see the video evidence. That just kind of bothered me, I guess you could say, because, as an accused, you want to be able to see the evidence against you. You should want to go over the evidence and evaluate the case with your lawyer to determine what the best course of action will be.

So, yes, I have an office. My building is just across the street from the[ courthouse here in Galveston](http://www.galvestoncountytx.gov/). Here we have Karina, who’s our receptionist, and we have two other lawyers here. We have [Jessica Ebbs](/team_member/jessica-ebbs/), and [Thomas Overhouse](/team_member/thomas-overhouse/), working alongside me. I have my office manager Shaylee, and then we have a new position that we’ve created. That is Melissa.

Melissa has two basic functions. One is that she reviews the evidence for us to give us reports that tell us what we need to pay attention to and what we don’t. Then the other thing that she does is the very thing I was just discussing, which is if you are a client and you need to view the evidence in your case, which sometimes can be a lot.

We have cases where up to five or more officers are responding to a scene, and you come here, you’ll set an appointment and Melissa will go through all your evidence with you. Then of course, if you have questions, you can meet with one of us after you have looked over the evidence.

We will be happy to discuss the case with you, and try to help you make the best decisions for you. We try to be as full service as possible. We have management software that allows you to log in and see information about your case, we can publish documents for you in there, you can upload documents to us. If you think that there’s something important that we need to consider in your case, you can text us through there, you can email us through our software, we try to make communication a priority. We’re here to try and answer any questions you have.

Like I said, this gentleman was asking me, why you? Why should I hire you? All I can tell you is that we try to do the best we can for all of our clients. We’re always here. If I’m not in a trial, I’m here in the office, we have plenty of people that just walk in to see us, and of course, we’re happy to talk. My answer to him was that if you hire me, my entire team is going to do all we can for you. You will never have any questions about where we are, or what we’re doing.

You can log in to our system and see it for yourself, or you can come here and ask questions, go through the evidence, anything you need to know about your case, we’re going to make it available to you. That’s a priority. I may look at a video and feel the need to give you my interpretation of how a jury is going to react. Some people look at a video of themselves and see what they want to see. Whereas I’ve been trying cases to juries for so long, I can look at it and tell you what the prosecution is going to point out, and what the jury’s perspective may be.

If we are dealing with something like that, you and I need to sit down and discuss it so you can have a better understanding of the situation. Depending on what the evidence is, I might recommend that we go to trial, or we take a plea. But before you make the decision, you need to have all of the information.

So that’s pretty much all I have for today. Just a quick recap of what we do here at the office. If anyone has any questions, like always, just email me during the week. Hope y’all have a good rest of your week.

-Mark Diaz

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Defense

---

### [Why You Need a Galveston DWI Lawyer If Charged With Drunk Driving](https://texascriminaljustice.com/why-you-need-a-galveston-dwi-lawyer-if-charged-with-drunk-driving/)

**Published:** December 7, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![drunk driving](https://texascriminaljustice.com/wp-content/uploads/2021/11/drunk-driving.jpg "drunk driving")It is not difficult to think of reasons people avoid retaining legal counsel for a Texas drunk driving case. Coming up with GOOD ones, however, is a challenge. Plenty will blame cost, while others believe they can go it alone when handling their defense. Plus, far too many individuals underestimate the severity of the charges for violating [Texas’ statute on Driving While Intoxicated](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm) (DWI). To debunk this misconception, consider the punishment for a first-time drunk driving conviction:

- DWI is a Class B Misdemeanor that includes a mandatory minimum sentence of three days in jail. A judge could order up to the maximum of 180 days in jail and a fine of $2,000 and an additional statutory fine of $3000.
- Your driver’s license could be suspended for up to one year.
- To get your license back, you must pay an annual fee for three years to retain it, for a total cost of up to $6,000.

This description of the harsh penalties should be enough to convince you why you need a [Galveston DWI lawyer](/dwi-charges/) if charged with drunk driving. However, consider another point: You are up against an experienced prosecutor who knows the laws, the process, and what it takes to get a conviction. To counter these efforts and defend your rights, you will need an attorney’s help with the following important tasks.

**Contest the Prosecution’s Case-in-Chief**

In any Texas criminal case, the burden is on the government to prove beyond a reasonable doubt that the defendant committed the crime. The prosecutor attempts to meet this standard by presenting evidence of the essential elements of the offense; in a DWI case, the prosecutor must have evidence that:

1. You were operating a motor vehicle.
2. You were in a public place.
3. You were intoxicated.

As the prosecution is presenting this evidence, your DWI lawyer will have the opportunity to cross-examine witnesses and exhibits. While there may be grounds to contest #1 and #2, some individuals arrested for drunk driving might dispute #3 based upon the specific definition: To prove “intoxicated,” the prosecutor must show that you:

- Had a blood alcohol concentration (BAC) of .08% or more as measured by a blood, breath, or urine test.
- Did not have normal use of your mental or physical faculties due to consumption of alcohol or a controlled substance.

If the drunk driving arrest was based upon your BAC, your attorney could challenge various aspects of the chemical test. For DWIs due to intoxication, the strategy might be disputing officers’ subjective opinions of your impairment level.

**Present Defenses**

Once the prosecutor rests, it is your turn to question witnesses and introduce exhibits that favor your position. There may be facts or legal issues that were not addressed during the government’s case-in-chief, so you will get the opportunity to make sure the court considers them as part of your defense. Some common strategies to fight DWI charges include:

**Fight the Roadside Stop:** Civil rights arguments may enter the picture based upon the circumstances under which you were pulled over. Police must have a reasonable suspicion that you are drunk driving before they can stop you; evidence of speeding, a traffic violation, or erratic driving will usually satisfy this requirement. Once they pull you over, officers must have probable cause to arrest you for DWI. Examples of probable cause include:

- Slurred speech.
- The odor of alcohol.
- Bloodshot eyes.
- Clumsy gestures.

**Challenge Field Sobriety Tests:** In some cases, officers will request that you perform tests of physical skill and mental agility to establish probable cause for an arrest. The most common standardized field sobriety tests include:

- The One-Legged Stand, which measures balance.
- Walk-and-Turn, a test of your mental ability to follow directions and physical ability to perform the test.
- The Horizontal Nystagmus Test, which assesses your focus and vision.

There are multiple opportunities to fight drunk driving charges based upon field sobriety tests, such as through evidence of poor weather conditions, low lighting, and other factors that impact your performance.

**Contest BAC Evidence:** You might assume that you cannot beat drunk driving charges when science is behind your arrest, but this is a misconception. It is possible to dispute BAC test results on such grounds as:

- Faulty breathalyzer device.
- Broken chain of custody with test specimens.
- Failure to calibrate or inspect the breathalyzer.
- Lack of credentials or training of the operator.
- Improper blood draw procedures.

In addition, your drunk driving attorney may also develop a strategy around a test that was obtained in violation of your rights, such as after you refused under the Texas implied consent law.

**Pursue Alternative Strategies**

Your situation may seem grim when you think the prosecutor has solid evidence and your defense options are weak. However, even when you cannot beat DWI charges entirely, you might be able to work out a strategy to minimize the impact.

- For a first-time DWI, you may qualify for Deferred Adjudication, which is similar to what you think of as probation. By pleading guilty and completing the terms set by the court, you can avoid having a drunk driving conviction on your record.
- In some cases, you might work out an agreement with the prosecutor to have the charges reduced to Obstruction of a Highway or Reckless Driving. The penalties for these misdemeanors mean a lower fine and less jail time as compared to a DWI; plus, you could keep your driver’s license.

Since the Texas law on Deferred Adjudication went into effect in 2019, fewer people rely on this strategy.

- With respect to the potential driver’s license suspension for drunk driving, you might also seek a hardship license as an alternative strategy. A conviction would still be on your record, and you cannot take this route after the first 30 days of the initial suspension period have lapsed. However, you would at least be able to drive to work and under other limited circumstances.

**Assistance with Complex Drunk Driving Charges**

A Galveston DWI lawyer is essential for many of the defense tasks for basic drunk driving charges, but retaining legal representation is even more critical for complex cases. The stakes are higher and the potential punishment is harsher under certain circumstances:

**Subsequent DWIs:** If you were arrested for drunk driving a second time, you face 30 days to 12 months in jail, a maximum fine of $4,000, and a driver’s license suspension of 2 years. For a third DWI conviction, you could be sentenced to a maximum of 10 years in prison and a $10,000 fine.

**Drunk Driving Accidents:** When your DWI arrest is linked to a serious car accident, felony charges may apply for even a first-time offense.

- Intoxication Assault, causing injuries through a crash, is a Third Degree Felony. A judge could sentence 2 to 10 years in prison and a $10,000 fine for a conviction.
- When a DWI collision leads to a fatality, you could be arrested for Intoxication Manslaughter. As a Second Degree Felony, a conviction is punishable by 2 to 20 years’ incarceration.

**DWI with a Child Passenger:** If you are arrested for drunk driving and there is a child under the age of 15 in the car, the charge is a State Jail Felony; however, the specific offense is child endangerment. A judge could order 180 days to two years’ imprisonment for a conviction.

**Open Container Drunk Driving:** It is a criminal offense to operate a motor vehicle with any vessel of alcohol in it when the seal is broken, the cap is off, or the container was otherwise already accessed. The crime is a Class C Misdemeanor punishable by a $500 fine.

**Questions to Ask Your Galveston DWI Lawyer**

Even knowing why you need an attorney for Texas drunk driving charges, you may not know where to begin with finding the right fit. It is important to do your homework when discussing your case with potential candidates to represent you. Getting answers to the following questions may help guide you in decision-making.

- **What is the primary focus of your firm?** You should ensure that your lawyer mainly handles criminal defense cases, including a large percentage of DWI cases. This helps you assess the person’s experience and dedication to helping those accused of a crime.
- **What are your initial impressions about strategy?** Early on, an attorney should be able to provide some information about fighting the charges, presenting defenses, and discussing a plea bargain.
- **Who will be my main contact person?** Make sure your lawyer will be the primary person you communicate with about your case. It is a red flag if you are only dealing with a paralegal or other support staff when trying to reach your attorney.

**Call Now to Set Up a Consultation with a Skilled Galveston DWI Lawyer**

The key takeaway from the above is that you level the playing field when you retain experienced legal representation to protect your interests. For more information on our legal services for individuals in Galveston County and Greater Houston, please call Criminal Defense Attorney Mark Diaz (409) 515-6170. We can set up a consultation with a [Galveston drunk driving defense attorney](/dwi-charges/) who will assess your situation and determine strategies for fighting the charges.

**Categories:** DWI Lawyer

**Tags:** drunk driving, DWI

---

### [In What Circumstances Can the State Prosecute Without a Victim?](https://texascriminaljustice.com/in-what-circumstances-can-the-state-prosecute-without-a-victim/)

**Published:** December 15, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![prosecution](https://texascriminaljustice.com/wp-content/uploads/2021/11/Diaz_prosecution.jpg "prosecution")Even if you do not have a background in law, you know that evidence plays a crucial role in the prosecution of a Texas criminal case. The prosecution needs it to obtain a conviction; Galveston County criminal defense lawyers require it to fight the charges. Evidence is so important that there are hundreds of provisions covering it in the [Texas Rules of Evidence](https://www.txcourts.gov/media/1448644/texas-rules-of-evidence-updated-with-amendments-effective-612020-f.pdf), but two, in particular, are fundamental to criminal law:

1. Only relevant evidence is admissible.
2. Evidence is only relevant if it tends to make a fact that is of consequence to the case more or less probable than without it.

Together, these rules open the door to an almost infinite cache of information that the parties can use to prevail over the other side. As you can probably guess, testimony is central to getting this evidence into the courtroom. The prosecutor and defense counsel conduct examinations and cross-examination to achieve this goal. The answers to their questions become part of the record and what the jury will consider during deliberations.

Therefore, it can be confusing to understand what happens when the victim of a crime does not or cannot participate. When you are in the position of the defendant, you might assume that the charges will be dropped and your case dismissed without input from this individual. A [Galveston County defense attorney](/our-team/) can explain the details on why this misconception is not true. The government can most certainly proceed with charges, usually based upon other evidence. An overview may also help you understand the circumstances under which the state can prosecute without a victim.

## Roles in a Texas Criminal Case

You can better understand how victims of crime impact evidence issues when you know the different players involved with a case at various stages of the criminal process:

- ***Plaintiff:*** The government will always be in the position of the plaintiff in a criminal case since it is the party taking action to enforce its laws. In Texas, the plaintiff might be the state, county, or municipal government; however, the US government is the plaintiff for federal cases.
- ***Prosecuting Attorney:*** As a party to a criminal case, the government has legal representation through the prosecution. The prosecutor’s office is staffed by lawyers whose job is to secure a conviction on behalf of the client.
- ***Defendant:*** If you have been arrested, you are the defendant in a criminal case. Alternatively, you could be facing charges because of an indictment handed down by a grand jury.
- ***Criminal Defense Lawyer:*** Your right to defense counsel is guaranteed by the US Constitution and Texas Constitution, so your attorney will play one of the most important roles from your perspective. You are entitled to have a lawyer represent you throughout the criminal process, and it is crucial to get legal help early on.

### How Witnesses Play a Role

It is this category of players that triggers the involvement of the victim in a criminal case. From the above, you can see that there are just two parties, though they may be represented by counsel. However, a witness is NOT a party. A witness acts as a source of evidence. Even when that person was the victim of the crime, he or she does not become a party to the case. In fact, the victim occupies the same position as a police officer who made an arrest after observing the criminal activity.

Still, as a witness, the victim most likely has a wealth of evidence to provide to police and the prosecution. That person might offer proof through testimony and may be in possession of physical, tangible items related to the crime. With such a critical role, there can be significant challenges with proving the case.

### Overview of the Prosecution’s Burden of Proof

As the plaintiff, the government’s lawyer will be required to establish certain facts to get a conviction. The principles of constitutional law mandate that the prosecutor prove these elements beyond a reasonable doubt, such that even an iota of uncertainty could lead to a dismissal of the charges. The two fundamental concepts behind a crime are:

1. Actus reus, i.e., the bad act or violation of the law.
2. Mens rea, i.e., the intent to commit a crime.

From these two points, the more specific elements of a criminal offense are derived. If you take a closer look at the statutory language of Texas criminal laws, you can see the details the prosecuting attorney must prove, such as:

- The defendant acted intentionally, purposefully, recklessly, and/or knowingly.
- A certain dollar value, particularly with theft, fraud, and related charges.
- The severity of the harm to the victim.
- In drug cases, the amount of weight and Schedule of a controlled substance.
- The location of the criminal offense, such as a home, business, vehicle, or public place.
- Your blood alcohol content (BAC) in a drunk driving case.

## Cases Where a Victim is Unnecessary

Whereas the prosecution and defense are parties who must be involved with the criminal process, the victim may be unable or unwilling to participate. By reviewing some of the crimes where a victim’s participation as a witness is not necessary, you can see how other evidence may fill in the gaps:

***Murder:*** It is obvious that the victim of a murder or manslaughter will not be testifying, but that does not prevent a prosecutor from pursuing charges. Even when there is no physical body, Texas officials get plenty of convictions based upon:

- Hair, blood, and fingerprints.
- Blood splatter.
- Gunshot residue.
- Other trace evidence.

***Assault Offenses:*** Intent is a key element for many [assault crimes,](/crimes-considered-assault-that-you-may-not-be-aware-of/) and proving your state of mind does not require input from a victim at all. Some of the most powerful evidence of assault may be photos of the victim’s injuries, as well as testimony from other witnesses who observed the altercation.

***White Collar Crimes:*** With many types of fraud and white-collar crimes, a defendant may not know or come into physical contact with the victim. In identity theft cases, that person does not even realize a crime has been committed until after the offense is complete. A prosecutor still has a plethora of information to prove a white-collar crime through computer and forensic evidence.

***Burglary:*** The crime of burglary is defined as entering or remaining in a place with the intent to commit a crime while inside, either without the consent of the owner or after consent has been withdrawn. The physical damage to a home or other structure may be enough to show breaking and entering.

**Theft Offenses:** The key elements of many theft crimes are:

- Misappropriation of items of value.
- With the intent to permanently deprive the rightful owner of the value of the property.

The victim from whom the items were stolen may not be necessary to establish either of these factors. Footage from security cameras is sufficient to prove shoplifting without testimony from the victim, i.e., the store owner.

## Strategies Related to Evidence and Your Defense

When a victim is unable or unwilling to testify, there can be challenges for the prosecution, which also provide opportunities for Galveston County criminal defense lawyers. A prosecutor might be relying on evidence that is inadmissible or carries other defects, and the government cannot resolve these challenges without a victim. For instance:

- Evidence obtained in violation of your civil rights is inadmissible in court. Without the victim’s participation, this information may be the only proof the prosecution can use. However, if police conduct an unlawful search and seizure or interrogate you before reading your rights, this evidence must be excluded as well.
- When the government is forced to prosecute without a victim, the only evidence that might be available is hearsay. For most purposes, statements made outside of court by someone other than the declarant are not admissible as proof of the facts contained within them. The words of another individual cannot be used as evidence of what the victim intended to say.

However, there are numerous exceptions to the hearsay rule that might allow someone else to testify on what the victim was expressing. Therefore, hearsay can operate to stand in the place of the victim.

- Regardless of input from a victim, evidence may be inadmissible by statute or law. It may also be excluded when it tends to cause confusion or unfair prejudice.

## Consult with Our Galveston County Criminal Defense Lawyers About Your Case

It might seem unusual that Texas can still prosecute you without a victim, but the prosecution may certainly have problems meeting the burden of proof when deprived of that person’s testimony. Under such circumstances, you may be able to leverage this lack of evidence to beat the charges or obtain another positive outcome.

You will need solid legal representation to achieve this objective, so please call Criminal Defense Attorney Mark Diaz at (409) 515-6170 to set up a case evaluation.

Mark Diaz & Associates is a Criminal Defense Law Firm Located in Galveston, Texas representing clients throughout Galveston, Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, League City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood. in a wide range of criminal matters, so our [Galveston County criminal defense lawyers](/landing-form/) are prepared to fight for your rights.

**Categories:** Criminal Defense Lawyers

**Tags:** prosecute without victim, prosecution

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### [Galveston Criminal Attorney Gives Updates on Galveston County Courts](https://texascriminaljustice.com/galveston-criminal-attorney-gives-updates-on-galveston-county-courts/)

**Published:** November 30, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston County Courthouse](https://texascriminaljustice.com/wp-content/uploads/2021/09/Galveston-County-Justice-Center.jpg "Galveston-County-Justice-Center")

## Galveston County Court Updates As Of Thanksgiving

Today, I thought I would give everyone an update on what’s going on at the courthouse. The last time I discussed what was going on at the courthouse, it was right after the fire, which had sort of shut the building down for several weeks. That came on the heels of COVID and that put us in a bind as far as having court, having jury trials, and so on. So, I figure I could update you on what’s going on now. Where we are now, is that all the repairs have been completed, and all but one court are fully open once again. All defendants are required to appear. There are some courts where we can make other arrangements, but for the most part, the courthouse is wide open again. We’re able to go in as normal. Jury trials are still sort of delayed, the frequency has been cut down.

However, we’re still today doing jury selection in the big assembly room, which is a difficult situation, because we’re so far apart from all the potential jurors. That makes it hard to interact with people and see their facial expressions, demeanor, that kind of thing. But it is back in operation.

### Getting Back To Normal

Now, the current plan, I believe, is to go back to fully normal starting in January. Meaning we’ll be doing jury selection back inside the courtroom, which is much better for us, and for everyone involved really. It’s much better when you can see people’s facial expressions and just generally read people’s body language.

I think both sides appreciate that, not just the defense. So, the current plan, as I said, is to go back to that in January. Of course, that could get shut down if there was another COVID spike or some other situation that we can’t foresee. But that’s the current plan and I think a lot of us are looking forward to that.

### Updates On Your Case

Now, another update concerning that is, a lot of you call and want an update on your case. Sometimes we just don’t have anything new to tell you. So, allow me to give you some insight as to why that’s happening. They are short-staffed at the DA’s office right now. When I say short-staffed, I mean attorneys short-staffed, they have a lot of vacant positions, which has made it so that in some cases one person is responsible for the entire docket, which is a lot to handle for one person.

A felony chief recently left the office and they have not yet hired or promoted anyone in that court to Chief. We have at least one court with no chief prosecutor. We have another court where the chief prosecutor is out on maternity leave. We have another court where a felony chief will soon be going out on maternity leave.

Recently we had a prosecutor in special crimes out on paternity leave because it’s a man and his wife had a job. He got time off for the birth of their child, and while he was gone, no one was covering his docket. The court is currently without a chief, his trial cases have been spread out throughout the office, to different prosecutors. The biggest issue here is that these cases were already on the trial docket. They’re coming up soon for trial, and they’ve not been assigned to someone who’s even seen the file. Whoever they do get assigned to has to learn the entire case and possibly prepare for trial in that short amount of time.

If your case is caught in one of those courts, and you call us wanting an update, we don’t have one for you, not because we’re not working, but because no one is working on your case at the courthouse. It makes our jobs difficult; I can work as much and as hard as I want, but I cannot force the prosecutor to work, or I cannot force them to fill a space if a prosecutor is not there. I’m dependent upon them running an efficient office, and I can’t do anything about it if they don’t.

Don’t get frustrated when we tell you that we don’t have an update for you. We do actively send emails on all our cases trying to get results. Thomas and I had to step out of the office earlier. He had been texting a prosecutor and she finally called him back and you know, made a comment saying, “I just love it when defense attorneys text me while I’m at lunch.” Of course, we didn’t know she was at lunch. It was past what a typical lunch hour is, and she wasn’t upset about it, she was making a joke.

The point is, she’s another one that just got moved into the position. She likely hasn’t even seen the file we were calling on yet. We’re trying, and she’s a good prosecutor and she will look into it. The point is, we can’t always control what’s happening across the street, we can only control what’s happening in our office. If we’re making requests, and there’s just no one there to fill the vacancy, there is not much we can do about it until that position is filled.

Now for a lot of our clients it’s not a huge issue, other than living with the stress, but you know, you’re not restrained of your liberty, you’re not in jail. Which makes it a little bit more tolerable. We have clients that are in jail and that’s very frustrating. When we have someone sitting in jail and the case we were calling that prosecutor on today, the young lady is in jail, and we’re working hard to get her out. The prosecutor that she had has now been reassigned because of another position becoming vacant. Once she got reassigned, anything she had done on the case just stopped.

Now there’s a new prosecutor on the case. We have to get her to do everything we were trying to get the other prosecutor to do. This poor girl sitting in jail, and her family might feel like we’re not doing anything, we are. It’s just that now that the courthouse is back in operation, the dean’s office is in a crisis because they don’t have enough prosecutors. I guess they’re having trouble hiring new prosecutors. It’s kind of got the whole office in a bind over there, which sometimes is good for us.

### Courthouse Is Fully Functioning Again

That is my update for today. The courthouse is fully functional again. The only thing holding us back is the COVID jury restrictions. At least two judges that I’ve talked to about it are hopeful that that’s going to go away starting in January, and we’ll be back to normal jury selection and the normal jury process. This means we can start trying more cases every month and start moving our dockets along. Some judges care about the age of a case on their docket and like to run an efficient docket.

Some judges don’t care that much. Defense attorneys, we have the same issue because I have cases, that we’ve been working on for over a year. While my clients are on bond and suffering, it is a lot to live with. They have to worry about the status of their case all the time.

That will be all I have for today. Thank you and Happy Thanksgiving to all. If you have been charged with a crime in the Galveston County region or surrounding areas call our [Galveston County criminal defense attorneys](/) at (409) 515-6170

**Categories:** Courthouse News

**Tags:** Galveston courthouse

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### [Galveston Criminal Defense Attorney Discusses If Weather Impacts Crime](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-if-weather-impacts-crime/)

**Published:** December 6, 2021
**Author:** Mark Diaz &amp; Associates

**Content:**

![weather and crime](https://texascriminaljustice.com/wp-content/uploads/2021/12/weather-and-crime.jpg "weather and crime")

## Does The Weather Impact Crime?

I got another question this week that I thought was kind of interesting. Do I think that weather, specifically during the winter, impacts crime? I looked into it a little bit, and it does. I guess if you think about it, it makes sense, when it’s extremely cold outside, you’re less likely to have people out who would have the opportunity to commit a crime, much less desire to be out committing a crime, in the cold weather. I spent a little bit of time looking on the internet and there’s a [whole bunch of research about it](https://www.zmescience.com/science/weather-crime-connection-04234/).

Apparently, the colder the winter, the more impact it has on crime in general. Meanwhile, the lighter, or the warmer the winter is the less impact. Again, if you think about it, it kind of does make sense. I mean, I know when it’s extremely cold, I don’t like to be outside. The same can be said for most people.

So what happens is, cold weather correlates with a drop in property crimes, and those types of things because people don’t want to get out in the weather, to break into cars, break into houses, etc. If it’s extremely miserable weather outside, no one wants to go outside to be able to commit offenses.

We’re talking about intentional offenses, there is still crime, people still get arrested. There is still family violence and whatnot. In general, though, you’ll see that crime statistics go down in extreme winter because people do not want to be outside.

## Why Does The State Want To Waste All That Money Prosecuting Me Or Taking My Case To Trial?

This was a question that was emailed to me recently, and it’s one I get quite often. I’m not sure why people think that that has an impact on anything, because a trial doesn’t cost the state any more money. Everyone in the building, with the exclusion of the defense attorney, are salaried employees. The judge gets a salary. The prosecutors get a salary. There’s not an extra cost in going to trial. Everyone who works in that building gets paid for a full day’s work and is expected to be there from 9 to 5 every day.

It’s not like, if we’re not in trial, then the building clears out and everyone goes home. There’s this misconception that the state is spending more to try your case, and well, they’re not spending anything they wouldn’t be spending anyway. Now, you can get into a situation where prosecutors are wasting their time, but it’s not costing anyone any money that’s not already been spent on the prosecution of any other case.

Now, it is true that we have a case pending right now with witnesses in Florida. If that case goes to trial, the state will likely have to pay to fly those witnesses in and keep them in a hotel. That is an extra expense. However, the DAs office budgets for those on a yearly basis, they keep a budget for that specific reason, for cases that have to have witnesses flown in from out of state. These things are all [budgeted yearly by the DA office](/galveston-county-da-office-seeking-budget-increase/). It’s something that is already built into the system.

## What are some of the factors that go into sentencing?

Sentencing can sometimes be the most difficult part of a case. I say sometimes because other times, I have a really good idea of what the jury’s gonna do. I tried a case during the height of COVID that I did not want to take to trial, because of COVID in the circumstances, but my client was sitting in jail.

The state would only offer time in prison as punishment, and this particular client had never been convicted of a felony. I felt that a jury would likely give him probation. We went to trial, and the jury did indeed give him probation. He got out of jail. COVID was a difficult time for everyone, and even worse in jail. So for him that worked out, I had a good idea based upon his past criminal history, what a jury would do, it was just a situation where the state would not offer probation.

Another story from a case I tried, which was a misdemeanor in another county, two young men were arrested as CO defendants. When I was hired, they gave me the name of the CO defendant and informed me that his family did not bond him out. He took a plea agreement while he was locked up in jail. I took a look at it, and it was, in my opinion, a horrible deal. We’re talking about a misdemeanor.

The kid had to do like 30 days in jail as a condition of probation, loaded up with all kinds of conditions. It was almost a probation set up to fail, in my opinion. When they hired me, I think if I remember correctly, there was a lawyer before me and they had indicated that the offer for him, for my client, was the same as what the CO defendant had taken.

They made it very clear to me that they were not interested in that deal, which I understood and agreed with. So fast forward to the trial. I indeed got the state of Texas to agree to a deferred adjudication with no jail time as a condition, in favorable terms, which I had negotiated. We attempted to take the plea, and the judge would not accept it, he found the offense particularly offensive. He would not take a plea that did not involve some jail time as a condition of probation. I was not happy. I tried to recuse the judge, which made him even more difficult.

The bottom line is that we ended up on trial, which I knew I couldn’t win. Based on the evidence, I knew it was going to be all about punishment. I spent my entire closing statement talking about time in jail. I had gotten into evidence that my client had a child, that he worked, that he lived in an apartment by himself that he paid for. I proceeded to tell the jury, although most of the time, I was looking at the judge.

I went through an analysis of what happens when people think 30 days in jail is no big deal. I went through the whole analysis, and if I remember correctly, he was a waiter at a restaurant. No restaurant is going to hold a job for someone for 30 days. No apartment complex is going to let you skip out on your rent for 30 days. Child support won’t simply allow you to miss a payment because you were in jail.

By the time you get out of jail after having done your 30 days, you’ve lost your job, you’re facing eviction, and now you’re in arrears on your child support. I went through this in-depth. In the end, the jury sentenced my client to time served by a fine of $1,000. My client got no additional jail time, and no probation. He was satisfied. The judge was not happy, he was upset, and kind of let it be known.

## Unnecessarily Harsh Sentences Ruin Lives

The reason I was thinking about sentencing is because what happens is, sometimes a prosecutor will come to the DA’s office, having recently gotten out of law school, or recently been licensed. When I say recently, I mean, sometimes immediately after getting out of law school, sometimes a year later, but just young, and then they spend some time in misdemeanor court, and then maybe sometimes people above in felony court leave, without anyone anticipating it, and then that forces prosecutors to get moved up. Sometimes we’ll find what I consider to be very young prosecutors, not young in age, but young as a prosecutor, dealing with sentences that affect not only someone’s life but their family.

I’m kind of shocked when a prosecutor offers me something like 30 years in prison on the case and acts as if it’s nothing. As if the client should be grateful for the offer. When we’re talking about 30 years of someone’s life, it’s hard to imagine. I often tell juries, if we’re in punishment, think about how much life can change in 10 years. How many loved ones have I lost in the last 10 years? How has technology changed? So on and so forth. So sometimes I’m kind of shocked when prosecutors seriously make me an offer that’s 30 years when I don’t think it’s justified.

There are times that large sentences are appropriate. I recently had a murder defendant get 35 years. The circumstances are much different when we’re talking about 30 years for murder. If we’re talking 30 to 35 years for drugs? To me, that’s quite a different situation. The reason we end up on trial is not necessarily anything to do with guilt or innocence. We know going into the trial we likely can’t win, however, what we’re fighting for is the reduced punishment. That’s what we gear up for, is the punishment argument at the end, rather than necessarily the guilt versus innocence.

## Why don’t we just end up pleading guilty and going straight to the jury for punishment?

I have done that. It’s not that we don’t, but generally speaking, if I think the state is being unreasonable in their offer, then why am I going to save the state? Why would I give them that benefit of lessening their burden when I think they’re being unreasonable?

Most of the time, I will make the state go through with the trial, just to get to sentencing, because I think they’re being unreasonable. Sometimes I’m able to show that and hope that the jury picks up on it so they lean more to my side of the argument that I’m trying to make regarding punishment or appropriate punishment.

If you have been charged with a crime don’t delay, call our Galveston County criminal defense attorneys at Mark Diaz & Associates at (409) 515-6170

**Categories:** Weather &amp; Crime

**Tags:** sentencing, weather and crime

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### [What Determines Whether A Crime Is Prosecuted By The State Or Federally?](https://texascriminaljustice.com/what-determines-whether-a-crime-is-prosecuted-by-the-state-or-federally/)

**Published:** January 19, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![federal crimes](https://texascriminaljustice.com/wp-content/uploads/2022/01/Diaz_federal-crimes.jpg "federal crimes")When you have been arrested or indicted for a crime, the distinction between state and federal charges is probably not the first thing on your mind. Article 1 of the US Constitution empowers the Legislative Branch to enact criminal statutes, and Congress has passed hundreds of laws that fall under US Code Title 18 Crimes.

However, the Tenth Amendment also provides that certain powers not delegated to the federal government are reserved to the states. Texas lawmakers have been exercising these powers since becoming a state in 1845, enacting numerous provisions within the [Texas Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm). As a result, there are two separate criminal systems at the federal and state level.

It is critical that to understand the basic differences if you were charged with a crime. Though some fundamental and constitutional concepts are similar, many other laws and procedural rules are distinct when comparing Texas state law and federal law. Fortunately, you can count on a [federal criminal defense lawyer](/federal-criminal-defense/) to handle the details. As a summary, you might also benefit from reviewing some information on what determines whether a crime is prosecuted by the state or federally.

**Factors That Impact Federal Versus State Crimes**

The umbrella of federal jurisdiction is comparatively small when you consider that most crimes are prosecuted under Texas laws, and the state employs its general police power to enforce them. However, you could face federal charges in certain circumstances:

**Violations of a Federal Statute**

The US Code on Crimes and Criminal Procedure includes over one hundred chapters that each cover offenses deemed illegal at the federal level. These crimes range from assault, homicide, drug offenses, theft, and sex crimes. A violation of any of these statutes can lead to federal charges.

**Offenses on Federal Property**

Even a crime that would normally be a violation of state law can become a federal offense when the misconduct takes place on US property, including a building, structure, land, or other real estate. The definition encompasses all properties owned by the federal government, as well as those under lease or otherwise occupied. Examples include:

- US Post Offices, courthouses, and administrative buildings;
- Parks, recreational facilities, conservation areas, and historical landmarks;
- Military bases and recruitment centers;
- Tribal lands;
- Many more.

In addition, a crime that would typically be handled at the state level rises to a federal offense if the misconduct involves an agent of the US government. For instance, the federal government may pursue assault against an FBI agent.

**Fraud Against the US Government**

The general definition of fraud is the misappropriation of property or something of value through the use of false or misleading statements. You could be charged with a federal crime for making fraudulent statements in connection with:

- Filing an income tax return.
- Billing for Medicaid
- Applying for Social Security disability benefits.
- Fraud in connection with government contracts.
- Misrepresentation in applying for federal student loans.

One example of fraud against the US government has been prominent in the news recently: Misrepresentations related to the Payroll Protection Program (PPP), which was established to provide financial assistance to businesses suffering from COVID-19 related losses. Some estimates indicate that approximately $76 billion of the $800 billion in loan funds may be fraudulent, and you can be sure that authorities will fight hard for a conviction.

**Activities Crossing State Lines**

A crime may be a federal offense when the suspect physically travels across state lines in the commission of an offense. Transporting stolen property or a kidnap victim from Texas to any other state could trigger charges. In addition, the conduct itself may lead to an arrest by federal officials, even if the individual stayed put the entire time. The most common examples include:

- Wire, phone, and internet fraud that do not involve the US government.
- Use of the US Post Office to commit an offense.
- Securities and commodities fraud.
- Pyramid and “Ponzi” schemes.

**Who Pursues US and Texas Criminal Charges?**

It may also help you understand the difference between federal and state criminal cases by knowing what agencies may be involved in a case:

- Federal Crimes: A person may be investigated by almost any division under the US Department of Justice (DOJ), including the FBI, Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Homeland Security. Cases are prosecuted by lawyers from the US Attorney’s Office.
- Texas Offenses: Law enforcement officers at the state, county, and local level will pursue violations of Texas law, including the Texas Department of Safety and its team of Texas Rangers. County sheriffs and city police officers may also be involved in investigations and arrests for criminal offenses. The Texas Attorney General prosecutes these cases through county and district attorneys.

Keep in mind that your constitutional rights remain in effect regardless of whether the charges are stated versus federal. This means that the prosecutor must prove guilt beyond a reasonable doubt with respect to each element of a crime. Protections against unlawful search and seizure and self-incrimination remain the same under both systems, and you still have the right to counsel.

**Overview of Criminal Penalties and Sentencing**

Aside from knowing what constitutes a federal or state crime, it is also helpful to understand how the two systems approach punishment after a conviction. Texas law classifies offenses as misdemeanor or felony. Punishment for State cases works as follows:

- The lowest level offense is a Class C Misdemeanor, punishable by a $500 fine but no jail time.
- A conviction for a Class B Misdemeanor could lead to a sentence up to 180 days in jail and a fine of up to $2,000.
- For a Class A Misdemeanor, the max punishment is one year in jail, a maximum fine of $4,000, or both.
- The lowest level felony is a State Jail Felony. Punishment for a conviction could mean no less than 180 days and up to 2 years in a State Jail.
- If convicted of a Third-Degree Felony, you face anywhere from 2 to 10 years in prison; the mandatory minimum for a Second-Degree Felony is no less than 2 years and no more than 20 years.
- For a conviction on First-Degree Felony charges, the punishment range is 5 to 99 years in prison.
- The most serious crimes in Texas are Capital Felonies, which typically include the murder of multiple persons or other very violent offenses. The mandatory sentence for a conviction is prescribed at life or the death penalty.

**Federal Sentencing Guidelines**

Punishment in a US criminal case runs according to this system, a set of rules that aims to create uniformity when federal judges issue sentences. Judges are required to review certain factors, but they are not required to follow the federal sentencing guidelines. A federal criminal defense lawyer can explain the implications of all seven factors, but the key guidelines include:

- The nature of the crime, along with the defendant’s history.
- How the penalties would serve the purposes of sentencing, i.e., retribution, deterring future crime, incapacitation, and rehabilitation.
- The types of sentencing available, such as probation and mandatory minimums.

**Protect Your Rights When Facing Criminal Charges**

You can count on your federal criminal defense lawyer to tackle the legal concepts and challenges, but it is important to realize how your own actions can support your defense. No matter whether you were arrested for a state or federal crime, some tips may be useful:

- Make it a priority to contact an attorney, from the moment of your arrest or when you believe you are being investigated.
- Never make statements to police or answer questions, even if you want to profess your innocence. You have the right to remain silent despite pressures from law enforcement.
- Do not, under any circumstances, resist arrest. You could face additional and more severe charges for assaulting an officer.
- Treat the judge with respect and always be polite when addressing the court.

**Contact a Federal Criminal Defense Lawyer for Additional Details**

It is helpful to review some basics on what determines whether a crime is prosecuted by the state or federally, but there are many additional details involved with these cases. Therefore, one of the most important to-do’s after an arrest is retaining a skilled attorney for assistance with your defense. If you are facing federal charges, it is equally critical that you work with a lawyer who has extensive experience in the US criminal court system.

Our team at the Law Offices of Criminal Defense Attorney Mark Diaz is prepared to handle both federal and state criminal matters. We have spent significant time prosecuting these cases, and we now apply our trial advocacy skills and legal knowledge to defending clients throughout Galveston County and Greater Houston. Please call (409) 515-6170 to set up a free initial consultation with a [Texas federal criminal defense attorney](/landing-form/) today.

**Categories:** Federal Criminal Defense Lawyer

**Tags:** federal crime

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### [Which Weapons Charges Are Considered Serious Crimes In Texas?](https://texascriminaljustice.com/which-weapons-charges-are-considered-serious-crimes-in-texas/)

**Published:** January 26, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Weapons Charges](https://texascriminaljustice.com/wp-content/uploads/2022/01/Weapons-Charges.jpg "Weapons Charges")All criminal arrests carry serious implications, but the level of severity for Texas weapons charges is generally a question of how you view punishment. If you do not mind going to jail, paying fines, and facing other consequences, you might not consider gun crimes to be a big deal. For those who treasure their freedom and wallet, however, a violation of state criminal laws is most definitely a grave matter.

Beyond incarceration and paying fines, there may be implications for your future even after serving your sentence. A conviction for a gun offense can also impact your constitutional rights under the Second Amendment. Together, these factors should convince you of the severity of weapons charges.

Serious crimes require serious dedication to fighting the charges, which is why many people in your position rely on [Harris County criminal defense lawyers](/our-team/) to protect their interests. Unless you have a legal background, you put your rights and freedom at risk. You can rely on your attorney to manage the details, but you should be aware of what weapons charges are considered serious crimes in Texas.

**Overview of Texas Gun Laws**

Many people believe that weapons offenses are not serious because of the state’s reputation for having some of the least restrictive gun laws on the books. While this may be true when comparing Texas statutes to other US states, law enforcement remains diligent in pursuing offenders. According to statistics from the [Texas Department of Public Safety](https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf) (DPS), authorities arrest more than 12,000 people every year for violations of weapons laws.

In general, a violation of the law is a product of who you are, the nature of the gun or other dangerous weapon, and what you do with it. Note that Texas enacted a permit-less carry law that became effective in September 2021. A summary of some key provisions is informative:

**Unlawful Carrying of Weapons (“UCW”)**

The current law on UCW that went into effect as of September 1, 2021 makes it illegal to carry a handgun outside of your home or vehicle (unless you are going from one to the other) in the following situations: (1) if you’re intoxicated; (2) if you’re prohibited from possessing a firearm by law; (3) if you’re under 21 years old; or (4) if you are convicted of certain offenses within five years from the date of the instant offense being committed. The current law also makes it illegal to carry a handgun in plain view in a public place unless the handgun is in a holster, and also to carry a handgun in plain view inside a vehicle unless you’re 21 (or if you’re permitted) and the handgun is in a holster.

**Carrying in Prohibited Places**

There are numerous buildings and locations where you cannot have a firearm, location-restricted knife, club, or other prohibited weapon in your possession. Doing so is a crime regardless of open versus concealed carry and whether you have a permit. Prohibited places include:

- Schools
- Polling places during voting.
- Certain government buildings, including courthouses and correctional facilities.
- Locations where sporting events are held, including those at the high school, collegiate, and professional levels.
- Racetracks.
- Beyond the security point at airport terminals.
- Amusement parks.
- Bars.

This offense is a Third-Degree Felony in most cases involving firearms, but it could be charged as a Class C Misdemeanor if the weapon is a knife.

**Prohibited Weapons**

Texas has imposed restrictions on certain types of firearms and weapons, which amount to a violation of the law if you have them in your possession. The offense is a Third-Degree Felony in most cases. Unless you register under federal law, the following are prohibited:

- Machine guns, i.e., fully automatic firearms that load, fire, and eject continuously upon holding the trigger.
- Short-barrel firearms and sawed-off shotguns.
- Armor-piercing ammunition.
- Zip guns.

Keep in mind that the above description only applies to standalone firearms and weapons charges.

When a gun, knife, or other object is used in the commission of the crime, you face both the underlying offense AND additional charges for violating gun laws.

**Penalties for Violating Texas Weapons Laws**

If convicted of a gun crime, the following represents the statutory punishment ranges based on the charge you were convicted of:

- For a conviction on a Class A Misdemeanor charge (generally, UCW offenses are classified at this level), you could face up to a year in jail, a $4,000 fine, or both.
- A State Jail Felony conviction is punishable by no less than 180 days and up to two years incarceration in a State Jail, plus a possible fine of up to $10,000.
- If you are convicted of a Third-Degree Felony gun charge, the range of punishment is no less than two years in prison and no more than ten years, and a possible fine not to exceed $10,000.

However, these presumptive sentences could be harsher in some cases. Your criminal history is a factor, especially if you have a prior conviction for a specific gun or weapons crime. A Class A Misdemeanor gun offense could be elevated to a felony, leading to longer imprisonment terms and higher fines.

**Defense Strategies at Different Stages of a Weapons Charges Case**

Considering the harsh penalties, you will certainly want to leverage all possible opportunities to defend the allegations. Always remember the prosecutor’s burden in any criminal case: The government must prove all elements of the crime beyond a reasonable doubt to secure a conviction. With this point in mind, it is helpful to review the timeline of a criminal case and how a Harris County criminal defense attorney can assist with each stage:

- **Investigation:** With some gun crimes cases, particularly manufacturing, sales, or transportation of firearms, law enforcement may conduct an investigation. Police cannot make an arrest unless they have probable cause of unlawful acts, so they work to gain sufficient information to charge you. This could be occurring without your knowledge, but your constitutional rights still apply. Misconduct during this phase could provide grounds to exclude evidence against you and potentially throw out the case.
- **Arrest:** From the moment you are charged with a violation of Texas weapons laws, you have certain rights guaranteed by the US Constitution. Officers should inform you of your rights once they have made the decision to arrest you by reading your Miranda warnings. Failure to do so could lead to the exclusion of any statements that you may have made that were incriminating against you.
- **Pretrial:** There is considerable activity in the period leading up to your trial, including: 
    - Motions: Both the prosecutor and your defense attorney can file motions in the case, which are essentially a request for the judge to take a certain action. Your lawyer may file a motion to exclude evidence was collected from you in violation of the Fourth Amendment protections against unlawful search and seizure. If successful, the prosecution may not have enough proof to meet its burden, meaning the charges could be dismissed.
    - Discovery: Because of the Fifth Amendment protections against self-incrimination, you will never be called for a deposition. However, your lawyer may engage in documentary discovery and call other witnesses for a deposition when doing so will benefit your case.
- **Trial:** The prosecutor goes first by presenting witnesses and exhibits related to the allegations that you broke the law. As part of protecting your rights, your defense attorney’s job is to attack weaknesses in the evidence. Many Texas weapons laws require proof that you acted intentionally, knowingly, or recklessly; the prosecution cannot obtain a conviction without information on your state of mind.

When the prosecutor rests, it will be your opportunity to present defenses to gun crimes allegations. One option is having a lack of actual or constructive control over the firearm or weapon, which defeats a possession charge.

Keep in mind that the door to plea bargaining is open during almost any stage in the criminal process. When the evidence is weak or your defenses are strong, the prosecutor may be more amenable to working out an agreement instead of risking a loss. A plea bargain could lead to lesser charges, reduced sentences, or both.

**Steps to Take if Arrested for Weapons Charges**

Your first priority should be contacting an attorney from the moment you are arrested or become aware of an investigation. In addition:

- Never resist arrest, even if you believe the arrest is illegal. This should be fought later by your attorney.
- Exercise your right to remain silent. Do not answer questions, profess innocence, or otherwise provide statements to law enforcement.
- If you do not have a lawyer by your arraignment, enter a plea of Not Guilty.

**Consult with Our Harris County Criminal Defense Lawyers About Weapons Charges**

Now that you know what weapons charges are considered serious crimes in Texas, you see why retaining experienced legal representation is essential. With help from an attorney, you can take advantage of all defense opportunities and other strategies for a favorable resolution to the charges.

For more information on how our team supports clients in Harris County and Greater Houston, please contact Criminal Defense Attorney Mark Diaz. You can reach our office by calling (409) 515-6170. We are happy to schedule a consultation with one of our [Harris County criminal defense lawyers](/landing-form/). Once we learn more about your case, we can counsel you on options for fighting weapons charges and gun crimes.

**Categories:** Criminal Defense Lawyers

**Tags:** weapons charges

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### [Galveston Criminal Defense Attorney Discusses Michigan School Shooting Evidence](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-michigan-school-shooting-evidence/)

**Published:** January 6, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![homicide](https://texascriminaljustice.com/wp-content/uploads/2022/01/homicide.jpg "homicide")

## Discussing The Fallout of the Oxford High School Shooter Tragedy

Several people have asked me what I thought about that [case in Michigan, the school shooting incident](https://www.clickondetroit.com/news/local/2021/12/25/prosecutor-parents-of-suspected-oxford-school-shooter-knew-son-was-a-threat/), where the shooter’s parents have now been arrested, in connection with his crimes. I guess part of that is, do we think, as defense attorneys, that this (someone being held responsible for the criminal acts of another) could start to become a trend.

When I first heard about it, as a defense attorney, my gut reaction was, it’s not okay. I mean, holding someone responsible for the criminal acts of another just doesn’t sit right with me on the surface level. In this case, however, we start to learn so much more about the events, and the family situation leading up to the actual shooting. I think you have to look at it on a case-by-case basis.

There was an initial report by the school, that a teacher had seen the boy looking up ammunition on his phone. The parents were alerted. Then, Mom texts the boy the same day and says “I’m not mad at you, you just need to learn not to get caught”. They had just purchased the gun several days before, for the boy as an early Christmas present. His mother had taken him to a shooting range that weekend.

Then a teacher observes a drawing that he made, which was alarming enough that she took a picture of it to alert school officials. It said ominous things on it, like “my life means nothing, I need help”, or “I can’t make it stop, please help me” and then a picture of a gun and a bullet, blood everywhere. So, this prompted a call to the parents to come into the school where they have some type of discussion.

The parents are told to get the boy counseling. The decision is made, I guess by the parents and the school, that he can stay in school, and they do not need to take him home. An explanation for that on the school’s behalf was that they didn’t want to send the boy to an empty home. Then of course, like an hour after that, he starts shooting up the school, Mom and Dad go on the run. Or so it looked like, their attorneys say they didn’t go on the run. They were just hiding out for their safety but did claim to turn themselves in.

### Known Mental Issues

I think that across the country, it is possible that we will see more of this, depending upon the individual circumstances and what they find out about any given case. The prosecution in Michigan has made all sorts of allegations about the family and the boy being depressed, the parents knowing that he was depressed, and something about his closest and only friend moving away, and that further drove him into depression. There have been some allegations that he’s done inhumane things to animals. I think there’s an allegation that he had a dead bird’s head in a jar in his room. Just weird things like that.

I don’t think we’ve seen this type of prosecution in the country before and after a mass shooting. At the same time, I don’t know that they were able to gather that much evidence that the parents knew or should have known that something was wrong. It’s a hard call for me to make. I take my son hunting every year. He’s completed the hunter safety course. So that he can have a hunting license. That’s on the rifle side, on the pistol side, when I introduced him to pistol shooting, I had him trained one on one, with a competition shooter first in safety, and then proper handling and how to fire the weapon.

### Should Parents Be Held Responsible For Actions Of Underage Child?

Buying a gun, taking a kid to a gun range one weekend, and being taken by a mom who arguably doesn’t have any shooting experience that we’re aware of, and kind of turning that kid loose with a firearm is kind of reckless. So, as I said, when I first heard about it, it just felt wrong, you know, why are we going to hold parents responsible for the actions of a child.

Then when we find out that there were so many red flags that the parents could have known about and intervened, gotten the kid help, or simply not made the gun accessible to him. I think we may see charges like this in the future, across the country. Again, depending upon the facts and circumstances of each individual case, and what law enforcement can put together by way of an investigation.

If you read up on it, you’ll see that lots of people have opined on this. It’s kind of a wait-and-see kind of thing. If you read the prosecution’s words from prior press conferences and some court appearances, she admits that it’s new ground, this is not normal. In the state’s eyes, the red flags are so egregious, that they just can’t go unnoticed.

So I think that if parents continue to turn a blind eye to what their children are going through, and then bad things happen, we could see more types of prosecution like this. There is a crime in Texas, of allowing a child or minor access to a firearm, but this prosecutor is going for much more. She wants the parents held for manslaughter for the people that died. It’ll be interesting to see how this plays out.

As an aside, it looks like both mom and dad hired attorneys for themselves but did not hire an attorney for their son. It’s reported that mom texted a friend and said something to the effect of “my son’s fate is sealed now I got to protect myself”. So, I guess that was the justification for getting herself an attorney and not her son.

Hopefully, the defense will do intense psychological evaluations on the boy and figure out what led to this, and how did it come to this? As well as figure out how we learn from this. Is there anything we can do that would help us prevent these types of things from happening in the future? It’s just becoming too common. As you all know, we’ve had it happen here in Galveston County, Santa Fe.

Looking back, I don’t know, and there may have been an investigation into what the parents knew or should have known, that case is still ongoing so we will see. There’s not much public information for us to know, but I do think that, especially if this prosecutor in Michigan has success, you’ll see an increase in this type of prosecution across the country.

## Contact Galveston Homicide Attorney Mark Diaz

If you have been accused or arrested for manslaughter or homicide contact [Galveston County homicide attorney](/homicide/) Mark Diaz at (409) 515-6170.

**Categories:** Homicide

**Tags:** homicide, weapons charges

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### [What are the Penalties for Drug Trafficking in Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-drug-trafficking-in-texas/)

**Published:** January 5, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/01/drug-trafficking.jpg "drug trafficking")When you know that Texas has some of the toughest controlled substances laws in the U.S., you can guess the penalties for drug trafficking will be severe. The details depend on whether the charges involve a felony or misdemeanor under the [Texas statute on drug trafficking](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.112).

This statute makes it a crime to knowingly manufacture, deliver, or possess with intent to deliver a controlled substance. Typically, this designation has a punishment range that is one degree higher than ordinary possession of the same substance in the same amount. Many additional factors could impact the charges, such as having scales or baggies, including the type and amount of the controlled substance. In turn, these details and others affect the punishment you may face.

However, penalties only apply to those convicted of drug trafficking. An arrest or indictment is just the beginning of the criminal process, and there are defense strategies to employ throughout all stages of the proceedings. With help from a [Galveston drug trafficking lawyer](/drug-trafficking/), it may be possible to avoid punishment entirely or obtain another favorable outcome. Still, you should be aware of the penalties for drug trafficking in Texas, so an overview should be useful.

**Punishment for Drug Trafficking in Texas**

As mentioned, the type and amount of controlled substances are the main factors that determine penalties for a conviction. The state generally follows the federal government’s system of schedules for drugs, with some variations. Controlled substances are categorized into Penalty Groups by how lawmakers view the risks of abuse and whether there are accepted uses by members of the medical profession.

Penalty Group 1: Cocaine, methamphetamine, opioids, and fentanyl.

Penalty Group 1-A: LSD and salts derived from it.

Penalty Group 2: Adderall, ecstasy and other hallucinogens.

Penalty Group 2-A: Synthetic drugs, chemical compounds, and cannabinoids.

Penalty Group 3: Valium, Ritalin, and opioids not covered in PG1.

Penalty Group 4: A wide range of prescription medications.

Marijuana, spelled “marihuana” in the statute, falls into its own, separate category.

After consideration of what Penalty Group a controlled substance falls into, the next inquiry in determining punishment for trafficking is the amount of the drug. There are different ways in which the substances are measured, such as weight in grams for most controlled substances or ounces and pounds for marijuana.

Depending on the above mentioned factors:

- You could face a State Jail Felony for lower amounts of marijuana and drugs in a lower Penalty Group. If convicted, you could be sentenced to no less than 180 days up to two years’ imprisonment.
- Third Degree Felony charges apply to drugs in the higher Penalty Groups in lower amounts and also to more than five pounds of marijuana. Note that law enforcement will typically weigh the entire plant for drug trafficking charges.
- For higher amounts of certain drugs, the crime becomes a Second Degree Felony punishable by a mandatory minimum of two years in prison. However, a judge could sentence you to a maximum of 20 years’ incarceration.
- The most serious drug trafficking charges in Texas involve a First Degree Felony. The mandatory minimum sentence is 5 years in prison, while the maximum is 99 years.

For all cases but a First Degree Felony, your punishment may also be a $10,000 fine; if convicted for a First Degree Felony, the maximum fine is $100,000.

**Collateral Consequences are Akin to Punishment**

It is a common assumption that the implications of a drug trafficking conviction end once you serve your sentence and pay the fines. Unfortunately, many individuals are surprised to learn that there are many ramifications for having a conviction on your record. For one, Texas is one of just a few states that will suspend your driver’s license for 180 days, even if you did not use a motorized vehicle in connection with the alleged crime. Additional collateral consequences include:

- Employment: You may encounter challenges with finding a job since a conviction for drug trafficking will appear on a background check. Alternatively, you may be required to disclose the information if your employer asks about your criminal history.
- Professional Licenses: Finding employment may also be difficult if you rely on a professional or business license to earn money. Many credentials issued by the State of Texas will be suspended or revoked, especially in drug crimes cases.
- Civil Rights: When convicted on felony charges, you lose your right to vote until you resolve all terms of your sentence. A convicted felon cannot own a firearm for at least five years and, when your rights are restored, you still can only possess a gun on your property.
- Asset Forfeiture: If police allege that your property was used in connection trafficking in controlled substances, Texas law allows law enforcement to seize it.
- Financial Consequences: A conviction may impact your ability to get a mortgage, auto loan, or another line of credit. You could also be denied important government benefits.

**Police Misconduct in Drug Crimes Cases**

Law enforcement aggressively pursues all violations of controlled substances statutes, but there are limits to their efforts. Officers cannot infringe upon your constitutional rights in investigations, when making arrests, and conducting interrogations. However, police can be overzealous in apprehending individuals.

One area of particular concern in drug trafficking cases is your Fourth Amendment rights against unlawful search and seizure. If officers obtain evidence in violation of your civil liberties, the information is not admissible in court. Once illegally obtained evidence is tossed, the prosecution might not have sufficient proof of guilt beyond a reasonable doubt. Keep in mind that the government must meet this burden with respect to each essential element of a drug trafficking case. The impact can be considerable, potentially leading to the dismissal of the charges.

**Other Defenses and Strategies in Drug Trafficking Cases**

Even if you do not qualify for a dismissal based upon violations of your civil rights, there are many other strategies for fighting the charges. Your first opportunity comes when the prosecution is presenting testimony and witnesses since you are entitled to cross-examination. With help from your Galveston drug trafficking lawyer, you can also pursue such defenses as:

- Lack of knowledge about the controlled substance.
- Lack of intent to deliver, which is an essential element of the crime.
- Entrapment by law enforcement.
- Lack of evidence that you had actual or constructive possession when attempting to deliver.

**Galveston County “Hope Drug Court” Program**

While not a true defense, this may be another option for resolving drug trafficking charges. To qualify for drug court in Texas, you must be at least 18 years old, with no outstanding warrants or past convictions for violent crime. The program is optional and similar to a pretrial diversion, or what you may be familiar with as probation. Instead of focusing on punishment, the goal is to reduce recidivism by reducing addiction and abuse. By completing the terms set by the court:

- You could have the charges dismissed upon completion of the court’s conditions if admitted to a pretrial program.
- You could avoid incarceration after being convicted, in which case the terms of the program are a condition of your probation.

The terms of the program are not suitable for everyone, since you will need to go through therapy, substance abuse treatment, and submit to random drug testing.

**How a Galveston Drug Trafficking Attorney Supports Your Rights**

In general, a lawyer has the knowledge, experience, and trial advocacy skills to handle the numerous tasks involved at each stage of the criminal process. Depending on the specific circumstances, your attorney can help by:

- Counseling you during investigations and interrogations by police.
- Advocating on your behalf at arraignment, which is the first court appearance after an arrest where bail is determined and you enter a plea
- Pursuing appropriate motions, including a motion to toss illegally obtained evidence and a motion to dismiss the charges due to lack of evidence.
- Employing discovery tools to obtain evidence in the possession of the prosecution;
- Taking depositions of witnesses.
- Attending all court appearances on your behalf.

Your attorney can also advise you on possible plea bargain options, which could arise at any stage of the proceedings. The prosecution may be willing to discuss the agreement, particularly when the evidence is weak or you have solid evidence to defend drug trafficking charges. With most plea bargains, you would typically agree to plead guilty to the allegations in exchange for lenient treatment. You might be able to lower the charges, reduce the penalties, or both.

**Discuss Defense Options with a Galveston Drug Trafficking Lawyer**

When you know the penalties for drug trafficking in Texas, you realize how important it is to retain experienced legal counsel for assistance with your case. It is a mistake to represent yourself if you do not have a legal background, especially considering the fact that the prosecutor is skilled and knowledgeable in the laws. Even if your circumstances do not point toward an acquittal or dismissal, a lawyer can still leverage strategies for the best possible result.

For more information about drug offenses, please contact Criminal Defense Attorney Mark Diaz. Individuals in Galveston County and Greater Houston can call (409) 515-6170 to set up a free initial consultation. A [Galveston drug trafficking attorney](/landing-form/) can advise you on the next steps and ways to fight the charges.

**Categories:** Criminal Defense Lawyer, Drug Trafficking

**Tags:** Drug Trafficking

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### [How Severe Are Armed Robbery Charges In Texas?](https://texascriminaljustice.com/how-severe-are-armed-robbery-charges-in-texas/)

**Published:** January 12, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![robbery](https://texascriminaljustice.com/wp-content/uploads/2022/01/robbery.jpg "robbery")It may not be welcome news if you were recently arrested but, to put it bluntly, Texas armed robbery charges are among the most serious a person can face. Texas statutes use the term “aggravated robbery” when certain factors are present in a robbery scenario, and having a firearm or deadly weapon is one of them.

Statistics from the [Texas Department of Public Safety](https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf) (DPS) reveal that authorities are aggressive in pursuing suspects. Out of almost 6,000 individuals arrested on robbery charges, more than 52.3% of offenders had a firearm and 16.7% used other dangerous weapons, knives, or cutting instruments. In other words, around 70% of all robbery cases are aggravated crimes.

However, the efforts of police in apprehending offenders are just one aspect factor to consider on how severe [Texas armed robbery charges](https://statutes.capitol.texas.gov/docs/PE/htm/PE.29.htm) are. An additional point should put things into perspective: ALL robberies are felonies and being armed when you commit the crime makes your situation even more serious. Many individuals make the wise choice to retain [Galveston County criminal defense attorneys](/burglary-robbery-theft/) to assist with the charges, and some information should convince you to do the same.

**How Texas Robbery Laws Work**

Many people equate robbery with theft or larceny, so it is important to eliminate any confusion about the crimes. Robbery falls under the umbrella of theft because it involves the taking of money or property that belongs to someone else. The difference is that robbery incorporates the use of violence. To prove a case for basic robbery, a prosecutor must prove that you caused bodily injury OR made threats in connection with a theft crime. If convicted, you face a Second Degree Felony for robbery.

The stakes are much higher for armed robbery charges, a crime that is classified as a First Degree Felony. On this point, you should note the following:

- The term “armed” is somewhat of a misnomer because it implies that charges only apply if you have a weapon. To clarify, you could be convicted of the crime even without a weapon if you caused serious bodily harm to another person.
- To get a conviction for aggravated robbery, the prosecution must first prove the elements of a robbery case. Once this offense is established, the government must then show that the course of committing the offense, you:
- Caused serious bodily injury.
- Employed a deadly weapon.
- Caused bodily injury or threatened to harm a disabled individual or person who is 65 years or older.
- There is a distinction between injury levels in aggravated robbery cases. Bodily injury means any physical pain or physical impairment, a relatively low threshold. *Serious* bodily injury means bodily injury that is life-threatening, causes permanent disfigurement, or impairment of bodily function. In other words, the bar is lower when the victim is disabled or elderly.
- The definition of “disabled” means anyone with a mental, physical, or developmental disability who cannot protect against harm.
- Another important definition is what constitutes a “deadly” weapon: Under Texas law, this would include:
- A firearm.
- Any object designed for inflicting death or serious bodily injury.
- Any device capable of causing death or serious bodily injury when used as intended.
- The “course” of committing the offense includes an attempt. So you could be convicted of aggravated robbery even if you do not complete the crime, and even if you never took anything from the victim. It also encompasses your flight from the scene after an attempt or commission of the offense.

**Severe Punishment for an Armed Robbery Conviction**

As a First Degree Felony, aggravated robbery includes mandatory minimum sentencing. A judge or jury must issue a sentence of at least five years’ incarceration but may order up to 99 years in prison. In comparison, robbery as a Second Degree Felony is punishable by a minimum of two and a maximum of 20 years’ imprisonment. Both offenses carry $10,000.

However, there are certain circumstances under which the punishment for armed robbery is more severe, and the defendant’s criminal history is a key factor. If you are on trial for *any* felony and you have prior prison trips on your record, an “enhancement” applies which raises the mandatory minimum sentences. If you have one prior prison trip, then the punishment ranged is enhanced to 15 years up to 99 years or life in prison. If you have two prior prison trips then the punishment range is enhanced to 25 years up to 99 years or life.

**Do Not Overlook Collateral Consequences**

Another factor you cannot discount when looking at the severity of aggravated robbery charges is what happens after you serve your sentence. Even after you are released from incarceration and paid your fines, there are legal and regulatory penalties that impact your life. These are the collateral consequences that impose restrictions on individuals who were convicted of any crime, though the implications may be lesser for a misdemeanor as compared to a felony.

Initially, you can see from the above that one of the most critical collateral consequences is how a conviction affects future crimes. With a felony conviction for armed robbery on your record, you are subject to the enhancements. Plus:

- You could lose your driver’s license.
- Employment can be challenging with a conviction on your record, whether you are forced to disclose the information or it is uncovered in a background check.
- Your job or business could be in jeopardy, since a conviction may result in revocation or suspension of professional licenses.
- A felony conviction impacts your right to vote and Second Amendment rights.

**Options for Defending Aggravated Robbery Charges**

Considering the penalties and collateral consequences, a solid defense strategy is essential if you were arrested for armed robbery in Texas. You are innocent until proven guilty, and the prosecution must establish guilt beyond a reasonable doubt to secure a conviction. From the above description of the crime, you note that definitions are very important as essential elements. When the government presents its case, your Galveston criminal defense lawyer may fight the allegations on multiple grounds:

- You may be able to contest the severity of the harm to the victim, as aggravated robbery charges only apply to *serious* bodily injuries. This defense presumes you do not have a weapon and the victim was not elderly or disabled.
- In a sense, the prosecutor essentially has to prove three crimes to get a conviction for armed robbery:

1. Theft, which is the unlawful misappropriation of another person’s property with the intent to permanently deprive the owner of it.
2. Robbery, i.e., theft accompanied by violence, threats, and other acts intended to place the victim in fear of harm or death.
3. Armed robbery, in which the crime of robbery along with serious bodily injury, use or brandishing a weapon, or bodily injury to a vulnerable victim.

By attacking the government’s evidence, you may be able to raise the shadow of a doubt in the minds of jurors.

- For all theft crimes, including robbery and aggravated robbery, the prosecution must show that you acted intentionally, knowingly, or recklessly. There can be challenges for the government in proving your state of mind.

When the prosecution rests, it is your turn to present exhibits and witnesses in your defense. You will not be required to take the stand, and it is usually recommended that you do not testify. Your protections regarding self-incrimination under the Fifth Amendment apply, and you cannot be forced to act as a witness against yourself. Your defense attorney may rely on other sources of evidence to present such defenses as:

- Lack of knowledge or intent.
- There was little bodily injury.
- The victim did not have reasonable grounds to fear injury or death.

**Other Strategies for Addressing Armed Robbery Charges**

The nature of aggravated robbery cases provides you with additional options to fight the allegations. For instance, you may be able to plea bargain the charges down to robbery or theft. The punishment is less severe, and you could end up with a misdemeanor conviction after pleading guilty in exchange for lenience.

**Count on Our Galveston County Criminal Defense Attorneys for Legal Help**

This overview should help you understand that armed robbery charges in Texas are extremely severe and can lead to substantial penalties that can have life-altering repercussions. Still, the harshest punishment only applies if you are convicted. With help from a skilled lawyer, it may be possible to defend the allegations or plea bargain for a favorable outcome.

If you are facing armed robbery charges you do not have to do so alone. Please contact Criminal Defense Attorney Mark Diaz to set up a consultation. Individuals in Galveston County and Greater Houston can call (409) 515-6170 to speak with a [Texas criminal defense lawyer](/landing-form/). After assessing your circumstances, we can advise you on potential defense strategies.

**Categories:** Armed Robbery

**Tags:** Armed Robbery, Criminal Attorney

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### [Galveston Criminal Defense Attorney Discusses Domestic Violence Increase And COVID](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-domestic-violence-increase-and-covid/)

**Published:** January 24, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2022/01/domestic-violence.jpg "domestic violence")

## An Update On Criminal Law And Domestic Violence Increases During The COVID Pandemic

I wanted to talk about some new things that have started coming up. I think I’ve talked about it before, but during the initial COVID shutdown, we saw an increase in domestic violence cases. It’s pretty clear that it was because people were forced to spend too much time together.

Not to say that just because people spend time together, there will be an increase in domestic violence cases, but I think it was all the added stress associated with the virus and the inability to connect with other people. All this stress combined with everyone being stuck at home for almost a year made it difficult for people to get along sometimes.

We did see an increase in domestic violence cases, and we knew it was from spending too much time together, that was just a logical conclusion that was drawn from seeing the numbers.

Those of you here in Galveston county know that recently, our [COVID numbers have reached new heights](https://www.gchd.org/public-health-services/covid-19/covid-19-dashboard), which led to the suspension of jury trials again. So far, it appears that those are going to start up again, possibly by January 31st.

However, we will have to wait for Phillip Kaiser to advise us on the numbers, whether we’ve peaked yet, and the numbers are on the downslope, or whether the number of cases is still rising in the next couple of weeks, that remains to be seen. I’m curious to see if this big rise in numbers, which is causing people to quarantine again, will also lead to a new rise in domestic violence cases.

It may be different this time because while people are forced to quarantine, society is still open. We may find that people choose to violate the quarantine rules and go out anyway. Rather than sit at home and fight with their family. I guess we will have to see how that turns out.

This leads to a new issue, which the legal community, and the criminal defense community, are monitoring very closely. That is whether or not this Texas abortion ban stands. If it ultimately stands, it is going to lead to more domestic violence situations. Will an abusive man not allow his spouse to get an abortion within the six weeks allotted (if she can even figure out she’s pregnant that fast)? If she wants to get an abortion, would he physically harm her to keep her from doing so?

On the flip side, will abusive women try and use their pregnancy against their spouse, or use it to trap them in the household? It’s just so unclear whether or not the abortion ban will ultimately survive, but if it Does are we going to see an increase in domestic violence cases as a result? It is an interesting point to consider.

We saw during the initial shutdown, a rise in domestic violence cases, just like we see a rise in domestic violence cases during the holidays when families are gathered together, not working. So I came across this article about a woman who was in the trap of, wanting to get an abortion to get away from her abuser and she was worried about how the abortion ban might affect her. That got me thinking, could this ban lead to a slew of different abusive scenarios? It could.

As I’ve said before, we’ve defended many females who have assaulted males. It’s not necessarily always husband and wife. We’ve represented a woman who tried to hit her boyfriend with a car. These things happen. When you start imposing rules on people like imposing a lockdown, forcing people to stay home, imposing abortion bans, and forcing people to do things, there are consequences that may come along that we didn’t think about when we were doing the legislation. If you have been accused of or charged with domestic violence in Southeast Texas or any other serious crime call [Mark Diaz & Associates](/) at (409) 515-6170.

**Categories:** Domestic Violence

**Tags:** COVID, domestic violence

---

### [What Percentage Of Domestic Violence Cases Get Dismissed?](https://texascriminaljustice.com/what-percentage-of-domestic-violence-cases-get-dismissed/)

**Published:** February 3, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2022/01/domestic-violence-1.jpg "domestic violence")When you know that Texas laws take [domestic violence, or “family violence” as it is referred to in Texas](http://www.nationalcenterdvtraumamh.org/resources/national-domestic-violence-organizations/) very seriously, you probably expect that the percentage of cases that get dismissed will be pretty low. After all, the [Texas Department of Public Safety](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf) (DPS) arrests almost 225,000 offenders for family violence, which refers to an act of physical harm or threat of harm against a member of the family or household. A breakdown of this figure reveals that:

- Almost 95% of all arrests are for assault, with simple assault being the most common.
- Sex offenses represent 3.4% of all domestic violence cases.
- Almost 2,500 people are charged with kidnapping or abduction.

Therefore, you might assume that the vast majority of these individuals will face serious penalties in a domestic violence case. It might come as a shock to learn that many do not result in the worst-case scenario that you expect. A dismissal, acquittal, or another favorable outcome may be possible with help from a [Galveston domestic violence defense attorney](/domestic-violence/). In addition, a summary of the relevant legal concepts is useful.

## **Two Types of Domestic Violence Cases in Texas**

Before getting to the issue of dismissals, you should first understand that there are two separate types of proceedings linked to domestic violence:

### Criminal Domestic Violence

An attack or other act of violence is criminal regardless of the relationship between the offender and victim; however, the crime is considered domestic violence when the relationship involves a family member, housemate, current or ex-spouses, or people in a current or prior dating relationship. There are four forms of unlawful conduct that may constitute domestic violence crimes:

1. A person commits domestic assault by intentionally making physical contact with a victim, which causes injury or which the offender knows the victim would find offensive.
2. The crime is aggravated domestic assault if the assailant caused serious bodily injury or used a deadly weapon to commit assault in such a way as to put the victim in fear of injury or death.
3. If you choke a family or household member, you could face charges for a specific type of domestic violence. Using physical contact or force to impede breathing is a more serious crime.
4. The charge of continuous domestic violence applies when someone commits two of the above types of domestic assault within 12 months.

The outcome of a criminal domestic violence case will be a finding of guilty or not guilty unless the charges are dropped during the pretrial stages.

### Civil Domestic Violence

Under certain circumstances, a victim of domestic violence does not want to press criminal charges against the alleged assailant but seeks the court’s protection against future attacks. That person can file a petition for a protective order, sometimes called an injunction or order of protection. The remedy is civil in nature because there is no verdict of guilty or not guilty.

Instead, the outcome of the case is a “win” for the petitioner if the judge enters a protective order. This is the likely result under most circumstances because of how the process works. The alleged attacker, i.e., the respondent, will usually not be present in court to contest the petitioner’s claims. A petitioner can obtain an ex parte order of protection without providing notice of the hearing to the respondent. However, the protective order can only be in place for 20 days before the next hearing, during which the respondent has the opportunity to defend the allegations.

## Standard of Proof for Dismissals

In a criminal case, including domestic assault, the prosecutor must prove the highest burden of proof in the practice of law: Proof of guilt beyond a reasonable doubt. Any question or uncertainty in the mind of the jurors requires a verdict of not guilty. Keep in mind that the government is required to establish each element of the domestic assault offense in accordance with this standard. The prosecution may face challenges with:

- Proving state of mind, since your actions only constitute domestic violence if you acted intentionally, knowingly, and or recklessly.
- The victim’s state of mind as it pertains to what contact could reasonably be deemed offensive.
- Evidence showing that the victim’s injuries were serious.
- Proving two or more cases of domestic violence in the past 12 months, which is necessary to pursue charges for continuous domestic assault.

If the prosecutor does not have sufficient evidence to meet the burden of proof, the domestic violence charges should be dismissed. Galveston domestic violence defense attorneys can often get them dropped through a motion to dismiss before trial, but you will also get a chance to fight the allegations at trial. Technically, this strategy does not involve a dismissal of the case, but rather an acquittal, i.e., finding of not guilty.

### How Domestic Violence Cases Get Dismissed

There are many different defenses and strategies that could lead to a dismissal or acquittal, so keep in mind the following:

- In a criminal domestic assault case, the government is the plaintiff, and the alleged offender is the defendant. The victim is not a party but acts as a witness. If the alleged victim does not cooperate, there may not be sufficient evidence for the prosecution to meet its burden.
- If the accuser has a history of pressing charges based upon false allegations of domestic violence, the prosecutor may elect to dismiss the charges.
- When a judge has entered a protective order related to domestic violence, the respondent will be required to avoid contact and communication with the alleged victim, among other conditions. However, if the victim engages in acts that put the respondent in violation of the order, the allegations of criminal domestic assault are weakened.
- Emotions can run high during a domestic altercation, so the victim may also be to blame for how the incident escalated. In such a case, he or she may claim the right against self-incrimination under the Fifth Amendment. The prosecutor cannot rely on the victim’s testimony, so the charges may be dismissed for lack of evidence.

### What Happens When a Domestic Violence Case is Not Dismissed

In a civil domestic violence case, the court will enter a final protective order if the case is not dismissed. This injunction may be in effect for up to two years. If a criminal case involving domestic assault is not dismissed and a jury finds guilt beyond a reasonable doubt, the penalties vary according to the severity of the offense.

The basic charge for domestic assault is a Class A Misdemeanor punishable by up to a year in jail, up to a $4,000 fine, and prohibit the accused from owning or possessing a firearm. The specific offense, your criminal history, underlying circumstances, and many other factors can lead to more serious charges:

- For a Third Degree Felony, you face a mandatory minimum sentence of two years incarceration and a $10,000 fine. However, a judge could order up to 10 years in prison.
- If convicted for a Second Degree Felony, the two-year mandatory minimum also applies but the maximum term is 20 years of incarceration.
- Aggravated Domestic Assault is a First Degree Felony, punishable by life in prison OR five to 99 years’ imprisonment.

## Penalties for Violating Orders of Protection in Texas

A protective order may be a civil remedy for domestic violence, but it carries some aspects of criminal law that you should note. The order of protection is basically a private statute that applies to you alone. Intentionally violating it is breaking the law. You could be arrested for contacting the victim, going to that person’s home or place of employment, or engaging in other acts prohibited by the order. A first-time conviction is a Class A Misdemeanor, and a subsequent violation of a protective order is a Third Degree Felony.

## Take Action if You Were Arrested for Domestic Violence

One of the best ways you can support your rights is by reaching out to a Galveston domestic violence defense attorney for help immediately after being arrested. Additional tips on what to do about a domestic assault case include:

- Never resist arrest.
- Avoid the person accusing you of domestic violence, even in the absence of a protective order.
- Do not speak to police or answer questions, regardless of innocence.
- In the heat of the moment, avoid making any statements TO the alleged victim. If officers overhear you, this information could be used against you in court.

## **Consult with Our Galveston Domestic Violence Defense Attorneys Right Away**

Your situation may seem grim if you were arrested for an altercation with a family or household member, so the above information should be encouraging. With qualified legal help, it is possible to obtain a positive result in a domestic violence case. Even if the charges are not entirely dismissed, there are defense options and strategies for supporting your rights.

For more information about fighting domestic violence charges in Texas, please contact Criminal Defense Attorney Mark Diaz. Individuals in[ Galveston County](https://www.galvestoncountytx.gov/) and Greater Houston can call (409) 515-6170 to speak to a member of our team and set up a free initial consultation. After learning more about your circumstances, a [Galveston domestic violence defense lawyer](/landing-form/) can explain what to expect with your case.

**Categories:** Domestic Violence Defense Attorney

**Tags:** domestic violence

---

### [Are Parents Responsible For Crimes Committed By Underage Children?](https://texascriminaljustice.com/are-parents-responsible-for-crimes-committed-by-underage-children/)

**Published:** February 10, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![parental responsibility](https://texascriminaljustice.com/wp-content/uploads/2022/01/parental-responsibility.jpg "parental responsibility")Parents take on an enormous amount of responsibility when they have kids. This is especially true considering the legal, moral, and financial obligations involved with raising a healthy, well-rounded child. However, there is another aspect of parental responsibility that you might not realize when it comes to criminal activity by minors under the age of 18.

The Texas Family Code provides that parents can be held liable for crimes committed by underage children in some situations. When you consider the fact that the [Texas Department of Public Safety](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf) (DPS) apprehends almost 24,000 juveniles every year, application of the statute should be cause for concern as a parent.

Fortunately, the law does not put parents in the same exact shoes as their children when it comes to punishment for a juvenile offense. There are still implications about parental responsibility to note since they affect your financial interests and could lead to civil liability. As a result, families are wise to rely on [Galveston County criminal defense lawyers](/our-team/) for help with cases involving offenses by minors. You might also find it useful to review a parent’s role in crimes committed by underage children.

## Overview of Texas Parental Responsibility Law

As mentioned, the statute is civil in nature and puts parents on the hook for how their child’s criminal activity causes financial loss to the victim. You should note the following points and main provisions of the law:

- The [parental responsibility](https://www.justice.gov/archives/jm/criminal-resource-manual-102-juvenile-crime-facts) statute only applies to adoptive or biological parents or those who have a duty of control and discipline over the child – such as a court-appointing custodian or guardian.
- Parents are liable for property damage only; the law does not cover bodily injury or physical harm caused by the child’s criminal acts.
- You can only be found liable for your child’s acts when they are the result of your own negligence in controlling and disciplining him or her. However, parents may also be responsible for the willful and malicious conduct of a minor aged 10 to 17 years old.
- The parental responsibility law puts a cap on liability, so a parent will not be forced to pay more than $25,000 per incident, court costs, and attorney’s fees.

A special provision applies when the property damage is to a hotel: Parents may be liable for multiple incidents of willful and malicious conduct by their child. The cap is still $25,000, but it could add up if the occurrences are in separate rooms or on different days.

## How to Avoid Liability for Your Child’s Criminal Acts

The best way to sidestep the implications of the Texas parental responsibility law is to defend the underlying charges against your child. The strategies will be different if the case proceeds in adult criminal court as compared to the juvenile system, but the basic defense concepts are still relevant.

***Government’s Burden:*** The government is the plaintiff when pursuing charges against a defendant, and the burden of proof is guilt beyond a reasonable doubt. When the prosecution’s evidence is weak, it may be possible to get an acquittal.

***Pretrial Defenses:*** There may be grounds to get the charges against your child dropped before the case goes to trial or a delinquency hearing. The most common pretrial defenses include:

- Unlawful search and seizure by law enforcement.
- A violation of the right to a speedy trial.
- Police misconduct in detaining your child, such as not notifying parents, delivering the child to a juvenile processing office, or failure to conduct a detention hearing within 48 hours.
- Self-defense.

To gain the benefit of pretrial defenses, you must typically file a motion to dismiss the charges. Alternatively, you can request that the court suppress certain evidence; if the judge agrees and tosses the information, the government may not have sufficient proof to get a conviction or finding of delinquency.

***Defenses at Trial:*** If not dismissed through pretrial proceedings, there is still the opportunity to present defenses after the government rests its case. The most common defenses include:

- Having an alibi.
- Entrapment by government officials.
- Duress.

## Things to Know About Juvenile Cases in Texas

The first important factor to note about criminal activity by minors is the point of the juvenile system, which is less about punishment and more concerned with rehabilitation. Protecting the public is crucial, but juvenile justice proceedings aim to provide treatment, training, and other resources to restore accountability. With this point in mind, there are additional things parents should know about juvenile delinquency cases:

1\. Only children aged 10 to 17 years old can be charged in juvenile court. However, once the minor reaches age 14, certain cases may be tried in adult court. The judge in the juvenile case has the power to execute a judicial waiver transferring the case to adult court for such charges as:

- Capital Felonies.
- First Degree Felonies.
- An aggravated felony related to drug possession, trafficking, or distribution.

A child who is 15 years of age or older could be tried as an adult for a Second Degree Felony, Third Degree Felony, or State Jail Felony.

2\. Police do NOT need a warrant to take a minor into custody; officers can detain a child if they have probable cause to believe the juvenile violated a criminal law, engaged in acts of delinquency, or acted in ways that indicate a need for court supervision.

3\. While a minor may be released pending further proceedings, the judge presiding over the juvenile case may order the child to be detained. The court must hold a detention hearing at the initial proceeding. If the juvenile will remain in custody, additional detention hearings must be scheduled every 10 days thereafter. The judge reviews multiple factors in determining juvenile detention, including:

- The likelihood that the child will flee.
- Whether the child enjoys suitable supervision, protection, and care by a parent, guardian, or custodian.
- Whether there is a parent to return the juvenile to court for hearings.
- Concerns about the child being a danger or threatening the public safety.
- Any prior history of juvenile court proceedings, delinquency, and detentions.

4\. There is a two-stage process in juvenile court, the first of which focuses on whether the minor committed the alleged act. The adjudication phase does not result in a finding of guilty or not guilty, as it would in adult court. Instead, the allegations are either adjudicated as True or Not True. If your child is adjudicated delinquent, the judge turns to disposition or punishment. The specifics vary according to the crime, underlying circumstances, and many other factors. However, juvenile disposition may result in:

- Community service.
- The requirement is to attend education sessions or complete a substance abuse program.
- A driver’s license suspension or disqualification if the juvenile does not yet have a license.
- An order to apologize to the victim and/or attend victim impact sessions.
- Jail time, including house arrest.
- Probation.

If the case is certified for adult court by the juvenile court judge, the penalties are far harsher and long-term. Even a lower-level State Jail Felony is punishable by 180 days to two years’ incarceration, while a First Degree Felony could mean life in prison.

## What To Do if Your Child Was Arrested

You are certainly angry and frustrated by your child’s actions, and it is important to address proper forms of discipline. However, your priority as a parent should be protecting your child’s rights and future. Some tips may be useful:

- Reach out to a Galveston County criminal defense lawyer from the moment you become aware of an arrest and/or detention. Juvenile court proceedings are complicated, but your child enjoys many of the same rights as adults.
- Do not answer questions or participate in an interview if requested by law enforcement, and instruct your child to do the same. Police misconduct may constitute a violation of the Fifth Amendment right against self-incrimination.
- Despite your parental instincts, never allow your own conduct to cross over to criminal acts. You could face charges for obstruction of justice, tampering with evidence, interfering with a witness. All of these actions could lead to felony or misdemeanor charges.
- While it is crucial to get legal representation for your child for proceedings in juvenile or criminal court, parents should consider retaining separate counsel in certain situations. Your interests may diverge from your child when it comes to defending claims under the Texas parental responsibility law.

## Our Galveston County Criminal Defense Lawyers Will Advise You

It is reassuring to know that you will not be going to jail or face other criminal punishment, but you can see that parents can still be responsible in some ways for crimes committed by underage children. However, because of the potential financial implications and consequences for your child’s future, fighting the charges is critical.

If your child is facing juvenile charges in Texas, please contact Criminal Defense Attorney Mark Diaz right away. You can call (409) 515-6170 to schedule a free initial consultation with a [Galveston County criminal defense attorney](/landing-form/). Our office serves Galveston County and Greater Houston, and we are happy to explain the relevant legal concepts.

**Categories:** Criminal Defense Lawyer

**Tags:** parental responsibility

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### [Texas Drug Laws | What You Don't Know Can Hurt You](https://texascriminaljustice.com/texas-drug-laws-what-you-dont-know-can-hurt-you/)

**Published:** February 17, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas drug laws](https://texascriminaljustice.com/wp-content/uploads/2022/01/Texas-drug-laws.jpg "Texas drug laws")It is no secret that state law enforcement cracks down on individuals who violate drug laws in Texas; in fact, Texas makes almost 89,000 arrests for drug abuse violations every year statewide. [Texas drug laws](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.002) define the four primary forms of criminal activity, including:

1. Drug possession, i.e., having an illegal substance in your care, custody, or control.
2. Manufacturing, processing, or otherwise producing controlled substances.
3. Delivering and distributing drugs, familiarly known as drug trafficking.
4. Possessing, manufacturing, or trafficking in drug paraphernalia.

However, there is much more to state laws on controlled substances than understanding the basic descriptions. The nature of the charges can vary widely, so you could be facing a Class B Misdemeanor, a First-Degree Felony, or anything in between. It is essential to retain a [League City drug crime defense attorney](/drug-trafficking/) for legal help with Texas drug laws. In making this point, a familiar adage comes to mind – What you don’t know CAN hurt you.

## Your Rights Upon Arrest

From the moment of your initial encounter and detention, the US and Texas Constitutions protect your civil rights in interactions with law enforcement. Some of these protections even apply to cases involving pre-arrest investigations, which are common when the police seek to collect evidence regarding drug trafficking and manufacturing enterprises. Your constitutional rights cover:

- Unlawful Search and Seizure: The Fourth Amendment restricts police from conducting unreasonable searches and seizures. Officers cannot search you, your home, business, and other places where you have an expectation of privacy unless they have a warrant issued by a judge or another limited exception applies. Any evidence law enforcement seizes in violation of your Fourth Amendment rights cannot be used against you at trial.
- Self-Incrimination: Police cannot force you to be a witness against yourself in a criminal proceeding under the Fifth Amendment. Thus, if you have been placed under arrest and are being interrogated by officers, you can refuse to answer questions or provide statements during said interrogations under the Fifth Amendment. Plus, your refusal cannot act as evidence against you in attempting to prove your guilt in a drug case.
- Right to Counsel: You have the right to be represented by an attorney of your choosing, so exercise it immediately by calling a drug crime defense attorney. Considering the protections under the Fifth Amendment, requesting to contact a lawyer should be the only thing you say to the police.

## How Drug Schedules Work

The Texas Controlled Substances Act is similar to federal drug statutes in some ways, but there is a key distinction related to the organization. US laws create a system of schedules, classifying them according to their use in the medical field and potential for abuse. Texas statutes establish Penalty Groups as follows:

- Penalty Groups 1 and 1A: Drugs in this category have no recognized medical use and are likely to cause substance abuse. As such, possession, manufacturing, or trafficking in these controlled substances will lead to the most serious drug charges.
- Penalty Group 2 and 3: In this class, controlled substances may have some use by medical professionals, but there is still the risk of abuse. Mushrooms, Xanax, and some steroids fall in these categories.
- Penalty Group 4: Controlled substances such as codeine and opium fall in this classification, which involves the least serious drug charges.

Marijuana referred to also as “marihuana” under Texas drug laws, falls into its own category, and it is important to note how different forms affect the charges. A wax, oil, concentrate in a vape cartridge, and other derivates begin as a felony, regardless of the amount. In practice, this means that having leafy marijuana v. a small amount of weed wax may mean the difference between a misdemeanor and felony.

## **T**he Government’s Burden of Proof

You hear the term “proof beyond a reasonable doubt,” but not understanding the details could harm your interests. The prosecution has the highest burden among all types of cases, and it refers to situations where the evidence demonstrates that there is no reasonable doubt as to the defendant’s guilt. Even a minuscule amount of skepticism in the minds of the jury can result in an acquittal.

Plus, the burden of proof beyond a reasonable doubt applies to every element of a drug crimes case, so the prosecutor must establish multiple sets of facts. The intent is an element for all drug offenses, which means there must be evidence of your state of mind. For instance:

- To get a conviction on drug possession charges, the government must prove that you knowingly, intentionally exercised control over a controlled substance.
- For a drug manufacturing case, the prosecutor must establish that you produced, processed, or cultivated the controlled substance with the intent to deliver.
- A drug trafficking case requires proof that you distributed a controlled substance to another person, regardless of whether you received money or another item of value in exchange.

If you do not know the government’s burden, you cannot appreciate the different ways to counter the evidence and expose weaknesses.

## Defenses and Strategies in Texas Drug Cases

The prosecutor will rest its case-in-chief after presenting all witnesses and exhibits, and after your drug crimes defense lawyer has the opportunity for cross-examination. At this point in the legal process, you have the opportunity to present defenses. The details depend on the charges, but options include:

- Lack of knowledge that the controlled substance was illegal.
- Failure to exercise control or management of the drug.
- Insufficient quantity to qualify for manufacturing or trafficking charges.
- Entrapment by undercover government officials.

Note that the standard of proof is NOT the same when comparing the government’s burden to the accused when presenting defenses. You must establish a defense by a preponderance of the evidence, which basically amounts to 50-50. In other words, the evidence needs to show that it is more likely than not that the defendant should be acquitted.

## Texas Drug Court

What you don’t know about Texas drug laws can hurt you in a big way if you are not aware of a special proceeding for resolving the charges: Drug court. The process is similar to what you might think of as probation, but there are a few important points to note:

You must qualify for the Texas drug court program, and only those arrested for nonviolent drug offenses are eligible.

- The drug court program includes intense supervision, ongoing testing for controlled substance abuse, and participation in frequent treatment sessions.
- The duration of a typical drug court case is 12 to 18 months.
- Drug court may be a part of your sentence after being convicted of a controlled substance offense.
- Alternatively, you might be eligible for drug court as a pretrial or diversion program. By completing the terms set by the judge, you could qualify to have the charges dropped entirely, and maybe even expunged later down the road.

## Penalties for a Conviction Under Texas Drug Laws

While all aspects of a criminal case are important, what you don’t know about the penalties could surprise you. The charges are a product of the amount of the drug, what you were doing with it, your criminal history, aggravating factors, and more. At a minimum, a violation is a misdemeanor punishable by up to a year in jail and a $4,000 fine. The penalties for a conviction increase with the severity of the charges:

- Possession of smaller amounts of drugs in lower Penalty Groups may be a State-Jail Felony. For a conviction, you might be sentenced to 180 days to two years in prison.
- A conviction for Third-Degree Felony drug charges could mean a minimum of two and a maximum of ten years in prison.
- If you are convicted of selling larger amounts of marijuana, the punishment for a Second-Degree Felony is two to 20 years’ incarceration.
- Manufacturing or distributing large amounts of drugs (in Penalty Group 1) and can lead to First-Degree Felony charges. If convicted, the minimum mandatory sentence is five years in prison; however, a judge could sentence you up to life in prison.

These penalties alone should convince you that retaining a League City drug crime defense attorney is a priority, but there are collateral consequences to keep in mind. These are the legal and financial implications that affect your life even after you serve your sentence. One of the most impactful is in the area of employment since a background check into your criminal history will reveal a conviction for drug crimes. There are also ramifications for:

- Any professional or business licenses you hold.
- Your ability to qualify for loans, housing, and student aid.
- Driving privileges, since your license may be suspended after a conviction.
- Your voting rights and qualifying to run for public office.
- Your Second Amendment right to bear arms.

## A League City Drug Crime Defense Attorney Will Protect Your Rights

These are just a few examples of what you don’t know CAN hurt you when it comes to Texas drug laws. Fortunately, you do not need in-depth details when you have experienced legal counsel on your side. A lawyer will guide you through the criminal process and take advantage of every defense opportunity along the way. While a dismissal or acquittal would be an ideal outcome, other options can deliver positive results.

If you are facing charges for drug possession, manufacturing, or trafficking, please contact Criminal Defense Attorney Mark Diaz. Individuals in Galveston County and Greater Houston can schedule a no-cost consultation by calling (409) 515-6170. After assessing your circumstances, a [League City drug crime defense lawyer](/landing-form/) will advise you on the next steps.

**Categories:** Drug Crime Defense Attorney

**Tags:** drug laws

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### [What Is The New Expungement Law In Texas Passed In 2021?](https://texascriminaljustice.com/what-is-the-new-expungement-law-in-texas-passed-in-2021/)

**Published:** February 24, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![expungement](https://texascriminaljustice.com/wp-content/uploads/2022/01/expungement.jpg "expungement")Texas lawmakers enact new laws and amend existing statutes quite frequently, but one legislative update in 2021 might have slipped under the radar if you do not follow the latest in criminal law topics, specifically the law surrounding expunctions in Texas. For those unaware, an expunction is a post-trial process that allows for the person who was arrested to petition to the court asking to delete any and all records of the arrest, making it inaccessible to the public going forward and even inaccessible to law enforcement.

Historically, the reach of the statute has been relatively limited and only applies to certain criminal defendants in very specific circumstances. With [recent changes to the Texas expunction law](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm#55.01), the reach is less limited, meaning more people can now be eligible to petition the court to wipe their criminal record clean.

Nonetheless, the newly expanded availability of [expunctions for criminal defendants after the law change](/early-impacts-from-the-new-texas-expunction-law/), unfortunately, does not make the process of petitioning the court and handling the case to the end any easier. There is nothing automatic about clearing your record, and the eligibility rules are still strict despite changes to the availability of the expunction statute. To prevent errors and omissions from affecting your future, it is smart to rely on [Texas expunction attorneys](/expungements/) for legal help. You can also review some basics about the new expunction law Texas passed in 2021.

## Overview of Texas Expungement Laws

As an option for clearing your criminal record, an expunction is available only under limited circumstances. In general, you only qualify if you were not convicted and did not enter a guilty plea to resolve your criminal matter. Some of the specific grounds for an expunction include:

- After being arrested and charged, you were acquitted by a judge or jury.
- Even if you were found guilty at the trial court level if a higher appellate court overturns that finding of guilt and determines you should be exonerated.
- You were arrested, but prosecutors and/or law enforcement did not present charges within the statutory time period. Texas has a statute of limitations for most crimes; generally speaking, the more serious the crime, the longer the statute of limitations is. Some offenses carry no statute of limitation, such as murder or sexually assaulting a child, while the relevant time period for lesser crimes ranges anywhere from three to 10 years.
- After your arrest, officials did not present charges and will “certify” your expunction. This means the state agrees that the information related to your arrest will not be necessary for a criminal case against you or even someone else.
- The charges against you were dismissed, and if it can be shown that the presentment of the charges against you was made due to a mistake, false information, or other similar reason indicating a lack of probable cause at the time of dismissal to believe the person committed the crime. For instance, if the charges were based upon false information or other circumstances indicating an absence of probable cause, you may qualify for an expunction.

### Legal Process For An Expunction in Texas

In almost every case, you will need to initiate the expunction process by filing a Petition for Expunction with the district court in the county where your arrest record is. You must provide basic information about yourself, the case you are seeking to expunge, and the grounds for expunction. You will complete and sign the petition under oath, which means your statements have the effect of testimony. There are serious penalties for providing false or misleading information. There are many other very technical items that must specifically be included in the initial petition for expunction. The law is very strict regarding the content and form of the petition, so strict adherence is a must.

After filing the petition, you will be given a future hearing date for the court to consider the issue. If you are eligible and meet all requirements, the court enters an Order of Expunction. Unfortunately, errors and omissions could have devastating consequences. The judge will deny the expunction if there are any issues with your petition, supporting documents, or during the hearing. Further, the state has the opportunity to object to your grounds for an expunction if it feels you are not entitled to the expunction. If the state does oppose, then it will advance its opposition at the hearing before the court and the judge will make the final call.

If the judge grants the expunction and signs the Order of Expunction, this is the document you will need to get to all involved agencies with documentation needing to be erased. It must be submitted to all agencies or organizations that have records about the case, at which point they will either delete the documents or return them to the court within a specific amount of time, and if they don’t, they face steep consequences with the court or under the law.

### Benefits of Expunction for Your Future

In a successful expunction, all records related to your arrest, and all documents stemming from it, are removed from your criminal history. The case will not show up if you are required to submit to a background check for employment or other reasons. Plus, you do not have to disclose the matter if asked about your criminal history in some official capacity.

As such, an expunction is a powerful legal remedy to avoid the collateral consequences of a conviction. Below is a non-comprehensive list of the legal implications and/or consequences that likely result from being convicted, and which continue to impact most of your life going forward. Depending on the nature and severity of the crime, collateral consequences may include:

- Difficulties with employment.
- Revocation of a business or professional license.
- Suspension from school, college, or university.
- Disqualification from public housing and other benefits.
- Being ineligible for certain loans.
- Suspension of your driving privileges.
- Denial of right to vote.
- Denies the right to legally possess a firearm.

There can even be collateral consequences for your rights as a parent since courts may look to your criminal record when making decisions about child custody and visitation.

### Another Option for Post-Conviction Relief

Even if you do not qualify for an expunction, you might be eligible for other legal remedies that offer similar benefits. The next best option is nondisclosure, which can hide or seal records of a criminal case. In a successful nondisclosure case, you can obtain an order requiring parties to seal the documents related to the case. You cannot force them to delete them, that is the function of an expunction. Instead, with a nondisclosure, the records are still available, but they are hidden from public view; only law enforcement and certain agencies will still have access. Even with just a nondisclosure, however, you likely will not face most of the collateral consequences listed above, so there are huge benefits to this post-conviction method of relief.

## Get Legal Help from Our Skilled Galveston County Expunction Attorneys

The new updates to the expunction law that Texas passed in 2021 should be encouraging and exciting news for many individuals who qualify under the expanded provisions. If you are eligible or entitled to an expunction, it’s always a good idea to get it done before it hurts you in the future. However, you can see from the above information that the statute surrounding expunctions is complicated and the process is almost always overwhelming to someone who isn’t experienced with handling them.

To ensure the best possible outcome, it is critical to retain our experienced [expungement lawyers in Galveston](/expungements/) who know how to handle expunctions from start to finish. For information on how our team can assist with an expunction, please contact Criminal Defense Attorney Mark Diaz. You can schedule a no-cost initial consultation by calling (409) 515-6170.

Our Galveston County expunction lawyers serve clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(updated 7/10/24)

**Categories:** Expunction Attorney

**Tags:** expunction, expungement

---

### [Galveston Criminal Defense Attorney On Bail Bond Process & Bail Reform](https://texascriminaljustice.com/galveston-criminal-defense-attorney-on-bail-bond-process-bail-reform/)

**Published:** February 21, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![bail bonds](https://texascriminaljustice.com/wp-content/uploads/2022/02/bail-bonds.jpg "bail bonds")

## Bonding Process in Galveston County

Hey guys, I’m back here giving y’all another live session. I apologize for not being here last week, I was in a jury trial for aggravated assault with a deadly weapon. The jury returned a verdict of not guilty for my client.

This week, I thought that I would talk a little bit about bail bonds and the bond process here in Galveston, and then I’ll tie that into bail reform and how it has affected us. So, generally speaking, if you are arrested or charged with an offense, bail is set. You can either post a cash bail, which means you pay the money of the bail directly to the county, or you can use a bail bondsman.

### Misdemeanor Bail Bond

A good example is let’s say it’s a simple misdemeanor, and your bond is set at $500. If you have the money, you can simply pay the $500 to the Sheriff’s Department. They will accept your money as the bond and let you out on what is called a cash bond. So, what happens to your money once the case is resolved, and that means ultimately, resolved, your money is refunded to you minus a small administrative fee.

### Felony Bail Bond

When I say once your case is resolved, the money is refunded to you, that means whether you’re found guilty, not guilty, you take probation, whatever happens, once the case is over, your money is returned to you. Now, a lot of people don’t have that option. If their bond is, let’s say $50,000 for a felony offense. A lot of people don’t have $50,000 to just pay the county to be released and then you know, get their $50,000 back at some point.

### Galveston County Bail Bond Companies

So that’s where a [bail bonds company](https://www.galvestonbailbonds.com/) comes into play. They will charge you typically 10% of the bond amount to get out. So, on a $50,000 bond, the bonding company will charge you $5,000 for you to be released on bail, and you get absolutely none of that $5,000 back because it’s the fee that you’re paying for the bonding company taking liability on the entire $50,000 to the county, should you choose to run.

It doesn’t happen often, but it does happen that people flee. Then the bonding company can be on the hook to the county for that $50,000 If they don’t find you and produce you within a certain amount of time.

## Bail Reform And Bond Reform

Now you may have heard, it’s been on the news, and it’s pretty much nationwide, there has been bail reform and bond reform across the country. Usually initiated by the ACLU, which aims at not necessarily lowering bond, but trying to make it where cash bond is not the whole reason that someone is sitting in jail.

### Bail Review

So, here in Galveston what was initiated after the bail reform initiative started, was something called bail review. Let’s say you get arrested today. Your bond is set at $50,000 and you can’t make that bond either by yourself or through a bonding company. You will go to bail review, and you’ll have two opportunities to do that. It happens twice a day, around 6 am and then again around 6 pm. At bail review is a defense attorney, it is not your defense attorney for your case.

A defense attorney is there to review your bond amount and present any arguments that you may have for a reduction in bond to the magistrate conducting bail review. There’s also a prosecutor to argue against it if that’s appropriate. Many times, I’m told that the defense attorney and the prosecutor that are there reach an agreement on a bond reduction for people when it’s appropriate.

So, in Galveston County, if you’re in jail, and bond is set that you cannot afford, you will have one, maybe two opportunities at getting that bond lowered by a magistrate. Then you can bond out. Before bail reform, there was no such system in Galveston County. You would sit in jail until you could either afford an attorney to have a bail reduction hearing for you, or the court-appointed you an attorney.

The problem with that system was you could be looking at weeks before that could happen. People would sit in jail for all that time simply waiting to get a bond reduction before their case even actually got started. The problem with that is that most people cannot afford weeks in jail.

Most people’s jobs will not wait for them for weeks at a time. Bill collectors will certainly not wait when you get behind on your money. Forcing people to sit in jail simply because they can’t afford bond, in some situations has long and far-reaching problems. That was sort of the premise for bail reduction.

## Bail Bond Companies Adjust To Reform

The other was it was increasingly being applied to poor people that did not have the financial means and they were unjustly being held incarcerated just because of bail for long periods of time. As a result of this, and people getting reductions, bonding companies were affected financially.

For private bonding companies, the way they make their money is by charging people 10% of their bond amount. What started happening was that bonding companies started competing with each other, for more business. Certain bonding companies started cutting their fees to be much less than 10%. Then they would give you a payment plan on the rest.

So what this has caused, and I’ve seen it on the news, is that since bonding companies have been willing to reduce the amount that they would take for bail, people with higher bails and more serious crimes are now making bail, when before this they could not. There have been stories of bonding companies taking as low as 2% for a person to get out.

So whereas if a person is charged with a serious crime, and let’s say they have a $100,000 bond, which was meant to hold them in custody, before it would have cost them $10,000 to get out. Families would have trouble raising that money. So if you got a bonding company now willing to take 2% on $100,000. That’s only $2,000.

Some people argue that bail reform has led to more serious offenders being released because of practices like that. Then, of course, that’s when you see on the news that this guy committed a crime, but he was already charged with some other serious crime that he was on bond for. It’s interesting, because, prior to bail reform, those that were proponents of bail reform did not see that the private market, meaning bonding companies would adjust.

However, it makes perfect sense. No one wants to go out of business because the system changed. They’re just going to change their practices so that they can continue to pay their employees, make money, and continue to do business. Now that it’s been quite a while, we’re starting to see how the reform has affected us. I know that in Harris County, there’s been a push to force bonding companies to accept 10% and 10% only and not less for bonds. We’ve not seen anything like that in Galveston, and in Galveston, we don’t have the same type of issues that they do in Harris County.

Although we do have people here in Galveston County that have taken advantage of it, and there are a couple of bonding companies out of Harris County that will do Galveston County bonds, and do them for substantially reduced down payments, and then have the client continue to make monthly payments on the full 10% amount.

So we do see that here, I saw it on the news, read several articles on it, and it just kind of piqued my interest so I thought I would talk about it here. Again, it’s not as widespread here as Harris County, but it has happened here in Galveston County. I have some clients out on some huge bonds, that I was shocked they were able to make but their bonding company worked with them. Have a good week, see y’all next time.

If you or a family member is facing charges in Texas, please contact Criminal Defense Attorney Mark Diaz right away. You can call 409-515-6170 to schedule a free initial consultation with a [Galveston County criminal defense attorney](/landing-form/). Our office serves Galveston County and Greater Houston, and we are happy to explain the relevant legal concepts.

**Categories:** Criminal Defense Lawyer

**Tags:** bail bonds

---

### [Can You Be Charged For Selling Drugs In The Past?](https://texascriminaljustice.com/can-you-be-charged-for-selling-drugs-in-the-past/)

**Published:** March 3, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/02/Diaz_drug-trafficking.jpg "drug trafficking")It may not come as welcome news, but YES, due to Texas drug crimes law, you can be arrested for drug trafficking in Texas even if you engaged in the criminal activity some time ago. In cases where authorities conduct a lengthy investigation to obtain enough evidence to charge you, there might even be several months or years in between the drug transaction and an arrest.

However, it should be reassuring to note that officials do not have an infinite amount of time within which to apprehend someone suspected of drug trafficking. The [Texas statute of limitations](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.12.htm#12.01) applies to all criminal cases, and it generally gives authorities a longer deadline to arrest a person when the charges are more serious. For some crimes, there is no statute of limitations. Murder and sexual assault are examples. The period for most felonies varies from ten years to three years based upon the charge; the limitations period for misdemeanors is two years.

As such, the nature of the charges will dictate how far into the past you can be arrested for selling controlled substances. Regardless of the statute of limitations, make it a priority to get legal help right away. [Galveston drug trafficking lawyers](/drug-trafficking/) are more effective when you reach out as early on in the criminal process as possible. Some general information is also useful.

## Summary of Texas Drug Trafficking Laws

Like many other US states, Texas controlled substances laws are organized according to the drug and type of unlawful activity. Drug trafficking is defined as knowingly delivering, selling, manufacturing, or purchasing controlled substances.

When the illegal activity is selling drugs, the next focus becomes how it is classified and the amount involved in the transaction. Instead of the schedule system used by the federal government and other states, Texas classifies drugs by Penalty Groups running from 1 to 4. Controlled substances in the lower numbered groups have no or limited use in the medical field and are more likely to lead to abuse. For example:

- Penalty Group 1 and 1-A: cocaine, heroin, crystal meth, and LSD.
- Penalty Group 2: PCP, THC oil (or commonly referred to as “weed wax”), psychedelic mushrooms, and ecstasy.
- Penalty Group 3. Valium and anabolic steroids.
- Penalty Group 4: Opioids, codeine, and substances containing opium.

The reason these categories are important for purposes of selling drugs in the past is that a different statute of limitations applies. Even small amounts of drugs in the lower penalty groups could lead to a felony. Smaller amounts of Penalty Group 4 might be treated as a misdemeanor, limiting officials to two years.

### Penalties for Selling Controlled Substances

The specifics of the charges will determine what punishment someone could face for a drug trafficking conviction, but even the low end could mean a Class A Misdemeanor. If convicted, you face up to a year in jail, a $4,000 fine, or both. The penalties increase by severity:

- For a State Jail Felony, the range of punishment is 180 days to 2 years’ incarceration.
- If convicted of Third-Degree Felony drug trafficking, the mandatory minimum is 2 years in prison and up to 10 years of incarceration, and a $10,000 fine.
- The mandatory minimum sentence for a Second-Degree Felony is also 2 years, but a conviction could mean up to 20 years’ imprisonment.
- For First-Degree Felony drug trafficking, a person could be sentenced to a minimum of 5 and up to 99 years, or life in prison.

### Special Considerations for Marijuana Trafficking

While other jurisdictions have legalized or decriminalized marijuana for personal use, Texas still considers possession, sale, and delivery of marijuana as a crime. However, the laws are somewhat more lenient as compared to those controlled substances specifically assigned to a penalty group. Marijuana trafficking is also charged as a felony or misdemeanor based upon the amount and related factors. Therefore, the statute of limitations will be two or three years depending upon the nature of the charges.

- You face misdemeanor charges for selling 4 ounces or less, but there is a distinction on whether there was money exchanged. It is a Class A Misdemeanor to traffic cannabis with remuneration and a Class B Misdemeanor without payment. A Class B Misdemeanor is punishable by up to 180 days in jail and a $2,000 fine.
- Selling marijuana weighing 4 ounces to 5 pounds is a State Jail Felony.
- For trafficking 5 to 50 pounds, you could face Second-Degree Felony charges.
- You could be arrested for a First-Degree Felony for dealing in 50 to 2,000 pounds of marijuana.

### Options For Fighting Drug Trafficking

Assuming the statute of limitations has not expired, authorities will pursue charges for felony or misdemeanor selling of drugs. Always keep in mind that you are innocent until proven guilty and that the prosecution must prove guilt beyond a reasonable doubt with respect to each element of the crime. The burden is the highest in all of US law, so any question in the minds of the jury could lead to an acquittal.

Some additional points are important when assessing defenses and strategies for fighting the charges:

- Another important point with respect to the standard of proof beyond a reasonable doubt is that it may open the door to plea bargaining. When the prosecutor realizes that the evidence and legal arguments are weak, the government may be more willing to resolve drug trafficking charges by agreement than risk a loss.
- Drug trafficking charges are often preceded by a lengthy investigation as law enforcement and detectives gather evidence for probable cause. At times, police may engage in misconduct that violates your civil rights. Specifically, the Fourth Amendment protects against unlawful search and seizure. If officers obtain evidence through illegal misconduct, it must be excluded from the case. Without essential information, the prosecution might not meet the high standard of proof.
- You might qualify for Texas drug court, a court supervision program that aims to treat addiction rather than incarcerate people with substance abuse problems.

There are also options for resolving drug trafficking charges through probation or deferred sentencing. However, there are strict conditions set by the court, and breaking the terms could mean even harsher penalties.

### Evidence Issues

If you were charged for selling drugs in the past, there may be additional strategies to fight the charges based upon evidentiary issues. When months or years have passed, certain evidence may deteriorate and witness recollections fade.

This is exactly the sort of scenario lawmakers anticipated when implementing statutes of limitations. Problems with evidence are also a reason that prosecutors may sometimes consider plea bargaining instead of going to trial with weak evidence.

### How a Galveston Drug Trafficking Attorney Supports Your Rights

More often than not, when it comes to facing a Texas drug offense, it is rare that you will need to raise the issue of the statute of limitations barring prosecution. Law enforcement officers and prosecutors know that their best bet for getting a conviction is to pursue charges right away. However, based upon the defenses and strategies described above, you can see that an arrest is just the beginning of the case. You can count on a skilled lawyer to protect your interests through other opportunities:

- Shortly after an arrest for drug trafficking, you will be brought into court for arraignment. At this first appearance, the court will read the charges against you and ask you to enter a plea. You will also have the chance to address bail. By posting a bond, you can be released pending your trial date.
- If police engaged in misconduct in their investigations or when making an arrest, you might be able to have evidence excluded in some scenarios after that happens, the government may have no choice but to dismiss charges. A criminal defense attorney will file the appropriate motions to exclude evidence in hopes it leads to a favorable result.
- A plea bargain can be advantageous because the charges could be reduced, and the penalties are not as harsh. Your lawyer can explain whether doing so is advisable, especially when you have a solid defense to fight the charges.
- When you go to trial for selling drugs, you will need legal representation to attack the prosecution’s case and possibly present evidence for your case-in-chief.

## Discuss Defense Options with Our Galveston Drug Trafficking Lawyers

As you can see from this legal summary, Texas drug trafficking laws are complicated. Even the statute of limitations is complex knowing that there is a fine line between felony and misdemeanor charges for selling drugs. Fortunately, there are defenses and strategies for obtaining a favorable outcome.

To learn how our team can help with your case, please contact Criminal Defense Attorney Mark Diaz. You can set up a no-cost initial consultation by calling (409) 515-6170. Our [Galveston drug crimes defense lawyers](/landing-form/) represent clients throughout Galveston County and Greater Houston, so we are ready to serve your needs.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal Justice Lawyer

**Tags:** Drug Trafficking

---

### [Is It Possible To Avoid Jail Time For First Time Offense Of Possession Of A Controlled Substance?](https://texascriminaljustice.com/is-it-possible-to-avoid-jail-time-for-first-time-offense-of-possession-of-a-controlled-substance/)

**Published:** March 24, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![possession of a controlled substance](https://texascriminaljustice.com/wp-content/uploads/2022/03/possession-of-a-controlled-substance.jpg "possession of a controlled substance")Even though you are in a better position with no prior drug crime convictions, the punishment for possession of a controlled substance can be harsh. In fact, you might be surprised to learn that the offense could be charged as a serious felony according to the Texas Attorney General’s publication on [Penal Code Offenses by Punishment Range](https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-Offenses-byRange.pdf).

The charges vary according to the type and amount of the controlled substance in your possession, so the charges could range from a minor misdemeanor all the way to a First Degree Felony. Despite the wide range of charges, it is still possible that the judge or jury could sentence you to incarceration if convicted.

However, for a first-time offense of possession of a controlled substance, it may be possible to avoid jail time. Texas drug laws offer different options for resolving the charges, so you might qualify for lenient treatment. Though you should trust a [Texas City drug possession lawyer](/drug-possession/) to explain eligibility and advise you on strategies, a summary of the relevant legal concepts is useful.

**Texas Drug Possession Laws**

An overview of state statutes is a good start for understanding the charges you face for a first-time offense of possession of a controlled substance. Texas drug laws are complicated, but they are based upon three key factors:

1. Type of Illegal Activity: Along with possession, selling, delivering, manufacturing, and trafficking in controlled substances are unlawful activities. Possession could be actual, in the sense that you had the drugs on your person; however, you could also face charges for constructive possession if the items were your bag or glove box of a vehicle you were driving.
2. Type of Controlled Substance: Texas classifies drugs into penalty groups according to their accepted use in the medical field and potential for abuse. Penalty Group 1 includes substances with no medical application and a high potential for abuse, while Penalty Group 4 is on the other end of the scale. Note that marijuana falls into a category all its own, described in more detail below.
3. Amount or Weight of the Drug: After consideration of where controlled substance falls into penalty groups, the question becomes how much was in your possession. Higher amounts of Penalty Group 1 drugs will lead to the most serious drug possession charges.

**Penalties for First Time Offense and Subsequent Convictions**

The three factors mentioned above will determine the nature of the charges, and the variables could lead to anything from a lesser misdemeanor to a serious felony. Some examples and associated punishment for a conviction are helpful:

- Possessing less than 2 ounces of marijuana is the low end of drug offenses in Texas. You face a Class B Misdemeanor punishable by up to 180 days in jail and a $2,000 fine.
- For a Class A Misdemeanor, a judge could order 12 months’ incarceration, a $4,000 fine, or both. An example is possession of fewer than 28 grams of Xanax.
- If you are arrested for possession of less than 1 gram of cocaine, the offense is a State Jail Felony. A conviction could lead to 180 days to 2 years in prison.
- It is a Third Degree Felony to be in possession of 5 to 50 pounds of psychedelic mushrooms. If convicted, the mandatory minimum sentence is 2 years’ imprisonment, though a judge could order up to 10 years.
- A Second Degree Felony is punishable by 2 to 20 years in prison, along with a maximum fine of $10,000. This would be the penalty for possessing between 4 and 200 grams of crystal meth.
- If you are convicted for possession of more than 4,000 units of LSD, First Degree Felony penalties apply. The sentencing range could be 5 to 99 years or life in prison.

**Texas Drug Court as an Option for Avoiding Jail Time**

If you were arrested for certain drug crimes and qualify according to state law, you may be able to take advantage of an attractive option for resolving the charges. Texas Drug Court referred to as Hope Drug Court in Galveston County, is similar in some ways to probation. A program is an intensive form of court supervision, in which someone facing drug charges can receive treatment for addiction instead of jail time. To qualify:

- You must be an adult.
- You must participate in a medical analysis that reveals you have a substance abuse disorder.
- The program is not available to those which a criminal history or those arrested for a violent crime.

If accepted into a drug court, you will be required to meet all terms set by the court. The requirements include random drug testing, participating in substance abuse treatment, and appearing for all hearings.

Drug court may be a diversion option if you were arrested, which means the charges are dropped if you complete the terms of the program. However, participating in drug court might also be part of your sentence in lieu of jail time after a conviction. Despite these attractive features, keep in mind:

- Drug court may not be suitable if you would struggle to comply with the terms established by the court.
- If you have solid defenses or evidence in your favor, it is sometimes better to fight the charges than accept drug court.

**Other Defenses and Strategies for Drug Possession Charges**

When you are not eligible or feel that drug court is not an appropriate solution, there are other options for fighting the charges. Always remember the prosecutor must prove, beyond a reasonable doubt, that you had a designated amount of a drug on your person or within your care, custody, or control. This is a heavy burden, so attacking weaknesses in the evidence is a solid strategy.

Another important defense in drug possession charges relates to what police must do to collect evidence: Conduct an investigation. At times, their efforts may violate your Fourth Amendment rights against unlawful search and seizure. If officers do not have probable cause or a warrant, all evidence turned up during an illegal search must be tossed out of court. Without this information, the prosecutor might not have enough to convict.

In addition, when you are a first-time offender for possession of a controlled substance, the court is more likely to consider plea bargaining as a way to resolve the charges. You could be facing lesser charges, and potentially little or no jail time.

**What to Expect During the Criminal Process**

Being charged with any offense is an overwhelming experience. But, understanding the stages of the criminal process may ease your mind. There are multiple steps along the way to take advantage of the defenses mentioned above.

- ***Arrest and Arraignment:*** After your arrest, the court will hold an initial hearing in which the charges are read in court. You are required to enter a plea, and the judge will address the issue of bond.
- ***Pretrial:*** Both parties may file motions related to evidence or other topics during pretrial. Plus, you are entitled to use discovery tools to gain access to the exhibits and witnesses the prosecutor intends to present at trial.
- ***Trial:*** Most cases for first-time drug possession are resolved during pretrial, but those that do not, will continue to a trial on the merits. The government goes first in presenting evidence, and your attorney will have the opportunity to cross-examine the witnesses and challenge the admissibility of the State’s evidence. Once the prosecution rests, it is your opportunity to present information regarding defenses.

**Trust a Texas City Drug Possession Lawyer for Legal Help**

A synopsis and timeline of a criminal case is useful, but retaining representation puts you in the best position to leverage defenses and other options for fighting the charges. Your attorney can handle such tasks as:

- Representing you during arraignment, to give you the best chance of being released on bond pending your trial date.
- Conducting an investigation to uncover evidence of your innocence.
- Presenting motions to exclude any evidence that was obtained through unlawful search and seizure.
- Consulting with you on the pros and cons of drug court.
- Assessing your eligibility for other probation or deviation programs.
- Discussing a potential plea bargain with the prosecutor.
- Appearing on your behalf for all required court hearings.
- Fighting for your rights at trial for drug possession charges.

**A Texas City Drug Possession Lawyer Will Explain Potential Strategies**

As you can see, it is possible to avoid jail time as a first-time offender for possession of a controlled substance. However, this information also reveals the complications of drug crimes cases. Even when there are options to sidestep incarceration, they may not always be the best fit for your situation. Plus, when a solid defense could beat drug possession charges, it is worthwhile to pursue strategies.

Skilled legal help is critical when facing charges, so please contact Galveston drug possession attorney Mark Diaz to set up a no-cost initial consultation. You can reach our Houston, TX offices by calling (409) 515-6170. After evaluating your situation, a [Galveston County drug crimes defense lawyer](/landing-form/) provides personalized details about your options.

**Categories:** Drug Possession

**Tags:** Drug Possession, possession of controlled substance

---

### [Are Penalties Harsher for Drug Trafficking or Drug Manufacturing in Texas?](https://texascriminaljustice.com/are-penalties-harsher-for-drug-trafficking-or-drug-manufacturing-in-texas/)

**Published:** April 6, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/03/drug-trafficking.jpg "drug trafficking")Texas has some of the harshest drug laws among all US states, so you would probably not be surprised to learn that the penalties are hefty for any violation of the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.112). While possession is generally on the lower end in terms of severity, it is tough to give a definitive answer on whether the penalties are harsher for drug trafficking or drug manufacturing. There are too many variables within the laws, and the range of offenses runs from a serious misdemeanor to a high-level felony. Plus, there are numerous factors that might or must be considered in addition to the statutory language.

Combined, these issues and more make it difficult to say whether drug trafficking is worse than manufacturing. What can be said for sure is that the penalties are serious and may include jail time, incarceration in prison, fines, and much more. Another definite point is that defendants fare better in these cases when represented by [Texas drug crime defense lawyers](/drug-trafficking/). You can read on for a comparison of drug trafficking and drug manufacturing penalties, common evidence issues, and other relevant information as it pertains to these types of cases.

## Penalty Groups

The kickoff point for any drug case is how Texas classifies the controlled substance in type and amount. The state uses a system of penalty groups that is similar to the schedules used by federal law. The most serious controlled substances are those which are most likely to lead to abuse or addiction, and which have no recognized use in the medical profession.

These drugs are categorized in Penalty Group 1 and the degrees of severity decrease as the numbers run sequentially higher. As such, lower classifications include controlled substances that are less likely to cause addiction and/or have a recognized medical use.

For example:

- Penalty Group 1 includes cocaine, heroin, and crystal meth.
- LSD is a common drug in Penalty Group 1A.
- In Penalty Group 2, you will find mushrooms and other hallucinogens.
- Penalty Group 2A includes synthetic marijuana.
- Steroids, Xanax, ecstasy, and other stimulants are found in Penalty Group 3.
- Penalty Group 4 includes various prescription opiates and opioids not covered in Penalty Group 1.

Marijuana is classified within its own penalty group, which is generally less severe than the others.

For both drug trafficking and manufacturing, the basic analysis is the type of drug, the associated penalty group, and the amount of the weight of the controlled substance.

## Statistics on Texas Drug Arrests

Data collected from law enforcement departments throughout the state reveals how officials crackdown on all types of drug offenses. Texas refers to all violations of controlled substances as “drug abuse” arrests, and authorities charge almost 142,000 people each year with these crimes. Possession constitutes the vast majority of cases, but the statistics on arrests for drug manufacturing and trafficking are informative:

- Almost 20,000 people are arrested for sale and manufacturing every year.
- More than half of all trafficking and manufacturing charges relate to synthetic narcotics, followed by opium/cocaine and marijuana.
- Almost 1 in 5 of the total arrests in Texas are for drug abuse.
- Individuals charged with drug trafficking and manufacturing range in age from juveniles 10 to 14 years old up to adults 65 and older. The age group with the highest number of arrests is 20 to 24 years. More than 50 percent of all sale/manufacturing charges involve individuals aged 20 to 38 years old.
- Of all adult males facing criminal charges in Texas, almost 20 percent were arrested for drug crimes. More than 85 percent were for possession, and just under 14 percent of these individuals face drug trafficking or manufacturing charges.

## Penalties for Texas Drug Crimes

Trafficking and manufacturing are both illegal, but they are distinct in nature. Texas uses the term “distribution” to refer to the sale, delivery, or other exchange of controlled substances, which many people know as trafficking. Manufacturing covers a wide range of activities that may be involved with taking a drug and transforming it into usable material. Examples include growing marijuana, cooking meth, combining chemicals to produce LSD, and any other act of preparing, propagating, converting, processing, and compounding.

Still, despite the fact that the laws encompass different acts, the general scheme of sentencing according to type and amount applies. Therefore:

- For a Class A misdemeanor, you face up to 1 year in jail, $4,000, or both.
- If arrested for a state jail felony, the sentence could be 180 days to 2 years’ incarceration, along with a $10,000 fine.
- A conviction for a third-degree felony might lead to a minimum of 2 years in prison, though the punishment range goes all the way up to 10 years’ incarceration.
- For a second-degree felony, you’re looking at anywhere from 2 to 20 years’ imprisonment.
- If convicted of a first-degree felony for drug manufacturing or trafficking, the minimum is 5 years and the maximum is 99 years in prison.

From this description, you can see that the sentencing ranges vary considerably. This is where additional facts of the case and aggravating circumstances enter the picture. Factors that could increase the severity of penalties for drug manufacturing and trafficking include:

- Your past criminal history, including both drug law violations and other crimes
- Whether the circumstances of the crime involve a minor
- The presence of violence in connection with trafficking or manufacturing
- Where the alleged criminal activity took place, such as near a school or other drug-free zone

### Ramifications You Did Not Expect

Fines and imprisonment are the most impactful of penalties if convicted of drug manufacturing or trafficking, but these are the implications of the criminal justice system. There are additional restrictions and legal disabilities that may apply, and these are known as collateral consequences.

A critical disadvantage of a drug conviction affects your driving privileges — your Texas driver’s license will be automatically suspended for a minimum of 180 days; reinstatement is not automatic, however. You must reapply to have your driving privileges restored. Another ramification stems from having a criminal conviction on your record, which will show up in a background check and must be disclosed in certain situations. You could have difficulties with employment and business opportunities.

Additional collateral consequences of a drug offense conviction may include:

- Loss of voting rights
- Disqualification from running for public office
- Revocation of any professional or business licenses you hold
- Inability or difficulty obtaining housing
- Many others

### Defending Texas Drug Crimes

The first line of attack when facing drug charges will be contesting the government’s case against you. The prosecutor must prove the essential elements of manufacturing or distributing drugs beyond a reasonable doubt, and there must be evidence showing that you did so with the requisite intent. This is the heaviest legal burden, so any weaknesses in the government’s case offer opportunities to potentially beat the charges.

Additional strategies employed by Texas drug crime defense lawyers include:

- If police engaged in violating your constitutional rights as part of their investigation and arrest, you may seek to exclude that evidence from being used against you at trial. All evidence collected through an unlawful search or seizure must be tossed out of court, so the prosecution may have limited ability to prove its case without this information.
- Because the amount of the controlled substance is central to trafficking and manufacturing cases, you might have grounds to get the charges reduced to drug possession. Though you still face penalties, the charges could be reduced from a felony to a lower level misdemeanor.
- When the evidence against you is weak, you may have more leverage to work out a plea bargain with the prosecution.
- Texas has established a system of drug courts as an alternative to punishment for certain offenders with substance abuse issues. The case works similar to probation, in which you agree to comply with all terms set by the court. You will be required to submit to random, regular drug testing, avoid additional criminal activity, and go through substance abuse treatment – among many other requirements. Not all individuals will qualify, and you must get the approval of the drug court team, the state, and the judge to be considered for admission to the drug court program.

## Our Texas Drug Crime Defense Lawyers Will Fight the Charges

While it is difficult to say whether the penalties are harsher for drug trafficking versus drug manufacturing, there can be no doubt you will need help fighting them. With solid legal representation, you know your case is in good hands.

For more information on defenses to drug possession, manufacturing, and trafficking charges in Texas, please [contact criminal defense attorney Mark Diaz](/landing-form/). You can set up a complimentary consultation with a [Texas drug trafficking defense lawyer](/drug-trafficking/) by calling (409) 515-6170. We serve clients in Greater Houston and throughout Galveston County, so our team is ready to take on your case.

**Categories:** Criminal defense attorney

**Tags:** drug charges

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### [How Has the Texas Constitutional Carry Law Impacted Weapons Charges?](https://texascriminaljustice.com/how-has-the-texas-constitutional-carry-law-impacted-weapons-charges/)

**Published:** April 13, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![constitutional carry](https://texascriminaljustice.com/wp-content/uploads/2022/04/constitutional-carry.jpg "constitutional carry")Texas has the reputation for being tough on all types of crime, but lawmakers recently enacted legislation that eases some of the restrictions on weapons charges. The [Texas Constitutional Carry Law](https://capitol.texas.gov/BillLookup/history.aspx?LegSess=87R&Bill=HB1927), which became effective on September 1, 2021, recognizes and legitimizes what many people see as a fundamental component of the Second Amendment:

Those who can legally own a handgun should be able to carry it, both open and concealed, without a permit. Some [basic Texas gun laws are not affected by the new legislation](/texas-gun-laws-in-2022/). It is still illegal for some individuals to carry, certain places are off-limits for anyone to carry, and other limitations apply.

Because it is relatively new and the provisions are extremely technical, there can be some confusion about how the Texas constitutional carry law impacts weapons charges. The last thing you want to do is put your Second Amendment rights at risk through misunderstandings, and there can also be fines, jail time, and other penalties for violating the law. If you were arrested for violating the statute, it is critical to retain a [Galveston weapons charges attorney](/team_member/mark-diaz/) for assistance with your defense. Plus, some general information may also help you understand the basics.

## Overview of Constitutional Carry in Texas

On June 16, 2021, Texas Governor Abbott signed HB 1927 into law after being passed by the state House and Senate. As of the effective date, a person who could legally carry pursuant to a license to carry would no longer need the LTC to open or concealed carry in most public places. To be eligible for permitless carry, you must be at least 21 years old, and you will need to keep the handgun in a holster for open carry. You do NOT qualify if you:

- Have a prior felony conviction.
- Are subject to a pending order of protection for domestic violence.
- Have a recent conviction for a misdemeanor related to unlawful possession or unlawful carrying weapons (UCW).
- Are prohibited from possessing a firearm by federal law.

Note that you cannot carry in a public place if you were convicted in the last 5 years for misdemeanor assault causing injury, disorderly conduct with a firearm, deadly conduct, or terroristic threats. You might be able to legally possess firearms, but the distinction for purposes of the constitutional carry law is having a gun in public.

In addition, the statute does not eliminate the License to Carry program. You can still obtain an LTC through the Texas Department of Public Safety (DPS), which might be useful for reciprocity for other US states.

## Answers to Frequently Asked Questions About Constitutional Carry

Some additional information may clear up confusion and respond to common questions about constitutional carry.

### Does the law apply to all firearms?

No, HB 1927 only covers handguns that are holstered when carried openly or properly concealed from the view of others. The statute eliminates requirements related to belt and shoulder holsters. However, the following firearms are still prohibited:

- Machine guns
- Sawed-off and short-barreled guns
- Armor-piercing ammunition
- Improvised firearms, i.e., zip guns, slam guns, and other firearms created by someone other than a manufacturer

### Does the statute impact “Campus” carry?

No, an LTC is still required to carry a firearm on university campuses. This factor is another benefit of getting the proper license if you seek to carry a gun on college grounds.

### What places are off-limits for constitutional carry?

It is still illegal to open carry in a holster and concealed carry in:

- Courthouses
- Polling places
- Airports, when past the security gates
- Taverns and bars
- Jails, prisons, and other correctional facilities
- Hospitals and nursing homes
- Many others

### How does the statute impact prior UCW convictions?

A special provision in the Texas Constitutional Carry law might affect you if you were convicted in the past of unlawfully carrying a weapon. It is possible to apply for and obtain an expunction, also known as an expungement. If you were convicted before September 1, 2021, on UCW charges, for actions that are now legal under HB 1927, you may qualify. By going through the expunction process, you can clear the matter from your record.

## Penalties for Weapons Charges

The constitutional carry statute is rather limited in scope, so a violation could still lead to a conviction if you are under 21 years old, are prohibited from carrying under the above eligibility criteria, or carry in a place where prohibited. Class A Misdemeanor charges apply to certain violations, so you could face up to a year in jail, $4,000, or both. Other illegal misconduct under permitless carry laws might lead to a third-degree felony punishable by 2 to 10 years in prison and a $10,000 fine.

Plus, there are still numerous provisions in the penal code that cover weapons charges related to the possession and usage of firearms. For instance:

- Carrying in places where weapons are prohibited might lead to Class C Misdemeanor charges, for which you could be sentenced to a fine – but no jail time. In other locations, having a firearm on your person could be a third-degree felony.
- Possession of certain prohibited weapons is usually a third-degree felony but could be a state jail felony punishable by 180 days to 2 years’ incarceration.
- Possession of a firearm by individuals who are prohibited from doing so is a Class A Misdemeanor or third-degree felony depending on the circumstances.

## Chronology of a Texas Gun Crimes Case

In any criminal matter, it is always essential to keep in mind the legal criteria at different stages. With weapons charges, officials must first have a reasonable suspicion that a crime has occurred or is about to be committed. Police need to have probable cause that you violated the law to make an arrest. To obtain a conviction, the prosecutor must prove guilt beyond a reasonable doubt with respect to each element of the crime. With these points in mind, an overview of the timeline of a criminal case is useful.

### Arrest

You have numerous constitutional rights that apply to investigations and arrests, so take advantage of them. Exercise your right to remain silent by refusing to answer questions or provide statements to police, and contact an attorney right away. Never resist arrest, however.

### Arraignment

During your first appearance in court, the official weapons charges will be read in court. You will also have the opportunity to enter a plea and post bail for pretrial release.

### Pretrial Proceedings

Your Galveston weapons charges lawyer will be at your side during regular court appearances, but there may also be chances to fight the allegations even before trial through motions. Options include:

- Motion to exclude evidence that was obtained from an unlawful search and seizure.
- Motion to compel evidence held by the prosecution.
- Motions to dismiss the charges, based upon a lack of evidence or other defenses.

### Plea Bargaining

At various stages throughout the process, there may be chances to consider an agreement to resolve weapons charges. This is often possible when the prosecution’s evidence is weak, especially for a first-time offense. In gun crime cases, you could benefit from having the charges reduces from a felony to a misdemeanor or other lenient treatment. You will need to plead guilty, but the penalties are reduced.

### **Trial**

If the charges have not been dismissed or resolved via plea bargain, your case will go to trial. The stages of a criminal trial include:

- Jury selection
- Opening arguments by both prosecution and defense
- Presentation of the government’s case-in-chief, during which the prosecutor will present exhibits and testimony
- Cross-examination of the prosecution’s witnesses by your own attorney
- Presentation of your case defending the charges, including witnesses and evidence
- Closing arguments
- Jury deliberation
- Rendering a verdict of guilty or not guilty

### Sentencing

If you are found guilty in a misdemeanor case, the judge may issue penalties immediately after the jury reads its verdict. For a sentence that includes incarceration, you could be taken into custody right away.

However, for many felony cases, the court will schedule a sentencing hearing further down the road. You will still be incarcerated after the verdict, but there will be additional time for the prosecution to gather evidence to make its case for a certain level of punishment. Your Galveston weapons charges attorney will also prepare for the sentencing hearing by collecting proof and developing arguments for how the judge should rule on punishment.

## Consult with Our Galveston Weapons Charges Attorney About Defenses

The Texas Constitutional Carry Law has been the source of some controversy, but the fact remains that it is now in full force and effect. The implications for weapons charges certainly cause concern if you were arrested, but defenses are available. Plus, it is a relief to know that there are expungement options for previous gun crime convictions.

For more information about constitutional carry, please contact Criminal Defense Attorney Mark Diaz. Individuals in Galveston County and Greater Houston can schedule a complimentary consultation by calling (409) 515-6170. After reviewing the details of your case, our [Galveston weapons charges lawyer](/landing-form/) can provide additional details and discuss defense opportunities.

(Updated 7/19/2024)

**Categories:** Criminal Justice Lawyer

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### [How is the Amount of Bail Decided in Texas?](https://texascriminaljustice.com/how-is-the-amount-of-bail-decided-in-texas/)

**Published:** April 20, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![bail bonds](https://texascriminaljustice.com/wp-content/uploads/2022/04/bail-bonds.jpg "bail bonds")Getting arrested for a crime in Texas is an overwhelming experience, but keep in mind that being charged is just the beginning of a case. There can be a long road ahead in the criminal process and, if given the opportunity, you would certainly wish to remain free until your trial date.

The [Texas Penal Code provision on bail](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm) covers just this situation, allowing for a defendant to be released from custody over the course of the proceedings. In exchange, the individual must provide some security to the government. “Bail” is an amount of money the defendant posts as security and promises to return to court for all scheduled appearances. Bail bonds are one way to meet the court’s requirements to secure your release until your trial date.

If you were arrested, one of the first questions that may come to mind is how the amount of bail is decided in Texas. The answer is far from simple since it depends on the details of the case and the person charged. Though it is always the goal of [Galveston criminal defense attorneys](/team_member/mark-diaz/) to seek a favorable arrangement for bail, there are numerous factors to consider. A summary of the key points may be useful to help you understand how bail and bail bonds work.

## Overview of the Texas Bail System

The very first bail law in the U.S. was enacted in 1789, and the systems in most U.S. states are based on this basic system. For less serious crimes where the defendant was unlikely to flee, the court allows the individual to remain free until trial. The court requires you to pay a certain amount for this arrangement that offers a significant benefit to you; plus, the court needs some sort of security that the defendant will return to court. You forfeit the funds if you fail to appear, so bail is both an incentive and a sort of insurance for the court.

Bail as security could be in the form of a cash bond, but a defendant may not have that much liquid cash to post the entire amount. Therefore, the more common arrangement is for defendants to arrange bail bonds or surety bonds. In such a case, you enter into a written agreement with a surety company that posts bond on your behalf. You pay a fee to the bail bondsman in return for this service, which is usually a percentage of the total bail amount. In Texas, the average amount you pay the bail bondsman for service fees is about 10 percent.

The topic of bail will be addressed by the court at your first court appearance, usually arraignment or magistration.

If you appear at all court hearings until trial, the bond amount is returned to you at the end of the case if you posted the full cash bond – or officially to the bail bondsman who posted bail on your behalf. The service fee is not refundable.

### Texas Bail Bond Schedule

In general, the amount of bail will be higher for more severe offenses because the risk of the defendant fleeing is presumably higher. The judge has considerable authority in how the amount of bail is decided in Texas.

Note that if your case involves multiple counts, you will need to post bail for each offense listed in the criminal complaint. Based on the severity of each offense, the individual bond amounts for each charge often varies.

### Penalties for Jumping Bail

As mentioned, you forfeit bail if you fail to return to court for all required appearances. There are some exceptions; for example, if you have a true emergency or other circumstances prevented you from making it to court. With a cash bond, you lose your own money. When you purchase a bail bond, you are on the hook with the bail bondsman. The company has lost its money because of your misconduct, and you can be sure it will pursue all legal remedies for compensation.

However, there are other implications to keep in mind. Bail jumping and failure to appear is a Class A Misdemeanor. You could face up to one year of incarceration, a $4,000 fine, or both. Exceptions may apply in certain cases, so:

- You face a Class C Misdemeanor if the underlying case was only punishable by a fine. There is no jail time, but the court could order a $500 fine.
- It is a Third-Degree Felony to jump bail in a case involving felony charges. The judge could order 2 to 10 years in prison and a $10,000 fine.

There is another consequence of jumping bail that you might not expect. By violating bail rules, a defendant is essentially proving to the court that he or she does not intend to comply with the court’s terms with bail. With the new offense of bail jumping, you can be sure the judge will think twice about releasing you.

### How a Galveston Criminal Defense Lawyer Helps with Bail

Immediately upon arrest, you should contact an attorney to assist with the case. Even before addressing bail, you need legal help during interactions with the police. You have a constitutional right to remain silent, but officers may still attempt to get information that could be used in court against you. When it comes to bail specifically, however, a lawyer can help in a number of ways:

- Your attorney will be at your side during the arraignment or first appearance when a court decides your bail. Despite the state seeking an unjustly high bond amount, a judge has discretion in ordering bail. The prosecutor will be arguing to get a higher amount, so you level the playing field when you have a lawyer to argue for a lower bail amount.
- Having legal counsel is useful when obtaining a bail bond. This overview of bail in Texas is useful, but guidance with details and dealing with the bail bondsman is crucial.
- If a mistake or poor judgment leads you to jump bail, you will need a lawyer for failure to appear in proceedings. This is a separate offense, for which separate defenses may apply as compared to the underlying crime. You might have an excuse for missing court, and your attorney can help prove the facts regarding an emergency.

Of course, aside from bail, you will need help navigating the remaining stages of the case. You can best leverage defenses when you have experienced legal representation to fight the charges.

### Trust Our Galveston Criminal Defense Lawyers for Legal Help

Statistics indicate that defendants benefit by getting released on bail pending trial, but you do not need numbers to realize that it is an advantage over being in custody. Being able to live freely, interact with loved ones, and maintain employment gives you some sense of normalcy. You are also better able to work closely with your lawyer on defense strategies.

If you would like additional information on how the amount of bail is decided in Texas, please contact Criminal Defense Attorney Mark Diaz. Our [Galveston criminal defense lawyers](/landing-form/) serve clients throughout Galveston County and Greater Houston in a wide range of cases, so we are ready to support you with your case. You can call (409) 515-6170 to set up a free consultation with a member of our team.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Bail Bond, Criminal Justice Lawyer

**Tags:** bail bonds

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### [What You Need To Know About  Drug Charges and Sentences in Texas](https://texascriminaljustice.com/what-you-need-to-know-about-drug-charges-and-sentences-in-texas/)

**Published:** May 12, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug charges](https://texascriminaljustice.com/wp-content/uploads/2022/05/drug-charges.jpg "drug charges")

## Drug Charges And Sentences In Texas

If you were recently arrested for a violation of controlled substances laws in Texas, you are wise to seek as much information as possible on drug charges and sentencing. The state treats drug crimes very seriously, and statistics indicate that law enforcement continues to aggressively pursue alleged offenders. In a publication on *[Crime in Texas](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf)*, the Texas Department of Public Safety reveals that around 88,650 people are charged every year for drug abuse violations – almost 17 percent of the total arrests. Possession of controlled substances makes up the bulk of these cases, at more than 84% of all drug crimes. Another 13,900 individuals face charges for trafficking, manufacturing, and related offenses.

Another wise move, if you were arrested for violating controlled substances laws, is to get in touch with an experienced defense attorney right away. [Galveston drug crime lawyers](/drug-manufacturing/) are best able to apply their knowledge, develop a strategy, and leverage defenses early on in the criminal process. The details about the charges and penalties vary widely based upon the offense, underlying circumstances, and your own criminal history. However, a list of drug charges and sentences should put the legal issues into perspective.

### How Texas Classifies Drug Crimes

The first important fact to know about state laws on controlled substances is how they are grouped into categories, which work in a similar fashion to federal statutes on drug schedules. Under Texas law, there are multiple drug classifications that run according to a numbered system. The lower the number, the more likely it is that the controlled substance has no legitimate use in medicine and is likely to lead to abuse. With higher numbers, a drug may be available through prescription or age restrictions, but still subject to the laws.

- Penalty groups 1 and 1-A: Cocaine, LSD, and heroin
- Penalty group 2: Phencyclidine (PCP), psychedelic mushrooms, and ecstasy
- Penalty group 3: Valium, Xanax, and Ritalin
- Penalty group 4: Opioids and codeine, including compounds
- Marijuana: Though in a category all its own, marijuana is still a controlled substance under Texas drug laws

Aside from the type of controlled substance, there are two other considerations that impact the nature of Texas drug crimes:

1\. ***Amount of the Drug:*** This factor is measured by the number of plants, the weight of the controlled substances, compounded amount, or other standards, depending on the form of the drug. Not only does the amount affect the class of misdemeanor or degree of felony, but it could also impact the type of crime. For instance, if you have an extremely large quantity in your possession, prosecutors might seek charges for drug trafficking, delivery, or manufacturing.

2\. ***Type of Illegal Activity:*** Possession is generally considered a lesser crime, mainly because of the impression that misconduct only affects the individual arrested for the offense. As noted above, however, possession of large amounts could lead to the assumption that the controlled substance was the subject of trafficking or manufacturing. These offenses are more serious because they do impact many others – sellers, buyers, growers, producers, compounders, and anyone involved in a delivery or trafficking situation.

### Drug Possession As Defined In Texas

According to Texas controlled substances laws, a prosecutor must prove that you knowingly, or intentionally had possession of a drug. Possession could be actual, in the sense that you had the item on your person, in a pocket, or in a bag that you were carrying. However, you could also be charged for ‘constructive possession’, even when the controlled substance was not within reach. The key is whether you were able to exercise care, custody, or control over the drug, to the exclusion of other individuals.

### Sentences for Drug Charges In Texas

If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. This depends primarily on the weight AND the classification of the substance. Therefore, it is important to understand the different punishment ranges for the different degrees of offense:

- A Class B Misdemeanor is punishable by up to 180 days’ incarceration and a $2,000 fine.
- A Class A Misdemeanor is punishable by up to 1 year in jail and a maximum fine of $4,000.
- A State Jail Felony is punishable by no less than 180 days and up to 2 years imprisonment and a potential fine of up to $10,000.
- A Third Degree Felony, the range of punishment is 2 to 10 years in prison.
- A Second Degree Felony could mean 2 to 20 years’ imprisonment.
- A First Degree Felony drug offense, a judge or jury could sentence 5 to 99 years’ incarceration – or even up to life in prison.

### Drug Crimes for Manufacturing and Distributing

When criminal activities involving drugs encompass transactions, multiple buyers and sellers, and expansive schemes, the charges are far more serious. Some definitions are in order:

- Texas uses the term “delivery,” to cover what many people know as trafficking. It is illegal to transfer a controlled substance, drug paraphernalia, or other unlawful drug material, both actually and constructively. It is also unlawful to make an offer to sell, regardless of whether a transaction is completed.
- Manufacturing of drugs includes all acts related to production, cultivation, processing, compounding, growing, and other illegal conduct, as well as packaging and labeling the containers that controlled substances are stored in.

Most drug manufacturing, cultivation, and trafficking cases are charged as felonies, with the exception of small amounts of a penalty group 4 controlled substances. Some examples of the charges include:

- It is a state jail felony to manufacture or deliver less than 1 gram of a penalty group 2 drug.
- You could be arrested for a third-degree felony for the cultivation of marijuana in amounts from 5 to 50 pounds.
- For delivery or manufacturing between 20 and 80 units of a penalty group 1-A drug, you could be charged with a second-degree felony.
- The crime is a first-degree felony when trafficking or producing controlled substances in any penalty group in designated amounts, including: 
    - More than 400 grams of a penalty group 4 drug
    - Between 200 and 400 grams of a penalty group 3 substance
    - penalty group 2 drugs weighing from 4 and 400 grams
    - Between 4 and 4,000 units for substances in penalty groups 1 and 1-A

### Defenses to Texas Drug Crimes

There are multiple opportunities to fight the charges, but you should realize that the burden is on the government to get a conviction. You are only guilty if the prosecution proves beyond a reasonable doubt that you were engaged in illegal activity involving a controlled substance. The essential elements the government must prove vary according to whether you face drug possession, delivery, or manufacturing charges. However, if there are any weaknesses in the evidence, the prosecution may not be able to meet its burden. Attacking the prosecutor’s case can be a solid strategy for getting a dismissal or acquittal.

In addition, your Galveston drug crime lawyer may pursue other defense options depending on the details of your case.

For Texas drug offenses, the prosecutor must prove knowledge that the material was a controlled substance AND intent to engage in the unlawful activity. If you have evidence to the contrary, you might beat the charges.

Many drug charges stem from police investigations and detective efforts, but law enforcement could infringe upon your constitutional rights in seeking evidence for an arrest. When their probe amounts to unlawful search and seizure under the Fourth Amendment to the US Constitution, all evidence turned up is inadmissible in court. Without such proof as to the controlled substance, drug paraphernalia, or other evidence, the prosecutor may have to drop the charges.

If you qualify, Texas drug court may be an option to resolve the charges. Through this process, you plead guilty to the allegations, but the case is deferred while you complete the terms established by the court. You will have to attend substance abuse counseling, submit to random testing, and avoid additional criminal activity, and other conditions. After meeting the requirements, the case is dismissed.

Though it may not be possible to get a full dismissal, you may benefit from working out a plea bargain with the prosecutor.

### Set Up a Free Consultation with Our Galveston Drug Crime Lawyers

It is helpful to review a list of drug charges and sentences in Texas, but you will need a skilled attorney to assist if you were arrested for possession, manufacturing, or trafficking. There may be defenses or opportunities to fight the allegations, and you are at a disadvantage when up against an experienced prosecutor.

For more information on drug crimes in Texas, please contact criminal defense lawyer Mark Diaz. You can schedule a no-cost consultation by calling 409-515-6170. Our [Texas drug crimes defense attorneys](/landing-form/) serve clients in Greater Houston and throughout Galveston County, and we look forward to working with you.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Drug Crime Lawyer

**Tags:** drug charges

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### [Can Felonies be Expunged in Texas?](https://texascriminaljustice.com/can-felonies-be-expunged-in-texas/)

**Published:** May 19, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![expungement](https://texascriminaljustice.com/wp-content/uploads/2022/05/expungement.jpg "expungement")Questions about whether you qualify for an expunction in Texas is important for those who have been arrested or convicted on felony charges. The answer to this question, unfortunately, is almost always not so black and white though. Whether you can clear a felony from your criminal record depends upon numerous variables under Texas law. Under the [Texas statute on expunctions](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm), the most important factors are the nature of the crime, how the charges were resolved, and the actions you take after your case concludes. When these factors work in your favor, an expunction enables you to avoid problems with background checks and being forced to disclose convictions.

Felonies can be expunged in Texas only under very limited circumstances. Errors and omissions can lead to denial even if you do qualify. Guidance from a [Texas expunction attorney](/our-team/) is crucial, though some background information is also useful.

**Grounds for an Expunction in Texas**

Clearing your criminal record is only available in limited situations, and you generally will not qualify if you were convicted of a felony. To illustrate how the [expunction law](/early-impacts-from-the-new-texas-expunction-law/) works, here are a few key points:

- A conviction in general will almost always disqualify you for an expunction, whether by your entry of a guilty plea or finding of guilt by the court.
- If you were acquitted, you are almost always eligible to expunge your record. An acquittal means the judge or jury decided that the prosecution did not meet its burden of proof beyond a reasonable doubt, i.e., a not guilty verdict after a trial.
- You might also qualify for an expunction if the case against you was dismissed before going to trial. This may be the case where you were arrested by police, but the prosecutor later decided not to pursue criminal charges. The prosecution may have assessed the evidence, underlying facts, and legal concepts, and then determined that the case has serious flaws.
- The appellate process may also impact your eligibility for an expunction. An appeals court may overturn a conviction after a finding of guilty at the trial level. However, this rule does not apply when the appellate judges remand the case back to trial, instruct the trial court on correcting an error, or only reverse in part.

If you received a pardon from the Governor of Texas or the President of the United States after a conviction, you qualify to have the records expunged.

**Exceptions to Expunction Laws in Texas**

There are some important exceptions under the Texas expunction law; in other words, you CAN clear your record even when your case does not meet the grounds described above. One exception affects Class C Misdemeanor cases. If we enter a plea and are given what is referred to as a “one-day deferred probation” offer and successfully complete it, then you likely are eligible after a small waiting period.

Another exception is notable because it is a relatively new law, based upon the Texas constitutional carry legislation that became effective in September 2021. Under the current law, anyone over 21 years old can carry a handgun without a permit – so long as they are not prohibited from possessing a firearm and comply with other gun statutes. This measure effectively eliminated the crime of Unlawful Carrying Weapons (UCW) under these circumstances, so anyone convicted of the offense prior to September 2021 may be eligible to get the records expunged.

**How an Expunction Impacts Your Future**

If you qualify for expunction and meet all requirements for the process, the end result is a deletion of all records related to the arrest, charges, and conviction, if applicable. No private company or agency can access these documents, and public bodies must delete whatever records they have on you relating to the expunged charge. As such, the record of your arrest and/or conviction will not turn up when you are subjected to a background check for employment and other purposes. If you are asked about your criminal history, you are within your rights to state that you have not been arrested for the offense. That means, when asked specifically, the law allows you to deny the existence of the charge ever occurring.

Therefore, an expunction is an effective remedy for avoiding one of the most impactful, unexpected aspects of a criminal process: collateral consequences, which refer to the legal ramifications and disabilities that stem from having a criminal record. These implications follow you after your mere arrest, your sentence in prison, if applicable, probation conditions, payment of your fines, and restitution to any victims. Examples include:

- Being terminated from your job because of a criminal conviction
- Challenges with finding new employment
- Not being able to vote in elections or hold public office
- Having your business or professional license suspended or revoked by the Texas Department of Licensing and Regulation
- Getting suspended, expelled, or disqualified from attending school, college, or university
- Losing your Second Amendment right to possess firearms
- Being ineligible for financing opportunities and student loans
- Many others

Another collateral consequence could impact your family and rights as a parent, since courts may review your prior criminal record when making decisions about custody and visitation for minor children. Judges refer to the child’s best interests when determining these issues in a divorce or other family law case, opening the door to an argument about denying access to parents with convictions in their past.

**Steps in the Texas Expunction Process**

Though you may be eligible for an expunction, you will need to take steps to remove records related to the arrest. A [Texas post-conviction relief attorney](/landing-form/) can help you initiate these first steps and rest assured, the attorneys at Mark Diaz & Associates know the ins and outs of this process from start to finish.

**Other Post-Conviction Relief**

While an expunction order is the most effective way to delete/clear your criminal record, you do have other options if you do not qualify for an expunction. One alternative that offers considerable benefits is requesting the court to issue a nondisclosure order. This process does not delete the records related to an arrest, charges, or a conviction, but it does limit access. In other words, while an expunction deletes the arrest record, an order of nondisclosure seals the arrest record from public view. Judges have more discretion with issuing nondisclosure orders as compared to expunction.

If successful with a nondisclosure petition, the documents are no longer public records and cannot be released by a government agency for most practical purposes. However, they still exist and may be used in certain legal proceedings.

**A Texas Expunction Lawyer Will Help You Navigate the Process**

This information sheds some light on the expunction eligibility process in Texas, but it may also lead to additional questions about your specific circumstances. For this reason, it is essential to discuss your situation with a [Texas post-conviction relief attorney](/landing-form/) who can provide personalized advice.

At Mark Diaz & Associates, our team has extensive experience helping clients in Greater Houston and throughout Galveston County with an array of criminal law matters. We can explain expunction and other options for post-conviction relief, and our lawyers are prepared to assist with the process. Please contact criminal defense attorney Mark Diaz today by calling 409-515-6170. We can schedule a free consultation to review the facts and discuss how to move forward.

**Categories:** Criminal Justice Attorneys

**Tags:** expunction

---

### [Current Status of the Courts In Galveston County Texas](https://texascriminaljustice.com/current-status-of-the-courts-in-galveston-county-texas/)

**Published:** May 24, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston County Courthouse](https://texascriminaljustice.com/wp-content/uploads/2021/09/Galveston-County-Courthouse.jpg "Galveston County Courthouse")Hello everyone. It has been a good while since I’ve been able to do one of these live Q&A sessions, this is mainly because the trials in Galveston County have opened back up. We’ll talk a little bit about that during this live session that I’m doing to try to update you all. I’ve missed live sessions because of jury trials that I’ve been in.

## Playing Catch Up After COVID Shutdowns And Delays

If I wasn’t in trial, I was trying to play catch up at the office from being in a trial the previous week. The last two trials I’ve had were an aggravated assault with a deadly weapon and intoxication manslaughter. The courts for some reason are in a hurry, an extreme hurry, and it just doesn’t make sense. Hopefully, we’re beyond COVID. There’s not been much spread here in [Galveston County](https://www.galvestoncountytx.gov/). Hopefully, we’ve gotten past that.

The thing is, now the courts are acting like since we weren’t able to function properly because of COVID, we need to now do as much as we can, as fast as we can, as if it’s somehow our fault that COVID shut everything down. There is not much or any consideration to whether or not we were in a trial the week before.

Thomas and I were in trial for the intoxication manslaughter case, it went on into Friday. Then that Friday, we were getting emails from another court telling us we were number one for the following Monday. Back in the day, courts would give deference to people who had just been in trial and usually as a professional courtesy, give you a break and let you bump to the next trial period. That’s all over because we’re just in a rush to get cases tried. It doesn’t matter if people are on bond, or in jail. We’re in a hurry here in Galveston County.

### District Attorneys Resigning

Another development since my last live session is there has been a very large impact on the DA’s office here, by way of resignations of assistant district attorneys. We’re not talking about insignificant resignations, we’re talking about a large group of the most experienced prosecutors that work for that office have now left. I think the number I heard recently of departures within the last couple of months was 10.

They’ve lost approximately 10 Assistant District Attorneys and again, this was a major blow to their office because we’re talking about some senior attorneys that had been there 18-20+ years and had a wealth of experience in the office. They’ve now left and either gone to other counties or come to the defense bar. This has created a vacancy or a lot of vacancies within the District Attorney’s Office. Which for us means more delay.

Then when you still have courts that are short prosecutors, it increases the burden on the prosecutors that are in that court, which of course means they can’t do as much because they’re working on twice the caseload. It makes it harder for us as defense attorneys to get things done as well. It becomes hard to get the work that we would normally get or the attention of the assistant that we would need to sit down and discuss the case with because they have so much going on.

In addition to that, the courts are in a hurry to try cases. The DA’s are worried about their next trial case and don’t have time to sit down and discuss important issues that I have for them, that I want them to look at on my case. This makes it difficult for us because it translates to client frustration, wanting to know why things are taking so long.

### Delays In Cases

As you know, generally I try to get on here for my live session at about 3:30. I was a couple of minutes late today because I was on the phone with a client who was frustrated at the pace of his case and what he perceives to be the inaction of the state, and moving forward with some of the issues that we’ve identified and tried to discuss. As I explained to him, I have no way to control another person’s workload. I can’t simply stomp my feet and insist that an ADA look at my client’s case right now, today, because that’s what he wants, it just doesn’t work like that. Again, with the shortages within the office, it’s tough.

### Inexperienced Prosecutors

The other thing is they’ve promoted and/or hired younger attorneys. There is nothing wrong with young attorneys, I was a young attorney once. The problem is that the more experience that you have, the better you are at assessing a case, or determining the value of a case so that you can properly negotiate a plea.

One of the cases I tried several weeks ago was an aggravated assault with a deadly weapon, which is a very serious offense. We tried the case, ultimately, the jury found my client not guilty. The interesting thing about that case was that my client had been in custody the entire time. When we finally got to trial, I found out that it was that prosecutor’s first trial. That, to me, is dangerous.

We should not have prosecutors who have never tried a case handling and assessing serious felonies on their own. It’s a dangerous position to be in because again, we’re talking about years of a person’s life that they could be incarcerated, perhaps due to the inexperience of a prosecutor who may not be properly evaluating a case. We are trying to navigate all these types of things right now, while the DA’s office goes through what they’ve called a transition year or a rebuilding year.

As I said, they had a lot of key people leave. Now they are trying to figure out how to retool and make it better. They have hired at least one experienced prosecutor that I’m aware of from another county to come in and be a chief. There was another misdemeanor prosecutor who came from another county and did have experience. Then in misdemeanor, they hired three people that were called pre-commits, which means they hadn’t received their bar results. The last bar results came out on Friday, and all three of those pre-commits passed the bar exam. They have now been hired on as assistant district attorneys in the misdemeanor division.

I don’t know what the plan is across the street to fill the missing felony prosecutor positions. I’m confident they’re working on it, but I don’t know how it is going. Time will tell. We were in a court this morning, where there are only two prosecutors, typically there are three. Like I said, that increases the caseload for those two because normally there would be a third person. That’s not anything to do with the prosecutors in that court. It’s just the facts.

If normally, it’s a three-person caseload, now it’s not down to two. That means more work for the two that are left. The more work that you have, the harder it is to get things done. You have to prioritize what you’re going to work on. With jury trials coming back on Monday, that means those two have to also prep for the trial that’s coming up. There is not another person left remaining to work on the cases. It makes the entire system slow down.

### Getting Through Case Backlog

That is what we’re dealing with now. Until the trial load evens out back to pre-COVID numbers, and the judges start to come down on the sheer volume of cases, then it’s just going to be this way for a while. Compound that with absences in the DA’s office and I don’t know what an easy solution is. I know that other counties have brought in visiting judges, specifically to try cases, so they can try to get rid of their backlog of trial cases, due to COVID.

Since I don’t practice in other counties, I don’t know how well that’s working. I do know that this backlog that we’re dealing with now, I don’t see how it’s going to be easy to get rid of any time soon. I know in my office, I had to print out the rest of the year’s trial schedule, and it’s interesting because there are weeks now, where five felony courts all have criminal jury trials the same week. In my office, we will have multiple courts and trial cases in each court. I can’t try more than one case at a time. There is going to have to be some coordination between the courts, which court gets me, and which court has to wait. There is just no other way to do it.

Anyway, as I said, it’s been a while, mainly because of the trial schedule that’s opening back up, I’m going to try to come back more frequently and keep doing these videos. I do want to give a shout-out to the Galveston County pretrial. After I did that live session on the bond situation, the [Galveston County](https://www.galvestoncountytx.gov/) pre-trial office saw it and asked me to come to their meeting so I could learn more about everything that goes through pre-trials to try and keep their system going and improve upon it. They’re doing a really good job.

I learned a lot from them about what pretrial is doing. The improvements that pretrial has made over the years in getting lesser, nonviolent offenders out quickly and for less money or no money, so that it’s not a burden to them. That was a good meeting. I’m glad you all invited me. I should be back next week. When I’m not on trial, I’ll do these videos. When I’m in trial, we’ll figure something else out. I hope everyone had a good week, and I’ll see you soon.

### Call For A Free Consultation With A Galveston County Defense Lawyer

When you have been charged with a crime, you need an experienced criminal defense lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights. Throughout my career, I have successfully handled every type of criminal defense case.

More importantly, [criminal defense](/) is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at 409-515-6170 for a free consultation to discuss.

**Categories:** Courthouse News

**Tags:** court news

---

### [Can a Conviction Under Texas Three Strikes Law be Defended?](https://texascriminaljustice.com/can-a-conviction-under-texas-three-strikes-law-be-defended/)

**Published:** June 2, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas three strikes law](https://texascriminaljustice.com/wp-content/uploads/2022/06/Diaz_1_Texas-three-strikes-law.jpg "Texas three strikes law")In short, there are almost always defenses and strategies for fighting charges in Texas for your criminal case. The real question is what options are potentially available based upon the specific circumstances related to your case.

There is no law in Texas specifically known as the “Three Strikes Law.” However, people generally refer to this terminology when speaking about what Texas more commonly refers to as being 25 to life for enhancement/punishment purposes. For simplicity, we will refer to the law for the remainder of this blog as the “[Texas three strikes law](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm).” This certainly presents challenges if you have a criminal history since it takes into account prior felony convictions when setting punishment for a later case. As you can guess from the terminology, a previous felony on your criminal record will increase the potential penalties for later offenses. What you probably didn’t expect is the harsh effect of the enhancements when it comes to punishment, especially by the time you reach your third strike.

Of course, how you avoid this harsh punishment is you don’t get strike 1 or 2. However, once you have them, you cannot go back in time to change things once you’ve already been charged with a third felony. That being said, you can mount a solid, effective defense from the moment of your arrest to mitigate the damages going forward. You are at a disadvantage going up against a prosecutor alone, so rely on a [Galveston County criminal defense lawyer](/our-team/) for assistance with strategy. It may be possible to avoid a felony conviction or obtain another favorable outcome that minimizes the impact of the Texas three strikes law. An overview of the laws should help explain defense options.

**How the Texas Three Strike Law Works**

As mentioned, the statute takes into account all felony convictions in your criminal history when issuing punishment after a subsequent felony. It is useful to get a grasp of how state laws classify felonies so you can better understand the implications of prior convictions.

- Capital felonies are the most serious offenses under all criminal laws, such as capital murder.
- Human trafficking, aggravated kidnapping, and aggravated assault are examples of first-degree felonies.
- Second-degree felony offenses include sexual assault, burglary, arson, and assaulting a police officer.
- Assault by strangulation, continuous family violence, and evading arrest are classified as third-degree felonies.
- Examples of state jail felonies, the least serious type of felony, include firearm theft and drunk driving with a child passenger.

**First Strike**: If you do not have any felony convictions in your past, the basic sentencing structure applies. A first-degree felony conviction punishment range is 5 to 99 years. The punishment for second and third-degree felonies is 2 to 20 years and 2 to 10 years, respectively. A state jail felony conviction could lead to 180 days to 2 years’ incarceration.

**Second Strike:** Your second conviction could be Strike 2, at which point the punishment range may increase. It’s important to note that while the conviction itself is a factor, the real test for whether it counts as a “strike” for enhancement purposes is whether you physically went to the penitentiary for the charge. So, if you get convicted of a third-degree felony and sentenced to 2 years in prison but end up doing all your time in county jail (never transferred to prison) then technically, that conviction does not count as a “strike” for enhancement purposes. It only counts when you physically go to prison to serve the time. If you have been to the pen on the first strike, for example, if you’re on your second strike, the punishment range becomes:

- 25 to life if you are charged with a first-degree felony;
- A first-degree felony, if you’re charged with a second-degree felony
- A second-degree felony, if you’re charged with a third-degree felony;

**Third Strike:** The real teeth to the three-strikes law comes with the third felony conviction/pen trip, in which sentencing increases dramatically. For all but state jail felony prior convictions, you could face life imprisonment for 25 to 99 years in prison. If you have two higher-level felony conviction pen trips consecutively and are subsequently convicted of a state jail felony, you will be sentenced according to second-degree felony rules.

**Other Important Facts About Texas Felony Convictions**

With a basic understanding of the three-strikes law, you should also note some additional details:

- When looking at the range of punishment in terms of years, keep in mind that a judge can order any length within the parameters when issuing a sentence. The lower figure is the mandatory minimum, so the court must order that penalty in the least. The judge can use discretion with ordering a sentence up to the maximum in the range, so many different aggravating and mitigating circumstances can affect the outcome.
- The three-strikes law does not change the nature of the charges described above. If you were convicted of the second-degree felony of arson, the crime is not elevated to a first-degree felony because you were previously convicted. It is how the defendant is treated at sentencing after a second or third conviction/pen trip that is the key.

**Types of Defenses in Criminal Cases**

The details on whether a charge under Texas three strikes law can be defended vary because every case is different. There are certain general defenses that could apply to any criminal offense, along with specific defenses that could only be raised in certain cases. These options for fighting the charges may stem from constitutional, statutory, or administrative legal concepts.

In addition, the timing for various strategies is critical. Your Galveston County criminal defense lawyer will leverage all defenses at the most advantageous stages, such as:

**1. Pretrial Defenses:** You may have opportunities to defend the charges well before trial, and these issues typically involve challenges to the evidence. Examples of pretrial defenses include:

- Unlawful search and seizure by police, which is a violation of your fourth amendment rights;
- Unlawful stop.

Based upon the availability of these defenses, your attorney may file a motion to suppress information that should be excluded. The other option is a motion to compel evidence into the hands of the prosecutor. When the court rules in your favor in a pretrial motion, it may exclude relevant evidence the state needs in order to prosecute you for the case – meaning, the state may have no choice but to dismiss the case after that happens.

**2. Defenses at Trial:** There are additional options for defending felony charges once your trial date arrives, and the first relates to the government’s burden in a criminal case. The prosecution is required to prove guilt beyond a reasonable doubt with respect to each element of the offense. If you were successful with pretrial defenses and got evidence tossed, this may be an extremely difficult burden for the prosecutor to meet. Even an iota of doubt in the minds of the jury could lead to an acquittal.

There may also be “affirmative” defenses available in your trial. With this strategy, you essentially admit that a crime occurred, but that there are other reasons that justify the illegal behavior, and you should not be convicted. Options include:

- Entrapment
- Duress
- Self-defense
- Necessity
- Insanity

With affirmative defenses, defenses, once you raise them, then YOU have the burden of proof. You must present evidence to support your position, and then the burden returns to the prosecution to show that the defense does not apply.

**Other Options for Resolving Criminal Charges**

A complete defense and dismissal are not practical in every case, so you should be aware of other strategies for avoiding the harsh implications of the three-strikes law. Again, if you were able to get evidence excluded, you may be in a position for one important alternative: Plea bargaining. The prosecutor’s case could suffer serious damage without key proof, so the government may be more willing to reach an agreement than risk a loss at trial. As this scenario pertains to the three-strikes law, the most effective strategy would be pleading a felony down to a misdemeanor.

Depending on your case, you might also consider:

- Pretrial diversion, in which you plead guilty to the charges but they are dropped once you complete the terms of a program that is similar to probation.
- Drug court, an option that focuses on treatment for substance abuse rather than incarceration for qualifying offenders.

**Legal Help with Felonies and Texas Three Strikes Cases**

The above descriptions constitute a massive amount of information to absorb. However, you can be sure that the prosecutor trying to convict you is knowledgeable about every single detail. You even the playing field by working with a Galveston County criminal defense lawyer who will develop a legal strategy to fight for you if you’re facing the harsh implications of the three strikes law. Getting legal help is critical for:

- Assisting at arraignment, where you enter a plea and the court addresses bail;
- Investigating and gathering evidence to support your defense option;
- Handling pretrial motions and issues attempting to exclude evidence against you;
- Representation at trial, including making arguments, presenting evidence, questioning witnesses, conducting cross-examination, and other essential defense tactics in representing you at trial.

**Call Now to Speak to a Galveston County Criminal Defense Attorney**

This information should convince you that a conviction under the Texas three strikes law can be defended, but success requires the right strategy. Fighting the first couple strikes is the most optimal position to be in because of the implications on your future, and there are many other opportunities to leverage throughout the process. But all is not lost if you’re on strike 3 and you need help.

For more information on how the Texas three strikes law and prior felony convictions impact a current criminal case, please contact criminal defense attorney Mark Diaz. Our team services clients in Greater Houston and throughout Galveston County, so we are prepared to assist. Please contact our firm at **409-515-6170** to schedule a free consultation with a [Texas criminal defense lawyer](/landing-form/) today.

**Categories:** Criminal Defense Lawyer

**Tags:** Texas three strike law, Three Strikes

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### [What are the Chances of Getting Domestic Violence Charges Dropped in Texas?](https://texascriminaljustice.com/what-are-the-chances-of-getting-domestic-violence-charges-dropped-in-texas/)

**Published:** June 16, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2022/06/Diaz_4_domestic-violence-charges.jpg "domestic violence")Frustration, confusion, uncertainty, and helplessness are just a few of the emotions that could hit you hard when arrested for domestic violence in Texas. You are probably aware that the state treats these cases very seriously, imposing harsh imprisonment terms, fines, and other consequences for a conviction. Still, domestic violence is not a separate crime. The relevant legal concepts stem from two sets of laws:

1. The [Texas statute on assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.01), states that assault is always a criminal offense regardless of the relationship between the victim and the assailant.
2. Family law principles and statutes define the relationships giving rise to a domestic violence case.

To summarize, these two bodies of law work together to establish enhancements when violent crimes are committed against individuals designated by the statute. The charges increase in severity, as do the penalties if you are convicted.

Fortunately, there are almost always defenses and strategies for obtaining a favorable outcome in a domestic violence case. The critical issue is knowing which ones are available to you considering the surrounding circumstances, your history, and other factors. The chances of getting domestic violence charges dropped in Texas may vary, but you put yourself in the best position to leverage them when you retain skilled legal representation. Some important information should convince you to consult with a [Galveston domestic violence lawyer](/domestic-violence/) right away.

**Understanding Family Violence Cases**

Because the concepts draw from both the Texas Penal Code and the Texas Family Code, a few important points should be explained:

- Family violence includes any act by one member of the family or household against another that threatens or results in physical injuries. Assault, sexual assault, child abuse, and violence between individuals in a dating relationship are all forms of domestic violence.
- When any of these acts are committed against a family or household member, the offense is considered family violence and enhanced in terms of severity.

The definition of family and household members is quite expansive to cover current and former relationships between:

- Spouses
- Parents who share a child
- Relatives by blood, adoption, or marriage
- Romantic partners (current or even past)
- Roommates and housemates

In any criminal case, the party bringing the charges is the government; the accuser is a witness, but not a party. As a result, only the prosecutor can drop domestic violence charges. This is true even if the accuser decides not to participate or testify.

**Penalties and Collateral Consequences for Domestic Violence**

Depending upon the level of offense for the assault class you are charged with, your penalty range differs. If it’s a class C assault, you could face Class C Misdemeanor charges. There is no jail time, but the judge could order a $500 fine. When a person causes bodily injury to a family or household member, domestic violence is a Class A Misdemeanor. A court could order up to a year in jail, a $4,000 fine, or both.

Under certain circumstances, domestic violence is a felony. You could face this charge if:

- You had previously been convicted of domestic violence
- The act of assault involved choking, suffocation, or strangulation
- The circumstances constitute aggravated assault, i.e., an assault that causes serious bodily injury or was committed with a weapon

For a third-degree felony conviction, the court could order 2 to 10 years in prison. A second-degree felony is punishable by 2 to 20 years’ incarceration. Note that the figure on the low end represents a mandatory minimum sentence. The judge must issue this imprisonment term but could go up to the maximum range.

**Strategies to Get False Domestic Violence Charges Dropped**

If you are in the unfortunate position of being arrested on false accusations of family violence, you must employ a specific approach to fight the charges. Keep in mind the context of how some domestic violence cases arise: They are often linked to other family law matters, such as divorce or child custody battles. An accuser may make false or misleading statements to gain an advantage in these other cases, and the ramifications are devastating for you.

However, keep in mind that the prosecution must prove guilt beyond a reasonable doubt to get a conviction for domestic violence. When the accuser is dishonest, it is a huge blow to the government’s case – and of course, a break for you. Your legal team’s objective should be to get as much evidence as possible related to the false accusations, if possible. Some resources include:

- Your phone records of calls, texts, voicemails, and other communications with your accuser
- The accuser’s social medial profile, which may include posts, images, videos, and other content that puts the claims in dispute
- Your children, if they are an appropriate age to address the court about the false domestic violence allegations
- Medical records related to treatment the accuser received, keeping in mind that the lack of any documentation could work in your favor
- Other witnesses who observed the incident or know your relationship history with the accuser
- A transcript of the 911 call, if any
- Many others

**Other Defenses to Domestic Violence Allegations**

When there is some truth to the accuser’s claims, a solid strategy for fighting the allegations is equally critical. The first line of attack is contesting the prosecutor’s evidence, knowing that the government has a heavy burden to prove guilt. State of mind is an essential element, so the prosecutor needs to establish that you acted intentionally or knowingly; for some charges, there must be proof that you were reckless and disregarded the risk that an injury would occur.

In addition, other defenses and strategies to domestic violence charges include:

- Self-defense
- Mutual combatants, in which you and your accuser were equally involved in attacking each other
- A violation of your constitutional rights by police officers investigating the crime
- There was no probable cause to make an arrest

Note that you can benefit from other resolutions to domestic violence charges, even if a complete defense and dropping the case is not possible. When the prosecution’s evidence is weak, it may be more willing to discuss plea bargaining. Certain individuals may also take advantage of the Texas domestic violence diversion program, which is similar to probation. If you qualify and meet the terms set by the court, the charges can possibly be dropped at the end if you comply with the program’s terms. Failure to comply with the conditions means your case essentially goes directly to sentencing since you are typically required to plead guilty to participate in diversion programs.

**Civil Family Violence Injunctions**

You should be aware of how criminal domestic violence cases can extend into civil matters, as Texas law allows an individual to seek an order of protection, or even allows the officer to request it even when the individual who was allegedly assaulted doesn’t want one. When a person is arrested for assault against a family or household member, the criminal court will issue a Magistrate’s Order or an Emergency Protective Order (often referred to as an “EPO”) – what you may know familiarly as a restraining order. This court order includes prohibitions on your actions, such as:

- Forbidding you from contacting or communicating with the accuser
- Banning you from the home you share with your accuser
- Restricting your parental rights related to minor children with the accuser
- Barring you from using alcohol or drugs
- Forbidding you from possession or purchasing firearms

EPOs are usually in effect anywhere from 30 days to 90 days after the incident, though most commonly they are for 90 days.

**What to do if You are Facing Domestic Violence Charges**

The confusion and chaos of an arrest can be overwhelming, leaving you to wonder how you can protect your rights. At the same time, your actions and words during the encounter with the police are absolutely vital for your case. You protect your interests and support the efforts of your Galveston domestic violence lawyer with a few tips:

- Never attempt to resist arrest, become belligerent, or get into physical altercations with law enforcement.
- Do not make statements to the police, even to profess your innocence, without your attorney present.
- Though emotions may be heated, avoid speaking to your accuser or making comments in the presence of officers. Words can be used and twisted against you later.
- Immediately request to consult with a criminal defense attorney.

**Contact Our Galveston Domestic Violence Lawyer**

There is really no way to accurately predict the chances of getting domestic violence charges dropped in Texas, but you can see how you increase the odds of a favorable outcome when you work with experienced legal counsel.

For more information on your rights and defenses, please contact criminal defense attorney Mark Diaz. Our firm advocates on behalf of individuals in Greater Houston and throughout Galveston County, so we are ready to fight the charges. To set up your no-cost consultation with an experienced [Texas criminal defense lawyer](/landing-form/), you can call 409-515-6170.

**Categories:** Domestic Violence Lawyer

**Tags:** domestic violence

---

### [What Happens if Charged with Violation of Bond Conditions in Texas?](https://texascriminaljustice.com/what-happens-if-charged-with-violation-of-bond-conditions-in-texas/)

**Published:** June 10, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![bail bond](https://texascriminaljustice.com/wp-content/uploads/2022/06/Diaz_-3_violation-of-bond-conditions.jpg "bail bond")After a person is arrested on criminal charges in Texas, one of the most important points the judge will cover during your initial appearance or arraignment is the possibility of remaining out of jail pending the trial date. Once you are read your rights and the charges by a magistrate, you may qualify for pretrial release by posting bail or obtaining a bond.

The benefits of being out on bond/bail pending the resolution of your case are numerous and arguably affect the outcome of your case. You are free to continue working to support your family, engage with your community, and maintain normalcy to the greatest extent possible. Plus, you can participate in defending the charges more actively and assisting your criminal defense attorney.

However, the court takes on a crucial risk by allowing pretrial release. To counter the possibility that the defendant will flee, [Texas criminal laws on bail](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm) impose a sort of insurance policy to protect the government’s interests. You pay a “premium” in the form of a bond or bail, and the court gets assurance that you will show up for all required appearances.

Additional details are covered below, but one of the most important points of the arrangement is what happens if you are charged with a violation of bond conditions in Texas. The ramifications can be harsher than you expect, hitting you in the wallet and possibly leading to criminal penalties. It is wise to discuss your situation with our [Galveston County criminal defense lawyer](/our-team/) who can assist with your case, and some background information is useful.

## Overview of Pretrial Release in Texas

Before getting to the issue of bond violations, it is helpful to get the layout of the laws. Initially, you should appreciate the differences between bail and bond. The terms are often used interchangeably, but the specific definitions are important:

- Bail refers to the security that a criminal defendant provides to the court as a promise to return to court for all appearances in the case. This security, typically money, can be given through a personal bond or bail bond. There are conditions attached to pretrial release, and the judge will include the terms in the order entered after your arraignment.
- Bond is the arrangement a defendant in a criminal case works out to meet the financial requirements of getting bail for pretrial release. A bail bond is an undertaking between the accused and a surety company, in which the surety deposits the funds required for bail as collateral; the defendant pays a fee for this service. In this situation, you don’t get that money/fee you pay the surety back at the end of the case.

If you comply with all terms set by the court between your arraignment and trial date, the bail funds are returned to the surety. A violation of bond conditions results in forfeiture, as well as a breach of the agreement that you made with the bail bond company.

### Common Bond Conditions Set by the Court

Every case is different, so the judge will assign various terms according to the severity of the offense, your history, potential threat to the public, being a flight risk, and other factors. The details are included in the Order Setting Conditions of Bond/Release. If you were arrested and are on pretrial release, you may be subject to the following bond conditions:

- You cannot leave the state of Texas until trial, subject to court permission.
- The judge could prohibit you from using any controlled substances, including prescription medications that include narcotics.
- You must maintain suitable employment based on your education, skills, and training.
- You will be required to report to an officer of the court, and these sessions will likely include drug testing.
- For many DUI cases and charges involving alcohol abuse, you might be ordered to refrain from alcohol. The court could also require you to install an ignition interlock device (IID) as part of bond conditions.
- You might be prohibited from possessing a firearm.

### Special Rules for Family Violence Cases

There is a statute that covers bond and bail in domestic violence cases, and it includes provisions on what happens when the accused fails to comply with bond conditions. The law creates a separate offense when a defendant violates certain court orders or bonds in a case involving family violence, sexual assault, stalking, or trafficking. You could be arrested for:

- Committing an additional offense of family violence
- Improper communications with a protected individual or member of the family, including threats
- Being present at or near the accuser’s residence, place of employment, or childcare facility that provides services for protected children
- Possessing a firearm
- Harming, threatening, or interfering with a pet or companion animal possessed by your accuser

Violation of bond conditions for a domestic violence case is a Class A Misdemeanor, punishable by up to a year in jail and a $4,000 fine. However, the crime is a third-degree felony if you were previously convicted under the same law two or more times, or when the violation comes through an assault or stalking offense. A conviction could lead to a minimum of 2 years in prison, though a judge could order up to 10 years’ incarceration.

### Additional Facts About Bail and Bond

In addition to the above information, you might benefit from reviewing some other concepts that could affect your case.

- Bond conditions are not set in stone. You can contest unfair terms and should do so right away if you know you will experience challenges with them. It is possible to revise, modify, or eliminate conditions that create serious disruptions.
- The prosecution can also dispute the bond conditions set by the court. If the prosecutor has evidence showing that you are likely to flee or present a public safety risk, the judge might establish more restrictive rules.
- Even minor violations can mean a return to custody until your trial date. Alternatively, breaking the rules could lead the court to change the terms of your pretrial release.
- Though timelines vary, a criminal case could last 6 months or longer – during which time you will be required to report to an officer of the court and meet all bond conditions.

### Consequences for Violation of Bond Conditions

In the US, you know that you are innocent until proven guilty. Because bond and bail are factors for pretrial release, there has only been an arrest – not a conviction. As a result, violating bond conditions is not a crime with the exception of domestic violence cases and bail jumping. However, there are still consequences for not complying with the court’s order.

- After violating the conditions of the bond once, you can be sure the judge will not make the mistake of allowing you to do it again. You will likely be remanded to the jail to await your trial date on the charges you were arrested on.
- Your violation of bond conditions forced the surety to forfeit the amount of bail it deposited on your behalf. The bail bond company will take action to get its money back.
- Misconduct with respect to bonds makes a poor impression on the court and could impact sentencing if you are convicted for the underlying criminal offense.
- Bail jumping and failure to appear is a Class A Misdemeanor in Texas, and it is a form of violating bond conditions. If convicted, you could be sentenced to a year in jail, a $4,000 fine, or both. If you jumped bail for a felony offense, the crime is a third-degree felony. Your punishment could include 2 to 10 years in prison, along with a $10,000 fine.

### Legal Help with Bond and Bail Issues

This information about bond conditions and violations can be overwhelming, so retaining skilled legal counsel is critical for protecting your rights. Texas City criminal defense lawyers are experienced in addressing these scenarios. You can count on help in a number of areas:

- Representation at your arraignment is crucial for ensuring the court orders pretrial release and fair bond conditions.
- Dealing with a bail bond company involves an extremely important agreement that puts you on the hook financially. An attorney will help you understand the arrangement and what happens in the event of a breach.
- If you are accused of violating bond conditions, you still get your day in court to present your position.
- From your initial court appearance, until the charges are resolved, you have the opportunity to contest or modify the terms of bail. Your lawyer knows strategies that will result in fair conditions that you can meet.
- When a violation of the conditions for bond could result in criminal charges, an attorney can assist with defenses.

### Consult with a Texas City Criminal Defense Lawyer for More On Bond Conditions

Now that you know what happens if you are accused of violating your bond conditions in Texas, you can see that retaining skilled legal representation is a priority. Defenses are available, but you are at a disadvantage when going up against an experienced prosecutor alone.

For more information on how our team can help, please contact criminal defense attorney Mark Diaz. You can call 409-515-6170 to set up a [no-cost consultation](/landing-form/) with our [Galveston criminal defense lawyer](/criminal-defense/). Our firm represents individuals in greater Houston and throughout Galveston County, so we are prepared to fight for your rights.

(Updated 7/19/2024)

**Categories:** Bail Bond

**Tags:** bail, bond

---

### [How Does Law Enforcement Prove Drug Trafficking in Texas?](https://texascriminaljustice.com/how-does-law-enforcement-prove-drug-trafficking-in-texas/)

**Published:** July 1, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/07/DIAZ_1_Drug-Trafficking_July-2022.jpg "drug trafficking")Police do not have the burden of proof in the same way as a prosecutor, but there are certain standards law enforcement must meet to arrest someone for drug trafficking in Texas. To best understand them, it is first necessary to comprehend key definitions. Drug “trafficking” is actually a term of art. The[ Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.002) uses the term “distribute” to describe the crime of delivering controlled substances or possessing drugs with the intent to deliver them. When police gather evidence through an investigation or observe these illegal activities, they may have sufficient proof to arrest you for drug trafficking.

However, there are two points to keep in mind about these cases:

1. The standard for making an arrest is very different from what the government must prove for a conviction.
2. In the quest to meet the burden of an arrest (probable cause), police may engage in misconduct that affects your constitutional rights.

As such, there is much more to the criminal process than knowing how law enforcement proves drug trafficking in Texas. In fact, an arrest is just the beginning of your case. There are multiple opportunities to fight the charges, including strategies based on the two points mentioned above.[ Galveston drug trafficking lawyers](/drug-trafficking/) are knowledgeable about potential options, so you can best leverage your defense opportunities by retaining representation as early on in the process as possible. An overview of drug trafficking laws in Texas is also useful.

## Legal Requirements for a Drug Trafficking Arrest

A criminal case begins either by the police making an arrest after observing criminal activity or by obtaining an arrest warrant where the police must articulate the basis for probable cause for the arrest in an affidavit. There are two standards that apply before law enforcement can detain, search, or arrest someone for criminal charges. Though they are often used interchangeably, the subtle differences are important:

1. Reasonable Suspicion: The Supreme Court of the United States (SCOTUS) determined decades ago that police can only briefly detain someone if they have reasonable suspicion that a crime has been, is, or is about to be committed. This standard is highly subjective and based upon officers’ impressions; however, there must be more than a hunch or gut feeling to detain.

2. Probable Cause: The Fourth Amendment to the US Constitution protects your right to be free from unlawful search and seizure. Law enforcement must first establish probable cause and convince a judge to issue an arrest warrant before making an arrest.

However, there is an exception in some cases. Under “exigent” circumstances, officers can arrest a person even without a warrant if the situation would lead a reasonable person to believe that doing so is necessary to protect others.

Essentially, the difference between the two concepts is that probable cause requires more evidence of criminal activity. The level of proof is lower for reasonable suspicion because police are merely detaining someone rather than placing them under arrest.

## Evidence in Drug Trafficking Cases

With a better understanding of what standards must be met before law enforcement can detain and/or arrest someone, it is important to know what types of evidence police would use to support their position.

- The controlled substance in any form, since the type, weight, and/or volume will determine the specific violation of Texas drug distribution laws.
- Large amounts of cash.
- Drug paraphernalia, including devices for storage, production, cultivation, processing, growing, and compounding controlled substances.
- Firearms and other deadly weapons.
- Phone records reveal communications about a drug trafficking scheme, such as calls, voice mails, and text messages.
- Content from your social media profile, including posts, comments, check-ins, videos, and photo images.
- Many other types of evidence proving the drug distribution elements are described below.

Keep in mind that evidence in a drug trafficking case serves two purposes from the perspective of officers. On one hand, they need proof to support the reasonable suspicion standard to detain you. From there, police must have probable cause to arrest. On the other, law enforcement is also working to help the prosecution meet its burden – which is much higher. Officers are not just investigating and gathering evidence to arrest: They will also seize any and all proof that could be used to convict later on in the proceeding.

## What the Prosecution Must Prove for a Conviction

The role of law enforcement is to protect the public and enforce the law by arresting suspected offenders. It is the prosecutor’s job to take the evidence collected by police and use it to obtain a drug trafficking conviction. The government’s burden in these and other criminal cases is the highest and most difficult burden to meet in the legal profession: Proof of guilt beyond a reasonable doubt. If there is an iota of question or minuscule lack of evidence (amounting to reasonable doubt), the finder of fact MUST acquit the defendant. In many drug distribution cases, the jury will make the decision, but the judge is the finder of fact in a bench trial in the alternative.

As another challenge, the prosecution must prove guilt beyond a reasonable doubt with respect to every element of the crime. As such, to convict you of drug trafficking, the government must have evidence showing the following non-exhaustive elements:

- You possessed or otherwise exercised control over a controlled substance or drug paraphernalia.
- You intentionally or knowingly delivered the drugs or circumstances indicate that you possessed controlled substances with the intent to traffic.
- The controlled substance is listed in one of the Penalty Groups established by the Texas Controlled Substances Act.

## Issues with Unlawfully Obtained Evidence

Whether they are working to establish reasonable suspicion, show probable cause, or support the prosecution, police are limited in what they can do to gather proof. In their zeal to collect evidence, officers may violate your constitutional rights. The Fourth Amendment is a very powerful protection, imposing serious consequences for police misconduct. The ramifications do not involve a fine or punishment for offending officers like you might expect. Instead, the upshot of violating your Fourth Amendment rights is much more impactful – in your favor.

Therefore, if the police do not have reasonable suspicion, a warrant, or other probable cause, ALL evidence they collect from the very moment of the violation is inadmissible. In the practice of law, this concept is called the “exclusionary rule” because the judge must toss it upon a showing that the police violated your constitutional rights. It is also referred to as “fruit from the poison tree” – from the point of the constitutional rights violation, the evidence is tainted. Without this important proof, the prosecution may not be able to meet its burden.

### Other Defenses in Drug Trafficking Cases

The exclusionary rule can sometimes result in a dismissal or acquittal at trial, but there are other options for defending drug trafficking charges. You will get the chance to expose weaknesses in the government’s case when it is the prosecutor’s turn to present evidence, especially when your attorney conducts cross-examination. In addition, when the prosecution rests, you will have the opportunity to raise such defenses as:

- You did not have actual or constructive possession of the drugs
- Mistake about the nature of the contraband
- Entrapment by officials
- The alleged controlled substance doesn’t fall under one of the prescribed Penalty Group prohibited substances

### FAQs About Texas Drug Trafficking Laws

In addition to the above information, it is helpful to learn the answers to the most frequently asked questions Galveston drug trafficking lawyers receive:

- ***How could I be arrested for possession with intent to distribute?*** Even if nothing of value was exchanged and you took no steps to traffic in drugs, officers could arrest you for possession with intent to distribute. Police may gather evidence at the scene to indicate that you were planning a drug trafficking scheme. One of the most powerful forms of proof for the prosecution will be the large amount of the controlled substance, which contradicts a claim that the drugs were for personal use. Further, if the controlled substance was also confiscated with a nearby scale or larger sums of money, that may trigger this type of arrest, as well.

- ***What are the penalties if I am convicted of drug trafficking in Texas?*** The punishment varies according to the associated Penalty Group, weight or volume of the drugs, and surrounding circumstances. At a minimum, you face state jail felony charges punishable by 180 days to 2 years in jail. However, drug trafficking can be charged up to a first-degree felony. Penalties include up to life in prison.

- ***What are other options to resolve drug distribution charges?*** Plea bargaining might knock the charges down from a higher level felony and, in turn, your punishment is reduced. You might also be eligible for various programs that are similar to probation, some of which also include a treatment component for those who are addicted to drugs and committing offenses due to that addiction alone.

## Discuss Strategies with Our Galveston Drug Trafficking Lawyers

As you can see, even when you know how law enforcement proves drug trafficking in Texas, there are many additional details that affect your case. You put your rights at risk unless you have skilled legal representation to take advantage of all defense opportunities.

If you are facing charges for drug distribution, please contact criminal defense attorney Mark Diaz. Individuals in Greater Houston and Galveston County can call 409-515-6170 to set up a free consultation with a[ Texas drug trafficking defense lawyer](/landing-form/). Once we evaluate your circumstances, we can begin developing a solid legal strategy.

**Categories:** Drug Trafficking

**Tags:** Drug Trafficking

---

### [List of Drug Charges and Sentencing in Texas](https://texascriminaljustice.com/list-of-drug-charges-and-sentencing-in-texas/)

**Published:** July 8, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston drug crimes](https://texascriminaljustice.com/wp-content/uploads/2022/07/Diaz_2_Drug-Charges_July-2022.jpg "Galveston drug crimes")The Lone Star State has some of the toughest controlled substances laws in the US, so you can expect that the list of drug charges and sentencing in Texas is a long one. In short, the nature of the offense depends upon the type of substance, its weight or volume, and the illegal acts the defendant engaged in with respect to the drugs.

Taken together, these factors lead to more than 128,000 drug crime arrests every year according to the [Texas Department of Public Safety](https://www.dps.texas.gov/section/crime-records/crime-texas) (DPS). Depending on the offense and underlying circumstances, you could face misdemeanor or felony drug charges. A conviction could mean jail time, fines, and other long-term consequences.

While you cannot immediately reverse an arrest for a drug offense, it is critical to be proactive about your defenses and strategies for possibly beating the charges. Your first priority should be retaining a [Galveston County drug crime attorney](/drug-possession/) as soon as possible after your arrest. You are at a disadvantage going up against an experienced prosecutor unless you have skilled representation. Still, a summary of Texas controlled substances laws and sentencing is useful for understanding the basics.

## Types of Drug Crimes

Texas controlled substances laws prohibit three types of conduct with respect to drugs:

**1. Drug Possession:** To possess a controlled substance means to have care, custody, control, or managing authority over the drugs. Possession can be actual, such as when the controlled substances are in your hand, a pocket, a purse you are carrying, or otherwise stored on your body. You could also face drug possession charges for constructive possession, in which the controlled substance is in a space nearby and within your custody. For instance, drugs stowed in the glove box of your vehicle could be within your constructive possession.

**2. Drug Manufacturing:** Almost any activity associated with the production and processing of controlled substances could lead to charges for drug manufacturing. The statute prohibits:

- Compounding
- Extracting
- Combining
- Packaging and repackaging
- Labeling and relabeling
- Any other activities involved with preparing a controlled substance for the end-user

**3. Drug Distribution:** This offense covers what most people know familiarly as drug trafficking, but Texas uses the term “distribute.” You could face drug charges if you transfer, offer, or provide a controlled substance to another person. There does not need to be an exchange of money or other items of value to constitute drug distribution.

In addition, Texas bars possession, manufacturing, and trafficking of drug paraphernalia. The statute applies to some of the devices and tools commonly used to consume controlled substances, such as pipes, bongs, one-hitters, rolling papers, and vape pens. However, officials know that people are creative in using drugs and will apply many other objects to consuming them. Plus, drug paraphernalia could be any item that could be used to plant, store, package, conceal, test, assess, or otherwise produce controlled substances.

As a result, there are many household items that qualify as drug paraphernalia. These items are not illegal on their own, but they could become prohibited contraband when the facts reveal an intent to use them for drug-related activities. Examples include:

- Plastic baggies
- Kitchen scales
- Razor blades
- Mirrors
- Spoons
- Syringes

## Texas’ System of Penalty Groups

Aside from the unlawful activities, the other important aspect of a drug crimes case is the type of controlled substance. Texas criminal statutes establish a system of classifying drugs that is very similar to federal laws that set controlled substances schedules. The focus is on Penalty Groups:

- **Penalty Groups 1 and 1A:** The most serious drug charges pertaining to controlled substances in these categories. The list includes drugs that are likely to cause abuse and addiction, and which for the most part do not have an application that is recognized by the medical profession. Examples include cocaine, heroin, and methamphetamines. Penalty Group 1A contains lysergic acid diethylamide (LSD).
- **Penalty Groups 2 and 2A:** Drugs in this category are less likely to lead to addiction than those in Penalty Group 1, but they are still dangerous. Hallucinogens, including mushrooms, ecstasy, and PCP, are included. Penalty Group 2A covers controlled substances that replicate or are derived from cannabinoids, such as K2 and Spice.
- **Penalty Group 3:** In this lower category, some controlled substances do have an accepted use by health care providers. They are still illegal without a prescription. Anabolic steroids, Ritalin, Valium, and other medications that act as a stimulant or depressants are examples.
- **Penalty Group 4:** Though they are the least dangerous and less likely to be abused, drugs in this category are still unlawful. Penalty Group 4 drugs include prescription opiates and opioids, which get a lot of attention from law enforcement because of the US opioid problem – labeled as an opioid epidemic. Fatal overdoses from these controlled substances are high, so police are aggressive with enforcement.

### Marijuana Under Controlled Substances Laws

From the descriptions of Penalty Groups above, you probably notice one of the most popular controlled substances is missing. This is because Texas lawmakers created a special category for marijuana, which remains illegal despite the fact that many US states allow it for recreational use. In general, drug crime sentencing is somewhat lower compared to controlled substances in Penalty Groups 1 through 4. Plus, possession for personal use is a lesser offense compared to manufacturing and trafficking marijuana.

As such, you could face Class B Misdemeanor charges for possession of fewer than 2 ounces of marijuana. For a conviction, a judge could sentence you up to 180 days in jail, a $2,000 fine, or both. Still, possession of more than 2,000 pounds is a first-degree felony punishable as explained below.

### Drug Crime Sentencing in Texas

With any crime, the punishment depends upon the level of misdemeanor or felony. Controlled substance laws categorize the offense by the activity, drug type, and amount; they may also take into account your criminal history, location of the offense, and other surrounding circumstances. As such, drug charges range from a Class B Misdemeanor to a first-degree felony.

If you are convicted of possession, trafficking, or manufacturing, drug crime sentencing works as follows:

- For a Class A Misdemeanor, the penalties could be up to a year in jail and a $4,000 fine.
- If convicted of a state jail felony, a judge may order 180 days to 2 years’ incarceration, plus a maximum fine of $10,000.
- A conviction for third-degree felony drug charges means a mandatory minimum of 2 years’ imprisonment, though a judge could sentence you to 10 years in prison. With all felonies, the maximum fine is $10,000.
- For a second-degree felony conviction, the mandatory minimum is still 2 years. The maximum is 20 years’ incarceration.
- If you are found guilty of a first-degree felony, the mandatory minimum is 5 years in prison. However, the maximum penalty is 99 years’ imprisonment. Even the less dangerous, non-addictive drugs in Penalty Group 4 can carry first-degree felony charges when you possess, traffic in, or manufacture them in very large quantities.

### Legal Help with Defense Strategies

The penalties for a drug crime conviction are severe, and you face them the most when you are convicted. You may have defenses to the charges, and opportunities to raise them to start at the earliest stages of your case. Always bear in mind that the prosecution must prove guilt beyond a reasonable doubt, and this burden applies to each element of drug possession, distribution, or manufacturing charges. If the government’s evidence is weak, you may be able to get the charges dropped or gain an acquittal at trial.

Plus, there are other defenses and strategies that you can pursue with help from a Galveston County drug crime attorney:

- If the drug charges are based upon evidence that was obtained in violation of your Fourth Amendment rights against unlawful search and seizure, the information may be deemed inadmissible in court.
- You may have defenses based upon mistake, a lack of intent, entrapment, or others.
- With some drug crimes, you might benefit from deferred adjudication, plea bargaining, or probation.
- In Texas, some people accused of violating drug laws may qualify for drug court. You might avoid harsh punishment by agreeing to and completing the terms set by the judge.

## **Trust a Galveston County Drug Crime Attorney to Provide Legal Support**

This list of drug charges and sentencing in Texas is useful as an overview, but it takes an in-depth knowledge of the laws and extensive legal experience to fight the allegations. You are in a better position to leverage defense options and other strategies when you have skilled legal counsel on your side.

For personalized advice on how to effectively fight drug charges, please contact criminal defense attorney Mark Diaz to schedule a free consultation. You can speak to a [Texas criminal defense lawyer](/landing-form/) by calling 409-515-6170. Our firm represents individuals in Greater Houston and throughout Galveston County in a wide range of criminal matters, including violations of controlled substances laws.

**Categories:** Drug Crime Lawyer

**Tags:** drug charges

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### [What You Need to Know About Texas Drunk Driving Laws](https://texascriminaljustice.com/what-you-need-to-know-about-texas-drunk-driving-laws/)

**Published:** July 15, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston drunk driving](https://texascriminaljustice.com/wp-content/uploads/2022/07/Diaz_3_Drunk-Driving-Laws_July-2022.jpg "Galveston drunk driving")Whether you were recently arrested for DWI, DUI or want to avoid charges, it is always helpful to know as much as you can about Texas drunk driving laws. You can be sure that law enforcement does, and they use their knowledge to crack down on offenders.

The[ Texas Department of Public Safety](https://www.dps.texas.gov/section/crime-records/crime-texas) (DPS) arrests almost 72,000 people every year for violating the statute on Driving While Intoxicated (DWI), including both juveniles and adults. Depending on the circumstances, you could face jail time and fines if convicted. Plus, there are implications for your driving privileges. Not only will your driver’s license be suspended, but you get hit in the wallet through additional fees even after reinstatement.

You may already be familiar with these penalties for a drunk driving conviction in Texas, but there are many other details and legal concepts that apply to these cases. When it comes to DWI/DUI cases, what you do not know can most definitely hurt you. Fortunately,[ Harris County DWI lawyers](/dwi-charges/) do have meticulous knowledge of defenses and experience fighting the charges. You should make it a priority to retain legal representation, but here is what you need to know about Texas drunk driving laws.

## Two Ways to Get a DWI

Many motorists are surprised to learn that there is more than one way to be charged with drunk driving, though the first is familiar. Police could arrest you for DWI if your blood alcohol concentration (BAC) exceeds .08 percent as measured by a chemical test. A breathalyzer is the most common test, but officers can also subject you to a blood or urine test for purposes of obtaining your BAC.

The second way a person could be arrested for DWI is if he or she demonstrates signs of intoxication. The Texas statute defines “intoxicated” as not having the normal use or your mental or physical capabilities because of consuming alcohol or drugs. This is a subjective standard that relies entirely upon officers’ impressions and observations. For example, police may arrest you for drunk driving if you:

- Slur your speech
- Perform poorly on field sobriety tests
- Have bloodshot eyes
- Exhale the odor of alcohol
- Show poor muscle coordination or clumsiness
- Exhibit any other quality that indicates impairment

## DUI is Different than a DWI

Often used interchangeably, DWI & DUI are actually entirely different criminal offenses. DUI, or Driving Under the Influence, is an offense under the Transportation Code and applies to individuals under the age of 21. The Transportation Code Statute states that an offense has been committed if an individual under the age of 21 has ANY detectable amount of alcohol in their system.

Therefore, the normal definitions of “intoxication” do not apply in these circumstances, all the State must prove is that there was any detectable amount of alcohol. However, an individual under the age of 21 may still be prosecuted for a DWI if intoxication is at issue.

## Drunk Driving Encompasses Two Proceedings

The theme of “twos” carries over after an arrest for DWI since the charges trigger two separate, yet interrelated cases.

1. Administrative Proceedings: Texas DWI laws affect your driver’s license, encompassing a process managed by the Texas Department of Public Safety (DPS). This administrative agency is required to suspend your driving privileges upon an arrest for drunk driving. You have 20 days to request a hearing to contest the suspension, but your license will automatically be suspended 40 days after being charged.

2. Criminal Case: Obviously, drunk driving is also a criminal offense. For a first-time arrest in the absence of other factors described below, you will face charges for a Class B Misdemeanor. A conviction means mandatory jail time of 72 hours, though a judge could order the maximum of 180 days’ incarceration. A second arrest for DWI is a Class A Misdemeanor, punishable by a mandatory minimum of 30 days to a maximum of one year in jail.

## **Texas Implied Consent Laws** 

Like other US states, Texas has an implied consent statute that affects drunk driving cases. By law, motorists implicitly consent to have their BAC measured by a chemical test as a condition of having driving privileges in the state. The consequences of refusal are severe, starting with an automatic 180-day driver’s license suspension. A second refusal or related encounter with law enforcement could lead to a two-year suspension of your driving privileges. However, keep in mind the following details:

- The implied consent law only applies after you are under arrest and requested to submit to testing in a controlled environment at the police station. You do not violate the law by refusing to take a portable breathalyzer during the stop.
- You can still be convicted for drunk driving if you refuse to blow. Recall that there are two ways police can arrest you, so your BAC is not necessary for a conviction.
- Police are required to explain the consequences of a refusal to test.

## Enhancements for DWI Charges

In addition to the basic violation of Texas DWI laws, there are situations where the drunk driving charges and/or penalties are elevated. In other words, you could be charged with a more serious misdemeanor or even a felony in the presence of certain factors; in other cases, the punishment will be more severe. These enhancements may apply to your case even for a first-time offense. Examples include:

***Open Container Drunk Driving:*** If the prosecution proves that you had an open vessel containing alcohol in your immediate possession, the crime is still a Class B Misdemeanor. However, the mandatory minimum jail time is 6 days instead of 72 hours.

***Excessive BAC:*** When a breathalyzer or other chemical test reveals a BAC in excess of .15 percent – almost twice the legal limit – the offense is a Class A Misdemeanor.

***DWI with Child Passenger in Texas:*** A person who is arrested for drunk driving with a child under 15 years old will face state jail felony charges. For a conviction, you could be sentenced to 180 days to 2 years’ incarceration, along with a $10,000 fine.

***Drunk Driving Accidents:*** If you are involved in a collision while under the influence of alcohol, DWI charges become extremely serious.

***Intoxication Assault:*** If you cause a crash that leads to serious bodily injury to a victim, you could face third-degree felony charges. A conviction is punishable by 2 to 10 years in prison, plus a $10,000 fine.

***Intoxication Manslaughter:*** When drunk driving leads to a fatal accident, you may be arrested for a second-degree felony. The mandatory minimum remains 2 years’ incarceration, but a judge could order a maximum of 20 years in prison.

## Defenses Under Texas Drunk Driving Laws

The charges and penalties for any DWI case are serious, so it is reassuring to know that you have options to fight the allegations. Plus, there may be other strategies that enable a satisfactory result. A few points should be informative:

- Police must have a reasonable suspicion that you were drunk driving before they can pull you over, and they need probable cause to support a DWI arrest. Failure to meet these standards could be grounds to dismiss the charges.

- A prosecutor is required to prove guilt beyond a reasonable doubt for a Texas DWI case. If the evidence is weak or tossed prior to trial, the charges could be dropped. Alternatively, the jury might decide that the prosecution has not met its burden, so you could be acquitted at trial.

- Any evidence obtained pursuant to an unlawful search or seizure is inadmissible. This could lead the result of a chemical test to be tossed, severely weakening the government’s case.

There is an assumption that test results are 100 percent accurate and reliable, but it is possible to beat the breathalyzer. These devices must be properly maintained, repaired, and calibrated according to a strict schedule. The operator must also have the necessary credential to operate the machine. Failures in any of these areas could mean the results are inadmissible as evidence against you.

## Legal Help with DWI / DUI Cases

Harris County DWI lawyers have extensive experience and in-depth knowledge of the laws, enabling you to take advantage of the above defenses and many others. There is nothing automatic about dropping the charges and dismissing the case: You must raise these issues before the judge. Legal assistance is also critical with respect to other strategies for resolving DUI charges, so count on your attorney to:

- Conduct an investigation and gather evidence to support defenses.
- File a motion to exclude illegally obtained evidence.
- Pursue a motion to dismiss for lack of evidence or other legal insufficiencies.
- Attend all court appearances.
- Represent you in court for criminal DWI / DUI charges and the administrative proceedings before Texas DPS.

Plus, your attorney can assist with other options for resolving a drunk driving case. You may qualify for pretrial diversion or deferred adjudication, programs that are akin to probation. By meeting the requirements established by the judge, you could have the charges dropped, your penalties reduced, or both.

## Our Harris County DWI Lawyers Will Pursue All-Defense Options

This overview of Texas drunk driving laws is helpful, but what you really need to know about these cases is that help from a drunk driving defense attorney is critical. You can expect that the prosecutor has significant experience pursuing charges, so level the playing field by working with a skilled DWI lawyer.

To learn more about how the laws apply to your unique situation, please contact criminal defense attorney Mark Diaz. Our firm serves clients in Greater Houston and throughout Galveston County, so we are ready to advocate on your behalf. You can set up a no-cost consultation with a[ Texas criminal defense lawyer](/landing-form/) by calling 409-515-6170.

**Categories:** DWI defense attorney

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### [Ways a DWI Conviction Can Impact Your Life](https://texascriminaljustice.com/ways-a-dwi-conviction-can-impact-your-life/)

**Published:** July 22, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston DWI](https://texascriminaljustice.com/wp-content/uploads/2022/07/Diaz-Blog-4_DWI-for-Ways-a-DWI-Conviction-can-Impact-Your-Life.jpg "Galveston DWI")Drunk driving is the most common criminal offense in Texas and throughout the US, so many people who would otherwise never think of committing a crime find themselves facing DWI charges. Under the[ Texas statute on Driving While Intoxicated](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#49.04) (DWI), there are two scenarios that could lead to an arrest:

1. You were intoxicated in the sense that you did not have the normal use of your mental or physical capabilities because of drinking alcohol.
2. The results of a breathalyzer or other chemical test revealed that you had a blood alcohol concentration of .08 percent or more, which is the legal limit in Texas.

However, regardless of how you were charged, the implications of being convicted are serious. These cases encompass two proceedings: One affects your rights, while the other carries consequences for your driving privileges. Plus, there are other ramifications for your future even after you serve your criminal sentence and get your license back. Working with[ Chambers County DUI attorneys](/dwi-charges/) enables many defendants to obtain a favorable outcome, so it is wise to consult with a lawyer right away. You should also be aware of the many ways a DWI conviction can impact your life.

## Criminal Punishment for a DWI Conviction

As mentioned above, you could be arrested for drunk driving if you were operating a motor vehicle in a public place while having a BAC above the legal limit. You may also be charged if you show signs of impairment and lack of control over your faculties, such as slurred speech, bloodshot eyes, clumsy gestures, and other factors. The basic crime of drunk driving, for a first-time offense, is a Class B Misdemeanor. If convicted, the DWI statute provides that the *minimum* period of incarceration is 72 hours. Still, a judge could sentence you to a maximum of 180 days in jail, a fine of $2,000, or both.

For a second drunk driving offense, the crime is a Class A Misdemeanor. If convicted, there is still a mandatory minimum of three days’ incarceration. The maximum is 12 months in jail, while your fine increases to $6,000. Subsequent offenses lead to harsher penalties, especially when the case involves felony DWI charges.

In addition, keep in mind:

- If you have an open container of alcohol within your immediate possession when arrested for DWI, the offense is still a Class B Misdemeanor. However, the minimum term of incarceration is six days instead of three.

- When the chemical test reveals a BAC of .15 or more, the crime is automatically a Class A Misdemeanor – even for a first-time offense.

- It is a State Jail Felony if you are charged for DWI with a child passenger. If convicted, you face 180 days to 2 years imprisonment and a $10,000 fine.

**Effects on Your Driver’s License:** The second component of a DWI case is administrative in nature, as it impacts your driving privileges and does not involve criminal punishment. For a first drunk driving arrest, your license will be suspended for 90 days to one year. A second conviction within five years after a prior arrest means a driver’s license suspension for 180 days to 2 years. Your license will be suspended for the same amount of time for a third DWI, but the lookback period is extended to 10 years.

Note that there are fees to get your driver’s license reinstated in Texas after a drunk driving conviction. However, the controversial program which charged a person additional surcharges after the reinstatement of driving privileges was recently repealed. The Driver Responsibility Program (DRP) used to levy an additional fee for motorists to retain their license after a DWI conviction, but it ended in September 2019.

## Ignition Interlock Devices (IID)

This technology is designed to prevent a vehicle’s motor from starting if it detects alcohol after the motorist breathes into a handheld unit. The IID will also request additional samples after the initial startup, i.e., “rolling retests.” The system issues an alert to the driver, who has a certain amount of time to pull over and breathe into the IID, or the engine will slow and eventually stop.

The IID is not required for every drunk driving case, but it does have advantages. You may qualify to drive despite a license suspension, as long as the vehicle has an IID installed. This rule only applies to first-time offenders who did not have an excessive BAC in excess of .15 percent. Without an IID, the only way to drive during the suspension period would be to get an occupational license that allows driving for limited purposes.

There are costs associated with the IID, however, so this option does impact your life. You are responsible for all charges, including installation and monthly maintenance fees. When required to have an IID for several months, you could be paying hundreds of dollars for the services.

## Collateral Consequences of a DWI Conviction

Aside from the criminal sanctions and administrative penalties, some legal restrictions will continue to affect your life after you serve jail time, pay fines, and get your license reinstated. These are the “collateral” consequences that follow you, either for several years or the rest of your life. Keep in mind that a DWI conviction will remain on your permanent criminal record. The case will show up whenever you are subjected to a background check, and you will be required to disclose your criminal history in some situations. This could create challenges for employers.

Additional collateral consequences include:

- If you hold a Commercial Driver’s License (CDL), you will also face a suspension by the Texas Department of Public Safety. However, truck operators are held to a higher standard compared to other motorists. You could be arrested for DWI for having a BAC of .04, whether in your own car or a commercial vehicle. CDL holders could be unable to work for the suspension period, but many employers will not hire someone with a drunk driving conviction in the past.
- You could lose other professional or business licenses, affecting your ability to earn a living.
- When convicted of a felony DWI, you cannot vote until your rights are restored, and cannot run for a public offense. There are also implications for your Second Amendment rights.

## Defenses in Drunk Driving Cases

The criminal penalties, effects on your driver’s license, and collateral consequences of a DWI conviction are sobering. As such, it is critical to take advantage of all defense opportunities. For instance:

- Police must have a reasonable suspicion that you were driving while intoxicated to pull you over, and they must show probable cause of a criminal offense to make an arrest. Failure to meet these standards could be grounds for dismissal.
- The prosecutor is required to prove guilt beyond a reasonable doubt to convict you of DUI. Weak evidence or inconsistencies in the proof may be the reason for the court to drop the charges before trial, but these deficiencies could also lead a jury to acquit you.
- Despite the impression that science is infallible, breathalyzer machines can be faulty. If they are not properly maintained, calibrated, and operated by a person who has proper credentials, the test results could be inadmissible as evidence.

## Other Strategies for Resolving DWI Charges

Even if you do not have a solid defense for getting DWI charges dropped, Chambers County DUI attorneys have other strategies that benefit your interests. One option is the Texas DUI deferred adjudication program. If you qualify, you will plead guilty to drunk driving charges, but the court holds off on entering your plea. By meeting all terms set by the judge, the charges could be dropped. Violations of the court’s order carry harsh consequences since you already pled guilty and cannot raise defenses.

A similar program is a pretrial diversion, which also leads to dismissal when you complete all conditions over a period of 12 to 18 months. Examples include installation of an IID, random drug testing, reporting to a probation officer, and attending counseling sessions.

For both of these options, the case must involve a first-time drunk driving offense and you cannot have a BAC over .15 percent. You may also need to meet other criteria depending on the specifics. Note that there is no entitlement to pretrial diversion or deferred adjudication for resolving DWI charges. The prosecutor must agree to the arrangement, and the judge must approve your participation in the program.

## You Can Trust Our Chambers County DWI Attorneys to Defend the Charges

This information may be overwhelming if you did not realize the wide-ranging ways [a DWI conviction can impact your life](/how-a-dwi-guilty-plea-can-ruin-your-life/). However, you can also see that there are strategies to minimize the consequences. The key to maximizing defenses and getting a positive result is retaining a skilled lawyer.

For more information on DWI charges, please contact criminal defense attorney Mark Diaz. You can call 409-515-6170 to schedule a complimentary consultation with a[ Texas drunk driving defense lawyer](/landing-form/). Our firm serves clients in Greater Houston and throughout Galveston County in all types of criminal cases, so we are happy to help.

**Categories:** DWI defense attorney

**Tags:** drunk driving, DUI, DWI

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### [Self Representation And The Dated Systems In Galveston County](https://texascriminaljustice.com/self-representation-and-the-dated-systems-in-galveston-county/)

**Published:** July 17, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston County Court](https://texascriminaljustice.com/wp-content/uploads/2022/07/court.jpg "Galveston County Court")

## Galveston Misdemeanor Courts

As most of you know, we handle felonies and misdemeanors in this office, and I don’t often make it to the misdemeanor docket call. In the hierarchy of cases, you go to district court first, and then the lower courts. So usually, my mornings start in felony court on the third and fourth floors of [Galveston County Justice Center](https://www.galvestoncountytx.gov/our-county/county-court-administration-office).

However, recently, I had a case that had been assigned to a special prosecutor from another county. We had worked out my case for a misdemeanor and we had to be in misdemeanor court to do this plea. Since he was coming from out of town, I made it a point to be a misdemeanor docket call, so that I wouldn’t waste this guy’s time when he was coming from out of town.

So you know, here in Galveston County, there is a practice that I don’t agree with, in each of the misdemeanor courts. Before the docket is called, the judges will tell you that you have three options if this is your first time in court. Option number one is asked to reset your case, so you can have time to hire an attorney. Option number two is to request a court-appointed attorney, which means you have to fill out a financial affidavit to see if you qualify for the court to appoint your counsel. Then you’re told that your third option is to speak to the DA yourself, which means to represent yourself, which legally we refer to as being pro se. It’s just been happening for so long that I just kind of forgot about it.

### Why I Am Against Self Representation

I think it’s a horrible idea for you to represent yourself in court. I can talk about that a little more later. It happens every day here in Galveston County. So, then the judge will start calling the docket and people will answer options one, two, or three. There is a surprising amount of people that choose option three, which is to talk to the state.

As this prosecutor and I are standing there, and this was a felony court prosecutor from another county, a completely different jurisdiction, and not someone familiar with what we do here in Galveston daily. As he’s listening to this, and he’s hearing people raise their hands and say, I want to speak to the DA, he looks at me and he goes, didn’t we stop that?

I say, what do you mean? He’s like, I shouldn’t be talking to the defendants. I started laughing. I said I know. Nowhere else does it that I know of, except Galveston County. He says no, I’m serious, didn’t we stop that? I say no, it’s still legal. You still have a right to represent yourself, but that doesn’t make it a good idea.

He was just completely shocked. I’m just so used to it, that I just kind of started to overlook it. They call you up. The district attorney gives you a speech about how they don’t represent you, they represent the state of Texas, and anything you say can and will be used against you. Then they make you sign a document that says you understand this and that you’re waiving your rights. Well, that should be your first red flag, they want you to sign a document acknowledging that you’re waiving valuable and important rights.

Even still it happens every day. So, what happens is they will talk to you a little bit about your case. Of course, most defendants can’t resist telling their side of whatever the accusation is, which is bad, because now you’ve told the prosecutor your position and they can use that against you if you change your mind. The judge that calls the docket does tell you that if you change your mind later, you can always hire an attorney. Of course, if you’ve already hurt yourself by talking to the state, it puts us in a bad position trying to clean up what may have been done before, right.

### Consequences Of Accepting A Plea Deal

So, they will talk to you about your case, and then end up making you an offer. The offer may sound really good. The problem is, that they don’t tell you the collateral consequences. For instance, a very common misdemeanor is theft. There are a whole bunch of theft cases, for instance, at a Walmart here on the island. You think you go into court, and you’ve got this little shoplifting theft charge and it’s not that big of a deal. Then the prosecutor will say, hey, I’ll tell you what, if you plead guilty, I’ll just give you time served, and a fine. Pick any number you want, $100 fine, plus court costs.

A lot of defendants say, oh, all I have to do is pay a fine, I don’t have to go to jail. That person will sign up for that. Now, what the state didn’t tell you is that theft is a crime of moral turpitude. So unless you don’t ever plan on trying to get a job, then I guess that conviction is probably okay. If you plan on trying to get a job, with a crime of moral turpitude in your background, it’s not going to happen, no one is going to hire you, they won’t hire you to be a cashier, because they think you will steal their money, they won’t hire you to handle their goods, because they think you will steal their goods.

Another common one is family violence, assault, husband, and wife, whatever it is. I see this a lot with men, same offer you just got, sounds great. Well, I hope you’re not a hunter, because if you just took a conviction for family violence, you can’t own firearms or ammunition for a certain period, a certain number of years after the conviction. So, if you’re a hunter, you just gave up your ability to hunt. These are the things they don’t tell you.

It’s sort of like, if you are watching a trial, you’ve seen trials on TV and whatnot. If you can imagine a trial where the attorney isn’t objecting, isn’t asking questions that matter, isn’t trying to speak, is trying to testify, rather than ask questions to the witness, and then keeps getting shut down by the judge. And you just think this attorney is sitting there messing it all up? You would think that person has a great chance to appeal because their attorney didn’t do anything and did a horrible job. They should be entitled to ineffective assistance of counsel. Well, not if you represent yourself.

So, like I said, it’s been going on so long here in Galveston County that I just forgot, didn’t even pay attention to it. It was when this out-of-county prosecutor was looking at me wondering what was going on here? Why are they doing this? I just started laughing. It happens every morning. In each of the county courts in Galveston County, people are given the opportunity to not go hire a lawyer, to not ask for a court-appointed lawyer. Just got to talk to the state and see what they have to say. See if you can work it out.

It’s just a horrible idea. As I’ve said many times, the problem with criminal cases is that a conviction can have lifelong consequences. People have called me over the years and said, hey, I got a conviction for whatever 15 years ago, isn’t it so old that it goes off my record? The answer is no. Once you get a conviction, with limited exception, it stays on your record. It’s never a good idea to go to court without an attorney when you’re being accused of a crime, and then certainly not to sit there and talk to the person that represents the state of Texas and is trying to prosecute you.

### If You Can’t Afford An Attorney Ask For A Court Appointed Attorney

I suspect that the two main reasons people choose to do this are related. One, they don’t want to spend the money to hire an attorney, or two, they think they can’t afford to hire an attorney, and they think they can’t get a court-appointed attorney. If you found yourself in that situation, my advice would be to ask for a court-appointed attorney.

This is assuming you haven’t called several attorneys to see if you actually can or cannot afford one, work out some type of payment plan or find a way to get counsel. If you can’t, I would suggest that you apply for court-appointed counsel and see if you do qualify. If you do, the court will appoint you a lawyer. Then you at least have someone who knows the rules of evidence, knows the rules of law, knows what you should or shouldn’t answer to this prosecutor, and someone who will try to work something out for you that is not necessarily going to impact your life, your professional license, etc… There are so many collateral consequences to a conviction, that you need someone on your side who knows those collateral consequences and is trying to avoid any collateral consequences for you in the future. You’re just not going to know that on your own. I mean, this is what we do, every single day.

### Protecting Your Occupation

When people come in, one of the first things I ask them when we meet is what are your concerns about this case? We’ll go through that together. I’ve had lots of people with professional licenses that sometimes haven’t even realized that there might be collateral consequences. Where we are, with UTMB, I’ve represented nurses, doctors, and the doctors always know, but I’ve had many nurses that haven’t thought about it yet. We many times have had to find a way to resolve a case that would not impact the nurse’s license.

Also, with the plants so close by, most of the plants use a point system for criminal convictions, certain convictions have higher point assignments than others. At certain plants, the worker can only have x number of points or fewer to be allowed into that plant as a worker. So, I’ve found situations where I had to get creative on a way to resolve the case so that my client didn’t get more points than what was allowed in the plant that he or she worked in. There are so many things that have to be taken into consideration, other than just what sounds like a good plea agreement.

When you’re representing yourself, the state of Texas doesn’t care about any of that. What matters to them is prosecuting you. They will make you feel like you’ve got a good deal. It will sound good, and you will walk out of the courtroom. But now you’ve just done something that could impact your job, your license, and so on. So, I wish that they would stop this practice.

I remember many years ago, when I did a lot more work in Harris County there would, every once in a while, be someone in the audience who wanted to represent themselves. The judge would call them up to the bench and show them the Code of Criminal Procedure and the rules of evidence and say, are you familiar with these books? And the defendant would always say no. Then the judge would go through a whole litany of reasons why you shouldn’t represent yourself. We don’t do that in Galveston County. Galveston County is like, you want to represent yourself? Go ahead.

I guess it’s an efficient way to move the docket. I guess. When you’ve got 40 people in the audience, you want to get through your morning as quickly as possible. I’m not sure what the rationale is. I strongly discourage anyone from representing themselves.

Kind of a funny side story. Many of you know Katie Jo Muncie used to work here in my office. She’s now up in Austin, Texas. When she was a prosecutor across the street, I would sometimes get bored in the mornings when I was done with my docket, and I would go sit near enough to her to hear her talk to pro se defendants. I would heckle her, so to speak, when she would be talking to a pro se and make him an offer. I would chime in say, for instance on the theft. She’s not telling you that that’s a crime of moral turpitude and if you take that deal, you’re not getting the job anywhere. And she would always get irritated with me, but she kind of played long because she knew what I was doing was right. She just didn’t like it because it was messing up her morning and making her stay longer in court.

I’ve always been against this practice that we do in Galveston County, or that the judges do in Galveston County. There’s sort of an inside joke between the court staff and I, one day, the judge was not on the bench. It was a court staff member calling the docket. When she’s done reading out the three options to the defendant I say, or there’s option four. Option four is to hire Mark Diaz. Everyone got a big kick out of that. Every once in a while, that person will still call me option four. It’s just kind of a little inside joke, but this is something that we need to address as a defense bar at some point in the future here in Galveston County. You’ve got people taking deals without legal advice on matters that impact their future.

As I said, I haven’t had a good topic in a couple of weeks. When this happened the other day it just kind of made me think. So hopefully I’ll be back next week. Thank you all for listening.

To learn more about how the laws apply to your unique situation, please contact criminal defense attorney Mark Diaz. Our law firm serves clients in Greater Houston and throughout Galveston County, so we are ready to advocate on your behalf. You can set up a no-cost consultation with a[ Texas criminal defense lawyer](/landing-form/) by calling 409-515-6170.

**Categories:** Courthouse News

**Tags:** Court, self representation

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### [How to Help Your Attorney Win Your Criminal Case](https://texascriminaljustice.com/how-to-help-your-attorney-win-your-criminal-case/)

**Published:** July 26, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston criminal defense](https://texascriminaljustice.com/wp-content/uploads/2022/07/Diaz_4_How-To-Help-Your-Attorney-Win-Your-Criminal-Case_August-2022.jpg "Galveston criminal defense")Getting arrested can leave you feeling overwhelmed and frustrated, and it may be one of the most anxiety-inducing experiences of your lifetime. Studies have shown that facing criminal charges is among the top stress factors that adults endure in their lifetimes, falling after the death of a spouse and divorce.

Texas has a reputation for being tough on crime, and statistics support this assumption. Every year, law enforcement officials at the state, county, and local levels arrest more than 530,000 people, according to the [Texas Department of Public Safety](https://www.dps.texas.gov/section/crime-records/crime-texas) (DPS). If you were one of them, you know that mounting a solid defense is absolutely critical.

You are probably also aware that retaining experienced legal counsel is the best way to leverage defense opportunities and other strategies. Having a [Galveston criminal defense attorney](/our-team/) to represent you even the playing field with the government’s prosecutor. What you may not realize is that there are certain tasks that you can handle to support your own interests. You and your lawyer are a team, and you may have more to offer than you think. Some information on how to help your attorney win your criminal case is helpful.

## Texas Criminal Law Basics

As a preliminary matter, you should understand some key terminology, the roles of different players in criminal proceedings, and other general information. These details put into perspective the ways you can support your lawyer.

- The plaintiff in a criminal case is the State of Texas or the US government in a case involving federal crimes. The government is represented by the prosecutor, who works to obtain a conviction using evidence obtained by law enforcement.
- Upon being charged with a crime, you are the defendant in the criminal case. You are entitled to due process, equal protection under the laws, and other civil rights after being arrested.
- The prosecutor has the burden of proving guilt beyond a reasonable doubt with respect to each element of a criminal offense. There are multiple elements in criminal charges, and one important component of some crimes is the state of mind of the accused, i.e., intentionally, knowingly, recklessly, or criminally negligent.
- In Texas, crimes are classified as felonies or misdemeanors. The most serious offenses, including most violent crimes, are designated as felonies. Misdemeanors involve less severe charges, but you could still face jail time and fines.
- Aside from criminal punishment, many people convicted of crimes will experience collateral consequences after serving their sentence. These are legal restrictions and disabilities that attach when you have a criminal history.

### Stages of a Texas Criminal Case

Now that you have a grasp of the basics, it is useful to review the steps in the criminal process and how you can help at each one.

#### Investigation

Police need probable cause to make an arrest, so they will conduct an investigation to collect enough evidence to meet this standard. The probe could be almost instantaneous, such as when officers observe you committing a crime and charge you. However, there may be activities to gather proof without your knowledge. During investigations, the best move for supporting your Galveston criminal defense attorney is refusing to consent to searches without a warrant.

#### Arrest

Once they believe they have sufficient evidence, officers may arrest you; alternatively, you could face charges handed down via a grand jury indictment. During the encounter, the following tips are important for protecting your rights:

- Remember, police are always trying to gather evidence
- Do not make statements, answer questions, or offer any information to law enforcement.
- Exercise your right to counsel by contacting an attorney right away.
- NEVER resist arrest.

#### Arraignment and Bond

During your first court appearance, the judge will read the charges against you in open court and request that you enter a plea. There will also be discussions related to bond and bail for your pretrial release. Your lawyer will be at your side to advise you; if you have not consulted with one yet, you can still help your future attorney by pleading Not Guilty.

#### Pretrial Hearings

The court may schedule conferences and other hearings to narrow the issues at trial and determine status. Your lawyer may also discuss plea bargaining, probation, and other options for resolving the charges. At this stage of the criminal process, the most important task for you is showing up to all required hearings. This will be a condition of your pretrial release, so you could forfeit the bond if you fail to appear without good cause. Plus, skipping court does not create a positive impression for the judge.

#### Motions

During the pretrial stages of a case, both prosecutor and defense attorneys will typically file motions. These are official documents filed by the court requesting that the judge take a certain action. Your lawyer may file motions related to:

- Forcing the government to turn over evidence being withheld by the prosecution
- Tossing illegally obtained evidence out of court, since unlawful search and seizure is a violation of your civil rights
- Dismissing the charges for a lack of evidence or a variety of other grounds

Motion practice is extremely complicated, requiring an application of the law to the facts to convince the judge to side with you. Your attorney will handle the details, but your role is informational. You must be honest and fully disclose everything you know about the allegations because these specifics could provide grounds for a motion that benefits your position.

#### Trial

After resolving all motions, discovery matters, and pretrial matters, the court will schedule your case for a trial on the merits. The proceedings take place before jurors if you requested a jury trial, while the finder of fact in a bench trial is the judge. A trial also goes through several stages, including:

- *Voir dire*, i.e., picking the jury
- Opening arguments by the prosecutor, followed by your defense attorney
- The prosecution presents its case in chief, in which the government calls witnesses and introduces evidence
- Your defense lawyer will present exhibits, witnesses, and evidence in your favor once the prosecution rests
- Both sides will present closing arguments
- The jury receives instructions and deliberates the case
- The jury or judge issues a verdict, either finding the defendant guilty OR acquitting and dismissing all charges.

At trial, the most important task for you is dressing professionally, showing respect for courtroom officials, and always being polite when addressed. In most criminal cases, the defendant does not take the stand. The Fifth Amendment to the US Constitution protects against self-incrimination.

### Defenses to Criminal Charges

Knowing the high standard that the prosecutor must meet, you can see that an important defense requires you to take the offense. In other words, you must be proactive in preventing the prosecution from proving guilt beyond a reasonable doubt. By exposing weaknesses in the evidence, you create questions in the minds of the jury. In addition, other defense strategies include:

#### Pretrial Defenses

The most common defenses during the pretrial phase include illegal search and seizure and other misconduct by police, such as failure to read Miranda rights, excessive force, or abuse of a warrant.

#### Defenses to Raise at Trial

Once your case reaches trial, the most important defenses fall into two categories:

- Challenging insufficient evidence, which your lawyer would do if the government does not meet its burden after the prosecutor rests
- Raising affirmative defenses, including alibi, entrapment, or insanity. Plus, there is another opportunity to raise self-defense to defeat the charges.

With affirmative defenses, you should note that YOU have the burden of proof. Fortunately, it is lower than the prosecutor’s burden of proof beyond a reasonable doubt. If you do have evidence to support the defense, the case goes back to the prosecution to show why it does not apply.

#### Other Strategies in Criminal Cases

Even if you do not have evidence or grounds to claim a defense, there are ways to get a favorable outcome. Through consultation with and assistance from your Galveston criminal defense attorney:

- You may benefit from working out a plea bargain to lower the charges from a felony to a misdemeanor, which reduces your punishment and the consequences for your criminal record.
- You might qualify for deferred adjudication, in which you enter a guilty plea initially and get the charges dropped later when you comply with all terms set by the court.
- You could receive probation in lieu of a jail sentence.

## You Can Count on a Galveston Criminal Defense Attorney for Assistance

It might surprise you to learn that there are many ways you can help your attorney win your criminal case, though you can always leave the legal details to your lawyer. While your contributions and participation might not seem important, assistance with minute details and simple tasks can go a long way toward obtaining a favorable outcome.

For additional details on how you can support your case, please contact criminal defense attorney Mark Diaz. Individuals in Galveston, Greater Houston, and throughout Galveston County can call our firm at 409-515-6170 to schedule a free consultation. After reviewing your unique situation, a [Galveston County criminal defense lawyer](/landing-form/) will explain the laws and ways you can help with criminal charges.

**Categories:** Criminal Defense Lawyer

**Tags:** Criminal Defense

---

### [Recreational Use of Cannabis is Illegal in Texas](https://texascriminaljustice.com/recreational-use-of-cannabis-is-illegal-in-texas/)

**Published:** August 2, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![cannabis](https://texascriminaljustice.com/wp-content/uploads/2022/08/Diaz_3_Recreational-Use-Of-Cannabis-Is-Illegal-In-Texas_August-2022.jpg "cannabis")Cannabis is legal for recreational use in nearly twenty states in the U.S., in addition to Washington, D.C., and it is likely that many other states will be following their lead in the not-so-distant future. That being said, Texas will almost certainly not be one of those states following the rest’s lead in legalizing marijuana; presently, Texas completely bans cannabis for any use other than by a qualifying patient with a valid prescription.

In addition to legalizing marijuana, many jurisdictions have alternatively decriminalized small amounts of marijuana for personal use. Without specific legislation decriminalizing cannabis, the governing law regarding punishment for possession of marijuana in Texas would be the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.002). The Act imposes harsh punishment for a conviction for marijuana possession in comparison. Larger amounts of the drug and other factors could lead to an arrest for drug manufacturing or trafficking, and the charges could range from a serious misdemeanor to a high-level felony.

Aside from this brief explanation of the prohibition of recreational cannabis, Texas drug laws are quite complicated as they relate to marijuana. The statutes even classify it separately, adding further confusion for those who do not have a legal background. If you were arrested for violating controlled substances laws, retaining experienced legal counsel should be a priority. [Texas drug crime defense lawyers](/drug-possession/) are well-versed in the details, but here is what you should know about the recreational use of cannabis in Texas.

## Overview of Texas Drug Laws

Generally speaking, state statutes on controlled substances are a product of the type of drug, the amount, and what you were doing with it. A description of each of these factors is helpful for understanding how the laws work.

### Penalty Groups

Texas follows the basic structure of federal law, which categorizes controlled substances into Schedules; however, at the state level, the system classifies drugs into Penalty Groups 1-4. The categories with low numbers are more likely to cause addiction and have no accepted use in the medical profession. Examples of controlled substances in Penalty Group 1 include heroin and cocaine. Classes with higher numbers are less addictive and may have medical usage via prescription, such as Valium and Ritalin.

Marijuana is in its own Penalty Group in Texas and it is illegal in all forms. The laws take the approach that marijuana can be addictive, but there are some accepted applications in the field of medicine. In fact, Texas does allow marijuana for medical purposes under the Compassionate Use Program. Still, recreational cannabis remains unlawful.

### Volume, Weight, or Amount

The next area of inquiry with a drug case is how much of the controlled substance was involved with illegal activity. With any controlled substance, there is a wide range of derivatives, compounds, and other ways of processing them for the end-user. In a case involving marijuana, law enforcement will assess the usable amount according to “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” Texas Controlled Substances Act § 481.002(26).

### Drug-Related Criminal Activity

The uses, applications, and other unlawful activities related to marijuana are also an important component of a criminal case. Texas penalizes the following conduct:

- *Marijuana Possession:* You could be arrested for cannabis possession even for two ounces or less, and keep in mind that the key definitions are expansive. Actual possession means carrying the drugs on your person; constructive possession pertains to having the drug in a place that enables you to exercise custody and/or control. As such, charges may stem from having marijuana in a bag or the glove box of your vehicle.
- *Manufacturing Marijuana:* The term ‘manufacturing’ can cover a broad array of activities involved with growing, cultivating, harvesting, processing, storing, compounding, and almost any other tasks related to the production of marijuana.
- *Marijuana Trafficking:* It is unlawful to sell cannabis, but the trafficking law applies to many other forms of misconduct. A person could be arrested for distributing, transporting, delivering, and even gifting marijuana for no payment.

### Additional Facts About Marijuana Crimes in Texas

After reviewing a summary of Texas cannabis laws, you might find it useful to review some details.

- The Texas Controlled Substances Act actually uses/spells the word as “marihuana,” which is helpful to know when you are conducting online searches about possession, trafficking, and manufacturing. As is detailed in much of this article, another way to spell the word is “marijuana.” Nonetheless, Texas law explicitly lists the word distinctly. Both are commonly accepted spellings of the word, but the distinction between the spellings may assist you in online searches on the issue in Texas.
- While marijuana has its own Penalty Group, the statutory provisions focus on the usable parts of the plant for purposes of assigning charges. When someone processes marijuana into certain derivatives or compounds, these substances could be classified under Penalty Group 2. Any criminal activity related to a Penalty Group 2 drug is a felony and punished much harsher than marijuana in its own Penalty Group.
- Besides possession, trafficking, and manufacturing marijuana, it is also illegal to sell, produce, or deliver drug paraphernalia. Numerous household goods could be considered drug paraphernalia in the context of surrounding circumstances and what law enforcement in that moment perceive as the intended use.

### Harsh Penalties for Violating Cannabis Laws

Possession of marijuana is generally considered to be the least harmful of drug crimes, so you could be charged with a Class B Misdemeanor if you have any amount of the drug, so long as it is less than two ounces. A conviction could lead to a maximum of 180 days’ incarceration and a $2,000 fine. For amounts between 2 ounces but under four ounces, the offense is a Class A Misdemeanor punishable by a year in jail and a $4,000 fine. Convictions for drug crimes, even marijuana, should not be taken lightly. Texas drug crime convictions lead to license suspensions, reinstatement fees, and even having to complete a Texas approved Drug Offender Course before DPS will reissue you your license again in some circumstances.

### Options for Fighting Drug Crime Cases

As with any criminal matter, there are defenses available to fight marijuana possession, trafficking, and manufacturing charges. Your Texas drug crime defense lawyer may employ such strategies as:

- ***Fighting the Prosecutor’s Case:*** The government must prove each element of a drug crime case beyond a reasonable doubt, the highest standard of proof in the U.S. legal system. There are multiple opportunities to poke holes in the prosecutor’s evidence and cross-examine witnesses to expose weaknesses.
- ***Unlawful Search and Seizure:*** If police arrested you after an illegal search, all evidence they seize from you is inadmissible in court. Without this critical proof, the prosecution may not be able to meet its burden of proof.
- ***Evidence Issues:*** Considering the importance of weight and amount in a case for marijuana possession, manufacturing, or delivering, it is critical to assess the minute details. The crime lab might state that the weight was # pounds, but that may include superfluous materials that should not be considered in levying charges. You are entitled to have the evidence evaluated by your own expert, which could expose inconsistencies by the government.

### Other Strategies for Resolving Drug Charges

In many cases, it is not possible to present a complete defense that defeats the charges and results in either a dismissal or acquittal. However, there may be ways of resolving the case in a way that avoids the harshest punishment. For instance:

- You may qualify for probation in a Texas drug case, and a judge is required to order community supervision for certain defendants without a criminal history. Other individuals may be awarded probation on a discretionary basis.
- There is a Texas Drug Court for resolving charges related to controlled substances, and the proceedings focus on substance abuse treatment for those addicted to drugs.
- You might be able to work out a plea bargain with the prosecution, which could make a big difference in a case that takes a felony to a misdemeanor. Your punishment will be reduced and your record will not reveal a felony conviction, but you must plead guilty and serve your sentence.

### Consult With Our Texas Drug Crime Defense Lawyers About Your Rights

This summary covers a lot of what you should know about the recreational use of cannabis, but there are many other details that are important when it comes to defending your interests. Even a misdemeanor can lead to jail time, and the prison terms are much longer for felony convictions.

To learn more about strategies for fighting marijuana possession, trafficking, and manufacturing crimes, please contact criminal defense attorney Mark Diaz at 409-515-6170. We can schedule a free consultation with a[ Galveston County drug possession defense lawyer ](/drug-possession/)who can review your situation and provide personalized advice. Our firm serves Greater Houston and Galveston County, and we are happy to help.

**Categories:** Drug Crime Defense Lawyer

**Tags:** cannabis

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### [Texas Gun Laws in 2022](https://texascriminaljustice.com/texas-gun-laws-in-2022/)

**Published:** August 16, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas gun laws](https://texascriminaljustice.com/wp-content/uploads/2022/08/Diaz_1_Texas-Gun-Laws-In-2022_August-2022.jpg "Texas gun laws")You might be aware that Texas gun laws are somewhat restrictive compared to statutes in other US states, but you may not realize that they also change on a relatively frequent basis. Whenever lawmakers are in session, members of both houses introduce bills, work through the legislative process, and eventually vote on them.

Many of these measures affect the [Texas Penal Code section on Weapons](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.01), but not all new laws receive much fanfare. There can be profound implications for your rights without your knowledge, so it is important to review some of the firearm-related statutes that will become effective in 2022.

Texas gun laws may seem less restrictive in some ways, but keep in mind that being charged with violating them can lead to serious charges and harsh penalties. Plus, there are collateral consequences that impact your life long after serving your sentence, including ramifications for your Second Amendment rights. If you were arrested, retaining a [Galveston County criminal defense lawyer](/our-team/) is critical. There are strategies to fight the charges, and a favorable outcome is more likely when you have skilled legal counsel at your side. In addition, some information about the Texas gun laws in 2022 is useful.

## Overview of Gun Statutes in Texas

The laws classify different offenses based upon illegal types of firearms and ammunition, unlawful use, prohibited possession, and many other factors. Some of the most important provisions to note include:

- Places Weapons Prohibited: It is against the law to intentionally, knowingly, or recklessly possess a firearm in designated places, such as schools, beyond airport security, polling places, and most government buildings.
- Unlawful Carrying of a Handgun by License Holder: A person may obtain a license to carry a firearm, but this does not allow unlimited use of it. You could be arrested under this statute if you intentionally display a handgun such that another person can view it in a public place unless in carried in a holster, whether on the person or in a motor vehicle.
- Unlawful Possession: Certain individuals are not allowed to be in possession of a firearm, including anyone convicted of a felony or a any domestic violence misdemeanor. It is possible to restore your right to possess a gun, but you must go through official legal proceedings to do so. Until you work out the details, you cannot legally possess a firearm.
- Prohibited Weapons: It is a violation of Texas weapons laws to intentionally, possess, produce, transport, fix, or sell certain items, many of which are firearm-related. Examples include machine guns, sawed-off shotguns, armor-piercing ammo, explosives, zip guns, silencers, and many other devices.

### Recent Changes to UCW

Another gun statute deserves special mention because it made significant changes to the law on Unlawful Carrying Weapons (UCW). Texas is one of many US states to become “constitutional carry,” recognizing the importance of Second Amendment rights. The state’s version of the law states that individuals over 21 years old can carry a handgun outside their home or vehicle without a license. However, this law must be considered in the context of the statutes above: Some individuals are still prohibited from possessing a firearm, and you cannot carry a gun in prohibited places.

### Licensing Laws

Besides the statutes that prohibited certain acts, Texas has enacted firearms laws on obtaining permits. Though not required, individuals may opt to get a license because it enables them to carry a gun in places where non-permit holders cannot. A person may be eligible for a license if he or she:

- Is at least 21 years old
- Has not been convicted of a felony
- Is not an abuser of drugs or alcohol
- Is not under restrictions imposed by a domestic violence restraining order
- Is up to date on child support payments
- Does not suffer from incapacity issues
- Meets other criteria established by law

## Penalties for Violating State Gun Laws

Texas imposes punishment for gun crimes according to the familiar classification system of felony versus misdemeanor, with the former being the more serious offense. The offenses described above are generally categorized as:

- ***Class A Misdemeanor***: Unlawful carry by a permit holder is a Class A Misdemeanor, punishable by up to one year in jail, a $4,000 fine, or both. Unlawful possession is also in this category, but only in cases where the person possesses a firearm within five years after serving a sentence for a domestic violence crime.
- ***State Jail Felony***: If you violate the law on possession of illegal weapons, some items on the list could lead to charges for a State Jail Felony. A conviction could mean 180 days to 2 years’ incarceration, plus a maximum fine of $10,000.
- ***Third Degree Felony***: Unlawful possession not involving the exception listed above falls in this category, and it is a Third Degree Felony to carry a firearm in places where they are prohibited. Plus, for the more dangerous items on the list of prohibited weapons, a person could face Third Degree Felony charges. If convicted, a judge could sentence you to 2 to 10 years in prison.

Whenever you see a range listed as a period of imprisonment, the judge has the discretion to issue a sentencing anywhere falling in between the high and low end. As such, your criminal history, surrounding circumstances, and many other factors could be relevant for purposes of punishment.

## Potential Defenses and Other Strategies

Considering the penalties you face for violating Texas gun laws, the obvious goal is to avoid a conviction. This may not always be possible, but your first defense strategy will always involve attacking the government’s case. The prosecution is required to prove each element of the gun offense beyond a reasonable doubt, and it is difficult to meet this burden with weak evidence and legal arguments. If the prosecutor fails, you may not be convicted. Additional defense strategies may include:

- ***Unlawful Search and Seizure***: Under the protection of the Fourth Amendment to the US Constitution, police cannot conduct a search with a warrant supported by probable cause. Violations of your civil rights could lead to application of the “exclusionary” rule, i.e., a rule of evidence that requires all evidence to be tossed out of court if it was obtained illegally by police. Without this proof, the prosecution may not have enough evidence to convict.
- ***Questions About Possession***: You may not think too much about what it means to possess something, but there are specific rules in criminal law. Actual possession is carrying something on your person, while constructive possession is a more fluid concept. You could be viewed as being in constructive possession of a gun if it is in your purse, the glove box of your vehicle, or the pocket of your jacket.
- ***Issues Involving Intent***: Many Texas gun offenses are based upon intent, which means that the prosecutor must prove that you acted with a certain state of mind when committing the crime. Key terms include ‘intentionally,’ in which you were purposeful in your actions; ‘knowingly,’ where you were fully aware of your circumstances and what you were doing; and, ‘Recklessly,’ in which you acted in conscious disregard for the safety of persons and property interests.
- ***Plea Bargaining***: Though not a complete defense, working out an agreement with the prosecution can lead to lesser charges, reduced sentencing, or both. The government is often particularly interested in negotiating a plea bargain when the evidence is weak.

## How an Attorney Supports Your Rights

The details for presenting these defenses and applying other strategies will vary, but you might better understand them in the context of the criminal process. Your Galveston County criminal defense lawyer will handle your needs at each stage, including:

- ***Arraignment***: At your first court appearance after arrest, the official charges will be read in open court and you will be asked to enter a plea. This hearing is also an opportunity to address bond for your pretrial release.
- ***Pretrial***: There may be multiple hearings before your trial date, often dealing with “motions” – official requests filed by the prosecutor and your defense attorney, asking the court to make a ruling on a particular issue. Your lawyer may file motions to dismiss, which could lead to dropping the charges.
- ***Trial***: At your trial, both sides will present arguments, exhibits, and witness testimony. However, the prosecutor will go first, enabling your lawyer to attack the evidence and cross-examine witnesses. Your attorney will present information to support your defense, ideally convincing the jury to acquit.

## A Galveston County Criminal Defense Lawyer Will Provide Additional Details

It is helpful to know the different stages of a criminal case for violation of Texas gun laws, but you can also see how legal help is critical at each one. You have rights, financial interests, and a future to protect, and you put them at risk without experienced representation.

For more information about fighting gun charges, please contact criminal defense attorney Mark Diaz. Our firm serves clients in Greater Houston and throughout Galveston County in a wide range of criminal matters, so we are ready to deliver solid legal support. You can set up a no-cost consultation by calling 409-515-6170. After reviewing your circumstances, a [Texas gun crimes defense attorney](/landing-form/) can discuss strategy.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Criminal Defense Lawyer

**Tags:** gun laws

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### [Why is There Such an Increase in Violent Crime During Summer?](https://texascriminaljustice.com/why-is-there-such-an-increase-in-violent-crime-during-summer/)

**Published:** August 22, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![violent crime](https://texascriminaljustice.com/wp-content/uploads/2022/08/Diaz_2_Why-Is-There-Such-An-Increase-In-Violent-Crime-During-Summer_August-2022.jpg "violent crime")It may come as a surprise to learn that criminal offenses are seasonal in nature, but data indicates that rates tend to trend higher in the summer months. Some studies report that the increase in violent crime could be as much as 5% or higher on warmer days, and there are numerous theories as to why nationwide. However, Texas seems to be spared from this phenomenon. According to the [Texas Department of Public Safety](https://www.dps.texas.gov/section/crime-records/crime-texas) (DPS), October and January rank #1 and #2 for serious crime arrests in the state. August falls in third place but, taken with the months of June and July, approximately 202,000 people are arrested in Texas during these summer months.

To understand the seasonal trends as it relates to the commission of a crime, reviewing some factors that play into the analysis may explain why there is a notable increase in violent crime during summer. Texas laws treat violent crimes seriously because of the harm to victims and threats to the public. The majority of these violent crimes will be classified as felony offenses due to the severity of the allegation.

Nonetheless, even for a misdemeanor charge, jail time and fines can be harsh and impact your life significantly. As such, developing a solid defense strategy is essential if you find yourself or a loved one charged with a crime during these summer months. You are at a disadvantage going up against an experienced prosecutor alone, but you can trust a [La Marque criminal defense attorney](/assault-and-battery/) to bridge that gap and protect your rights while doing so.

## Possible Causes for Warm Weather Crime Spikes

There is considerable speculation over the reasons behind increases in violent crime. The following presents some of the popular theories as to why this is the case – as you will see, a lot of the justifications make sense as you think about it. For instance:

- Summer in the northern hemisphere means longer days, so people are outdoors later and into the evening. This leads to higher social engagement in public places or private places. Drinking is common at social gatherings – so, the longer the interaction and the more drinks people are having, the more likely it becomes that the situation can get out of hand quickly and sometimes even violently.
- School is out during the summer months, so many teens are unsupervised, bored, and looking to get into trouble. Based on the crime trends during the summer months, it appears as though some of those unsupervised teens in fact do find that trouble but in the form of a criminal charge, unfortunately.
- Let’s face it, it is hot in Texas…especially in the summer. Many believe that aggression, belligerence, and hostility levels spike when the mercury/heat rises.
- Warmer weather inspires a vacation-like attitude, which can inspire people to consume alcohol more often and in higher quantities. Impairment can lead to poor judgment and motivate a person to engage in criminal activity they normally would not engage in.
- Because school is out, many families save their annual vacation for the summertime. Vacationing families means empty homes while they are away. Empty homes are easy targets to criminals seeking to break into houses and steal.

## Summary of Texas Violent Crime Laws

The Federal Bureau of Investigation (FBI) has established a system of “Index Crimes” to track eight key offenses that are common across the US. Five involve elements of violence, including homicide, rape, robbery, burglary, and aggravated assault. The Texas Penal Code criminalizes all of these offenses, but they may go by different names under our state law.

- ***Murder/Homicide:*** The FBI’s Uniform Crime Reporting (UCR) Program defines murder and nonnegligent manslaughter as the willful (nonnegligent) killing of one human being by another. Texas classifies its various forms of “murder” under the umbrella term “criminal homicide.” In Texas, “criminal homicide” is defined as follows: “a person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.” The various forms of “criminal homicide” in Texas are defined as murder, capital murder, manslaughter, or criminally negligent homicide.
- ***Rape:*** The UCR definition of rape is penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. In Texas, the statute on sexual assault covers a wide range of misconduct, but a person can be arrested for intentionally engaging in designated, nonconsensual sexual activities that are prohibited by law. Nonconsensual means not assenting to the sexual contact in the case of an adult, which could be the result of impairment and a physical inability to resist. A minor victim is not capable of consent, so when an adult has sex with a child (not capable of consenting to the activity), it is deemed rape under Texas law.
- ***Robbery:*** While it is a type of theft, robbery also includes elements of violence. If you intentionally, knowingly, or recklessly cause bodily injury to a victim while committing a theft offense, you could be charged with Aggravated Robbery, a First Degree Felony.
- ***Aggravated Assault:*** The basic definition for assault, generally, is causing bodily injury to another, making threats to cause bodily harm, or causing physical contact with the knowledge that the victim would find it offensive. The offense is elevated to aggravated assault when the defendant uses a weapon or where the conduct results in serious bodily injury.
- ***Burglary of a Habitation/Burglary of a Building:*** This offense is another example of a theft crime that carries more serious charges because it contains an element of violence. Burglary is entering a home or building not open to the public, with the intent to commit a felony, theft, or assault while inside; hiding inside a habitation or building with the intent to commit a felony, steal something, or attack someone; or, any attempts to enter a home or building for purposes of crime. Burglary is always a felony, but the level varies according to the circumstances. Breaking and entering into a non-residential building is a State Jail Felony, but it is elevated to a Third Degree Felony when the structure is a home. Burglary is more serious than a similar crime: Criminal trespass, a misdemeanor that does not involve violence.

### Statistics on Violent Crime

Arrest data is a valuable assessment of rates, but keep in mind an important point. Law enforcement officers only need probable cause to make an arrest. This is a burden that is much lower than the standard which is required to convict. In other words, statistics on violent offenses can be somewhat misleading when you only consider the number of people charged – not the number of people convicted and sentenced. Bear this in mind when reviewing figures on crime in Texas:

- One of the most common violent crimes charged in Texas is aggravated assault, which leads to almost 25,000 arrests every year.
- The violent theft crimes of robbery and burglary account for well over 13,000 arrests annually.
- Nearly 1000 people are charged with varying degrees of murder every year in Texas

### Sentencing for a Conviction

From the above description, you can see that officials could arrest you for varying degrees of felony charges based on the circumstances. Punishment is severe for the lowest level offense, and the penalties get harsher as the charges escalate.

- ***State Jail Felony:*** If convicted, you could be sentenced to 180 days to 2 years incarceration. As with all other felonies listed below, a judge could order a maximum fine of $10,000 in addition to jail time.
- ***Third Degree Felony:*** A conviction for this offense means a mandatory minimum of 2 years imprisonment, but a judge could order up to 10 years in jail.
- ***Second Degree Felony:*** The mandatory minimum is still 2 years in prison, but the maximum term of incarceration increases to 20 years if you are convicted of a Second Degree Felony.
- ***First Degree Felony:*** For a conviction on these charges, the mandatory minimum is 5 years imprisonment. The judge could sentence you to a maximum of 99 years in prison, which is the equivalent of spending life behind bars in most cases. In some cases involving violent crimes, the court will simply order life imprisonment without setting a number of years.
- ***Capital Felony:*** The most serious felony is punishable by death, though you could be sentenced to life imprisonment without parole.

There is a reason for the range of punishment when it comes to imprisonment. Texas sentencing guidelines allow judges to use discretion when ordering punishment after a person is convicted. Factors that could lead to longer versus shorter prison terms include your general criminal history, past convictions for specific violent crimes, the location of the offense, and many other circumstances.

### Overview of Defense Strategies

When sentencing is extremely harsh, you know that taking advantage of all possible defense tactics is critical. Initially, your La Marque criminal defense attorney will seize upon opportunities to disprove or expose weaknesses in the prosecutor’s evidence. There is little room for error with the prosecution’s burden of proof, so any deficiencies could prevent the government from proving guilt beyond a reasonable doubt.

In addition, there may be defenses to violent crime charges in Texas, such as:

- Self-defense or defense of others, where you must have evidence showing that you were protecting yourself or someone else when engaging in violence
- Proof of mutual combat, is a defense that alleges that both parties voluntarily engaged in a physical altercation; a bar fight is an example
- Lack of intent or knowledge, in cases where the state of mind is an essential element

Though not defenses, plea bargaining may be an option for resolving charges. You could benefit from pleading down to a Class A Misdemeanor, which is punishable by up to a year in jail.

### Set Up a Consultation With a La Marque Criminal Defense Attorney Today

There are many abstract reasons crime increases in the summer months, but bear in mind that members of the Texas law enforcement community work hard all year long to arrest suspects. However, an arrest is not a conviction, and there are multiple opportunities to fight the charges throughout the process.

If you were arrested for any felony or misdemeanor, please contact criminal defense attorney Mark Diaz right away. Individuals in La Marque, Greater Houston, and Galveston County can reach our firm by calling 409-515-6170. We are happy to schedule a free consultation with a [Texas violent crimes defense lawyer](/landing-form/) who can advise you on potential strategies.

**Categories:** Criminal defense attorney

**Tags:** Violent Crime

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### [Galveston County DA Office Seeking Budget Increase](https://texascriminaljustice.com/galveston-county-da-office-seeking-budget-increase/)

**Published:** August 29, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston County prosecutors](https://texascriminaljustice.com/wp-content/uploads/2022/08/prosecutors.jpg "Galveston County prosecutors")

### Galveston County District Attorney Seeking Funds For More Prosecutors

Hello everyone, I know I’m a little late on doing this live session, but I wanted to make sure I got it done. What I wanted to talk about was last Friday, in the Galveston County Daily News, an article came out about [Galveston County elected District Attorney seeking additional funds](https://www.galvnews.com/news/article_97626c6f-0e60-59cb-bf9b-26ea1fb60538.html) for prosecutors in his office.

He is seeking an additional $1 million for his budget so that he can up salaries to be competitive with neighboring counties. I am not here to discuss prosecutors’ salaries and whether or not their salaries are high enough. That’s not my issue here.

When I saw the article in the paper, I went and watched the video of the budget meeting. I listened to Jack Roady trying to justify this extra million dollars that he says will keep him competitive and allow him to bring in more prosecutors. He talked about a prosecutor shortage. That it’s a nationwide problem and all kinds of stuff. I want to go through some of that today.

#### Starting Pay For Galveston County Prosecutors

At one point, I guess he had provided statistics to the commissioners. I hope this reaches at least one of the commissioners, hopefully, Darrell Apffel. Commissioner Apffel, I felt he had some intelligent questions for Jack during the meeting. One of the comparisons he gave was that some low starting salary for a misdemeanor prosecutor is $67,000 right out of law school. He then said that when starting at a law firm, the starting salaries are like $215,000 or something. I can assure you that those are fewer and far between.

#### Virtual vs. In-Person

He gave explanations that prosecutors are leaving because when they come to the private sector, they’re allowed to work virtually. He made it a point to say that they as prosecutors don’t have that luxury. They have to be in court. I’m not sure exactly what he’s talking about.

If the prosecutor is in court, and my client has to be in court, I have to be in court too. I’ve been in private practice, next year it’ll be 25 years, and I don’t get to work virtually. I don’t know what he’s talking about. I don’t get to as he said, wake up in my pajamas and go to work. I have to be in court just like prosecutors do and just as my clients do.

#### Prosecutor Shortage Not Due To Salary

What I wanted to address was the shortage in the DA’s office is not due to salary. Not at all. I have a list and I have names, I have not talked to all these people individually, so I’m not going to name their names. The problem is not that people are leaving for money.

Here’s the best example I can give you for that.

Over the course of 2021 and 2022. He lost 10 chiefs. Okay, so he lost the chief who had given 17 years of service, another one who had given at least 10. Another one had seven, and another one had 11. Another one had 18. Another one had 21, and the biggest one had 27. Another important prosecutor had six years, a chief, six years here in Galveston, and then another one who had 18 years of service.

If you’re going to stand in front of the Commissioner’s court and try and convince them, that people who had been there over 10 years left for money that’s just not genuine. People who have been there, for instance, 27 years, you’re going to try to tell me he left because of money? What has happened across the street is there have been decisions that have been made by the leadership, including Mr. Roady, that have killed morale in that office. The reason that you’ve lost 10 chiefs in two years is not that you don’t have enough money.

I mentioned there were 10 chiefs. He also lost four felony 2 prosecutors, a Fraud Examiner, and an investigator who had been there at least 20 years. So basically, what we’re talking about is over 100 years of experience have been lost in recent history. None of it is due to money. I know all these people, none of them wanted to leave. Several of them have gone on to other prosecutorial offices, not because the money was better, but because prosecution is what they want to do.

#### People Work In The Criminal Justice System Because They Want To

I know of several on this list, two, specifically, that uprooted their entire lives, sold their properties in Galveston, and moved to where they could get a job as a prosecutor. So, when you talk about money being the motivator, that may certainly be true in recruiting new young hires. It’s not all of the motivation though. As everyone knows, those of us who work in the criminal justice system, do it because that’s what we want to do.

As a criminal defense attorney, I’m not like a PI attorney. I don’t win $30 million judgments in court. To say it’s all about the money, and money is the only thing that’s going to fix it. It’s just completely off base. I think he gave the numbers, so he’s got 47 people. He’s got 47 spots, and 11 of them are vacant.

So, I’ve just told you about 10 chiefs, and 4 second in commands who left. That’s 14 People who have left. So, had he kept all those people, would he have 11 vacancies? If I’m running an organization, and in the course of a short time, out of my 47, I lose 14 of my highest-ranking employees I won’t run and seek more money and say, oh these people left because of money. I need more money. No. I’m going to try to figure out what have I done wrong, that 14 people have left my organization, 14 key people.

I’m losing all this talent and I think if I can just get the commissioners to give me more money and throw more money at it, it will all take care of itself. It doesn’t work like that. Some decisions have been made, which forced all these people to leave.

#### The Million Dollars The DA Seeks Comes From Taxpayers

Rather than look inside and say, what can we do better as an organization to try and fix this problem? Where’s the morale? What do I need to do with my people? He goes and says, I need more money, a million dollars. The reason it bothers me is that I live here. I’m a taxpayer here. He’s asking for a million dollars that will come from all of us.

So, if it gets to the point that the commissioner’s court gets on board with this, they’re going to have to raise money somewhere, which means we pay more property tax, we pay more something or other to raise these 1 million dollars that Jack wants, to fix the problem that he created. I just don’t agree with that at all.

I’m not trying to argue that prosecutors should be paid less, if there’s enough in the budget, pay them more. There were discussions in there about how he’s had to eliminate positions like the Special Victims Unit because of shortages within the office. Well, that wouldn’t have had to happen, had decisions not been made that forced everyone to leave.

The other thing I’d like everyone to remember is that when Jack Roady became the elected DA. Initially, those positions didn’t exist, he created them, which means there was a time when the Special Victims cases were prosecuted by the prosecutors in that court. I’m not saying that’s ideal, but as an organization, you make adjustments to deal with what you have before you. Rather than just shouting, I need more money.

So, while there were numbers given of Galveston’s starting salary versus Brazoria versus Montgomery County, and Galveston being the lowest. Again, I’m not arguing prosecutors don’t need to be paid more money. I am simply against him trying to make it sound like the only reason his people left is for money, because none of those chiefs left for money, not one. I know where they went. I know where they work today.

Some of them did come to the defense, not because they wanted to, but because they have to survive. They felt like they couldn’t stay there anymore under the current circumstances. They made decisions, and several of them had to sell properties and move. I see another one on the list who left for another prosecutor’s office, not because she wanted to, but because she couldn’t stay here anymore.

Then the taxpayers are supposed to pick it up. I just can’t see that. Like I said, in my organization, I’ve only got two lawyers working for me. If both of them quit next week, I’d be trying to figure out what I did wrong. I wouldn’t be going to my banker and saying hey, give me a million-dollar loan so I can attract new people to work for me.

#### The Problem Isn’t Money It’s Morale

Regardless of what you think, if you read the article, I just wanted to give you that perspective. If you are interested enough, you can go to the Galveston county commissioners’ website and watch the video. The elected DA saying that he needs money so he can be competitive is crazy. That’s not where the problem started.

I think he would do better looking inside himself and figuring out exactly what he did or what decisions were made that forced all these people with all these years of experience to leave in such a short time. People who stay there for 18 years don’t leave because they got more money, people who’ve been there for 18 years plan on staying and retiring there. Thank you all for listening, hope you’re having a good week.

### Contact Mark Diaz For Criminal Defense Representation In Galveston County

Throughout my career as a [criminal defense lawyer in Galveston](/), I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a criminal defense lawyer, I consider it a privilege to help people during this stressful time in their lives. Call me today at 409-515-6170 for a free consultation to discuss your case.

**Categories:** Courthouse News

**Tags:** Galveston County

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### [Texas Gun Laws and the Upsurge of Mass Shootings](https://texascriminaljustice.com/texas-gun-laws-and-the-upsurge-of-mass-shootings/)

**Published:** September 5, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas gun laws](https://texascriminaljustice.com/wp-content/uploads/2022/09/Diaz-1-Why-Texas-Leads-The-Nation-In-Mass-Shootings_September-2022.jpg "Texas gun laws")FBI officials define “mass shootings” as events in which at least four victims are murdered through the use of a firearm by a lone gunman in a public place. Texas has seen its fair share of incidents recently, and the shooting at Robb Elementary School in Uvalde is still fresh in the minds of many.

Including this tragedy, there have been a total of eight mass shootings in Texas over the last 13 years. The state leads the US in deaths according to the FBI definition, and it ranks second for the highest number of victims killed. In addition, statistics from *[Everytown for Gun Safety](https://www.everytown.org/issues/mass-shootings/)* are as follows:

- From 2009 to 2020, 1,363 victims were killed in mass shootings. Another 947 people were shot and injured.
- One in three perpetrators of mass shootings were prohibited from possessing a gun at the time, at times because of a prior felony conviction.
- In the eight Texas mass shootings that took place from 2009 through May 2022, 171 people have been killed and 253 were injured.

These figures lead many people to question why Texas tops other US states in terms of mass shootings. The truth is that there are numerous factors, and gun laws do play a role. The popular view is that Texas is lax on gun control. However, you might be surprised to learn that law enforcement is diligent in apprehending offenders, and prosecutors aggressively pursue gun crime charges. Retaining a [Galveston criminal defense lawyer](/) is critical if you were arrested, but some information on the relationship between mass shootings and Texas gun laws is important.

## Possible Factors Affecting Mass Shootings

There is no one factor known that drives someone to descend upon a crowd in a public place and start firing a weapon, but a combination of issues may drive these tragedies. Consider the following points about firearms in Texas:

- The Lonestar State has twice as many licensed gun dealers than any other state, at more than 6,000 total.
- Texas leads the nation in the estimated number of firearms sales, as well as with multiple gun purchases in a single transaction. From 2016 to 2020, more than 53% of all multiple rifle transactions across the US took place in Texas.
- Some argue that police do not enforce gun laws by making arrests, and prosecutors do not pursue charges against criminals after an arrest. Locally, we do not see this.
- Another argument is that lawmakers did not take appropriate action after mass shootings over the last few years. Though studies were commissioned, and research groups offered recommendations, some contend legislative measures that did pass were ineffective.
- Those who oppose the Texas constitutional carry law, which went into effect in September 2021, assert that people have more access to guns. The statute allows qualifying individuals to carry a handgun in public without a license.

## Overview of Texas Gun Laws

A person who engages in a mass shooting may face a number of firearms charges since there are multiple violations involved with the single event. The statutes cover a range of conduct that is either illegal because of the act or the person who commits it. Examples include:

- Unlawful Carrying Weapons, which is a crime if the person is under 21 years old (with a handgun) or has a criminal conviction for certain offenses within the last five years
- Violations of the Places Weapons Prohibited law, since it is illegal to possess a firearm in 
    - Schools
    - Courthouses
    - Polling places
    - Racetracks
    - Secured sections at airports
    - Places where scholastic sports and events are being held
    - Correctional facilities
    - Hospitals
    - Other areas designated by law
- Unlawful Carrying of Handgun by License Holder, where a person who has a concealed carry license intentionally displays a handgun
- Unlawful Possession of Firearm by a person who is a convicted felon, a member of a gang, and someone convicted of misdemeanor domestic violence
- Possession of Prohibited Weapons, such as machine guns, sawed-off shotguns, and armor-piercing ammunition

### How Police Investigate Gun Crimes

Mass shootings actually represent a minuscule number of gun offenses in the US and in Texas. *Everytown for Gun Safety* reports that more than 99% of all firearms fatalities do not involve a single shooter killing at least four people in public. As such, police dedicate the bulk of their efforts to enforcing gun laws like those above, as well as many others. During investigations, officers may:

- Stop you in a public place and ask questions about involvement in gun crimes
- Detain you and request that you produce identification
- Conduct a “stop and frisk,” in which police do a pat down to determine the presence of a firearm on your person
- Perform a full search of your body, clothing, vehicle, and other areas within your control

These and other actions by police may be legal under certain circumstances, but there may be civil rights violations in some cases.

### Penalties for Violating Texas Gun Laws

It is somewhat of a surprise that Texas leads the nation in mass shootings when you consider the punishment for a conviction. The state viewed as being lenient on firearm laws will aggressively seek the maximum penalties in most cases. If convicted for a gun crime, you could face serious penalties:

- There is no jail time for a Class C Misdemeanor, but a judge could order you to pay a fine of up to $500.
- A Class A Misdemeanor is punishable by up to a year in jail and a maximum fine of $4,000.
- It is a Third-Degree Felony to be in possession of an illegal firearm. If convicted, you face a minimum of two years in prison, though a judge could issue a sentence up to 10 years of incarceration. You might also be ordered to pay a $10,000 fine.
- Second-Degree Felony charges apply to unlawful carry of a gun by a person who is prohibited from doing so by virtue of a prior felony conviction. The mandatory minimum prison sentence is also two years, but a judge could order up to 20 years of imprisonment.

### Defending Gun Crimes Charges

The penalties can be life-changing, but the key is that these only apply if you are convicted. After an arrest, you have multiple opportunities to defend the allegations. The timing for presenting them may vary, so you might leverage the following strategies at different stages of the criminal process:

- The prosecutor must prove guilt beyond a reasonable doubt with respect to each element of the gun crimes case, which is a heavy burden. You could prevent the government from meeting this standard by exposing weaknesses in the evidence.
- If you were subjected to an unlawful stop, frisk, search, or seizure, you may have a defense on constitutional grounds. A violation of your civil rights means all evidence must be tossed out of court.
- Possession is a tricky concept, since a case may be based upon actual or constructive possession. Actual possession means you have a firearm in a pocket, holster, a bag that you are carrying, or otherwise on your person. You might defend the charges on the grounds that you did not have constructive possession, because the prosecution must prove that you were able to exercise control over the gun.

With any Texas gun crimes case, keep in mind that plea bargaining is also an option for resolving the charges. There may still be penalties, but you could reduce the charges and/or punishment.

### Legal Help from a Galveston Criminal Defense Lawyer

It is a relief to know that defenses and other strategies are available when fighting gun offenses. However, you will need experienced legal counsel to take advantage of them. Instead of putting your rights at risk, rely on a gun crimes defense attorney to:

- Represent you at arraignment, the first court hearing where the charges are read, you enter a plea, and the judge addresses bond for pretrial release
- Raise motions regarding your defenses, such as a motion to exclude unlawfully obtained evidence or a motion to dismiss for lack of evidence
- Appear with you at all required court hearings during the pretrial process
- Attack the prosecutor’s evidence when the government is presenting its case-in-chief
- Present testimony, exhibits, and other evidence when it is your turn to defend the charges

At different stages of the process, your attorney can also discuss plea bargaining options with the prosecutor. Note that the judge must still approve a plea deal before entering an order.

## Trust a Galveston Criminal Defense Lawyer to Fight Gun Charges

Texas may lead the US in mass shootings but, as you can see from this summary, gun laws still involve harsh punishment if you are convicted. Legal support from an attorney is critical for handling the tasks mentioned above, as well as many others.

For more information on defenses to gun charges, please contact criminal defense attorney Mark Diaz to schedule a no-cost consultation. Our team has extensive experience representing clients in Greater Houston and throughout Galveston County, so we have the skills to fight for your rights. You can reach a [Texas gun crimes defense attorney](/landing-form/) at 409-515-6170 to learn more about potential strategies.

**Categories:** Criminal Defense Lawyer

**Tags:** gun laws

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### [Why You Should Never Accept a Plea Deal Without a Lawyer](https://texascriminaljustice.com/why-you-should-never-accept-a-plea-deal-without-a-lawyer/)

**Published:** September 9, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![plea deal](https://texascriminaljustice.com/wp-content/uploads/2022/09/Diaz-2-Why-You-Should-Never-Accept-A-Plea-Deal-Without-A-Lawyer_September-2022.jpg "plea deal")Texas ranks second among all US states in terms of population, so you probably expect arrest rates to be relatively high. However, the number of people who are charged with criminal offenses every year is still staggering. The [Texas Department of Public Safety](https://www.dps.texas.gov/section/crime-records/crime-texas) (DPS) reports that officials charged more than 530,000 individuals in 2020, but average arrests totaled almost 689,000 prior to the COVID pandemic. Clearly, police are dedicated to apprehending offenders as part of their goal to protect public safety.

However, arrests are just part of the picture. Statistics indicate that the vast majority of all criminal charges in the US are disposed of by a guilty plea. There are no exact figures on how many of those who pleaded guilty did so to get a plea deal, but researchers have determined that approximately 90% to 95% of federal and state criminal cases are resolved via agreement.

This data is welcome news if you were recently arrested, but it is important to not get sidetracked by the attraction of a plea deal. There are still critical implications for your rights, and plea bargaining can impact your future. Retaining legal representation is crucial, and it is not just the knowledge and experience that [Galveston County criminal defense attorneys](/) bring to the table. There are also specific reasons why you should never accept a plea deal without a lawyer, including the following:

## The Prosecutor Represents the Government, Not You

It is important to understand the roles involved in a criminal case since many people do not realize that the plaintiff in these matters is the government. The government needs a lawyer to represent its interests in punishing crime, and this position is the prosecution. The defendant in a Texas criminal case is you, the person accused of the crime.

It would be a huge mistake to have opposing counsel represent you in any case, so you should certainly not expect the prosecutor to support your interests. They might seem helpful in discussing a plea bargain, making recommendations to the judge, and preparing the proper court orders; however, the terms of the agreement will always favor the government.

Plus, the prosecution will probably not point out any provisions that have an adverse effect on your rights. The government’s attorney will probably not be inclined to dedicate time explaining the details to you, a non-client.

### You Do Not Know the Procedure for Getting a Plea Deal

Discussion about a plea bargain may take place informally, but there are strict rules about working through the details in court. The exact requirements may vary according to the charged offense and where your case stands in the criminal process, but the steps typically include:

- ***Initiate Discussions About a Plea Deal:*** Not all cases are amenable to plea bargaining, so you would need to talk to the prosecutor about whether it is an option. In some cases, however, the prosecution might even approach you about a deal.
- ***Negotiations:*** There may be some back-and-forth as you try to work out the details of the plea bargain. You will need to evaluate what you would be willing to accept on your end.
- ***Going Before the Judge:*** An important point to note is that a plea deal is not set in stone just because you reached an agreement with the prosecution. The judge must still approve it, which will usually be the case. As part of the proceedings, the prosecutor recommends that the court accept the arrangement. On rare occasions, the court may go in the other direction.

### Your Punishment Might Not be What You Expect

One of the goals of a plea agreement is reducing the penalties you would face if convicted of the crime for which you were arrested. If you do not know the high and low range of penalties you face if convicted, you cannot assess whether a plea deal is even a good idea. For instance:

- If convicted of a Class A Misdemeanor, a judge could sentence you to a year in jail and a $4,000 fine. A prosecutor might approach you offering a six-month sentence and half the fine. It might be a mistake to take the plea bargain if you are a first-time offender, as courts often order probation for non-violent offenses.
- A conviction for a Third Degree Felony is a minimum of two years in prison, though a judge could order up to 10 years of incarceration. If the prosecution agrees to seek the minimum, there is less risk that the judge sentence you to the maximum.

### The Collateral Consequences Can Still be Harsh

When you enter into a plea agreement, you will need to plead guilty in order for it to take effect as described above. Even if you benefit from a lenient sentence, the non-criminal implications can still affect your future. These are the collateral consequences of a criminal conviction, which is the end result of your case when you plead guilty. The matter appears on your permanent criminal record, so it can be uncovered in a background check. The case is also a public record for anyone who wants to look it up.

You might reduce the harshest punishment by a plea deal, but the collateral consequences remain. It is important to understand how a criminal conviction could affect:

- Your employment options
- Any professional or businesses licenses you hold
- Your voting rights
- Your driver’s license
- Your Second Amendment rights

Note that a plea bargain can address collateral consequences if you can negotiate a felony down to a misdemeanor. Some issues only affect convicted felons.

### You Are Not Aware of Potential Defenses

Besides reduced punishment, plea bargain also brings the advantage of certainty – despite the rare situation where the judge refuses the prosecutor’s recommendations. However, if you have defenses to the charges, you do yourself a disservice by working out a deal with the prosecution. With a solid defense, you could get a dismissal of the charges before trial. If your case does go to trial before a judge or jury, you might get a complete acquittal.

A plea deal may reduce the punishment or take a felony down to a misdemeanor as mentioned. The prosecutor might even offer to drop some charges entirely if you plead to another. These seem like attractive options, but they do not dispose of your case. It is critical that you pursue defenses if available, such as:

- Lack of evidence
- Self-defense
- Lack of proof regarding intent or knowledge, where state of mind is an element of the offense
- Unlawful search and seizure
- Other misconduct by police

### There May be Other Strategies for Fighting Criminal Charges

A plea bargain is usually one of the best tactics for resolving a criminal case, but there may be additional options for certain charges.

- For certain individuals arrested for drug crimes, counties have established a drug court that focuses on treatment instead of punishment.
- Deferred adjudication is available in some cases, and this is a type of probation. The advantage is that a conviction will not appear on your record if you complete the terms set by the court. The disposition WILL, but the conviction will not.
- Pretrial diversion is similar to deferred adjudication, except that you must apply in advance and be accepted into the program.

### You May Not Understand the Full Implication of a Plea Deal

Though you might still need to serve jail time and pay fines when working out your case by agreement, there could be conditions attached when probation is part of the bargain. After you are released, you may need to comply with multiple requirements set by the court. They may include:

- Random drug and alcohol testing
- Meeting with a probation officer
- Avoiding additional arrests or criminal activity
- Completing a substance abuse assessment
- Participating in counseling and educational sessions
- Paying all fines, fees, and restitution

The terms of your probation become part of a court order that applies directly to you. Violating these conditions is breaking the law, and there can be serious consequences. You might be required to go to court for a revocation hearing, and the judge has the discretion to impose penalties if the evidence shows a violation of probation. You could be released with tighter terms of probation, or your probation could be revoked and you go to jail.

## A Galveston Criminal Defense Attorney Will Protect Your Rights

These are just a few reasons why you should never accept a plea deal without a lawyer, but keep in mind that representation is critical for other aspects of a Texas criminal case. A prosecutor may not even consider plea bargaining unless the evidence is weak, and your attorney is instrumental in pointing out vulnerabilities in the government’s case.

If you were recently arrested, please contact criminal defense attorney Mark Diaz to schedule a free consultation. You can call 409-515-6170 to speak to a [Galveston County defense lawyer](/landing-form/). Once we review your circumstances, we can advise you on the pros and cons of a plea deal.

**Categories:** Criminal defense attorney

**Tags:** plea deal

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### [What is the Difference Between Assault and Aggravated Assault?](https://texascriminaljustice.com/what-is-the-difference-between-assault-and-aggravated-assault/)

**Published:** September 12, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![aggravated assault](https://texascriminaljustice.com/wp-content/uploads/2022/09/Diaz-3-What-Is-The-Difference-Between-Assault-And-Aggravated-Assault_September-2022.jpg "aggravated assault")The common definition of assault is a physical attack on another person, but Texas criminal laws employ a much more detailed description when someone is arrested. The [Texas Penal Code on assaultive offenses](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.01) covers an array of misconduct, including both assault and aggravated assault.

The lines between the two can be confusing, especially when you are familiar with how other US states define these offenses. Some jurisdictions punish assault and battery as separate offenses, viewing assault as a threat of violence and battery as making physical contact. Texas assault laws do punish the threat as well as the attack, but there are different classifications.

As such, if you are facing charges, you are probably wondering about the difference between assault and aggravated assault. From the terminology, you can probably guess that the aggravated version is more serious, but even simple assault can lead to fines and jail time.

You have a better chance of obtaining a favorable outcome by working with [Galveston assault defense lawyers](/assault-and-battery/), since there may be strategies for fighting the allegations or reducing the severity of the charges. A comparison between assault and aggravated assault is useful for understanding the differences, and a summary of how these cases work is important.

## Overview of Texas Assault Charges

The statutes are very specific about what constitutes assault in its various forms, and there are three ways to violate the law. They include intentionally, knowingly, or recklessly:

1. Causing bodily injury to another person
2. Threatening a person with imminent bodily injury and
3. Making physical contact with someone, when you know the contact would be viewed as offensive or provocative

From these descriptions, you can tell that #2 and #3 are less serious forms of assault. Both of these offenses are charged as Class C Misdemeanors. Because there is an actual injury with #1, the crime is a Class A Misdemeanor. However, certain factors can take these types of assault into felony territory. You could face a Second- or Third-Degree Felony if:

- The victim is a public servant, government agent dealing with family services, or security officer
- The victim is a family member, member of the household, or someone with whom you had a dating relationship, and there has been a prior conviction for assault
- The offense involved choking
- Other circumstances apply

### When a Case is Charged as Aggravated Assault

It is easier to understand aggravated assault because there are fewer variables as compared to simple assault. However, these cases are much more serious in terms of charges and potential penalties for a conviction. An attack is charged as aggravated assault if:

- The victim suffered serious bodily injury OR
- The accused used a weapon in the commission of the assault, in any of the three forms described above

The basic crime of aggravated assault is a Second-Degree Felony, but the charges are elevated to a First Degree Felony if:

- The accused uses a deadly weapon to commit assault against a family member and causes serious bodily injury
- The person commits an aggravated assault against a public servant
- A witness, informant, or person that reported a crime was the victim of aggravated assault or
- The offender discharges a gun from a vehicle at a dwelling, building, or other motor vehicle, and causes serious bodily injury to a victim

### Penalties for Assaultive Offenses in Texas

Knowing that simple and aggravated assault are charged as felony or misdemeanor as described above, details on the punishment are useful.

- If convicted of Class C Misdemeanor assault, you could be ordered to pay $500. There is no jail time as part of sentencing.
- For a conviction on Class A Misdemeanor assault charges, the court could sentence you to a year of incarceration plus a $4,000 fine.
- A Third-Degree Felony is punishable by a mandatory minimum of two years in prison, but a judge could order up to 10 years imprisonment. For all degrees of felony assault convictions, a person could also face a $10,000 fine.
- If you are convicted of assault as a Second-Degree Felony, the mandatory minimum is also two years. However, the maximum is 20 years in prison.
- A First-Degree Felony conviction could lead to life in prison, or a minimum of five and a maximum of 99 years of incarceration depending on the circumstances. However, the mandatory minimum is 25 years if you are convicted for aggravated sexual assault of a child.

### Other Consequences of an Assault Conviction

Restitution could also be part of your sentence if convicted of assault or aggravated assault in Texas. This form of punishment hits you financially, but it is separate from any fines, court costs, and fees. Restitution is reimbursing the victim for any losses resulting from the offense, such as medical care, psychological treatment, and counseling. In addition:

- You could be sued in civil court, another financial ramification.
- If you share custody of children and the assault involves domestic abuse, you could lose your parental rights.
- A conviction for felony assault could restrict your rights to vote, run for public office, and possess firearms.
- There can be collateral consequences for your employment, as well as business and professional licenses.

### Defenses and Tactics for Fighting the Charges

You certainly want to do all you can to avoid these harsh penalties, and there are numerous ways to fight the charges. One that will always apply in a criminal case is preventing the prosecutor from proving all essential elements of assault or aggravated assault beyond a reasonable doubt. For example, the government may not have sufficient evidence regarding state of mind. There can also be issues with proving:

- Bodily injury, which is pain, impairment of a bodily function, or harm like scrapes, abrasions, or bruises
- Serious bodily injury that requires surgery, hospitalization, or emergency care, such as broken bones, deep cuts, and head trauma

Additional defenses include:

- Self-defense, defense of others, and defense of property
- Mutual combatants involved in a physical altercation, such as a bar fight where both individuals are the assailants against each other
- The victim has an unreasonable, unrealistic belief that bodily harm was imminent
- There was no way the offender could know that the physical contact would be perceived as offensive or provocative

### Other Strategies in Assault Cases

In an ideal world, you would have a defense that could result in a dismissal of assault or aggravated assault charges before trial. Another positive outcome is getting an acquittal at trial, either because the judge or jury finds that the prosecutor did not meet its burden.

The reality is that you might need to leverage other options for resolving the case. Plea bargaining could be an effective approach in some cases, and you have a prime opportunity to take advantage of the benefits when the prosecutor’s evidence is weak. It may be possible to:

- Take felony assault charges down to a misdemeanor assault crime
- Reduce a higher misdemeanor or felony down to a lower level
- Have some charges dropped when there are multiple felony assault and/or aggravated assault counts.

With all of these strategies, the applicable sentences for a conviction also drop. Plus, even if the charges remain the same, you could work out a plea deal for a lenient punishment. Note that most agreements will require you to plead guilty to assault or aggravated assault charges.

### How an Attorney Can Help

It is not enough to have solid defenses, strong strategies for fighting the charges, and/or a plan for working out the charges by plea bargain. These factors will not produce a positive outcome unless you get them properly before the court. You will also need assistance with the stages of the criminal process that all accused individuals will face. A Galveston assault defense lawyer can help by:

- Advising you during your arraignment, which is your first court appearance where the charges are announced and you will be required to enter a plea
- Assisting with arrangements for bond and your pretrial release pending the trial date
- Appearing with you at all required court appearances
- Filing motions with regards to evidence and dismissing the charges
- Deposing the alleged victim and any witnesses to the claims of assault and aggravated assault
- Defending your rights at trial, including making oral arguments, questioning witnesses, and presenting evidence
- Helping with your sentencing hearing

## Consult with Our Galveston Assault Defense Lawyers to Learn More

Your situation may seem grim if you were recently charged with assault or aggravated assault, but always remember that an arrest is not a conviction. There are defenses and strategies for exposing weaknesses in the government’s case, which could lead to a dismissal, acquittal at trial, or other favorable outcome.

Our team is dedicated to pursuing all available options for resolving the charges, so please contact criminal defense attorney Mark Diaz right away to discuss your case. We serve clients in Greater Houston and throughout Galveston County in a range of criminal matters, so we will fight allegations of assault and aggravated assault. You can call 409-515-6170 to schedule a free consultation with a [Galveston County assault defense attorney](/landing-form/).

**Categories:** Assault Defense Attorney

---

### [How Serious Are White Collar Crimes in Galveston County?](https://texascriminaljustice.com/how-serious-are-white-collar-crimes-in-galveston-county/)

**Published:** September 19, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![white collar crime](https://texascriminaljustice.com/wp-content/uploads/2022/09/Diaz-4-How-Serious-Are-White-Collar-Crimes-In-Galveston-County_September-2022.jpg "white collar crime")You can search all you want in the Texas Penal Code for information on what constitutes a white-collar crime, but your efforts will be for naught if you use this terminology. There are no provisions that mention the schemes that are commonly associated with high-up executives and business leaders, which is where the phrase originates. [According to the FBI](https://www.fbi.gov/about/faqs/what-is-white-collar-crime-and-how-is-the-fbi-combating-it), officials coined the term in 1939, generally referring to non-violent, financial offenses associated with misconduct by corporate and government professionals.

Therefore, since Texas laws do not specifically cover them, it is difficult to understand the severity of white-collar crimes in Galveston County. It helps to know that the charges usually stem from a combination of theft, fraud, and corruption, all of which are serious offenses. Plus, white-collar crimes are often charged as felonies, which involve hefty fines and longer prison terms compared to misdemeanors.

To fully understand how serious they are, you should consult with a [Galveston County white-collar crime attorney](/white-collar-crimes/) who can assess your circumstances and advise you on defense options. Still, an overview should put things into perspective.

## Theft And Fraud Are the Foundation Of White-Collar Crimes

In truth, there really is no need for there to be a separate category or definition of white-collar crime under state law. The Texas Penal Code includes multiple provisions on:

- **Theft**: This aspect of a white-collar crime covers the unlawful misappropriation of property or other items of value with the intent to deprive the owner of its use. Theft does not necessarily involve the use of deception, so the crime could be taking place right in front of the victim.
- **Fraud**: When someone intentionally uses misrepresentations, false statements, and deceit to gain something of value, the charges could involve fraud. The key with these cases is that the deception induces the victim to part with money or property, acting on the reliance on the dishonest information.
- **Corruption**: white-collar crimes may involve public officials or private individuals in positions of influence within a company. Bribery and corruption charges stem from someone offering or agreeing to provide a benefit, which would be in exchange for favorable treatment from the official.

### Common White Collar Crimes

If you take a closer look at how theft, fraud, and corruption laws operate in the context of white-collar crimes, you can see how the most common schemes develop. They include:

- Bankruptcy Fraud: A debtor may be tempted to hide real estate and personal property when going through bankruptcy proceedings, so they do not lose them through liquidation.
- Corporate Fraud: This white-collar crime encompasses schemes to falsify financial statements, insider trading, and workers’ compensation fraud.
- Embezzlement: A common white-collar crime involves very unique circumstances because the person who ultimately misappropriated the property did exercise legal control over it at some point. An example is where an employee is entrusted to deposit petty cash, but he or she takes it instead.
- Identity Fraud: Credit card theft, using someone else’s information to get credit, and stealing a Social Security number are all criminal offenses.

Other examples of white-collar crimes include health care fraud, money laundering, bribery, tax evasion, and mail and wire fraud.

### How Police Investigations Cross the Line

Fundamental constitutional protections require officers to have a warrant supported by probable cause to arrest someone for any criminal offense. This standard requires evidence, and a judge will assess whether the proof meets the relevant standard. Plus, though it is the prosecution that actually pursues the charges, police also strive to gather as much evidence as they can to support the government’s burden: Proof of guilt beyond a reasonable doubt.

In their efforts to gather evidence for a white-collar crime case, police are notorious for crossing the line and violating a suspect’s civil rights. Under the Fourth Amendment to the US Constitution and parallel provisions in the Texas Constitution, it is illegal for officers to conduct a search without a warrant supported by probable cause. They could violate your rights by:

- Illegally accessing online profiles, computer equipment, and telecommunications networks;
- Requesting bank account information and details regarding financial transactions; and,
- Going through your US mail and phone records.

### Defenses In White Collar Crime Cases

Police misconduct is often a crucial defense in these cases and developing a strategy around it carries significant benefits for you. If you were subjected to an unlawful search and seizure in violation of your Fourth Amendment rights, all evidence resulting from the misconduct must be tossed out of court. Without this information, the prosecutor may not be able to meet its burden to prove guilt beyond a reasonable doubt.

Other defenses may include:

- Mistake or lack of knowledge with respect to the nature of the misappropriated property
- Entrapment, such as when law enforcement officials encourage you to commit a white-collar crime just to make an arrest
- The perpetrator made statements that he or she believed were true
- Mistaken identity

### Other Strategies for Fighting The Charges

Not all tactics will result in a complete dismissal or acquittal, but it may be possible to avoid the harshest punishment in a white-collar crime case. These matters are unique in several respects:

- Many perpetrators have never had an encounter with law enforcement.
- The offenses are not violent, so the threat to public safety is minimal.
- White collar crimes charges usually come by grand jury indictment after an exhaustive investigation by officials.

Because of these factors, prosecutors are often willing to work out white-collar crimes via plea bargaining or other arrangements. In some cases, the government may agree to not file charges if the individual pays restitution.

### Punishment For White-Collar Crimes Convictions

A look at the severe penalties for a white-collar crime conviction should convince you of the importance of developing a solid defense strategy. Sentencing depends upon the specific charges – which in turn vary according to the type of misconduct, the victims who were defrauded, and the value of the misappropriated property. For instance:

- White collar crimes that are charged as misdemeanors will usually result in a jail sentence of less than one year. The judge could order a fine from $2,000 to $4,000.
- For a State Jail Felony, your sentence may be 180 days to two years of incarceration.
- A Third-Degree Felony is punishable by two to 10 years in prison.
- The mandatory minimum for a Second-Degree Felony is also two years, but a judge could order up to 20 years for a conviction.

For all felony convictions, a court could impose a fine of up to $10,000.

If convicted of any white-collar crime, restitution will probably be part of your sentence, as well. You could be ordered to pay victims back for the loss of value in the property that was misappropriated, plus interest.

### Why Legal Representation Is Critical

The penalties described above should convince you of the reasons retaining a Galveston County white-collar crime attorney must be a priority. However, there are many additional reasons you need a defense lawyer at your side throughout the criminal process.

- Your first court appearance is your arraignment, where the judge reads the specific white-collar crimes, and you are required to enter a plea. This is also a key point for arranging bail, enabling you to be on a regular schedule pending your trial date.
- The defenses mentioned above will only come to the court’s attention if you raise them. You will need to do so via motions, which are requests that the judge take an action or make a decision. In white-collar crime cases, motions may involve excluding evidence, compelling evidence from the government, and dismissing the charges.
- Financial analysts and forensic experts play a powerful role in your defense in a white-collar crime case. Your attorney will work closely with these professionals in developing strategies.
- Plea bargains and out-of-court settlements are possible in white-collar crime cases, but you must fully understand the implications before moving forward on a deal.
- Litigation is complicated and involves many stages, including discovery of documents. Your lawyer will take care of strategy, including opening and closing arguments, questioning witnesses, and presenting evidence in your favor.

## Call Now To Speak To A Galveston County White Collar Crime Attorney

This information points out the serious nature of white-collar crimes in Galveston County, but it should also convince you that retaining skilled legal counsel is a priority. Though the charges are severe, defenses and other strategies may lead to a favorable outcome. Without a lawyer, however, you are at a disadvantage in leveraging them.

To learn how our team supports your legal needs, please contact Galveston County white-collar crime attorney Mark Diaz. We are ready to pursue all tactics for fighting white-collar crimes, as criminal defense is the primary focus at our firm. You can call 409-515-6170 to set up a free consultation with one of our [Galveston County criminal defense attorneys](/landing-form/). Our firm serves clients in Greater Houston and throughout Galveston County, and we look forward to working with you.

**Categories:** White Collar Crime

**Tags:** white collar crime

---

### [How Likely is Cannabis Decriminalization in Texas?](https://texascriminaljustice.com/how-likely-is-cannabis-decriminalization-in-texas/)

**Published:** September 27, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![cannabis legalization](https://texascriminaljustice.com/wp-content/uploads/2022/09/Diaz-1-How-Likely-Is-Cannabis-Decriminalization-In-Texas_October-2022.jpg "cannabis legalization")It is a loaded question that is fraught with controversy. Still, more people than ever are asking if Texas cannabis laws will change as a result of national trends toward decriminalization. [Data collected by the University of Texas](https://www.uttyler.edu/politicalscience/files/dmn-uttyler-may2022.pdf) reveals that voters advocate for a reduction in the severity of pot-related crimes.

In a survey, 83% of respondents were in favor of legalizing marijuana for medical use, while 60% supported relaxing the laws for [recreational use of cannabis](/recreational-use-of-cannabis-is-illegal-in-texas/). If and when they do consider whether to decriminalize pot, lawmakers will carefully weigh the pros and cons.

Opponents assert that easing cannabis laws will increase societal costs stemming from higher addiction rates, drugged driving accidents, and second-hand smoke implications. There is also some evidence showing that there will be heightened levels of pot use by teens.

Proponents of marijuana decriminalization point out the economic boost and increased tax revenues in the states that allow recreational use. Plus, when marijuana is regulated, it is safer for the end user.

The debate on the likelihood of cannabis decriminalization in Texas continues, and state lawmakers frequently address bills via committee. However, there are no changes in the near future regarding amendments to existing laws. Therefore, the statutes are still strict and impose harsh punishments if you are convicted. Getting in touch with a [Galveston County drug possession lawyer](/drug-possession/) should be a priority for those facing cannabis possession charges, but some information on the laws is useful.

## Current State of Texas Cannabis Laws In 2022

The nature of a drug offense is a combination of how the controlled substance is classified by state law, the amount of the drug, and the unlawful conduct related to it. There are four types of marijuana crimes in Texas:

- Possession means having control, use, custody, and management over marijuana. If the drugs are in a pocket or otherwise on your person, you are in actual possession. However, you could still face charges if you have constructive possession. Examples include marijuana in a bag, the glove box of your car, or even in the trunk.
- Delivery is the term Texas laws use for selling pot or trafficking in large amounts of marijuana. It is unlawful to transfer, give, exchange, or engage in other transactions involving pot.
- Manufacturing refers to any aspect of producing, storing, processing, or packaging a controlled substance. Cultivation is also against the law, which is the basis for many pot manufacturing arrests.
- Possession of drug paraphernalia is not specific to cannabis laws, but these charges often accompany an arrest for possession, trafficking, or cultivating pot.

While other drugs are classified into Penalty Groups under the Texas Controlled Substances Act, marijuana is not included in these categories. Marihuana, as it is spelled in the statute, is subject to a specific treatment.

### Additional Facts About Marijuana Crimes

In the context of relaxing cannabis laws in Texas, one important fact to note is the distinction between decriminalization and legalization. To decriminalize an offense is to take it down a notch in terms of severity, such as reducing it from a felony to a misdemeanor – or lower-level offense within these categories. Another example of decriminalizing is reducing the penalties. Legalization is making a criminal offense no longer illegal.

Plus, some specific points are useful for gaining insight into Texas pot laws:

- Individuals with qualifying conditions and a proper prescription may use medical marijuana, but the statute is extremely restrictive. Only products with low levels of THC are allowed.
- As with other drug crimes, the charges are more serious when the activity occurs in a drug-free zone or involves a minor.
- Though not technically decriminalization of pot, officials in Austin, TX recently passed a resolution that affects enforcement. They will no longer arrest or ticket individuals for possession of small amounts of marijuana.
- If police search you and find a pipe that contains residue of cannabis, you could face charges for possession of drug paraphernalia AND marijuana possession.

### Penalties for Cannabis Offenses

The above information is useful for understanding the crimes, but you will certainly want to know what sentencing you face if you are convicted of violating Texas marijuana laws. The starting point for penalties in these cases is how the charges are classified:

- If convicted for a Class B Misdemeanor like possession of under 2 ounces, a judge could sentence you to 180 days in jail and a $2,000 fine.
- Possession of 2 to 4 ounces of cannabis is a Class A Misdemeanor. Your sentence may include one year of incarceration and a maximum fine of $4,000.
- Selling .25 ounce to 5 pounds of marijuana is a State Jail Felony. If convicted, the court may order 180 days to two years imprisonment.
- You could be charged with a Third Degree Felony for possession of 5 to 50 pounds of marijuana. A conviction may lead to a mandatory minimum prison sentence of two years, though a judge could order up to 10 years.
- Sales of 5 to 50 pounds of cannabis is a Second Degree Felony that is also punishable by a mandatory minimum of two years imprisonment. However, the maximum sentence is 20 years.
- Trafficking in cannabis involving 50 to 2,000 pounds is a First Degree Felony in Texas. The mandatory minimum sentence is five years in prison, and a judge may sentence you to a maximum of 99 years in prison.

### Existing Federal Law on Marijuana

No discussion of decriminalization would be complete without pointing out how federal statutes apply to pot possession, trafficking, and manufacturing. Cannabis is still a Schedule I drug under the Federal Controlled Substances Act, which means it has a high potential for abuse and no accepted use in medicine.

In certain cases, federal law takes precedence over Texas statutes. You might be charged with violating a federal statute or committing a drug offense on federal property, or other circumstances that would lead US government officials to arrest you. The penalties can be harsher than those under Texas statutes. For instance:

- Possession of any amount of marijuana is a misdemeanor punishable by one year in jail and a $1,000 fine. A second offense means up to three years of incarceration and a maximum fine of $5,000.
- If convicted of selling cannabis weighing 5 to 99 kilograms, you could be sentenced to 20 years in prison and a fine of up to $1 million.
- It is a felony to cultivate marijuana, and the US statute uses the number of plants as a measurement. For a conviction for cultivating pot plants in an amount of 1,000 or more, you face 10 years to life in prison.

### Defenses and Strategies in Drug Crimes Cases

Certain cannabis offenses may indeed seem minor because they involve minimum or no jail time. You might be tempted to plead guilty and accept the punishment. However, keep in mind that a conviction for a drug offense goes on your record. On the other extreme, some marijuana crimes are felonies with long prison terms and hefty fines. For these reasons, a solid defense strategy is mandatory. Options include:

- Factual defenses, such as disproving allegations of constructive possession
- Defenses based upon violations of your constitutional rights, including unlawful search and seizure
- Entrapment by law enforcement or government officials

Always remember that the prosecutor must prove guilt beyond a reasonable doubt for any criminal case, including drug offenses. When the evidence is weak or other factors apply, there may be another option for resolving the case: The government may be willing to negotiate a plea bargain for reduced charges, lenient punishment, or both.

### Steps in the Legal Process

While you can count on your Galveston County drug possession lawyer to assist with all essential tasks, you may benefit from knowing the basic process of a criminal case.

- Arraignment is your first appearance in court, where the official charges are read and you enter a plea. You will also have the opportunity to arrange bail for your pretrial release.
- Pretrial activities include court appearances, status conferences, and discovery to obtain all evidence in the prosecution’s possession.
- During pretrial, your lawyer will also pursue all motions in your favor. A motion to dismiss the charges may be appropriate when police obtained evidence through an illegal search.
- The court will schedule a trial, during which the prosecution will go first to prove its case. Your attorney will fight the allegations and defend the charges, by presenting evidence, testimony, and arguments in your favor.

## Discuss Defense Strategies With Our Galveston County Drug Possession Lawyer

Activists on both sides of the question will continue to focus on decriminalization under Texas cannabis laws, but those facing marijuana charges have more pressing concerns. It is critical to retain skilled legal counsel from the moment you are under investigation or arrest.

Criminal defense attorney Mark Diaz has extensive experience fighting for the rights of clients in Greater Houston and throughout Galveston County, including those charged with drug crimes. Please call our firm today at 409-515-6170 to set up a free consultation with our [Galveston County drug possession defense lawyer](/drug-possession/).

Mark Diaz & Associates is a [Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to [Tiki Island](https://villageoftikiisland.gov/), [Jamaica Beach](http://www.ci.jamaicabeach.tx.us/), [Texas City](https://www.texascitytx.gov/), [League City](https://www.leaguecitytx.gov/), [Alvin](https://www.alvin-tx.gov/), Algoa, [Santa Fe](https://www.ci.santa-fe.tx.us/), [Hitchcock](https://www.cityofhitchcock.org/), [La Marque](https://www.ci.la-marque.tx.us/), [Bayou Vista](https://bayouvista.us/), Bacliff, San Leon, [Dickinson](https://www.ci.dickinson.tx.us/), [Kemah](https://www.kemahtx.gov/), [Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/), [Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and [Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Drug Possession Lawyer

**Tags:** cannabis

---

### [Aggravated Assault With Deadly Weapon Against Federal Agents](https://texascriminaljustice.com/aggravated-assault-with-deadly-weapon-against-federal-agents/)

**Published:** October 3, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Aggravated Assault](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-2-Aggravated-Assault-With-Deadly-Weapon-Against-Federal-Agents._October-2022.jpg "Aggravated Assault")Even if you do not have a legal background, there are some points of criminal law that are pretty straightforward and obvious when it comes to whether certain acts are a violation of the law or not. As such, the following information about aggravated assault with a deadly weapon against a federal agent may not come as a shock:

- Violations of federal statutes are typically more severe and lead to harsher punishment as compared to state law.
- When the victim of aggravated assault is an employee of the US government and/or any of its agencies, the charges will be extremely serious.

[Reports on *Crime in the United States*](https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/aggravated-assault) indicate that around 821,000 people are arrested for aggravated assault with a deadly weapon every year. The majority of these offenses do not involve a federal agent, but the circumstances are extremely serious for the percentage that do. The offense is a felony in most cases, and US prosecutors will typically seek something close to the highest punishment as authorized by the law.

If you were charged with aggravated assault on a federal agent, retaining a [Galveston County federal criminal defense lawyer](/federal-criminal-defense/) is a top priority. An overview of the crime, defenses, and other strategies for obtaining a positive outcome is also helpful.

## Overview of Aggravated Assault Offenses

You will be in a better position to understand the severity of the charges when you know the basics of how the specific assault crimes work. Simple assault is the use of force or violence to cause injuries to someone else. It may include threats when there is a present intent and ability to commit an act of violence. Therefore, simple assault may or may not involve harm to the victim, but the offense is charged the same.

Aggravated assault is an assault in which:

- The defendant used a dangerous weapon with the intent to cause bodily injury, instead of merely threatening with it
- The act caused serious bodily injury to the victim
- The crime involved strangulation, choking, or suffocating the victim

Aggravated assault of a federal agent is when the offense is committed against an employee or official as designated by law. It may turn into an assault while you resist, oppose, impede, intimidate, or interfere with these individuals when they are performing their official duties.

### Application to Federal Agents and Employees

Aside from the elements of an assault case, you should also be aware of who could be a victim of criminal misconduct. The federal government encompasses hundreds of agencies and subdivisions falling under the three branches. All officers and employees are covered by the laws.

Your encounters with officials from a wide range of federal agencies could lead to criminal charges, including agents from:

- FBI
- TSA and airport security
- Federal judges, court officials, and bailiffs
- Drug Enforcement Agency
- Alcohol, Tobacco, and Firearms
- The Internal Revenue Service
- Medicaid and Medicare
- Social Security Administration
- US Attorney General’s Office
- Federal correctional officers

### Classification of Assault Crimes and Sentencing

Being a federal crime, assaulting a government agent is covered by federal court opinions, laws in the US Code, and court procedural rules. An important aspect of these cases is that the federal sentencing guidelines apply. In short, the guidelines work from the base offense, along with a review of the defendant’s criminal history, and aggravating and mitigating circumstances.

The penalties for assault offenses involving government officials are based upon the severity of the crime.

- Simple assault against a federal agent listed above is punishable by up to a year in prison and fines up to $100,000, but only if the offense did not involve physical contact. As mentioned, threats alone may be sufficient to lead to assault charges. You could be arrested for verbal comments, taunting, gestures, and other acts that indicate the intent and ability to mount an assault.
- When simple assault does involve physical contact with the victim OR the intent to commit another felony, the penalties increase.
- By law, if you make physical contact with a federal officer and you did so with the intent to commit another felony (regardless of whether there is actual bodily injury or not), then this is classified as a serious assault. Assuming there was no deadly weapon used, this is a felony punishable by up to eight years in prison and fines up to $250,000.
- Serious assault with a deadly weapon or when serious bodily injury is caused is the most serious type of assault against a federal officer. This occurs when you make physical contact with the officer and do so with a deadly weapon or cause serious bodily injury to the officer in the process. Serious assault with a deadly weapon is classified as a Class C felony punishable by up to 20 years in prison and fines up to $250,000.

### Collateral Consequences for Criminal Cases

The punishment for a conviction on aggravated assault charges is harsh, but some ramifications might surprise you. Collateral consequences are the legal disabilities and financial implications that stem from a criminal case.

Records regarding an arrest and conviction for the most part remain a part of your criminal history indefinitely. This information will show up whenever you are subject to a background check. In some situations, you may be required to disclose your criminal history under penalty of perjury.

If you are convicted of aggravated assault with a deadly weapon against a federal agent, there will be a felony on your record. The offense is also considered a violent crime. These details could impact your life in several ways:

- You might have difficulties with employment or be disqualified for a professional license.
- If you have an existing professional or business license, it could be suspended or revoked.
- You could be ineligible for certain loans or it may impact your ability to obtain housing.
- A conviction for a violent crime could affect child custody and your rights as a parent.
- You may not qualify for public benefits.
- You cannot vote in elections or hold public office until your rights are restored.

### Options for Defending Aggravated Assault Charges

One solid strategy for fighting assault allegations is meticulously picking apart the government’s case. The prosecutor must establish each of the elements of assault, plus all factors for aggravated assault. The government must prove all elements of the offense charged beyond a reasonable doubt to get a conviction. This is the highest-burden there is under United States law; simply one reasonable doubt as to one of the required elements may result in an acquittal.

The law on assaulting a federal agent is strict and there isn’t much latitude granted under the law by way of defenses. Even so, that doesn’t mean defenses don’t exist and the charges can’t be fought by your criminal defense attorney. Some common legal defenses on these charges can include:

- Lack of intent
- Possible self-defense or defense of others
- Duress

However, in many aggravated assault cases, a complete defense is not possible. Fortunately, you can still pursue other alternatives for resolving the charges. In a case where the prosecutor’s evidence is weak, you may be able to negotiate a plea agreement. You will have to plead guilty to the charges, which means you may not be able to avoid collateral consequences. Still, a reduced sentence is an advantage.

### Timeline of a Federal Criminal Case

To put things into perspective as to when defense strategies are important, a description of the criminal process is useful. Your Galveston County federal criminal defense lawyer will take advantage of all opportunities at each stage:

- Arraignment: This is your first court appearance, during which the judge will read the official charges and you will be asked to enter a plea. Another important part of the arraignment is arrangements for pretrial release. You may qualify to remain out of jail until trial, which enables you to work closely with your attorney on defense strategies.
- Pretrial Court Hearings: There may be several hearings throughout the criminal process, often involving evidence. Your defense lawyer will work to keep illegally obtained evidence out of court and will seek all information the prosecution intends to use at trial.
- Motions: When you want the court to grant a specific request, you must raise it by motion. If you have defenses, your attorney will file motions to support your case when applicable.
- Trial: The court will set a trial, during which the prosecution will present all evidence for the government. Your lawyer will cross-examine all witnesses for the prosecutor, question witnesses for your side, if any, and introduce evidence for your defense.
- Sentencing Hearing: If you are convicted, there is still an opportunity to make a positive impact on your case and convince the judge to be lenient.

## Call Now to Speak to a Galveston County Federal Criminal Defense Lawyer

As you can see, getting arrested for aggravated assault with a deadly weapon against federal agents is a serious matter. Defenses may be available, but timing is everything when it comes to presenting them in court. You put your rights at risk if you do not have experienced legal representation on your side.

To learn how our team supports your needs, please contact criminal defense attorney Mark Diaz. Our firm serves clients in Greater Houston, Galveston County, and the surrounding region, so we can meet with you to discuss strategy. You can schedule a no-cost consultation with our [Galveston County federal criminal defense lawyer](/landing-form/) by calling 409-515-6170.

Mark Diaz & Associates is a [Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties, including but not limited to, [Tiki Island](https://villageoftikiisland.gov/), [Jamaica Beach](http://www.ci.jamaicabeach.tx.us/), [Texas City](https://www.texascitytx.gov/), [League City](https://www.leaguecitytx.gov/), Algoa, [Santa Fe](https://www.ci.santa-fe.tx.us/), [Hitchcock](https://www.cityofhitchcock.org/), [La Marque](https://www.ci.la-marque.tx.us/), [Bayou Vista](https://bayouvista.us/), Bacliff, San Leon, [Dickinson](https://www.ci.dickinson.tx.us/), [Kemah](https://www.kemahtx.gov/), [Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/), [Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and [Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Federal Criminal Defense Lawyer

**Tags:** aggravated assault

---

### [What to Never Do if Pulled Over for DWI](https://texascriminaljustice.com/what-to-never-do-if-pulled-over-for-dwi/)

**Published:** October 10, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-3-What-To-Never-Do-If-Pulled-Over-For-DWI._October-2022.jpg "DWI")Of all possible crimes that could lead to an arrest, people are probably most familiar with drunk driving laws. In fact, at around 72,000 arrests every year, violations of the Texas statute on [Driving While Intoxicated](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#49.04) (DWI) are one of the most common reasons individuals face criminal charges. What you may not realize about the laws is that there are two ways that you could be charged with DWI:

- You have a blood alcohol concentration (BAC) that qualifies you as being intoxicated. In Texas, like all other US states, the legal limit is .08 BAC as measured by a blood, urine, or breathalyzer test.
- Police arrest you because you are intoxicated under the statutory definition, i.e., you do not have normal use of your mental faculties and physical capabilities because of the consumption of alcohol or controlled substance.

Knowing that there are two ways you could be arrested, you can see that what you do when stopped by police is critical. You are in a position to protect your rights by handling the encounter wisely. Plus, you support the efforts of your [LaMarque DWI attorneys](/dwi-charges/) when you follow a few tips during a drunk driving roadside stop.

## Things Not To Do When Pulled Over For DWI

Everything you do and say can get you into trouble when you see the flashing lights of a police car behind you. Some issues are within your control, so make sure to keep these points in mind:

- Do not give in to the temptation to flee or attempt to outrun the police. Officers will reach you eventually and the criminal charges will add up.
- Avoid making erratic moves or illegal lane changes as you move toward the shoulder of the road. These are traffic violations that could add to your legal woes.
- Do not hesitate to start collecting the important documents the officer will request. Grab your driver’s license, vehicle registration, and insurance details, and have these ready to hand to the police.
- Never answer questions about where you were going to or coming from, as well as other inquiries regarding your activities. The information could tip off police about locations or events where drinking alcohol is common.
- Never answer the question “On a scale of 0-10, how intoxicated are you?”, it is a trick question and there is no good answer.
- Decline to do a breathalyzer test in the field, as these portable devices are notoriously inaccurate.
- Under no circumstances should you ever resist arrest, either through offensive language, gestures, or physical contact. You could be arrested for assaulting a police officer, a Third Degree Felony.

### What You SHOULD Do When Stopped for Drunk Driving

There are some ways you can support your case when officers pull you over for DWI. Aside from avoiding the mistakes mentioned above, the most critical tip is to be polite and respectful during the encounter with the police. You will never hurt your case by being courteous, and you may even get through the experience with minimal consequences.

However, being civil will only get you so far when pulled over for a DWI. Additional To-Dos include:

- Exercise your right to remain silent when questioned by police. You can confirm your driver’s license and insurance details, but do not volunteer other information.
- Carefully consider the penalties and legal implications if you refuse to blow. Under the Texas implied consent law, your driver’s license could be suspended for up to 180 days. However, the statute only takes effect if you are already under arrest.
- Use caution if officers ask you to perform field sobriety tests. You can refuse to take them, but keep in mind that you DO need to step out of the vehicle if the police request.
- If you are charged with DWI, exercise another important constitutional right: Your right to legal counsel. Get in touch with a drunk driving defense lawyer immediately.

### Additional Tips For a Texas DWI Case

Cases move relatively quickly after being charged with drunk driving, and there are deadlines to meet, defense strategies to develop, and tasks to manage. You can count on your attorney to deal with legal issues, but note a few recommendations in the days and weeks following an arrest.

- If you head to court for arraignment before you retain counsel, make sure to [plead not guilty to DWI](/how-a-dwi-guilty-plea-can-ruin-your-life/). You keep the door open for defenses and other opportunities.
- Arraignment is also an opportunity to make arrangements for bail and pretrial release. You should prepare for the costs involved, but the advantages of remaining free until your trial date are priceless.
- A potential suspension of your driving privileges does not occur on the date that you were arrested for drunk driving, even though police will take your license. Officers will provide you with documentation that allows you to legally drive temporarily.

However, it is essential to file a request for an Administrative License Revocation hearing to contest the actions involving your license. You must do so within 15 days after being arrested for DWI, at which point you will have the opportunity to present defenses.

## Two Proceedings for Drunk Driving Charges

Many motorists do not understand the nuances of DWI cases. Different proceedings can result from a DWI arrest.

- Administrative Proceedings: One aspect of a DWI case is handled by the Texas Department of Public Safety (DPS), and an administrative law judge presides over the proceedings. The government must show that your driver’s license should be suspended, but you will also get a chance to present evidence in your favor. If successful, you could get your license back right away.
- Criminal Charges: Because DWI is against the law, there is a second case that is a criminal proceeding. The government, represented by the prosecutor, must prove guilt beyond a reasonable doubt. The case is presided over by a criminal court judge, who may also be the finder of fact in a bench trial

### Penalties for Violating Texas DWI Laws

For a first-time conviction for drunk driving, you face Class B Misdemeanor charges. The mandatory minimum jail time is 72 hours, but a judge could sentence up to 180 days and a fine of $2,000. Your driver’s license will also be suspended for at least 90 days and up to one year.

Still, concerning both your driving privileges and sentence for a conviction, the penalties increase in severity for subsequent offenses.

- A second drunk driving conviction is a Class A Misdemeanor. The minimum jail term is 30 days, but you could be sentenced to a maximum of 12 months. DPS may suspend your driving privileges for 180 days to one year. Note that there is no lookback period in which a prior DWI conviction is not considered for purposes of subsequent cases. ANY previous case makes a person a multiple offender.
- For a third conviction on DWI charges, the case is a Third Degree Felony. At a minimum, the sentence will be two years in prison; the maximum term of imprisonment is 10 years. Plus, the judge could impose a fine of up to $10,000.

### Legal Help With DWI Defenses

Tips on what to do when pulled over for DWI may be helpful, but keep in mind that you still have defense options if you are ultimately arrested. One important opportunity will be attacking the prosecutor’s case-in-chief and preventing the government from meeting its burden of proof beyond a reasonable doubt. LaMarque DWI attorneys also pursue defense strategies on such grounds as:

- Police did not have a reasonable suspicion to pull you over or probable cause to arrest you.
- Officers did not advise you of your Miranda rights or the required statements regarding implied consent laws.
- There were issues with the urine, blood, or breath tests for BAC. For instance, a breathalyzer must comply with strict rules on maintenance, inspections, and calibration. The operator must have proper credentials to analyze the results, Any discrepancies could be a reason to toss the test results.

Even if you do not have a complete defense, you may qualify for other legal options for resolving DWI charges. Examples include probation, deferred adjudication, and related programs for first-time offenders.

A DWI defense attorney is essential for identifying opportunities, gathering evidence, and handling pretrial matters. Some defenses can only be raised by motion, a complicated process involving briefs and a hearing. At trial, a drunk driving lawyer will present evidence, witnesses, and arguments in your favor.

**Consult With Our LaMarque DWI Attorneys About Defense Strategies**

You can see that there are numerous things you should never do if pulled over for DWI, but there are also many tasks that you can undertake to support your rights. Retaining experienced legal counsel is a crucial first step, and it is smart to do so early to leverage defense options.

To learn how our team can assist with your drunk driving case, please contact criminal defense attorney Mark Diaz. You can call 409-515-6170 to schedule a complimentary case assessment with our [LaMarque DWI defense lawyer](/dwi-charges/). Our office serves Greater Houston, Galveston County, and the surrounding region, so we are ready to fight for your rights.

Mark Diaz & Associates is a [Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to [Tiki Island](https://villageoftikiisland.gov/), [Jamaica Beach](http://www.ci.jamaicabeach.tx.us/), [Texas City](https://www.texascitytx.gov/), [League City](https://www.leaguecitytx.gov/), [Alvin](https://www.alvin-tx.gov/), Algoa, [Santa Fe](https://www.ci.santa-fe.tx.us/), [Hitchcock](https://www.cityofhitchcock.org/), [La Marque](https://www.ci.la-marque.tx.us/), [Bayou Vista](https://bayouvista.us/), Bacliff, San Leon, [Dickinson](https://www.ci.dickinson.tx.us/), [Kemah](https://www.kemahtx.gov/), [Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/), [Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and [Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** DWI Defense Lawyer

**Tags:** drunk driving, DWI

---

### [How a Family Violence Conviction in Texas Can Impact Your Life](https://texascriminaljustice.com/how-a-family-violence-conviction-in-texas-can-impact-your-life/)

**Published:** October 19, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![family violence](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-4-How-Family-Violence-Conviction-In-Texas-Can-Impact-Your-Life_October-2022.jpg "family violence")Texas criminal laws include special provisions for family violence, viewing assault, threats, and other attacks as being more serious when they involve individuals living in a domestic arrangement. Unlawful acts can lead to misdemeanor charges, but you could be arrested for a felony under certain circumstances. A conviction in any family violence case may lead to jail time, fines, and other consequences.

The nature of the domestic violence proceedings frequently results in accusers abusing the system, however. This puts you in an unfortunate position if you were arrested based upon false allegations. The [statistics on false accusations in these types of cases are revealing](http://www.prosecutorintegrity.org/pr/survey-over-20-million-have-been-falsely-accused-of-abuse/):

- Around 20.4 million Americans report being falsely accused of domestic violence, including child abuse and sexual assault.
- Of those alleged to have committed acts of family violence, 27% occurred in child custody disputes.
- False statements and perjury are a factor in a whopping 59% of all convictions for domestic violence.

There are certainly many offenders who face charges for legitimate reasons, but all individuals accused of domestic violence are entitled to their day in court. Besides contesting false allegations, there are other strategies for protecting your interests and your rights.

When you understand how a family violence conviction in Texas can impact your life, you realize that retaining a [Galveston family violence defense lawyer](/domestic-violence/) should be a priority.

### Important Family Violence Definitions and Terminology

Texas statutes include numerous terms that have very specific meanings, so it is important to define some of these terms.

***Family:*** Even this basic concept is described in the law, and it includes those related by marriage or blood. Family also covers:

- Parents who share a child, regardless of whether they are or were married
- Former spouses
- Foster parents and children

***Household:*** This term refers to people who live in the same home together, regardless of their relationship to one another. Meaning, if you live with a person and are not related to them, let’s say they are simply a roommate, this would be covered under this definition. It also covers people who were former members of a household.

***Family Violence:*** Acts by a member of the family or household against another may amount to family violence when the act is intended to:

- Cause physical harm or bodily injury;
- Sexually assault the other person;
- Threaten the other person to the point where they are in fear or imminent physical or bodily harm

In addition, assault is a form of family violence when they involve family or household members who are children, elderly adults, or disabled individuals. Dating violence may also be a crime when someone uses violence or threats against someone with whom they have or had a continuing romantic relationship.

### Texas Law on Domestic Violence Crimes

Threats, assault, and causing bodily injury are all criminal acts, and there are three basic forms of misconduct to break down here. In the context of family cases, it is against the law to intentionally or knowingly:

- Cause bodily injury to a family or household member
- Threaten a household or family member with bodily injury
- Cause physical contact with a household or family member, when the actor knows or should realize that the touching is offensive or provocative

All three examples above are penalized differently under the law based on the severity of the accusation and the facts of the specific case. These descriptions all presume there are no other aggravating factors that worsen the nature of the offense. Family violence cases can be charged as felonies, too. For instance:

- You could face Third-Degree Felony charges if you have a prior conviction for family violence, or if accused of strangulation (or choking) of the other person.
- It is a Second-Degree Felony when the defendant has a prior conviction for domestic violence and commits another offense that involves choking against a family or household member.

Aggravated assault is also applicable to family violence cases. A person could be arrested on these charges for causing serious bodily injury to someone or using a deadly weapon. When the victim is a family or household member in these circumstances, aggravated assault is a First-Degree Felony.

### Penalties for a Family Violence Conviction

At a minimum, the crime of simple assault of a family member will be a Class C Misdemeanor. A conviction could mean a fine of up to $500, and while there is no jail time assessed, this charge is not something you want to ignore. Being convicted once of family violence makes any future case a subsequent offense and subject to being charged with a felony. Based on the classifications described above, criminal punishment works as follows:

- ***Class A Misdemeanor:*** If convicted for an offense in this category, you could be sentenced up to one year in jail and up to a $4,000 fine.
- ***Third-Degree Felony:*** For a conviction on these charges, your punishment range is no less than 2 years in prison and no more than 10 years in prison, and a possible fine up to $10,000.
- ***Second-Degree Felony:*** For a conviction on these charges, your punishment range is no less than 2 years in prison and no more than 20 years in prison, and a possible fine up to $10,000.
- ***First-Degree Felony:*** For a conviction on these charges, your punishment range is no less than 5 years in prison and no more than 99 years in prison (or life), and a possible fine up to $10,000.

Surrounding circumstances in each individual case impacts the result as to where you fall within these punishment ranges.

### Civil Domestic Violence Cases

The main focus for many individuals is the criminal case, and understandably, your primary concern involves potential penalties for a conviction. However, you should also keep in mind that Texas family violence cases may also encompass a civil component: an order of protection.

Whenever someone is arrested for domestic violence, a magistrate’s order of emergency protection is almost always entered. The order directs you to cease communications and in-person contact with the accuser, and you most likely will be ordered to relocate from the home you two share together if you are living in the same household. The emergency restraining order is temporary and lapses after a certain amount of days, but the collateral consequences of having to comply with the order can be huge.

A restraining order or order of protection is considered a civil matter. It becomes another criminal matter if you violate the terms of the order, however. Violating a protective order is a Class A Misdemeanor punishable as described above.

### Collateral Consequences

Both the criminal side of a domestic violence case and the civil remedy of a restraining order carry significant collateral consequences. These are the ramifications that affect your life after the arrest alone and also after serving your sentence since criminal records are permanent. Your history will show up in a background check, and you may be legally required to disclose it in certain situations.

Therefore, a family violence conviction in Texas can impact your life in ways you did not expect. Here are a few collateral consequences to note:

- You may have difficulties finding or retaining employment.
- You could be prohibited from working in certain positions, including those involving children, the elderly, and vulnerable individuals.
- Any professional or business licenses you hold could be suspended or revoked.
- In divorce or family law cases, your parental rights may be affected. You might not maintain a role in child custody and could be required to engage in supervised visitation. Worse, you may be prevented from seeing your child temporarily or on a permanent basis in extreme situations.

### Fighting Allegations of Family Violence

This description of how a domestic violence case can affect your life may seem grim, but there are strategies for fighting domestic violence cases and false allegations. The critical point to remember is that the prosecutor must prove guilt beyond a reasonable doubt. Disproving the government’s case is crucial, and you may even have some of the most important evidence in your possession – your cell phone and maybe your online social media accounts. Defenses may also be present based on the facts of the case – such as alleging self-defense. It is also possible to leverage plea bargaining when the prosecution’s evidence is weak.

Working with a Texas family violence lawyer is essential for developing solid defense strategies and obtaining a positive outcome. You will need assistance at all stages of the criminal process, including:

- Pre-arrest investigations and interrogations by police
- Arraignment, your first court appearance where the charges are read and you enter a plea
- Arrangements for bond, so that you can remain free pending a trial date
- Pretrial proceedings, including motions to dismiss
- Court appearances and status conferences
- The trial for a domestic violence case, during which you present evidence and witness testimony to support your defense
- A sentencing hearing after a conviction is an important part of the process in which you convince the judge to assess punishment on the lower end of the punishment range rather than on the higher end

### Our Galveston Family Violence Defense Attorney Will Protect Your Rights

It is helpful to realize how a family violence conviction in Texas can impact your life, and this information should persuade you to consult with an experienced lawyer right away. Having legal counsel early on in the criminal process enables you to take advantage of all available defense opportunities.

To learn more about strategies for fighting family violence allegations, please contact criminal defense attorney Mark Diaz. Individuals in Greater Houston and throughout Galveston County can call 409-515-6170 to schedule a no-cost consultation with our skilled[ Galveston County domestic violence defense lawyer](/domestic-violence/).

Mark Diaz & Associates is a [Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to [Tiki Island](https://villageoftikiisland.gov/), [Jamaica Beach](http://www.ci.jamaicabeach.tx.us/), [Texas City](https://www.texascitytx.gov/), [League City](https://www.leaguecitytx.gov/), [Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/), [Hitchcock](https://www.cityofhitchcock.org/), [La Marque](https://www.ci.la-marque.tx.us/), [Bayou Vista](https://bayouvista.us/), Bacliff, San Leon, [Dickinson](https://www.ci.dickinson.tx.us/), [Kemah](https://www.kemahtx.gov/), [Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/), [Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and [Friendswood](https://www.ci.friendswood.tx.us/).

**Categories:** Family Violence Defense Lawyer

**Tags:** domestic violence

---

### [How Being On Sexual Offender Registry In Texas Can Impact Your Life](https://texascriminaljustice.com/how-being-on-sexual-offender-registry-in-texas-can-impact-your-life/)

**Published:** October 25, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![sexual offender](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-1.-How-Being-On-Sexual-Offender-Registry-In-Texas-Can-Impact-Your-Life_November-2022.jpg "sexual offender")Like many crimes, being convicted of a sex crime can get you jail time, fines, probation, and more, including being identified as a sexual offender. However, after a convicted sex offender gets out of prison, you will need to register with the local sex offender registry. Being on a sex offender registry has devastating consequences for your life. Therefore, it is best to avoid being convicted of such a severe charge if at all possible.

Below are some ways being on the sex offender registry in Texas can affect your life. You also will learn about other critical aspects of the Texas sex offender registry and sex crimes. In addition, if you have been charged with a sex crime, you must talk to a [Galveston County sex crime defense lawyer](/sexual-assault/) today.

## Texas Sex Offender Registration Program

The Texas Sex Offender Registration Program requires convicted sex offenders to register with the law enforcement agency in the community in which they reside. When you register with this database, there are three risk levels:

- Low risk offenders who pose a low risk of committing another crime
- Moderate risk offenders that pose a moderate risk of committing another crime
- High risk offenders that pose a serious risk of committing another crime

The database has the following information about the offender:

- Physical description
- Aliases
- Date of birth
- Contact address
- Level of risk
- Conviction details
- Photographs

However, the registry may not include your Social Security number, driver’s license information, phone number, or the address of your employer. This provides you with at least some level of privacy.

## Consequences Of Being On The Sexual Offender Registry

It does not matter why you were convicted of a sex offense. Once you have been convicted, you are named a sex offender. You must register and stay registered until a court states you can be removed. However, some sex offenders must be registered on the list for life.

Some of the severe consequences of being a registered sex offender are:

## Sexual Offender Registration Requirements

The original sex offender registry was created for use by federal law enforcement. Today, every state has a sex offender database to track registered offenders. So, whenever you want to move to another state, you must register in the database. Also, you are subject of the new state’s laws for registered offenders.

## Restrictions On Residency

Most states prevent you from living within a specified distance of places children gather, including parks, schools, playgrounds, and daycare centers. So, it can be challenging to obtain housing that fulfills these requirements.

## Restrictions On Where You Work

Texas limits where you can work if you are a registered sex offender. For example, you may not work in schools, spas and salons, clothing stores, and occupations where you are in a position of power.

## Losing Child Custody

No matter your sex crime conviction, your ex-partner can use your registration to prevent custody of your children. The argument is you are a danger to the child.

## Reductions In Privacy

The registry is designed to track where you are and what you are doing. So, it is difficult to have complete privacy ever again. For either 10 years or life, you will have to tell law enforcement where you live and much more about your life that you normally wouldn’t have to.

## Intolerance And Prejudice

When you are a registered sex offender, your friends, family, and neighbors may not want to have anything to do with you. Also, a 2005 study revealed that [20% of surveyed sex offenders](https://prospect.org/features/life-list/) had property damage because people retaliated against them. Some registered sex offenders have been assaulted, as well. In a few cases, murders have even been committed.

## Texas Sex Crime Definitions

There is no one definition of a sex crime in this state. In fact, sex offenses have unique definitions based on what type of sex offense it is classified as. See below for some of the sexual offenses and the respective definitions for Texas.

- Indecent exposure: Occurs when you expose your anus or part of the genitals with the intent to gratify the sexual desires of any person, and you are reckless about whether another person present will be alarmed or offended by the act.
- Public lewdness: This is when people have sex in a public location. Or, if you are not in public, you are reckless about whether anyone else is present and would be alarmed or offended.
- Online solicitation of a minor: This crime happens when someone using electronic media solicits a minor (younger than 17 years of age). Even if the meeting did not occur, you could still be convicted of this offense.
- Indecency with a child involves engaging in sexual contact with a child or causing the child to engage in sexual contact.
- Sexual assault of a child: This crime involves sexual penetration of a child.
- Sexual assault of an adult. This crime happens if you engage in sexual contact with an adult against their will.

## Types Of Texas Sex Offender Registration

Your sex offender registration can be for 10 years or life. If there was no sexual contact, you might have a 10-year requirement. However, where contact occurs involving a child, lifetime registration is almost always required.

If your sex offender registration requirement is ‘only’ 10 years, you may think you got off easy. However, this means 10 years after you complete your sentence. For example, if you get deferred adjudication for 10 years, you register as a sex offender as a deferment condition for the initial 10 years. When those 10 years are over, you still need to register for an additional 10 years.

## What Is The Necessary Verification For A Texas Registered Sex Offender?

Within seven days of arriving in the city or county in which you plan to reside, you must report to local law enforcement that you are there. When you do this initial reporting, a registration form will be handed to you to fill out. Within that form, you’ll be required to provide some detailed information about yourself including but not limited to, your name, your date of birth, your sex, race, a recent photograph will be taken, details of your offense, employment, aliases (if any), eye and hair color, height and weight, social media accounts, etc. Within a week of filling out this form, you will; have to return to the local law enforcement you initially reported to and prove your identity and your residence status. You’ll also be required to signed the verification form, likely.

## How Often Do You Need To Register

?

Most registered sex offenders only need to register annually, or once a year. However, some offenders are required to report every 90 days and this will be assessed based on your risk level and number of previous convictions you have.

## What Are The Requirements If You Take A Trip?

If you spend more than 48 consecutive hours on at least 3 occasions during any month somewhere, then the law requires you report yourself to that location’s local law enforcement, in addition to where you reside typically.

## How Does The Registry Affect Your Texas Driver’s License?

Registering as a sex offender means you must renew your license annually until your duty to register has expired.

## Can Your Name Ever Be Removed?

Deregistration from the sex offender registry is unlikely, but it is possible in Texas. You have to fall under a certain set of specifically laid out scenarios we will walk you through here. Articles 62.401 through 62.408 to the Texas Code of Criminal Procedure govern deregistration from the sex offender registry. First, a person may only be eligible for deregistration if they only have one reportable conviction or adjudication. Second, deregistration is only possible if their minimum registration length exceeds the minimum registration period under the federal law.

## Talk To A Galveston County Sex Crime Defense Lawyer Now

If you are charged or have been convicted of a sex crime in Texas, your life will be turned upside down. Once you get out of prison, you must register as a sex offender. Wherever you go, people will be able to find out about your past. Getting a job, going to school, and finding a place to live can become a nightmare. Fortunately, a Galveston County sex crime defense lawyer may be able to help.

Mark Diaz & Associates proudly serve Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. Contact one of our [Galveston County sex crime defense lawyers](/landing-form/) now at (409) 515-6170.

**Categories:** Sex Crime Defense Lawyer

**Tags:** Sexual Offender

---

### [How Violent Crimes Are Increasing In Texas](https://texascriminaljustice.com/how-violent-crimes-are-increasing-in-texas/)

**Published:** November 7, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![violent crime](https://texascriminaljustice.com/wp-content/uploads/2022/11/Diaz-3.-How-Violent-Crimes-Are-Increasing-In-Texas_November-2022.jpg "violent crime")[Murders roses at least 7% nationally](https://thetexan.news/homicides-in-texas-largest-cities-increase-in-2021-except-in-dallas/) in 2021, according to recent studies. In Texas, we have seen [similar increases in violent crime](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf) in many cities. For example, Austin had 88 murders in 2021, a 90% increase from 47 in 2020. Other Texas’ biggest cities saw surges in homicides and other violent crimes:

- San Antonio: 25% higher
- Houston: 17% higher
- Fort Worth: 9% higher

The only good news for 2021 was that Dallas saw a 13% drop in murders. Unfortunately, for 2022, there also is a continuing trend of rising violent crime. Below is more information about this troubling trend and related information. Remember to contact the [League City criminal defense lawyers](/) at Mark Diaz & Associates if you have been accused of a violent crime. It is vital to get started on a vigorous criminal defense strategy immediately.

## 2020 Crimes In Texas Report Shows Violent Crime Hotspots

The [2020 Crimes in Texas](https://www.texomashomepage.com/news/local-news/where-does-your-city-rank-violent-crimes-increase-in-texas-for-2020/) report is an excellent place to start, showing a marked rise in violent crimes in many Texas communities. These are the cities with the highest violent crime rates in 2020:

- Sugar Land: 55.99 violent crime rate
- McAllen: 85.05
- Frisco: 86.07
- Allen: 97.03
- Pearland: 99.02
- Carrolton: 112.88
- League City: 114.91
- Richardson: 127.22
- McKinney: 134.40
- Round Rock: 135.91

The report noted that the violent crime statistics included rape, murder, robbery, and aggravated assault. In addition, violent crimes in Texas rose by 10,000 occurrences in 2020 compared to 2019.

## Violent Criminal Activity Rises In Austin

In 2020 and 2021, Austin experienced extensive public policy and safety issues in the community and law enforcement agencies. That could be why the capital city saw such a spike in murders. Experts say the Austin Police Department has struggled with officer retirements, discontent, and a lack of support from city politicians.

Further, Austin PD’s response time to emergency calls is considered too high at eight minutes. As a result, the police department often operates with less than its 774 street officer positions. Police force attrition increased dramatically when the city [cut $150 million from the police budget](https://thetexan.news/150-million-austin-police-department-budget-cut-approved-by-city-council/) in 2020.

## Houston Seeing Record Homicides In 2022

Since January 2022, Houston has been at the top of the country in murders. The city has not had this many murders in decades. Houston Mayor Sylvester Turner said earlier this year that [‘violent crime is a public health crisis’](https://www.click2houston.com/news/investigates/2022/02/08/houston-homicide-numbers-continue-to-skyrocket-in-2022/) in his city.

As of Feb. 7, 2022, only Chicago led Houston for the number of homicides – 61 vs. 57. New York City and Los Angeles were far behind in third and fourth position.

A media investigation of the Houston Police Department’s homicide statistics for January found that 47 murders occurred in 20 zip codes. Criminal justice experts say bond and bail reform and the Harris County case backlog are significant reasons for more violent crime.

The Houston mayor recently released a 17-page plan to reduce violent crime in the city. The plan funds 125 more officers on Houston streets daily, including overtime.

Fort Worth Safe Violent Crime Strategy Started In April 2022

Fort Worth is another Texas city that has seen an unfortunate rise in murders and other violent crimes. In response, the Fort Worth Police Department (FWPD) launched the [Fort Worth Safe Violent Crime Strategy](https://www.fortworthtexas.gov/news/2022/8/pd-statement) in April.

As of late August 2022, the city saw a 5.5% drop in homicides and a 24% drop in non-lethal shootings. There also was a 22% drop in aggravated assaults. But there was a 2.5% rise in robberies, and the year-to-date homicide rate is still higher than last year.

## Some Concerned With Relaxed Texas Gun Laws

[As of Sept. 1, 2021](https://www.kxxv.com/news/in-depth/surge-in-violent-crime-in-texas-relaxed-gun-laws-has-central-texas-mother-concerned), most Texas citizens were allowed to carry a handgun in public without a concealed-carry permit. They also do not need to have gun safety or target training. Some Texas law enforcement officials say the lax gun laws could be responsible for the increase in violent crimes.

[HB 1927](https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1927) allows everyone in Texas who qualifies to carry a handgun without a permit. The qualifications are:

- Be 21 or older
- Not have a previous felony conviction
- Not have a recent conviction for some misdemeanors noted in Texas Penal Code Sections [46.02](http://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.02) and [46.04](http://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.04)
- Not be restricted from owning a gun per federal law

## Bail Reform Also May Be Contributing To Violent Crime Spike

However, other authorities say the problem is bail reform. [Douglas Griffith](https://spectrumlocalnews.com/tx/south-texas-el-paso/politics/2022/07/11/a-look-into-increasing-gun-violence-in-texas), President of the Houston Police Officers’ Union, argues that Harris County started releasing convicts in 2018 who were charged with misdemeanors with no bond. Griffith says that began the rise in felony crimes in Houston and the surrounding area.

Harris County Crime Stoppers reports that since 2018, felony defendants given bond murdered 177 people in the county. Griffith argues that when a violent offender gets a low bond and commits another violent crime with a gun, that suggests where the rise in crime is coming from.

He believes Harris County courts need to take away bonds for those charged with violent crimes. They should also issue arrest warrants and have them face justice. The official also said revoking bail would take dangerous criminals off Texas streets and reduce gun violence.

## What You Should Know If You Have Been Charged With A Violent Crime

There is little doubt there has been a spike in violent crimes across Texas in recent years. However, that does not mean everyone charged with a violent crime is guilty. So what should you do if you have been accused of a violent crime in Texas?

First, you should understand what is considered a violent crime in Texas:

- Any crime in the [Texas Penal Code](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.59.htm) or federal statute that causes a personal injury to the victim
- A crime that is not an offense in the Penal Code includes the operation of an aircraft, motor vehicle, or water vehicle that causes injury or death.

The most common Texas violent crimes are murder, kidnapping, assault, rape, manslaughter, and armed robbery. These crimes are felonies, so the penalties are more severe than misdemeanors.

In Texas, you can receive the death penalty for a murder conviction. Other punishments may be life in prison, probation, being put in the sex offender registry, and fines. You will also be unable to live the way you did before the felony conviction.

Convicted felons in Texas deal with constant stigma from friends, family, and society. As a result, you will have difficulty finding a job, going to school, and renting an apartment. That is why you should always speak to a criminal defense attorney as soon as possible.

## What Are Possible Defenses For A Violent Crime Charge?

In Texas, prosecutors must prove your guilt beyond a reasonable doubt. This means if the jury doubts your guilty, they must find you not guilty. Depending on the case circumstances, your attorney may use one or more of these defenses:

### Innocence

Being convicted of a violent crime in Texas requires the prosecutor to place you at the scene of the crime. There also must be overwhelming physical evidence. An experienced criminal defense attorney will work tirelessly to establish a credible alibi for your defense. For example, many attorneys call at least two eyewitnesses to the stand to verify your whereabouts when the crime happened.

Your attorney also may show the jury physical evidence that shows you could not have been at the crime scene. For example, some useful physical evidence includes video footage from work showing you were on the job when the alleged crime happened.

### Constitutional Issues

Your attorney might investigate if your 4th Amendment rights were violated during the arrest and questioning. This is the amendment that outlaws illegal searches and seizures. Legal counsel also will verify that you were read your Miranda Rights.

### Self-Defense

Self-defense can be used as a defense for some violent crimes. If you plead self-defense, you say you harmed or killed another person to defend yourself. However, claiming self-defense is much different from proving it in court. Your attorney will need to show an incredible risk of danger that justified your violent action.

Self-defense also can be applied to cases where you protect a friend or family member. It also can be used if you protect a stranger from harm. Using this defense requires tremendous skill and preparation by your criminal defense attorney.

## Speak To League City Criminal Defense Lawyers Today Lawyer Now

If you have been charged with a violent crime, it is essential to have excellent legal representation as soon as possible. Being convicted of a violent crime in Texas could mean years stuck in a hot, crowded prison, thousands in fines, and a permanent felony record. Mark Diaz is an experienced criminal defense attorney who has fought for Texans’ legal rights for over 20 years.

Mark Diaz & Associates represent people charged with violent crimes in League City, Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. Contact one of our [League City criminal defense lawyers](/landing-form/) at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** Violent Crime

---

### [Galveston Criminal Attorney Discusses Arrests During The Lone Star Rally](https://texascriminaljustice.com/galveston-criminal-attorney-discusses-arrests-during-the-lone-star-rally/)

**Published:** November 15, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Lone Star Rally](https://texascriminaljustice.com/wp-content/uploads/2022/11/lone-star-rally.jpg "Lone Star Rally")

### Lone Star Rally

I decided to do another Facebook Live this week. I have more of a local topic that we can discuss. A lot of people ask me questions about the [Lone Star Rally](https://lonestarrally.com/) and arrests, I don’t know if the city of Galveston has put out official numbers yet, but I know we were supposed to expect about half a million people and around 250,000 bikes on the island. I can tell you from driving around on Friday, it was pretty crowded on the island in terms of traffic.

I just wanted to look at arrests during the rally, which started on Thursday the third and went through Sunday. I went through some of the arrests, or all of the arrests, and tried to figure out some numbers. The easiest way for me to break it down was by looking at the arrests in the city of Galveston from the third to the sixth. ### Galveston Arrests Over Weekend

So that would be Thursday, Friday, Saturday, and Sunday, in the city of Galveston. It looks like we had 151 arrests. Now, for the same period in the entire county, we had 244. The bigger number was just in the city of Galveston, presumably because of all the people here on the island.

Then I looked through the arrests, and the majority of what I saw appeared to be alcohol-related offenses, including a whole lot of class C arrests for things like public intoxication. There was an arrest for the assault of a police officer.

That was Thursday here on the island so it’s hard to know, without knowing anything about the case, whether or not it was related to the event. Nothing else from Thursday, other than that one, stood out to me.

There were possession cases, and intoxication cases, but nothing that I would say had to do with the event, other than the fact that the numbers seem high for those days. On Thursday, county-wide, we had a total of 54 arrests. Friday picked up a little and we had 60.

Again, several [driving while intoxicated](/dwi-charges/) arrests. Then there were at least two people arrested on the strand for disorderly conduct. They were fighting, which is a misdemeanor. I would say that two people fighting on the strand were probably directly related to the rally.

There was an unlawful carrying of a weapon on the island. That may or may not have been from a traffic stop. There are some arrests that I can identify are not related to anything with the crowds. Here’s one arrest for bail jumping, that would have been something that someone had pending.

### Why Did Those Arrested Encounter Police

Now, why did they encounter the police? I can’t see just from the data. A parole board warrant, again that’s not going to be related to anyone visiting unless that’s the reason they encountered police in the first place. Then Saturday was our biggest day across the county, we had a total of 77 people arrested and right out of the gate, we’ve got several more DWIs. Here we have unlawful possession of a firearm by a felon.

Again, the question there is how did they encounter the police? Was it rally-related or not? We don’t know. So it played out kind of how I thought, we have a whole lot of stuff related to intoxication. There were also several assault cases, and the assaults tend to happen when people are drinking.

All in all, it didn’t seem to be that big of an event for police, although, for the city of Galveston to have 151 arrests in that short period means that local law enforcement was out and busy. In the paper this morning I saw we had three motorcyclists involved in fatal crashes. Only one on the island, I think two were on the freeway, with one person seriously injured.

### Other Incidents On Galveston Island

As far as deaths on the island, we only had one reported this morning. We had a couple of minors in possession of alcohol on the island. There was an arrest on the charge of unsafe start from a parked, stopped, or standing position. That was on [The Strand](https://www.visithoustontexas.com/listings/the-historic-strand-district/20109/) so I don’t know what that person did, but it was on the strand so it had to be rally-related.

We had two more people charged with disorderly conduct for fighting on the strand. Another person was arrested for unsafe start from a parked, stopped, or standing position on The Strand. For those of you that may not know, bikes line The Strand and then kind of just make a loop as everybody rides.

These people were doing something dangerous on The Strand on their motorcycles and got arrested. We have a public intoxication on the strand as well as 5+ more disorderly conduct fighting on the strand. All different people. So, I don’t know if it was one big fight or various fights. Can’t tell just from looking at the numbers.

Sunday, we got back down to a total of 53 arrests for the county. More public intoxication on the seawall, unlawful carrying of a weapon on Broadway, driving while intoxicated on Broadway, DWI on Broadway, and so on.

### Wrapping It Up

Nothing that we didn’t expect to see from what I can tell. As I suspected most of the law enforcement activity was aimed at people involved in alcohol-related offenses or the offenses we typically see related to the consumption of alcohol.

Law enforcement was very busy but the numbers don’t seem extremely high to me. When I said we’d had 151 arrests during that period, just for reference, the weekend before which was Halloween, Thursday to Sunday for the city of Galveston we had 111. 151 is not a huge increase from 111 but obviously, it is an increase.

I’ll start trying to do this more often when we have big traffic weekends just to see what the numbers do. I feel like years ago it used to be in the paper, but I haven’t seen it in there in a while. People always ask me after an event, or they call me during and ask how many people have been arrested. Thought I would do this live and give you all some of that information.

Mark Diaz & Associates represent people charged with a crime in Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. Contact one of our [Galveston County criminal defense lawyers](/landing-form/) now at 409-515-6170.

**Categories:** Local Events

**Tags:** Lone Star Rally

---

### [In What Cases Are Minors Charged As Adults In Texas?](https://texascriminaljustice.com/in-what-cases-are-minors-charged-as-adults/)

**Published:** November 21, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![charged as adult](https://texascriminaljustice.com/wp-content/uploads/2022/11/Diaz-4.-In-What-Cases-Are-Minors-Charged-As-Adults_November-2022.jpg "charged as adult")Can you be charged as an adult in Texas if you are under 18? The short answer is yes; approximately [4.5% of the country’s juvenile criminal offenders](https://www.childrensdefense.org/wp-content/uploads/2020/02/The-State-Of-Americas-Children-2020.pdf) in adult prisons are in Texas. A recent case involved a 16-year-old male in Houston accused of raping a mental health professional at a juvenile facility last year. The minor was later charged as an adult for assaulting a peace officer and aggravated sexual assault.

If you are concerned about you or your child being charged as an adult in Texas, below is critical information to be aware of. Speak to [Galveston criminal defense lawyers](/) at Mark Diaz & Associates if you have questions about a criminal case.

## How Many Minors Are In Adult Prisons?

Below are sobering statistics about the [number of minors in adult prisons](https://www.ojp.gov/pdffiles1/bja/182503.pdf) in the United States:

- The US Department of Justice recently found that 107,000 minors are incarcerated in the US every day.
- Of those, approximately 14,500 are in adult prisons. Approximately 9,100 are held in jails, and about 5,500 are put in adult prisons.
- Of all states, 44 have juveniles 17 and younger in adult prisons. In the past five years, the number of minors in adult prisons has risen across the country.
- Of the 44 states with juveniles in adult prisons, 18 have young offender housing units. Approximately 55% of the minor inmates in adult prisons are black.
- 51% of the juvenile offenders in adult prisons are in dormitories and 30% are in individual cells.

## Who Is Considered A Juvenile In Texas?

According to Texas law, children under 17 but older than 10 must be tried in a juvenile court. This is true for everything from Class C misdemeanors to first-degree murder. However, once the child is 17, they can be tried as adults.

When the child turns 18, they can no longer be tried in juvenile court. That said, the age restrictions in Texas juvenile and adult courts are not cast in stone. For example, minors who are at least 14 may be tried as adults may be charged as adults if the crimes are of sufficient severity.

Usually, parents and criminal defense attorneys typically want to keep minors outside the adult justice system. However, if the minor is at least 14 and faces a capital felony or first-degree felony, the case may be referred to the adult courts. In addition, for minors 15 years old or older, a jail felony charge can result in a transfer to the adult court system.

When the minor is sent to the adult courts, all their subsequent felony charges are tried in the adult system. Minors charged as adults in Texas face the same consequences as adults. Other than a mandatory life sentence or death penalty.

## What Factors Are Considered?

Not every Texas juvenile court transfer request is granted. Before there is a decision, the court holds a transfer hearing. There is no jury. Case details and other matters are reviewed during the hearing. For example, the court will consider if the felony was committed against property or a person. Criminal offenses against people are more often transferred to adult courts. The juvenile court also reviews these factors:

- How sophisticated and mature the minor is
- The prior criminal record of the child
- How much of a public safety risk the child is to the public
- How likely the child is to become rehabilitated

A Texas criminal defense attorney will best argue that the minor should be sent to a juvenile facility. This is important because children in adult prisons are at higher risk of assault and other serious crimes.

## How The Juvenile Court System Works In Texas

A child in Texas can be arrested and charged with a crime. However, Texas procedural requirements are different for juveniles compared to adults. Texas law says the Juvenile Justice Code is part of the Texas Family Code.

Texas juvenile courts say there is a possibility of rehabilitating the minor. The criminal justice system’s central question is: What is in the child’s best interest? If law enforcement thinks there is probable cause to put a juvenile under arrest, they may do so. Texas law does not require law enforcement to have an arrest warrant for a juvenile suspect.

## How Long Can A Minor Be Kept In Juvenile Detention?

The law states that a Texas juvenile must be released from juvenile detention unless the criminal court determines one or more of the following:

- The minor is at high risk to flee
- The minor is not getting enough care, protection, and supervision from their guardian
- The minor does not have a guardian or parent to get them to court appearances
- The minor is a danger to themselves or a public safety threat
- The minor has been convicted before of a serious crime

## What Are Common Juvenile Crimes In Texas?

If a youth commits a minor offense in Texas, they may be held in juvenile detention. In this state, most juvenile crimes unrelated to traffic infractions include running away from home, using inhalants, school expulsions, sexting, and prostitution. These are also status offenses because they are not crimes under the adult system.

However, delinquent conduct often involves serious criminal offenses that can lead to a term in juvenile detention. Common examples of delinquent behavior in Texas are:

- Larceny: This is another term for theft and often involves stealing small items from friends, classmates, and teachers
- Vandalism: If the juvenile defaces restrooms, paints graffiti, or damages bikes or cars
- Violent crimes and assault: Fighting with classmates, teachers, and family can bring an assault charge
- Drug and alcohol crimes: Many juveniles illegally use drugs and alcohol, which leads to additional crimes

## Juvenile Crime Penalties

In this state, a juvenile will be punished based on the severity of the crimes. The Texas judge who hears the case has plenty of discretion in administering punishment to minors. Common penalties for convicted juveniles are:

- Minor offenses, such as disobeying curfew, usually are punished with a $50 to $500 fine. The juvenile also may receive probation.
- Truancy, or being absent from school, can result in a driver’s license suspension.
- Drug possession can bring fines and a term in juvenile detention.
- Vandalism may lead to a fine of $500 or more. Much depends on what it costs to fix the damage. More serious vandalism results in juvenile detention.
- Underage drinking and related offenses are punished will the loss of driver’s license and possibly fines.

The juvenile court will decide what the penalty is based on the offense and the minor’s criminal history. If the minor is sentenced to house arrest, they must complete the term and any training before being released. If they are 19 and still did not finish their juvenile sentence, the court can send them to adult prison.

## What Are Defenses To Juvenile Crimes?

Several defenses could be effective if you or your child are charged with a crime as a juvenile. For example:

- Showing that law enforcement did not gather evidence legally or follow the correct procedure when they investigated the offense
- Proving that the minor did not commit the offense or was not in the area
- Showing that the individual who committed the crime is regretful and has no criminal history

## Why Keep Your Child Out Of The Adult Court System?

For more felonies, children in Texas can be tried and convicted as adults. The biggest reason you do not want your child in the adult system is it is not focused on rehabilitation. If a child is convicted in an adult court in Texas, they face:

- Prison time in an adult facility
- Thousands of dollars in fines
- Strict probation terms when released

The juvenile will also have a felony conviction on their record for the rest of their lives. This can hamper them from doing things most young people want, such as going to college or getting a job. That is why it is vital to have premier legal representation if you or your child is faced with being charged as an adult.

## Talk To A Galveston Criminal Defense Lawyer Today

A minor being charged as an adult is a serious matter in Texas. The Lone Star State has a ‘once an adult, always an adult’ rule for felony crimes. If you are prosecuted as an adult and are under 18, you face the same punishments as those much older than you. You could get years in prison, heavy fines, and a permanent criminal record.

If the minor is your child, they could have difficulty getting a decent job, applying for school, finding a house or apartment, or enjoying everyday life. Fortunately, a skilled Galveston criminal defense lawyer can help you. Mark Diaz is a skilled, savvy criminal defense lawyer who represents minors being charged as adults in Texas.

Mark Diaz & Associates represent those under 18 in Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. [Contact one of our Galveston criminal defense lawyers now](/landing-form/) at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** charged as adult

---

### [Early Impacts From The New Texas Expunction Law](https://texascriminaljustice.com/early-impacts-from-the-new-texas-expunction-law/)

**Published:** November 28, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![expunction](https://texascriminaljustice.com/wp-content/uploads/2022/11/Diaz-1.-Early-Impacts-From-The-New-Texas-Expungement-Law_December-2022.png "expunction")Most of us have made a mistake that caused negative consequences. Unfortunately, in some cases in Texas, one of those mistakes can lead to arrest, criminal charges, and even conviction. Unfortunately, most convictions cannot be removed from your record, but the law does allow an expunction in some cases.

Find out below the early effects of the new expunction law in Texas. Then, contact [Galveston County criminal defense lawyers](/) at Mark Diaz & Associates for legal assistance.

## Update On Texas Expunction Law

The Texas legislature makes new laws and updates old ones often. For example, in the past, the expunction law was limited and only applied to certain people. The updated law may allow more people to petition the court for expunction.

While there could be more people qualifying for an expunction under the new law, the legal process of getting your record wiped clean is challenging. That is why it is wise to have a Galveston County criminal defense lawyer work on your expunction.

## What Can Be Expunged Under Texas Law?

Reviewing the Texas Code of Criminal Procedure to understand if the offense in question can be expunged is essential. Chapter 55 details the arrests and crimes that may be eligible for expungement.

It helps to remember that anyone in Texas who is convicted of an offense except for a Class C misdemeanor does not qualify for an expunction unless you have a pardon or an acquittal. You also cannot have a record expunged if the arrest stemmed from a probation violation or if you fled from the jurisdiction after posting bond.

[The records that may qualify for an expunction]() are:

- An arrest for a crime where you were never charged.
- A criminal charge that was dismissed later.
- Arrest if you were not charged when a case was not filed.
- Arrest where you were not charged.
- Arrest, charge, or conviction related to identity theft where someone else was later arrested, charged, and convicted.
- Conviction that was later acquitted by the court or the Court of Criminal Appeals.
- Crime conviction that the Governor or President pardoned.

Only some people with a qualifying record will qualify for an expunction. In many situations, you also cannot file for an expunction for a felony or misdemeanor that was dismissed if the statute of limitations has not expired.

Also, depending on the offense, there may be a waiting period for requesting an expunction. Assuming no charges were filed against you, you must wait out the waiting period based on the level of offense you were facing. For a Class C misdemeanor, the waiting period is 180 days. For Class A and B misdemeanors, the waiting period is one year. Lastly, for felony cases, the waiting period is three years.

## Why Should You Get A Texas Record Expunged?

Getting a record expunged in Galveston County or elsewhere in Texas is a hassle. Why bother? A criminal record will follow you everywhere and affect your life. Some of the things you will have trouble with include:

- Qualifying for loans
- Housing
- Getting a job
- Being admitted to college
- Volunteering
- Voting
- Owning firearms

Remember that the arrest can stay on your record even if you were never charged or convicted. For example, the arrest will appear if you apply for a job or rent a house or apartment.

## Expunction Legal Process In Texas

In most cases, you need to start the expunction process by filing a petition with the district court in the county where the crime occurred. You are required to give information about yourself, the record you want to be deleted, and why you qualify.

The petition is signed under oath, which means the statements you provide are the same as legal testimony. Therefore, providing misleading or false information on these forms can lead to severe penalties. There also are several technical documents and other information you must provide with the petition, so following the guidelines is critical.

Once the petition is filed, the court gives you a hearing date for your case. Errors and omissions in your original petition and the resulting order for expunction can wreck your case. The judge can deny any expunction if there are problems with the petition and supporting documents. The judge can only accept the petition if you follow the procedure strictly during the hearing.

The state can object to your reasons for asking for an expunction. The state will fight the expunction if it believes you are not entitled to it. If the state of Texas opposes the expunction, it will make its argument at the hearing. The judge makes the final decision.

If the court allows the expunction to go ahead, the Order of Expungement is what you need to get the record erased with various agencies. You need to submit this document to every organization or agency with records about your case. They will either delete the record or send them to the court at a certain time. If they do not, there will be consequences with the court.

## Pardons And Expunctions For Texas Marijuana Possession Cases

Last month, President Joe Biden announced there would be pardons for approximately 6,500 federal marijuana possession offenders. He urged governors across the country to do the same thing, but it does not appear this will happen in Texas.

A pardon and expunction will probably not happen for people charged and convicted of marijuana crimes in Texas or Galveston County. The federal pardon also will not apply to people accused of higher-level crimes, such as selling and distributing.

Criminal justice experts in Texas noted that the [6,500 people who will be pardoned at the federal level](https://www.houstonpublicmedia.org/articles/shows/houston-matters/2022/10/10/434772/as-biden-announces-marijuana-pardons-expert-says-texas-still-has-a-ways-to-go/) were convicted in the past. But they will not be totally cleared of their crimes. Instead, those 6,500 probably will only have their records cleared if the US government decides to add an expunction process.

In Texas, you can still be charged with a Class B misdemeanor for possessing up to two ounces of cannabis. This could result in 180 days in jail and a fine of up to $2,000. Many Texans support decriminalization of marijuana possession, and there have been efforts to reduce penalties in the last two legislative sessions in Austin.

While no one has been pardoned in Texas or had their records expunged for past marijuana possession convictions, it is possible there could be lowered penalties for possession in the future. For example, many of the jail recommendations for marijuana possession could be waived in a future legislative session.

Talk to your criminal defense attorney if you have a marijuana possession charge on your record. They can advise you on removing the charge from your record.

## Only Misdemeanors And Felonies Qualify For Expunctions

Remember that only misdemeanor and felony arrests can be expunged. Many people must realize they can also be charged with other crimes. For instance, contempt of court and probation and parole violations also can appear on your record. These are not new crimes. A contempt of court charge on your record does not qualify for an expunction because it is not a new crime. Rather, it is related to the crime that go you to court.

## Other Options Besides an Expunction

Only some cases qualify for expunctions in Texas. However, you might qualify for other legal remedies. Another option is an order of nondisclosure. This process can seal or hide records of your criminal matter. If a nondisclosure case is successful, you can get an order that forces the parties to seal the documents that involve your case. You cannot make them delete the records, which is what an expunction is.

The nondisclosure does not delete the records but is concealed from public view. Only a limited number of agencies and law enforcement can see the documents. Even with the records only sealed, you will probably enjoy many benefits of an expunction. So, there are many benefits to this post-conviction relief option. Your criminal defense attorney will review the case and inform you if an expunction or nondisclosure is the better option.

## Talk To A Galveston County Criminal Defense Lawyer

Were you convicted of a crime in Galveston County? Then, you know that it can hurt your life even after you serve your sentence and pay the fines. You could have difficulty finding a job, or renting an apartment, and it can even be hard to get a college loan.

However, you may be able to have your record expunged in some cases to negate the effects of the conviction. Mark Diaz & Associates can help, and we proudly serve Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. [Contact our Galveston County criminal defense lawyers](/landing-form/) now at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** expunction, expunged

---

### [How Harsh Are Drug Charges For Minors In Texas?](https://texascriminaljustice.com/how-harsh-are-drug-charges-for-minors-in-texas/)

**Published:** December 5, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug charges](https://texascriminaljustice.com/wp-content/uploads/2022/12/Diaz-2.-How-Harsh-Are-Drug-Charges-For-Minors-In-Texas_December-2022.jpg "drug charges")Parents may only know their children possess illegal drugs once they are called by law enforcement or the school about drug charges. If your child is facing a Harris County drug charge, it is essential to take care of the matter immediately. A drug crime conviction can prevent your child from going to college, renting an apartment, getting a decent job, and more.

The [Harris County drug crime defense lawyers](/drug-possession/) at Mark Diaz & Associates can help. First, read about drug charges against minors in Texas, then contact one of our attorneys for assistance.

## Overview Of Drug Possession Charges Against A Minor In Texas

A Texas drug charge against a minor may involve many drugs, chemicals, and medications governed by state and federal laws. A minor who knowingly possesses a controlled substance may be charged with drug possession without a legal reason. The minor is considered a juvenile when he or she is younger than the age of 17.

## Possession

Drug possession is defined in Texas as having care, custody, control, or management of the substance. A minor who possesses a controlled substance knowingly may be charged with drug possession as a juvenile (so long as the person is under the age of 17). Some of the more common juvenile drug possession cases include possession of MDMA, cocaine, marijuana, THC oil, or weed wax, and other illegal substances. In addition, a minor who has unprescribed prescription drugs also can be charged.

## Knowledge

A Harris County juvenile drug charge requires the minor to knowingly possess or control the drug. For example, let’s say the school police found marijuana in your child’s backpack while at school. Many parents would respond to this by telling the officers that the child did not know he or she had marijuana in the school backpack. In response, it is common for the Harris County prosecutor to use circumstantial evidence to prove the child knew there was marijuana in his or her backpack based on the specific circumstances of that case.

## Control

Possessing illegal drugs on your body or in your hands is not required for the prosecutor to prove its case. If the prosecutor can prove the minor had control of the area where the illegal substance was found, that may be sufficient to support a conviction.

For instance, if the minor is pulled over in his truck and drugs are found under the seat, this may show he had possession. The minor also can be charged if the illegal substances are found in a school locker that only he has access to. If the person has control over the area where the drugs were found, the charges could stick.

## Possessing Edibles in Texas

Marijuana is still illegal in Texas. However, the plant is being ingested in other ways besides smoking. A Texas minor possessing two ounces or less of marijuana can be charged with a class B misdemeanor. A minor possessing any amount at all of THC oil, also known as weed wax, can be charged with a felony.

## Possessing Marijuana in Texas

When you are arrested with drugs in Texas, how much you have on you determines how severe the charge is. For instance, if you are arrested with under two ounces of weed, it is a Class B misdemeanor. However, if you are arrested with more than four ounces, you could be charged with a felony.

Also, possessing beverages or food that have THC is punished differently than weed in the plant form. Edibles that are infused with THC are treated as possession of controlled substances, not marijuana.

THC in edibles in Texas is treated under Penalty Class 2. This means the weight of the edibles the minor has in their possession determines the charge. This means if you had an edible with only a gram of THC, they weigh the entire item to determine how severe the felony is.

## Minor Drug Possession Penalties In Texas

A minor (who hasn’t reached the age of 17 years of age) and who is charged with drug possession in Harris County, Texas will be handled through the juvenile court system, not the adult court system. Juvenile courts offer different options when handling minors charged with drug possession. Some options the judge may consider in a minor drug possession case are:

## Drug Counseling

If the court orders drug counseling, the reason would be to focus on rehabilitation for the minor. The court can order both the minor and parents to attend drug counseling classes. If they do not attend, there can be harsher punishments, including probation or detention.

## Juvenile Probation For Drug Charges

If the minor is put on probation, they are less free to move about and travel. However, the minor is not held in a detention facility. They may also need to participate in community service, therapy, counseling, and daily curfew.

A vital difference between juvenile and adult probation is that a juvenile can be put on probation for any criminal offense. This even includes capital murder. Also, a prior felony history does not disallow the minor from being placed on probation. On the other hand, an adult with a previous felony conviction is not eligible for probation.

## Diversion

Diversion is similar to probation, but differs in that the juvenile will not enter a formal plea like you would with any other probation. Diversionary programs are common for the court to impose. Like probation, the minor has to comply with everything the juvenile court orders to receive diversion instead of a harsher punishment.

A significant difference between diversion and probation is the minor on diversion may comply with the orders without appearing before the judge, and more importantly, when the minor completes the diversion program, all charges are dismissed.

## Detention

This is the least desirable option for a minor charged with a drug crime. If the juvenile court orders detention, they could be put in a juvenile detention center or confined to the home. Fortunately, detention for drug possession is not typical for minors. An exception is if the person is a repeat offender.

A juvenile can be tried as an adult for a drug charge in a few severe cases. If that happens, the minor could have to pay hefty fines and face serious jail time. On the other hand, if it is a first offense, the adult court may be lenient. But it is imperative you have a criminal defense attorney assist you along the way.

## Juvenile Drug Charges Defenses In Harris County

When a minor is charged with drug possession, ownership of the drugs is a common issue. A criminal defense attorney is helpful when asserting the various defenses available for minor drug possession. Some examples of defenses are: the minor facing the charge had drugs that belonged to someone else, or the juvenile may have a prescription for the drug but just can’t prove it in the moment they are in possession and being questioned by the law.

Many drug cases have issues with how law enforcement finds illegal substances. For example, the 4th Amendment of the US Constitution is sometimes ignored when law enforcement does searches of minors because there are different privacy concerns specifically when students are on school grounds. Nonetheless, your attorney can fight to suppress the evidence if there is a constitutional violation.

## Why Robust Criminal Defense Is Needed For Drug Charges

In recent days, more states are legalizing recreational marijuana. However, it is still [illegal for adults and minors to possess cannabis in Texas](/recreational-use-of-cannabis-is-illegal-in-texas/).

If your minor child was arrested for drug possession, it is critical for their future to protect their rights. Remember, Texas law states your child can be charged with drug possession from the ages of 10-16.

When a minor is charged with a crime, treat it seriously. If it is not handled properly, it can affect your minor child’s future for many years to come, if not the rest of their life. Imagine the child having difficulty being accepted to college, getting student aid or loans to pay for college, or getting a job.

For example, getting a government job is almost impossible if someone has a serious criminal record. It also is much more challenging to get professional licenses in many fields. Obtaining housing is very difficult as well for a person with a criminal history. So, having a skilled criminal defense attorney representing a minor facing a drug charge is vital to their future.

## Delivery Of A Controlled Substance Or Marijuana To A Child

This crime applies to adults but is related to the above information. In addition, [delivery of Controlled Substances To A Child in Texas](https://www.childwelfare.gov/pubPDFs/parentalsubstanceuse.pdf) gives law enforcement the right to arrest you if they think you delivered illegal substances to a minor.

This crime also applies to giving drugs to anyone in elementary or middle school, even over 18. However, there is an affirmative defense in the law if you were a minor when you committed the crime or were under 21 and gave less than .25 ounces of marijuana to a minor.

A conviction on this charge is a [second-degree felony](). You can be fined up to $10,000 and sent to prison for 20 years.

## Talk To A Harris County Drug Crime Defense Lawyer

If your child is charged with a drug crime in Texas, their life could be turned upside down if you don’t intervene and ensure the case is handled properly. A drug crime conviction could follow your child for the rest of their life. But, it doesn’t have to.

Mark Diaz & Associates will provide the strongest defense possible for drug charges against a minor. Our drug crime defense attorneys also represent clients in Houston, Webster, Spring, Cypress, Humble, Pasadena, Tomball, La Porte, Bellaire, Atascocita, Channelview, Deer Park, Crosby, Nassau Bay, Jersey Village, and Galena Park. [Contact a Harris County criminal defense lawyer](/landing-form/) at (409) 515-6170.

**Categories:** Drug Crime Defense Lawyer

**Tags:** underage drug possession

---

### [Crimes Considered Assault That You May Not Be Aware Of](https://texascriminaljustice.com/crimes-considered-assault-that-you-may-not-be-aware-of/)

**Published:** December 12, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2022/12/Diaz-3.-Crimes-Considered-Assault-That-You-May-Not-Be-Aware-Of_December-2022.jpg "assault")If you are charged with assault in Texas, there could be severe penalties. You could face years in prison, fines, and a permanent criminal record if convicted.

However, it does not need to be this way. The [assault lawyers in Chambers County](/assault-and-battery/) at Mark Diaz & Associates can help provide the most vigorous defense against these serious charges.

## What Is Assault In Texas?

You can be charged with [assault in Texas](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) if the following three things apply:

- You recklessly or intentionally caused someone physical injury or harm
- You intentionally threatened someone with imminent bodily harm
- You intentionally used provocative and offensive physical contact against someone

This definition shows that there is a wide range of conduct that can be classified as assault. As you can see, you do not need to engage in an incredibly violent action to be charged with assault in Chambers County. For example, you can be charged with assault by simply grabbing someone by the arm or pointing a finger in the chest.

Note that you can be charged with assault in Texas for merely touching someone provocatively or threateningly. For example, if you grab someone’s shoulder or push them, this could be considered a form of assault. You can also be charged with assault for merely making a verbal threat or threatening motion with a weapon.

## Texas Assault Charges Classifications

In Texas, assault is a misdemeanor or felony. Felonies have much more several penalties:

- Class C misdemeanor: If you threaten someone with harm, but no injury happens. It also may be when you touch someone else offensively, but there is no injury. Punishable by up to a $500 fine.
- [Class B misdemeanor](https://mac.harriscountytx.gov/about-texas-misdemeanors): If you assault a participant of a sporting event, you can receive six months in prison and a $2,000 fine.
- Class A misdemeanor: When the assault causes bodily injury or any offensive physical contact against an elderly or disabled person. This carries a $4,000 fine and up to a year in prison.
- Third-degree felony: When the assault that causes bodily injury is against a public servant acting in their capacity as a public servant. You can also be charged with this degree of an offense if the alleged assault is against a family member, member of the household or someone in which you are in a dating relationship with AND you have been convicted of that type of assault in the past. These are potentially punishable by up to a $10,000 fine and a term in prison for not less than 2 years and up to 10 years in prison.
- Second-degree felony: If the alleged assault causing bodily injury is against a Peace Officer or Judge. There is also, aggravated assault which occurs when you brandish a weapon or cause serious physical harm. Second Degree Felonies can be punished by a $10,000 fine and a term in prison for not less than 2 years and up to 20 years in prison.
- First-degree felony: When you engage in an aggravated assault against a public servant, informant, someone who reports a crime, or security officer. Punishable by up to $10,000 fine and term in prison for not less than 5 years and up to 99 years or life in prison.

## Assault Defenses In Texas

There are severe consequences to an assault conviction in Chambers County, Texas. However, remember that being arrested and convicted are different things. An arrest only means law enforcement took you into custody because they suspect you committed a crime. Also, the arrest is based only on an allegation that could be true.

If the arrest leads to a criminal charge, the prosecutor has decided to charge you for a crime with specific punishments under the law. If the charge sticks, it can go to trial, where you must plead innocent or guilty. However, there are many valid defenses to assault charges in Texas:

## Self-defense

The most common defense to an assault charge in Chambers County is self-defense. Claiming self-defense means you need to show the assault that was made was against someone who was acting violently or made violent threats. If there were threats, there had to be a threat of violence for you to defend yourself.

Texas law allows for self-defense, but it cannot go too far. Under the law, you must use the minimum amount of force to ensure your safety. Also, you cannot provoke the original violence committed or threatened against you.

Note there is no duty to retreat in Texas as in many states. Instead, you can respond with violence in self-defense immediately if you perceive a significant threat of violence. The self-defense must be proportionate with the perceived violence, however.

For example, if someone slaps you in an argument, you are not allowed to stab them with a knife. But you can punch, push, or slap them back to defend themselves.

## Defense of others

You have the right in Texas to defend yourself and others. For example, you can legally protect someone with reasonable force if someone is assaulting another person. In addition, depending on the circumstances, you may be allowed to stop a crime in progress.

## Defense of property

Texas law also allows you to use force in defense of property. For instance, if you catch someone breaking into your home to steal a TV, you can use force to stop the crime. This is the Stand Your Ground law in Texas that allows you to use reasonable force to defend your car and home.

However, it is essential not to go too far in defense of property. For example, if someone is stealing your car and you shoot them, you still could be charged with a crime. But if you assault the criminal with your hands, this would probably be considered reasonable force under the law.

## Assumption Of Risk

Another possible defense against assault is the assumption of reasonable risk or consent. For instance, if a group of you agree to play football, one group cannot claim assault if someone tackles them and breaks their leg. This is because everyone in the group consented to play football, so any injury that results cannot be assault.

## Other defenses

An experienced assault defense attorney in Chambers County may beat the charge another way. Depending on the case, your attorney may negotiate with the prosecutor to get the charge reduced or dropped.

Some assault cases, including domestic disputes, can involve someone who reconsiders pressing charges after the heat of the moment passes. For example, if someone in your home brought the charges, that person may want the charges dropped later. However, the state could continue with the case. In addition, there are situations where the state prosecutor proceeds with a case even when the spouse wants the charge dropped.

But in some cases, the state may decide it will be challenging to secure a conviction and drops the charges. Your attorney can make that happen by presenting strong evidence on your behalf.

## Assault Charges Myths In Texas

If you were charged with assault in Texas, do not believe the following myths:

## You Will Not Face Charges If Months Go By

It is easy to assume you will not face assault charges if weeks or months pass and nothing happens. However, a misdemeanor assault charge in Texas can be prosecuted within two years of the incident. So, a long time can pass before you hear about the case. If there is a felony case, the prosecution has three years. After that, the police could simply arrest you in your home or at work and bring charges later.

## The Victim Can Drop Charges

The alleged victim may want to drop the charges, but this does not matter to Texas prosecutors. The prosecutor has the final word even if you want to drop the charges. You can file a non-prosecution affidavit but it is up to the state. If the prosecutors have strong evidence, they may move forward.

## Hiring An Attorney Makes You Guilty

If you are accused of a severe crime such as assault, some may think that hiring an attorney is essentially admitting guilt. However, everyone charged with a crime in America has a right to a lawyer. Therefore, it is almost always in your best interest to hire an attorney immediately.

Your criminal defense attorney deeply understands the Texas criminal justice system. They can determine the best ways to defend you by analyzing the evidence and weaknesses in the prosecution’s case.

If you do not hire a lawyer, there is a high probability you will be convicted. In addition, it is common for the accused to say things before they have a lawyer that is used against them later. So, always talk to an attorney as soon as you are arrested.

## Talk To A Chambers County Assault Lawyer Today

If you have been charged with assault in Texas, you are in a difficult situation. You could wind up in jail with thousands in fines, so the time to take legal action is now!

Mark Diaz & Associates will provide the most vigorous defense possible for assault charges in Chambers County. Our criminal defense attorneys also represent clients in Tiki Island, Jamaica Beach, League City, Texas City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, San Leon. [Contact our Chambers County criminal defense lawyer](/landing-form/) at (409) 515-6170.

**Categories:** Assault Lawyer

**Tags:** Assault

---

### [When Does Drug Trafficking Become A Federal Crime](https://texascriminaljustice.com/when-does-drug-trafficking-become-a-federal-crime/)

**Published:** December 20, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/12/Diaz-4.-When-Does-Drug-Trafficking-Become-A-Federal-Crime_December-2022.jpg "drug trafficking")When someone is charged with drug trafficking, many assume it is a federal charge. Often, this is the case. However, many drug trafficking charges are tried at the state level in Texas. Whether a drug trafficking case is a state or federal matter depends on the circumstances. If it is a federal charge, there are stiffer punishments.

Learn below about when drug trafficking is a federal crime. If you have been charged with a drug crime, the [Galveston drug trafficking attorneys](/drug-trafficking/) at Mark Diaz & Associates can assist you.

## What Is Drug Trafficking?

Drug trafficking in Texas is defined as transporting, distributing, and possessing with the intent to sell illegal drugs. You also can be charged with drug trafficking if you sell and transport prescription drugs without a prescription. Trafficking drugs means the drugs must be in your possession at the time of the arrest.

If the illegal act only happens in Texas, it is usually a state charge. It is a federal charge if it crosses state lines or another country’s border.

You can be charged with state drug trafficking in these ways:

- Transporting narcotics: If you are caught moving narcotics from one place to another, this is transporting them. To be convicted, you must have been transporting the drugs on purpose. You could be charged with drug trafficking, but your attorney may try to prove you did not know you had them.
- A common situation is hiring someone to move a legal shipment of goods from one city to another in Texas. But illegal drugs are placed in the vehicle’s trunk without the driver’s knowledge.
- Distributing narcotics: State law defines this as selling drugs or providing them to someone else to sell.
- Possessing narcotics with the intent to distribute: This is an area where drug possession can be viewed as drug trafficking, a much more serious offense. Possessing drugs with the intent to sell requires Texas to prove you had the drugs to sell them, not just for personal use. Law enforcement or the prosecutor may threaten to charge you with drug trafficking to obtain a confession. Be sure to ask for an attorney before you tell law enforcement about the case.

## U.S. Drug Trafficking Facts

There is a good reason state, and federal authorities prosecute drug trafficking aggressively: Drug abuse is a severe issue in the US. Additionally, the abuse of opioids is a significant public health crisis. An increase in opioid abuse has led to more heroin abuse, too. This shows that more people are switching from prescription opioids to heroin, which is often easier to obtain.

[Fentanyl is also growing in popularity](https://drugabuse.com/statistics-data/drug-trafficking/) and is causing more overdose deaths. Much fentanyl is produced in China and Mexico and trafficked into the U.S. Also, there are dangerous variations of fentanyl, including acetyl fentanyl, killing more Americans yearly. Fentanyl is 40 times more potent than heroin.

Many illegal drugs are trafficked into the U.S. from Mexico, where illicit opium has increased in the last decade. The Mexican government reports that it has destroyed 21,400 hectares of opium plants since 2014. From 2010 to 2015, heroin seizures at the southern border increased by 100%.

The DEA reports that drugs trafficked into the U.S. are usually in kilogram or pound blocks. They are taken to a house or apartment where someone processes and bags the pills for sale. When the drugs are broken down, fillers such as caffeine, sugar, and even fentanyl and acetyl fentanyl are added. This bulks up the drug and increases the profits from sales.

Fentanyl is sometimes combined with heroin and can be made into illegal prescription painkillers. These adulterations are almost always done without the end user knowing and can lead to overdose and death. Some users buy these illegal pills online and purchase counterfeit drugs that are dangerous to their health.

Synthetic drugs are also being trafficked into the United States and are disguised as heroin. There are more overdoses with carfentanil, a synthetic drug that is 10,000 times more powerful than morphine. This is a growing threat to public health in the U.S. All of these illegal drugs are being trafficked more frequently into the U.S. That is why the state and federal authorities are being more aggressive in prosecuting drug traffickers.

## What Are Federal Drug Offenses?

The Drug Enforcement Agency or DEA is charged with investigating felony drug cases. The DEA often focuses on large drug crimes, including drug smuggling from South America in the U.S. However, many drug offenses may be charged at the federal level:

- Drug trafficking
- Drug manufacturing
- Drug conspiracy
- Possession of controlled substances

In many cases, a drug trafficking charge will be prosecuted at the federal level if it happens on federal property. Or it can be a federal charge when the alleged crime involves a federal agent working undercover. Drug trafficking charges are frequently charged as federal crimes because the activity occurs over state lines. You also may face federal drug trafficking charges if you move drugs through the US Postal Service or another mail carrier.

More cases where a drug trafficking charge can become federal include:

- Large amounts of drugs
- Large amounts of drugs moved from one state to another
- Cases involving money laundering
- Cases involving Medicaid and Medicare fraud
- Illegal drug prescription conspiracies

## Drug Trafficking vs. Drug Possession

As noted earlier, there can be a fine line between drug possession and drug trafficking. When the police arrest you with illegal drugs, they usually charge you with drug possession. However, the state prosecutor may use circumstantial evidence to prove you plan to sell it.

For example, let’s say you are arrested with six ounces of marijuana. The police find the drugs, baggies, a scale, and a gun in the trunk. The police will use this evidence to argue you were engaged in drug trafficking and distribution. Even if you only intended the drugs for personal use, the circumstantial evidence could lead to a trafficking charge.

## Texas Penalties for Drug Trafficking

If you are charged at the state level for drug trafficking, you can receive the following punishments:

- Less than one gram of opiates, cocaine, and methamphetamine: Six months to two years in a Texas jail and a fine up to $4,000.
- Four to 400 grams of hallucinogens other than LSD: Five to 99 years in state prison and a fine up to $10,000.
- 28 to 400 grams of narcotics: Two to 20 years in state prison and a fine up to $10,000.

## Federal Drug Conspiracy Charges

It is common for a drug trafficking federal charge to be combined with a drug conspiracy charge. A drug conspiracy is where two or more people agree to commit a drug crime, such as drug trafficking. Also, the [American Bar Association](https://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_cjmag_21_2_federalorstate.authcheckdam.pdf) states that prosecutors often choose to charge a drug crime at the state or federal level depending on the situation. Your attorney must attempt to get the case charged by the state because federal sentences are more severe.

When a drug conspiracy charge is brought, this is the most common way drug trafficking can be a federal charge.

## Defenses To Drug Trafficking Charges

[The US Sentencing Commission](https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Quick_Facts_Drug_Trafficking_2013.pdf) reported in 2013 there were 22,000 federal drug trafficking cases. Most offenders – 96% – were convicted and sentenced to prison.

While most drug trafficking cases result in a conviction at the state and federal level, there are viable defenses. The best way to approach the case depends on the circumstances. It is best to discuss your case with a Galveston drug trafficking attorney as soon as possible to determine if one of the following defenses can be used:

- Police officers lacked probable cause to search you.
- Law enforcement engaged in an unlawful search and seizure.
- You were in the wrong place at the wrong time and did not participate in the alleged crime.
- The drugs did not belong to you.
- You were forced or coerced into participating in drug trafficking and related crimes
- The police used entrapment to arrest you.
- You had an alibi that did not place you at the alleged crime scene.

## Federal Drug Trafficking Sentencing

Some federal crimes have minimum prison sentences and harsh penalties. The federal judge could have limited discretion when determining how long the prison sentence will be. The idea behind minimum sentencing was to reduce drug use, but some defendants receive unnecessarily harsh penalties.

## Talk To Galveston Drug Trafficking Attorneys Today

If you have been charged with drug trafficking in Galveston near Moody Gardens, Galveston Island State Park, or Galveston Island Historic Pier, you face a dire situation. Whether the charge is prosecuted at the state or federal level, you could be sent to prison for years and heavily fined, among other consequences.

Mark Diaz & Associates will provide a strong defense for a Galveston drug trafficking charge. Our criminal defense attorneys also work with clients in Tiki Island, Jamaica Beach, League City, Texas City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, San Leon. [Contact a Galveston criminal defense lawyer](/landing-form/) at (409) 515-6170

**Categories:** Drug Trafficking Attorney

**Tags:** Drug Trafficking

---

### [Thanksgiving Weekend Crime in Galveston](https://texascriminaljustice.com/thanksgiving-weekend-crime-in-galveston/)

**Published:** December 19, 2022
**Author:** Mark Diaz &amp; Associates

**Content:**

![Thanksgiving crime](https://texascriminaljustice.com/wp-content/uploads/2022/12/crime.jpg "Thanksgiving crime")

Hey y’all, I hope everyone had a good Thanksgiving holiday. What I want to do today on this Facebook live is similar to what I did after the biker rally, just go over the arrests that we had during the Thanksgiving holiday. It’s about what I expected, maybe a little less than I expected. I started with Wednesday, figuring that most people start their Thanksgiving festivities Wednesday night. I went over arrests Wednesday-Sunday. Here’s kind of an overview of what we had. On Wednesday, the 23rd, we had a total of 36 arrests. On Thursday, Thanksgiving Day, we had 28 arrests. On Friday, we had 32, Saturday 21. Then Sunday back up to 32. Again, it was about what I expected to see.

Generally, in my experience, what we see on holiday weekends, especially involving family gatherings, are DWIs, intoxication offenses, and unfortunately, assault of a family member. I went through each day and looked at what we had. On Wednesday, we had 3 DWI cases. Assault of a family member cases, we had 3.

On Thanksgiving Day, we had four DWI cases. Along with four assault of a family member cases. One of them was an aggravated assault on a family member with a weapon, but I just lumped that in with the other family violence arrests on that day. Then on Friday, we had 8 DWI arrests and 4 assault of a family member cases.

The DWI cases went up considerably the day after Thanksgiving. Then Saturday was the lightest day with only 21 Total arrests. We had three assault of a family member cases, one of those being aggravated with a weapon. No DWIs on Saturday. Sunday was a bigger day; we went back up to 32 arrests. Out of those 32, only two DWIs and no family violence cases. I’m guessing by Sunday, everyone had gone back home, or at least they left the family gatherings. It is unfortunate, but that is the trend we see over holiday weekends.

I’ll try to keep doing these reports on holiday crime spikes. I started doing it after the biker rally and I got some positive feedback. I’ll start trying to do it on major event weekends on the island, and [holiday weekends](https://www.visitgalveston.com/blog/thanksgiving-galveston/). New Year’s Eve will be the next big one. There will probably be a lot of alcohol-related activity on New Year’s Eve. Anyway, I hope you all had a great Thanksgiving. Have a good rest of your week and I’ll see y’all soon.

### Contact Our Galveston County Criminal Defense Attorney

When you have been charged with a crime in Galveston County and the Greater Houston area, you need an experienced criminal defense lawyer who focuses exclusively on defending criminal cases and who will aggressively protect your rights.

Throughout my career, I have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing I do. I have witnessed firsthand how a criminal charge can negatively impact every area of a person’s life. As a[ Galveston criminal defense lawyer](/), I consider it a privilege to help people during this stressful time in their lives. Call me today at (409) 515-6170 for a free consultation to discuss.

**Categories:** Holiday Crimes

**Tags:** Thanksgiving crime

---

### [How A DWI Guilty Plea Can Ruin Your Life](https://texascriminaljustice.com/how-a-dwi-guilty-plea-can-ruin-your-life/)

**Published:** January 9, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2023/01/Diaz-2-How-A-DWI-Guilty-Plea-Can-Ruin-Your-Life_January-2023-1.jpg "DWI")If you are charged with a DWI in Galveston and plead guilty, it may have a devastating impact on your life. That is why hiring a Galveston DWI lawyer is essential to fight the charge with everything in their power.

If you are considering [pleading guilty to a DWI charge](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm), read below about why that is usually a terrible idea. When you want the most vigorous DUI defense, please contact the [Galveston DWI lawyers](/dwi-charges/) at Mark Diaz & Associates. They have an excellent track record fighting these serious charges for their Texas clients.

## What Is A Texas DWI?

In Texas, you are legally intoxicated with a [blood alcohol content of .08% or higher](/dwi-charges/). So, when the police pull you over, they will probably try to give you a breath test. If you show a BAC over .08%, they will arrest you for DWI.

Many people do not understand how easy it is to get a .08% BAC. Women and people who are lighter in weight can get to .08% by drinking only one or two drinks in 60 minutes.

That is why if you think you have drank too much, you should err on the side of caution every time. It is easy to get a ride home these days with taxis and ride-share. Whether you get a ride from Uber, Lyft, or the local cab company, that is always a better option than a DWI. Remember that getting a ride home will cost you much less than paying a DUI fine.

## DWI Conviction Consequences

Getting charged with a DWI that leads to a conviction can bring the following criminal penalties in Texas:

### 1st Offense

A fine of up to $2,000, three days to 180 days in jail, and a driver’s license suspension from 90 to 365 days. It is a Class B misdemeanor.

### 2nd Offense

A fine of up to $4,000, 30 to 365 days in county jail, and a driver’s license suspension from 180 days to two years. It is a Class A misdemeanor.

### 3rd Offense

A fine of up to $10,000, 2 years to 10 years in jail, and a driver’s license suspension from 180 days to two years.

Note that the criminal punishments for a Texas DWI can be worse if you are convicted for intoxication assault, manslaughter, or drunk driving with a minor passenger. Other possible punishments are an ignition interlock device and a yearly fee to keep your driver’s license.

Further, if you are convicted of multiple DWIs in Texas you can get more than 10 years in prison. So even if you have not caused accidents or injured anyone, a long prison sentence is possible with too many drunk driving convictions.

## How A DWI Guilty Plea May Ruin Your Life

It is always preferable to fight a DWI charge. If you do not, you can get put in jail, fined, and given many hours of community service. You also face the following life problems:

### Employment And Education

A DWI will make your employment and education plans more difficult. Just being charged with the crime can cause severe issues with getting or keeping a job and going to school. Also, if your job requires you to drive, having driving restrictions can make it hard to stay employed.

Also, a DWI conviction will damage your professional reputation. You must disclose a DWI conviction when applying for a job. This also may be necessary when applying to colleges and for scholarships.

### Auto Insurance

Your car insurance can be canceled if you get a DWI charge. Also, your rates will definitely skyrocket. Getting a replacement policy can also be challenging if your insurance is canceled.

### DWI School

You may be required to attend DWI classes due to a DWI conviction. This is expensive but may be a condition of staying out of jail.

### Missing Work

If you get a DWI, you must go to court several times. This usually means missing work so you can get to court on time. In addition, if you are convicted of the crime, you could need to go to jail and go to a rehab program. These things mean you will not be able to get to work when you need to do so.

### Professional Licenses

Many professional licenses can be suspended or canceled if you are convicted of DWI. For example, a commercial driver’s license can be revoked when you are convicted. It also may be hard to keep your real estate license with a criminal conviction. This is why fighting the DWI charge with a Galveston lawyer is always a good idea.

## What Should You Know About A DWI Charge In Galveston?

A DWI charge in Texas is a serious matter. If you plead guilty and are convicted, you will have significant problems. Every case is different, but you should know the following about Texas DWI charges:

## You Can Get Charged For Sitting In Your Car

Imagine you just had a few beers at a bar near Moody Gardens or near the Bishop’s Palace in Galveston You climb into your car and sit with the keys in the ignition but you do not drive anywhere. So, you figure you can rest for a few hours, sober up, and drive home. However, did you know the Galveston police can show up and arrest you even if you are not driving?

Texas law states that the police can charge you with a DWI if you are ‘in control of a motor vehicle.’ So for just sitting in the car, you can be charged with and possibly lose your license.

Also, you can be charged with DWI for sleeping in the passenger seat when parked on the side of the road. If the police officer thinks you had too much to drink, they can charge you when the keys are in the ignition. So, never get in a car after you have been drinking. Just sitting there can lead to an arrest. Call a cab or Uber instead.

## Your BAC Can Be Below .08% For A DWI Charge

Many people know the legal limit in Texas is a .08% blood alcohol content (BAC). However, in some cases, the police can arrest you if you do not fully control your physical and mental capacities because you drank too much.

If you do not take a blood or breath test, they can also suspend your driver’s license for six months. Remember the police can charge you with DWI even if you are technically below the legal limit.

## You Can Fight An Intoxicated Driving Charge

Many Galveston residents think they have no legal options when charged with DWI. They may plead guilty to the charge because they think it is impossible to beat it. A Galveston DWI lawyer can often help you beat or reduce charges.

The best way to beat a DWI charge is to not say anything to the police that damages your case. Then, call your lawyer. Always remember you have the right to remain silent; it is almost always best to do so. No question that a DWI charge is scary, but you can overcome it with a good attorney.

## A Felony DUI Is A Possibility

A first-time DWI is usually a misdemeanor in Texas. But if you were convicted of drunk driving before, it could lead to a felony DUI charge. If that happens, the case is handled in District Court and you can get years in prison and thousands in fines.

## There Are Two Possible Sentences For A Texas DWI Conviction

If you get convicted for a first-time DWI, you should know there are two kinds of sentences. First, the law allows you to receive a conviction without probation and a conviction with deferred adjudication.

Conviction without probation means you will be jailed and receive other penalties, such as a license suspension and fines. The minimum jail time for a first-time DDI is three days, but 180 days is possible. This can even be enhanced with prior convictions.

Conviction with deferred adjudication is a way to be punished without jail time. You can receive fines, probation, and a suspended license instead of jail time. If you obey your probation terms. You will not need to go to jail.

Remember that whether you receive jail time depends on the factors of your case, including whether you have a criminal record. Usually, the more serious the DWI offense, the more likely you will go to jail.

## Talk To A Galveston DWI Lawyer Now

Have you been charged with a DWI in Galveston? Even a first-time offense can turn your life upside down. You should hire a Galveston DWI lawyer from Mark Diaz & Associates today. Our attorneys will fight for your rights in Galveston, League CityTexas City, Tiki Island, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, San Leon, Dickinson, Kemah, Clear Lake Shores, and Friendswood. [Contact us today](/domestic-violence/) at (409) 515-6170 for legal assistance.

**Categories:** DWI Lawyer

**Tags:** DWI

---

### [Arrests Over NYE Weekend - Innocent Until Proven Guilty](https://texascriminaljustice.com/arrests-over-nye-weekend-innocent-until-proven-guilty/)

**Published:** January 7, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2023/01/DWI.jpg "DWI")

## New Year’s Weekend Arrests In Galveston

Hello, happy New Year y’all. I wanted to keep up with what I’ve been doing lately and look at some of the arrests over big holidays/event weekends. I suspected that we would see a lot of DWI arrests over New Year’s Eve weekend, and in my opinion, we did. I looked at the arrests for Friday, Saturday, and Sunday. Friday was the lightest of days with a total of 35 arrests. More than anything else I was interested in DWI arrests because I figured there would be a lot of people drinking and driving over that holiday weekend.

Out of those 35 arrests on Friday, only four were DWI arrests. Friday was not that bad. 35 Total arrests with only four DWI cases, which is probably about the same as a normal weekend. Then Saturday stepped it up a little bit. Saturday, we had a total of 57 arrests out of those 57, nine were for driving while intoxicated.

You’ve got to keep in mind that when I say Friday, Saturday, and Sunday, it stops at midnight. A lot of these on Saturday look like they were between midnight and 3 in the morning. Out of nine total, about half of them happened in the middle of the night. The rest were during the day. The biggest number comes from Sunday, technically, but remember the first started at midnight.

We had a total of 12 DWI arrests on that Sunday the first of the year. Out of those, 11 of them took place overnight. That is a huge number to me, to get 12 DWIs in one night is a big number to make. So y’all can go back and look at other holiday weekends I’ve done and see what the numbers were but 12 seems like a very high number to me.

## Innocent Until Proven Guilty

Now when I do these videos looking at the arrests, it reminds me of something that I’ve had to talk to some clients about recently. That is, you know when someone’s charged with a crime, in our system of justice, you are innocent until proven guilty.

For some reason, it seems like social media is helping erode that. What I mean is when you see various Facebook groups or just people’s posts, and you see someone post about an arrest of a suspect for a crime. If you start looking at the comments, and this happens in the comments section for the daily news online publication as well, you see people commenting, calling the suspect a POS or you know, saying various negative things about people.

What comes to mind is a recent one that happened, there was a prostitution sting and people had lots to say about the men that were arrested. Again, because someone is charged with a crime, doesn’t mean they’re guilty of that crime. I’ve had instances over the years where I’ve had to write letters on clients’ behalf to their employers, reminding them that a charge is merely a charge, it’s an accusation, it is not a conviction, and cannot be held against someone.

Under our system of justice, you’re innocent until proven guilty. I get frustrated sometimes when I see all these posts on social media labeling someone one way or another because of a charge. When I look at all of these arrests, I see the DWIs like I said 12 seemed like a high number for me on January 1. I didn’t say any of the 12 people that were arrested were guilty. We don’t know, I don’t know anything about their cases. I know the person’s name, what time they were arrested, and a basic location of where they were arrested. I don’t know anything else about their case.

I certainly wouldn’t say any of these people are *guilty* of driving while intoxicated, they did get arrested for driving while intoxicated, but that does not mean they committed the offense. This is hard for us as defense attorneys to go over when we’re picking juries because it’s important that as prospective jurors, the people realize that a charge is merely a charge. It is not evidence of guilt.

I think about that, from time to time. As you know I always look at these arrests, I see all the arrests in the newspaper, all the crime stories, I look at everything just like everyone else does, and I probably pay a little more attention because it’s what I do for a living. The other thing I like to do is look at the online version of the paper, and on Facebook at the comments that people make, to try and get an idea of what people’s mindsets are.

I wish everyone would always remember that any accused citizen is innocent until their guilt has been proven beyond a reasonable doubt in front of the jury. If you look at public records, you will see cases get dismissed all the time. If you look at the reason for the dismissal, sometimes the reason is insufficient evidence. If you follow us, you see that we’ve gotten a couple of not-guilty verdicts recently. Which means that the person was accused of a crime and later found not guilty.

One of those was one of my clients charged with murder. The jury acquitted him of that murder. He was found not guilty of murder. Another one was a young man accused of sexual assault of a child. He was acquitted of that. I imagined that, especially with the kid charged with the sexual assault, there were people in his life and his family’s life that had labeled him a monster. Then, of course, he is found not guilty.

It’s just an important concept that runs throughout our judicial system. I wish you would all keep that in mind before you comment on people’s situations. Once they find themselves charged with a crime it’s a long and serious process. A lot of times people are vindicated and found not guilty of what they were charged with. Just keep that in mind. Again, happy New Year. Hope y’all have a great year. I’ll be back as soon as I have a new topic.

## Contact Galveston DUI Defense Attorneys

Some people think a DWI charge is no big deal, especially if this is their first offense. But even if you manage to avoid jail time, having a DWI on your record can follow you for a long time and negatively affect many aspects of your life. The truth is, you have every right to fight a DWI charge in court, and a qualified Galveston DWI and drunk driving lawyer can help.

[Galveston DWI lawyer](/dwi-charges/) Mark Diaz and his team will work tirelessly on your behalf to obtain the best possible outcome for your DWI case. [Contact us today](/landing-form/) to schedule a free consultation so we can sit down and learn more about your situation.

**Categories:** Holiday Crimes

**Tags:** New Years Eve

---

### [How Big Is The Drug Trafficking Problem In Galveston County?](https://texascriminaljustice.com/how-big-is-the-drug-trafficking-problem-in-galveston-county/)

**Published:** January 17, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2023/01/Diaz-3-How-Big-Is-The-Drug-Trafficking-Problem-In-Galveston-County_January-2023-1.jpg "drug trafficking")Drug trafficking is a significant problem in Texas and is becoming particularly acute in Galveston County. Learn more about the drug trafficking issue in Galveston County and related information below. If you think you were wrongfully charged with drug trafficking, it is vital to take action immediately. The [Galveston drug trafficking lawyers](/drug-trafficking/) at Mark Diaz & Associates can help.

## What Is Considered To Be Drug Trafficking in Texas?

Drug trafficking means transporting and distributing illegal drugs, such as heroin, methamphetamine, marijuana, cocaine, and more recently [Fentanyl](https://www.dea.gov/factsheets/fentanyl). You also can be charged with drug trafficking in Texas if you sell prescription drugs that are not yours. Drug trafficking is illegal under Texas and Federal law.

You can be charged with drug trafficking if you do the following, according to Texas law:

### Transport Drugs

If the state or federal authorities catch you possessing and moving narcotics in Galveston or elsewhere, you are transporting illegal drugs. For the prosecutor to convict you, you need to have done the transportation on purpose. While they can charge you with a crime, your Galveston drug trafficking defense attorney may show you did not know that you had the drugs.

For example, perhaps you were told by your employer to take a company vehicle from Moody Mansion or Moody Gardens in Galveston to the [Houston International Airport](https://www.fly2houston.com/iah/overview). However, you were not told there were 10 kilograms of cocaine in the trunk. Your attorney will try to prove you did not know about the drugs.

### Distribute Drugs

The law states that distributing drugs means selling them or giving them to another person to sell. So, you can give drugs to an associate to sell, and you still may be convicted for Galveston drug trafficking.

### Possess Drugs With The Intent To Sell Them

This is often a gray area where a drug possession charge can turn into a more severe drug trafficking one. Possession with the intent to sell drugs requires the prosecutor to prove they were intended for commercial sale, not personal consumption. It is common for law enforcement to threaten this charge to elicit a confession. So, you should always demand to speak with an attorney before providing information to the police that undermines your case.

## How Much Drug Trafficking Is There In Texas?

Because of its proximity to the Mexico border, Texas and Galveston are significant centers of drug trafficking. Millions of dollars of narcotics are smuggled into the Galveston area every year.

## Evidence Growing Of Increasing Drug Trafficking In Houston And Galveston

A recent example of the growing drug trafficking problem in the area was seen during a major drug bust in neighboring Harris County. [Federal agents arrested a total of 50 people](https://www.click2houston.com/news/local/2022/03/02/50-people-charged-in-multi-agency-drug-bust-in-houston-galveston-area-us-attorney-says/) at the end of 2021. The suspects were arrested in Houston and Galveston and were allegedly involved in drug trafficking in Houston and Galveston.

The federal indictment alleged that the suspects were trafficking cocaine, methamphetamine, fentanyl, marijuana, and heroin. They also may have committed money laundering and illegally smuggled money from the US to Mexico to aid with drug trafficking operations.

The federal agents seized at least 150 kilograms of cocaine, 140 kilograms of methamphetamine, and 18 kilograms of fentanyl and heroin. They could receive up to life in prison and pay millions in fines if convicted.

Also, the [Department of Justice](https://www.justice.gov/usao-sdtx/pr/crack-ring-indicted-selling-drugs-galveston-county) recently reported they prosecuted a Galveston drug trafficking ring for preparing and trafficking cocaine to people who live in Texas City and La Marque. The federal government alleged that the seven suspects conspired to distribute cocaine powder in Texas between 2017 and 2019. Some of the men also were charged with trafficking crack and money laundering.

All suspects, in this case, face between 10 years and life in prison, as well as up to $10 million in fines. Those charged with additional federal crimes could receive 20 years and up to a $1 million fine.,

## How Do You Prove Drug Trafficking?

Drug trafficking is related to drug possession. It requires that the accused was in knowing possession of illegal drugs. So, you cannot be a drug trafficker if you did not know that you have the drugs. Or, you may have thought the drugs you had on you were legal.

Drug trafficking requires the Galveston prosecutor to prove that you worked to sell, transport, or import the drugs. Or you intended to sell or deliver the narcotics. If you did the latter, this makes the crime a felony.

Drug trafficking and drug possession can seem similar when you first look at it. But prosecution for drug trafficking in Galveston requires the justice system to show more evidence to show that you possessed drugs with the intent to sell them. Evidence suggesting drug trafficking includes the presence of scales and small plastic baggies when you were arrested.

The prosecutor may also need to show you had a lot of cash. Or, you had business records showing all of your sales and purchases. The state or federal government also may use witness testimony of who bought or sold your products or knew about the drug trafficking operation.

## What Happens In Texas With A Drug Trafficking Charge?

The courts in Texas take drug trafficking charges seriously. The sentencing guidelines for drug trafficking are laid out in the [Texas Health and Safety Code](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm). The penalties for a drug trafficking conviction depend on the type of drug involved, how much you possessed, and the number of previous offenses. It also matters whether the drug offense happened in a school zone.

The outcome of your drug trafficking case can be severe. Possible penalties include being convicted of a felony. Sentences begin at six to 12 months in jail and a fine of $10,000 for a state jail felony conviction. However, more significant drugs may require a state or federal sentence of 25 years and hundreds of thousands in fines. The worst penalty for a first-degree felony could be a life prison sentence and at least a $250,000 fine.

## When Does A Texas Drug Trafficking Charge Become Federal?

A severe drug crime such as drug trafficking can be prosecuted in federal courts when the federal government wants to take the case. However, the feds get involved in many cases when the drugs cross state lines. Or the drug offense occurred on federal property.

Of course, a lot of drug trafficking involves moving drugs over long distances, so it is a good question why not all drug trafficking charges are prosecuted federally. Generally, the federal government is interested in larger drug trafficking cases. Smaller ones tend to be prosecuted in the state courts.

## What Are Common Mistakes When Arrested For Drug Trafficking?

If you are arrested for drug trafficking in Galveston, you face a severe problem. But the situation worsens if you make the following common mistakes.

First, you should never talk to the police during or after the arrest. Some drug trafficking suspects think they can convince the police that they are innocent. This is never the case. Talking to the police without an attorney will only put you in a deeper hole.

The police will use anything you say against you. If they arrest you on drug trafficking charges, they want to ensure you are convicted. So, you are always better off being silent and calling your attorney.

Second, you should not wait until the state charges you with drug trafficking to talk to a lawyer. You might think the police will change their mind or not get the needed evidence, so you can wait to see what happens. No, it is best to call your attorney once you are questioned about a drug trafficking charge. The more time the attorney has, the more likely he can build a strong defense.

Third, it is a mistake to try to talk to the witness that accused you of drug trafficking. If you speak to the victim, you could get them to drop the charge. The problem is this can make your situation even worse. If you try to talk to a witness, you could also be charged with witness tampering.

Plus, trying to talk to the witness may only anger them and worsen the situation. They might call the state attorney and make it even harder for your attorney to clean up the problem.

Waiting to see what the public defender can do before calling an attorney is a mistake. The damage will likely be done if you wait. Once the public defender has done discovery and received a potential offer, that may be a ‘take it or leave it’ situation.

## Talk To A Galveston Drug Trafficking Lawyer Today

Anyone charged with drug trafficking in Galveston faces many years in prison. Plus, you will have a felony criminal record and deal with many future life challenges. But it does not need to be this way. You should retain a Galveston drug trafficking lawyer from Mark Diaz & Associates to protect your freedom.

Our Galveston drug crime attorneys will fight your drug trafficking charge in Galveston and Texas City, Tiki Island, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, San Leon, Dickinson, Kemah, Clear Lake Shores, League City, and Friendswood. [Contact us today](/domestic-violence/) at (409) 515-6170 for legal assistance.

**Categories:** Drug Trafficking Lawyer

---

### [What Is Disorderly Conduct And How Serious Are The Charges?](https://texascriminaljustice.com/what-is-disorderly-conduct-and-how-serious-are-the-charges/)

**Published:** January 30, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![disorderly conduct](https://texascriminaljustice.com/wp-content/uploads/2023/01/Diaz-1-What-Is-Disorderly-Conduct-And-How-Serious-Are-The-Charges_February-2023.jpg "disorderly conduct")Being annoying to others and disrupting the public might seem like minor issues. However, in Texas, [several laws criminalize some of this disorderly behavior.](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#:~:text=(a)%20A%20person%20commits%20an%20offense%20if%2C%20with%20intent,is%20a%20Class%20B%20misdemeanor) You could be charged with disorderly conduct if the activity meets the legal definition. When you face a disorderly conduct charge, it is time to seek legal defense. Our [Galveston County criminal defense lawyers](/) at Mark Diaz & Associates will fight for your rights today.

## Disorderly Conduct Definition

Texas laws against disorderly conduct are detailed in the [Texas Penal Code](https://statutes.capitol.texas.gov/?link=PE) section on Offenses Against Public Order And Decency. You may be arrested for disorderly conduct and face severe consequences for what you thought was a minor disturbance. The law states that you can be charged with disorderly conduct if you did any of the following knowingly or intentionally:

- Used foul or indecent language that incites others to breach the peace
- Displayed offensive gestures in a public area and the gesture tends to incite an immediate breach of the peace
- Created, by chemical means, a noxious and unreasonable odor in a public place
- Abused or made threats to a person in a public place in an obviously offensive manner
- Fought with someone in public
- Fired a gun in a public place other than at a sport shooting range, as defined by the law
- Displayed a gun in a public place in a way designed to alarm the public
- Exposed your genitals in a public place and you’re reckless about whether another may be present who will be offended or alarmed by the act
- If done for lewd or unlawful purpose, if you enter on the property of another and look into another’s home on said property through any window or other opening in the home (i.e. commonly referred to as “peeping” or “peeping toms”)

## Various Offenses Identified Under the “Disorderly Conduct” Statute

There are many other criminal offenses identified under the statute, or law, for Disorderly Conduct. These crimes fall under the umbrella term of “disorderly conduct” but are more specific in nature and each penalized differently. Some examples of these more specific disorderly conduct crimes include:

### Riots

If you knowingly participate in a riot – meaning, seven or more people assemble to engage in conduct that creates an immediate danger to property or injury to persons – you could be arrested and charged with a Class B misdemeanor

### Funeral Picketing

The state recently responded to specific groups who picketed funerals by enacting new laws to criminalize this behavior. They passed a law that bans “picketing” at funerals.

“Picketing” under the law is defined as standing, sitting, repeated walking, riding, driving, or other similar action by a person displaying/carrying a banner, placard, or sign; engaging in loud singing, chanting, whistling, or yelling with or without noise amplification through a device like a bullhorn or microphone; blocking access to a facility or cemetery being used for a funeral service.

This law applies to those “picketing” within 1,000 feet of a facility or cemetery being used for a funeral service for three hours before and after the scheduled time of the funeral service.

### False Report

Making a false report to the police, such as to 911, is a form of disorderly conduct. Put generally, this offense is committed when a person makes a false report to the police or fire department, and in doing so, knowingly communicates a false emergency that would normally cause the police or fire department to act. This means, even making a prank phone call as a joke may result in a criminal charge under this section of the law.

## What Are the Penalties for Disorderly Conduct?

Disorderly conduct can be a serious charge. Many types of disorderly conduct offenses are charged as [Texas Class C misdemeanors](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm). If so, you may have to pay a fine of up to $500 and if convicted, the charge will be on your record. For Class C misdemeanors, however, you would not receive jail time. Other types of disorderly conduct offenses are penalized at higher levels, though. Some of the more severe penalties for these other types of cases include:

- Class B misdemeanor: Up to six months in jail and a possible fine of up to $2,000, such as obstructing a highway.
- Class A misdemeanor: Up to one year in jail and a possible fine of up to $4,000, such as firing a gun in the city of Houston.
- Abuse of a corpse: This is a state jail felony, and you can get up to six months to two years in State Jail, which is a TDCJ unit, also known as prison. You could also face up to a $10,000 fine in addition to the jail sentence.
- Third-degree felony: Prison sentence of no less than two years and no more than ten years, and a possible fine not to exceed $10,000. An example would be making a false report of a criminal offense to the police, the police respond, and as a direct result of that lawful police response, a person suffers serious bodily injury or death.

Another disorderly conduct offense that has been in the news lately is pointing a laser at police or other public safety officers. This is generally classified as a Class C misdemeanor but may be charged as a first-degree felony if you cause serious bodily harm to the officer. A First-Degree Felony offense is penalized at no less than five years and no more than 99 years in prison, and a possible fine not to exceed $10,000.

## How Do You Fight a Disorderly Conduct Charge In Texas?

Disorderly conduct is a serious charge, but there is hope. The state has to prove every part of the charge beyond a reasonable doubt before you can be convicted. You have your first chance to defend yourself at the hearing when the county prosecutor presents the case against you.

The state’s case is your state of mind at the time of the charge. The law requires the state to show that you engaged in behavior knowingly or intentionally. Also, there are other ways you can defend yourself against this charge:

- Some of the behavior listed in the statute requires the state to prove certain elements such as whether the act was “offensive” or whatever it happened in a “public place.” In these situations, your criminal defense attorney may fight the charge because of the state’s inability to prove these elements.
- The First Amendment of the US Constitution protects the right to free speech. Therefore, you could have a valid constitutional defense if your speech is classified as protected speech.
- Arguing self-defense is possible when you contest a disorderly conduct charge if you were trying to protect yourself or others.

## Why You Need An Attorney To Fight Disorderly Conduct Charges

Most disorderly conduct charges are misdemeanors but do not think it is not a serious charge if it is ‘only a misdemeanor.’ On the contrary, being convicted of a misdemeanor can still leave you with fines, jail time, and a criminal record.

The good news is you can often beat a disorderly conduct charge if you retain an experienced criminal defense lawyer early on. Hiring a skilled attorney is well worth the investment because it can often lead to a reduced or dismissed charge. However, it is critical to hire an attorney as soon as possible. If you wait, there is a chance you will say or do something that makes a conviction more likely.

If you have yet to hire an attorney, there are several tips to follow. This will minimize the chances that you say or do something that damages your defense:

### Do Not Say Anything to The Police

Under the Fifth Amendment, you can remain silent when you are arrested. You should only provide the police with a statement with your lawyer present. Even if the police do not read your Miranda rights, you should not say anything. Understandably, you want to say you are innocent, but you may harm your defense.

### Do Not Resist Arrest

A disorderly conduct charge can only be made worse by resisting arrest. Also, do not get into disagreements with the police. Disobeying police instructions only leads to more legal problems. If you are charged with resisting arrest or evading arrest in Texas, it is a Class A misdemeanor.

## Contact Our Galveston County Criminal Defense Lawyers Now

Were you charged with disorderly conduct in [Galveston County](https://www.galvestoncountytx.gov/) near Moody Gardens or Galveston Island State Park? You face a serious charge and consequences that could impact you for years.

Our Galveston criminal defense lawyers are dedicated to pursuing every legal option to aggressively fight your disorderly conduct charge. Do not delay. [Contact Mark Diaz & Associates today](/landing-form/) at (409) 515-6170.

**Categories:** Disorderly Conduct

**Tags:** disorderly conduct

---

### [Is Drug Trafficking In Texas Increasing?](https://texascriminaljustice.com/is-drug-trafficking-in-texas-increasing/)

**Published:** February 20, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2023/02/Diaz-4-Is-Drug-Trafficking-In-Texas-Increasing_February-2023.jpg "drug trafficking")Texas shares a 1,000-mile border with Mexico and has a high level of illegal drug activity in this area. Drug trafficking has increased in the United States for years, and more drugs are moving in and out of Texas.

This blog post details some current drug trafficking statistics in the Lone Star State. Also included is information about drug trafficking generally in the state. If you have been accused of a drug crime in Texas, you should speak to a [Harris County drug trafficking attorney](/drug-trafficking/) at Mark Diaz & Associates.

## How Is Drug Trafficking Defined in Texas?

Drug trafficking means transporting or distributing illicit drugs, including cocaine, methamphetamine, and heroin. You also can be charged with drug trafficking if you illegally sell prescription drugs, including opioids.

Drug trafficking is a form of drug possession. It also is a felony under federal law to engage in drug trafficking.

## Drug Possession vs. Drug Trafficking

When Texas law enforcement arrests you and finds illegal drugs on you or in your vehicle, they will probably charge you with drug possession. However, state prosecutors may also look for circumstantial evidence that you planned to traffic the drugs.

For example, if you had many plastic baggies and a scale in your trunk, this could be evidence that you intended to sell the drugs. The consequences for drug possession are much lighter than for drug trafficking. Your criminal defense attorney will try to ensure you are only charged with possession, if possible.

## Drug Trends In Texas For 2021

A recent report titled ‘[Drug Trends in Texas 2021: A Report To The National Drug Early Warning System](https://socialwork.utexas.edu/wp-content/uploads/2021/07/texas-drug-trends-2021.pdf)’ reveals some of the latest drug trafficking and possession statistics in the state. Some of the top-level findings include:

- Methamphetamine production and use is the most common drug in the four-drug reporting systems. In addition, crimes involving meth continue to rise, which is similar in other states.
- Reports on heroin possession and trafficking also have been rising, but there was a decline in poison center reports.
- Cocaine reports are declining in Texas, but there have been spikes in overdose deaths.
- Marijuana possession and trafficking reports have not risen recently.
- Fentanyl use and trafficking are rising. It is often used to cut heroin, which increases profits. However, fentanyl overdoses leading to severe injury and death are rising.
- Benzodiazepine reports are declining, but there is an increase in alprazolam overdose fatalities.

## Methamphetamine: The #1 Drug Trafficking And Possession Threat in Texas

The report stresses that methamphetamine is currently the state’s #1 illegal drug threat. Mexican drug cartels continue to pour large amounts of meth into the state. The report also notes a high drug availability for trafficking, which lowers the price.

Methamphetamine is coming into Texas in ‘ice’ form and also in a form suspended in solution. The drug is trafficked into the United States because the primary ingredient, [phenyl-2-propanone (P2P)](https://www.ojp.gov/ncjrs/virtual-library/abstracts/differentiation-illicit-phenyl-2-propanone-synthesized-phenylacetic) is against the law in the US. Also, producing meth with P2P requires a lot of skill and experience. The report notes that 98.6% of methamphetamine samples recovered in 2020 were manufactured from P2P.

Over time, the report continues, the types of meth items seized by the police have evolved. In 2005, meth was 21% of all illegal drugs pinpointed by DEA labs. In 2019, meth was 50% of everything the labs tested.

Unfortunately, meth seizures along the southern border are rising as of 2020. The El Paso Intelligence Center states there could be a link between meth and heroin seizures; Mexican crime gangs and drug traffickers are expanding user markets. They also are moving into other illegal drug product lines. This ensures their costs stay low and profits high.

## Drug Traffickers Looking To Cocaine And Heroin

The DEA notes in the report that drug traffickers in Mexico are changing from methamphetamine to heroin and cocaine for one reason: Meth prices in the US are low. This allows Mexican traffickers to diversify their product lines and expand in new markets where fewer people take methamphetamine.

There is more availability of liquid methamphetamine and conversion laboratories on the US side of the border. The liquid type of meth is smuggled from Mexico into Texas and turned into crystal form in conversion labs.

Also, meth admissions are rising in Texas. They rose from 3% of all admissions in 1995 to 11% in 2007. They then rose another 22% in 2020. These facts suggest that methamphetamine use and trafficking have soared over the years.

## Fentanyl Use And Trafficking Rising

The drug report states that there has been an increase in the use of fentanyl. This is mainly because the drug is used to dilute heroin and increase profits. Unfortunately, cutting heroin with fentanyl can be deadly. Fentanyl mixed with heroin can cause fatal side effects in low doses.

The report also found that cocaine possession and trafficking have declined in the last 20 years. In 2004, 25% of Texas drug admissions involved cocaine. In 2020, it was only 7%.

## Drug Trafficking Charges In Texas

As the report above notes, there is a rise in overall illegal drug use and trafficking in Texas. However, sometimes people are wrongly charged with drug trafficking. Drug trafficking in Texas is a serious charge, and if you are suspected of this crime, you should talk to a Harris County criminal defense attorney. The penalties for a drug trafficking conviction in Texas are severe. For example:

- If you are convicted of selling less than one gram of cocaine, meth, or opiates, you can get between six months and two years in jail. In addition, the fine is up to $4,000.
- If you are convicted of selling between 4 and 400 grams of hallucinogens, you can get five to 99 years and a fine of up to $10,000.
- If you are convicted of selling 28 to 200 grams of prescription drugs, you can get two to 20 years and up to a $10,000 fine.

## How Can A Criminal Defense Attorney Fight The Charge?

One of the first steps your criminal defense attorney will take to fight your drug trafficking charge is to review how the police gathered the evidence. The police could have violated your Fourth Amendment rights when they conducted the search and seizure of the evidence. If they did not follow the correct procedures, your attorney might be able to suppress the evidence in court.

Also, some drug trafficking arrests happen after a confidential informant offers information to law enforcement. Your drug trafficking defense attorney will review the informant’s statements to determine if they are truthful.

Another possible defense to drug trafficking charges is the drugs belonged to someone else. For example, if the police find an ounce of cocaine in your apartment that you share with someone else, the drugs may belong to the other person.

## More Tips To Beat A Texas Drug Trafficking Charge

A drug trafficking charge is a grave situation. But there are ways you can reduce the chances of a conviction:

### Hire A Drug Trafficking Defense Lawyer Immediately

You should hire an experienced drug trafficking defense lawyer in Harris County immediately. You must retain a lawyer as soon as you can after your arrest. Many legal experts say that the best time to hire your lawyer is after you post bail. If you delay until the indictment, much time has been lost. Also, delaying hiring a lawyer increases the odds that you will say something to the police that hurts your defense.

### Collect Evidence

Evidence disappears as time passes. If you do not gather evidence quickly, it may be harder for your attorney to defend you. For instance, if you face a drug trafficking charge, your attorney will want to have the drugs tested by an independent laboratory to prove they are indeed what the police claim. If you have an alibi, you can forward the information to your lawyer to prove you were in another place when you were arrested.

### Question Confidential Informants

Texas law enforcement is often suing confidential informants to secure drug trafficking convictions. However, you have a right under the Sixth Amendment to question those who accuse you of crimes. If you can identify the confidential informant, you have exposed them. The state prosecutor might offer to provide you with a better plea deal for not revealing this information.

### Offer Substantial Assistance

If the police have a strong case for drug trafficking, getting the charge dismissed may be challenging, even with an excellent attorney’s help. However, you may be able to offer the police ‘substantial assistance.’ This means providing law enforcement with information that leads to someone else’s arrest in the drug trafficking organization.

Providing substantial assistance is vital to reducing the charges against you. But you should only provide information to the police with your attorney present.

## Contact Our Harris County Drug Trafficking Attorney Now

A Texas drug trafficking charge is a huge problem, but now you know what to do if you are charged with this crime. The most important thing to remember is to only talk to the police with an attorney present. Our Harris County drug trafficking lawyers are ready to fight for your legal rights. Please contact [Mark Diaz & Associates today](/landing-form/) at (409) 515-6170.

**Categories:** Drug Trafficking Attorney

**Tags:** Drug Trafficking

---

### [Galveston Arrests over Mardi Gras Weekend](https://texascriminaljustice.com/galveston-arrests-over-mardi-gras-weekend/)

**Published:** February 21, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Mardi Gras](https://texascriminaljustice.com/wp-content/uploads/2023/02/shutterstock_403206001.jpg "Mardi Gras")Hello everybody and happy Valentine’s Day 2023. Those of you that live here in the county know that it’s Mardi Gras. Last weekend was the first weekend, next weekend will be the second weekend, and then, of course, [Fat Tuesday](https://en.wikipedia.org/wiki/Mardi_Gras). So in keeping with some videos I’ve done recently on holiday weekends, I reviewed the arrests over the first weekend of Mardi Gras. It seems like it was a pretty active weekend for law enforcement. I looked at Friday, Saturday, and Sunday, like I usually do, and for the total, we had 183 arrests. Seems like a really big number to me.

### Galveston County Mardi Gras Arrests

Out of that information, I looked for DWI, because alcohol is consumed heartily during Mardi Gras. I’ll break down each day. Friday, we had 47 arrests. Saturday was the biggest day with 71 arrests. Then Sunday 65 arrests. Friday, we had 8 DWI arrests. Saturday, we had 11 DWI arrests. Sunday, we had 17 DWI arrests. In total, we had 36 DWI arrests from Friday to Sunday. Which again, seems like another big number to me. 36 DWIs over the three days, and 183 Total arrests, means that there was obviously a lot of other activity going on as well.

I’ll kind of go through some of it. All I can see is the name of someone who was arrested, what time they were arrested, and sometimes the location where they were arrested. Nothing stood out about Friday. There were 8 DWI arrests but nothing jumped off the page at me. There were a decent number of what they call municipal holds, which is generally GPD will arrest someone on something simple, it could be assault, could be public intoxication or something that’s a Class C. Their conduct led to their arrests, but it doesn’t necessarily lead to an actual criminal charge.

On Saturday there was a DWI arrest that caught my attention a little bit. The person was arrested for a DWI and then also arrested for a prohibited substance in a correctional facility. In prior cases that I’ve had, that usually means someone was arrested and tried to bring a substance into jail with them. I don’t know if that’s what happened to this person. That’s what it looks like because the original arrest was for driving while intoxicated, but then at the jail, another charge was added and I can see that was at the jail by the address where the person was booked.

There was another one that stood out on Sunday, which was the largest day for DWI arrests. However, you have to remember that Sunday starts at midnight. So we had a whole bunch of arrests two minutes after midnight, 15 minutes after midnight, 41 minutes after midnight, 1:51 a.m., 2:28 a.m. One of those arrests also led to an unlawful carrying of a weapon.

Sometimes that is a license holder, who was deemed to be intoxicated while driving and they have a concealed carry permit or license to carry, and then charged with unlawful carrying of a weapon because they were carrying a weapon while they were intoxicated. I don’t know if that’s the case here but it does happen.

Anyway, then we go to 4:00 a.m. Another one at 8:03 a.m., and 10:37 a.m., and then it only looks like there were a few arrests on Sunday evening. So Sunday starts at midnight. Most of those were people that have been out from earlier in the evening, maybe at Mardi Gras.

### Municipal Holding

There was a whole slew of people on Saturday night that was arrested on a market street near 24th down there in the Mardi Gras area. 7 people were put in municipal holding by GPD. Again, it was a municipal hold, which means they were ticketed, but they were arrested. That could have been anything from fighting to public intoxication but due to the location of the arrest, I can see that it was downtown where most of the festivities were.

There was one other interesting arrest and it was a DWI and then an added charge of possession of marijuana, four ounces to five pounds. This just stood out because you don’t see a whole lot of marijuana arrests anymore. Because the charge is four ounces to five pounds, I don’t know if we’re closer to four ounces or five pounds. That piled on that person’s list of problems. Likely they were stopped for DWI, and somehow that led to the discovery of marijuana inside the car. Typically, it’s because an officer says he could smell it and then uses that as justification to search the car. That was a little bit after midnight on Friday, and that was here on the island. I don’t know if it was closer to four ounces or closer to five pounds, but we don’t see a whole lot of marijuana cases anymore.

Other than intoxication matters. There were a couple of municipal holds that I could tell were public toxication because the arresting officer listed them as such. There was one and this one’s kind of interesting, but it’s a person who was arrested on the charge of public intoxication with three prior convictions, which just raises the punishment level. I’m guessing that person is somehow known to law enforcement, to have been arrested three separate times for public intoxication. We don’t see that a whole lot.

It was overall what I consider to be a big law enforcement weekend, which means law enforcement was out in large numbers here in Galveston. I did not have time before I came on this Facebook Live to go back and look, but if my recollection is correct, this was much bigger than the biker rally was. 183 Total arrests from Friday to Sunday, a total of 36 DWIs with Saturday night, and Sunday morning being the big concentration of DWI stops and arrests. I’ll keep a lookout this weekend, see what the numbers are, and try to get with y’all next week and tell you what I found. I hope you have a good week and again, Happy Valentine’s Day.

### Contact Mark Diaz & Associates For Help With Galveston Criminal Charges

[Mark Diaz and his team](/landing-form/) specialize in criminal defense in Galveston County and the surrounding area. If you have been charged with DWI, drug possession, assault, or any other crime, call us at (409) 515-6170.

**Categories:** Local Events

**Tags:** Mardi Gras

---

### [Assault With A Deadly Weapon Sentence In Texas](https://texascriminaljustice.com/assault-with-a-deadly-weapon-sentence-in-texas/)

**Published:** February 27, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/02/Diaz-1-Assault-With-A-Deadly-Weapon-Sentence-In-Texas_March-2023.jpg "assault")If you are charged with assault with a deadly weapon in Galveston County, you face years in prison, thousands in fines, and a permanent criminal record that could hold you back forever. However, the state must prove beyond a reasonable doubt that you committed the crime and did so with intent and understanding of what you were doing. Now is the time to contact our [Galveston County assault defense lawyer](/assault-and-battery/) at Mark Diaz & Associates to build the best defense against this serious charge.

## What Is Assault In Texas?

There are three types of assault in Texas. The first is simple assault. It means that you knowingly, intentionally, or recklessly caused contact with an individual that the individual found offensive. It also is simple assault if you just threatened to do so. There does not need to be physical contact for you to be convicted of this charge.

Many kinds of physical contact can be simple assault, even without violence. For instance, threatening to hurt someone is enough to get charged with simple assault. Likewise, a simple shove with no other physical abuse could lead to a simple assault charge.

Simple assault is a Class C misdemeanor that is punishable by a fine up to $500 only.

The next type of assault is assault causing bodily injury. Bodily injury is unusually defined in the code as physical contact that caused pain, whether an injury occurred or not. This is a Class A misdemeanor that can be punished by a year in jail and a $4,000 fine.

The other type of assault in Texas is aggravated assault. This means you have caused serious bodily injury, OR, you used or brandished a deadly weapon during the incident. Serious bodily injury also means the injury caused by permanent disfigurement, capable of causing death, or damage or impairment of a bodily organ. The intent is a critical part of proving this charge in court.

## Texas Assault With A Deadly Weapon Laws

Texas law states that assault with a deadly weapon may be a first-degree felony if the following conditions apply:

- You caused ‘serious bodily injury’ to the body of your spouse, former spouse, domestic partner, or another member of the family.
- You caused serious bodily injury to a Texas public servant working in their official capacity.
- Additionally, you recklessly discharged a firearm from a car toward someone’s home, business, or another vehicle. This conduct led to serious harm or injury.

Even if you only are charged with a second-degree felony, you could receive up to 20 years in state prison. Plus, the fine can reach $10,000. It is also what was known as a 3g offense which impacts parole eligibility.

Also, assault with a deadly weapon is a first-degree felony if you were in a car and fired a gun at or in the direction of another vehicle, building, or habitation and there was a serious bodily injury.

## What Is A Deadly Weapon In Texas?

The [Texas Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm) states that a deadly weapon is a gun or anything that is designed or made to cause serious injury or death. Some of these include:

- Gun: Any firearm created or designed to fire a projectile by using force created with a burning substance or explosion.
- Silencer: A device made or designed to reduce the noise that is released from a gun.
- Explosive device: Includes a bomb, grenade, landmine, or rocket that was made to cause serious bodily harm or death.
- Handgun: A firearm created or designed to be used with one hand.
- Fake bomb: A device that looks like an explosive device intended to cause a public emergency.
- Brass knuckles: A device made with finger guards, rings, or various hard substances intended to cause severe injury or death.
- Knife: A hand instrument with a blade that can cause serious bodily arm or death with a cutting or stabbing motion.
- Device for tire deflation: A device that causes a motor vehicle to have a deflated tire by driving over it, such as spike strips.

## What Are The Penalties For Assault With A Deadly Weapon?

If convicted of assault with a deadly weapon, you can get five to 99 years in prison. So, you and your criminal defense attorney must take this charge seriously. You must retain an attorney before answering questions from law enforcement. Intent matters. The charge requires that you caused the injuries on purpose and with the intent to cause severe injury or death.

## Common Defenses For Assault With A Deadly Weapon

What can our Galveston County assault defense lawyer do for your case? First, he will review all case details and the facts. Then, there could be circumstances that law enforcement still needs to discover. Or, there may be witnesses that can aid your defense. Finally, your lawyer may use one or more of these defenses in your case:

- You acted in self-defense: You can use deadly force in Texas if you were defending yourself from serious injury or death.
- Lack of intent: Your attorney might have the charges reduced or dropped if you can prove that you did not intend harm.
- There was no deadly weapon: If you can prove there was no fatal weapon, the charges may not be as severe.
- Mistaken identity: If you were misidentified as the perpetrator, it is possible to have the case dismissed.

You were unaware the person was a public worker or civil servants: If the prosecutor cannot prove that you committed the crime knowing the person was a public servant, the charges could be reduced. [Section 22.02](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) states that the law presumes you knew the person was an officer or public servant if they were wearing a badge or uniform.

No evidence: The Galveston County prosecutor must prove you were responsible for the assault. If they do not have proof beyond a reasonable doubt, they may be unable to prove the charges.

You had consent: Consent is a defense under the law when there is assault. However, if you can show your conduct did not cause serious bodily harm or threaten serious bodily harm, or the victim knew the risk, the case could be dismissed.

Your attorney may also work with the prosecutor to negotiate a lesser charge or even dismiss the case. Also, sometimes in a domestic dispute, the victim may decide not to press the case. The alleged victim may tell the prosecutor that they want the case dropped. The prosecutor, however, can still prosecute the assault case if they decide to do so.

The alleged victim lacks the legal authority to drop such a severe charge. Only the county or state prosecutor can drop the case. Sometimes, the state will proceed with an assault case even if the alleged victim wants it stopped.

## Consequences For Assault With A Deadly Weapon Conviction

The laws of Texas offer alternatives to prison or jail sentences for someone who has been convicted of assault. If you plead guilty or are convicted, you could have probation instead of jail. This could be for up to 10 years. Or, the court can order you to spend time in prison before starting probation. The minimum would be 180 days for a felony.

You have to complete your probation and other conditions the court imposes. Or, the court can send you back to jail. If you get community supervision, you must meet regularly with a probation officer. You also are required to pay probation fees and obey all probation conditions. Some of these may include keeping a job, getting anger management or alcohol treatment, obeying a curfew, and submitting to periodic drug tests.

Furthermore, being convicted for this charge means being saddled with a permanent criminal record. A felony conviction can make it much more difficult to stay employed, get a job, vote, rent an apartment, etc.

## How To Reduce Assault With A Deadly Weapon Charge To A Misdemeanor

If the prosecutor’s evidence does not prove assault with a deadly weapon, sometimes the case can be reduced to a less severe charge, such as disorderly conduct. However, this depends on the case circumstances and the skill of your attorney.

## The Importance Of Mental State In An Assault Charge

Proving assault with a deadly weapon or aggravated assault means the prosecutor proved you acted knowingly and intentionally. It also may even mean you acted recklessly.

To prove that you acted recklessly, they must show that you were aware of but disregarded the risk to the other person. The risk needs to have been of a degree and nature that disregarding it would be a deviation from an ordinary person’s standard of care.

## Speak To Our Galveston County Assault Defense Lawyer Now

An assault with a deadly weapon charge is serious. If you face an assault with a deadly weapon charge in Galveston County, you need experienced legal representation now. Your attorney will review the case and determine the best defense. The most common defense in Texas assault cases is self-defense. Another potentially effective defense is you were defending another person from harm or death. Please [contact our Galveston County assault defense lawyer](/landing-form/) at Mark Diaz & Associates for legal assistance at (409) 515-6170.

**Categories:** Assault Defense Lawyer

**Tags:** Assault

---

### [Mark Diaz Discusses Mardi Gras Weekend Arrests In Galveston](https://texascriminaljustice.com/mark-diaz-discusses-mardi-gras-weekend-arrests-in-galveston/)

**Published:** February 22, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Mardi Gras](https://texascriminaljustice.com/wp-content/uploads/2023/03/mardi-gras.jpg "Mardi Gras")Hey happy[ Fat Tuesday](https://www.franciscanmedia.org/franciscan-spirit-blog/the-roots-of-fat-tuesday-the-fruits-of-lent/), everybody. We made it to the second weekend of Mardi Gras. I ran the arrests as I did for the first weekend. Looks like we had a total of 194 arrests Friday, Saturday, and Sunday. Beat last weekend by about 11, I think we had 183 last weekend. This weekend we had 59 on Friday, 66 on Saturday, and 69 on Sunday.

Friday, which was our lightest day, we had five DWI arrests. Not a whole lot about Friday jumped out at me except for there was an arrest for a murder on Friday, which I don’t remember hearing about over the weekend. I don’t know if it was a new case or an older case. I can only see that someone was arrested for murder on Friday. Saturday, was a little more interesting. We had a total of 6 DWIs. There were two that stood out to me in there, unrelated to each other. Two of the people that were arrested for DWI also ended up being charged with assault on a police officer. Which means they were trying to fight their way out of an arrest. There was a separate person charged with the assault of a peace officer only. Apparently, people got rowdy with the police this weekend. DWI arrest was just one more than Friday night. So I guess that’s pretty normal.

Sunday we had a total of seven DWI arrests. 18 arrests over the weekend for DWI, a fairly high number. I don’t know if it’s because of the increased DWI patrolling that’s being done. Or if it was somehow connected to Mardi Gras with the number of people that came to Mardi Gras drinking beer.

Two other charges stood out to me. Two people were charged with racing on a highway. Racing on the seawall. I don’t know anything about the cases other than to tell you that I have seen this charge abused, so to speak. There is a difference between racing and two friends driving beside each other and speeding down the road.

I don’t know what these two young men were doing. One of them was 17 years old, and one of them was 20. It’s the same time and location, so they’re both accused of racing each other. I’d be interested to know if they were actually racing, or if they were just going way too fast out on the seawall. Of course, it is possible they were racing. As I said, I don’t know the facts charged with that case, but that was a little after midnight.

Those are the numbers. We’ve made it through Mardi Gras. Today’s Fat Tuesday. Today is officially the end of Mardi Gras. Tonight, there’ll be some more activity downtown, but most people I know who participate in Fat Tuesday are locals. I wouldn’t expect too much police activity tonight. Yesterday it was more of a family day for Mardi Gras with the kids’ parade and the dog and cat parade. So that wraps up Mardi Gras for this year. Y’all have a good week, and I’ll be back next week with a new topic.

## Speak To Our Galveston County DWI Defense Lawyer

DWI charges can be very serious. If you have been charged with a DWI in Galveston County, you need experienced legal representation now. Your attorney will review the case and determine the best defense. Please [contact our Galveston County DWI defense lawyer](/landing-form/) at Mark Diaz & Associates for legal assistance at (409) 515-6170.

**Categories:** Local Events

**Tags:** DWI

---

### [What You Need To Know If Attending Spring Break In Galveston](https://texascriminaljustice.com/what-you-need-to-know-if-attending-spring-break-in-galveston/)

**Published:** March 6, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Spring break](https://texascriminaljustice.com/wp-content/uploads/2023/03/Diaz-2-What-You-Need-To-Know-If-Attending-Spring-Break-In-Galveston_March-2023.jpg "Spring break")Spring break at the beach in Galveston offers college students plenty of fun, sun, and relaxation. However, many college students drink and use drugs when on spring break. As a result, you could have a DWI/DUI or drug possession conviction if you break the law. Unfortunately, your spring break fun just turned into a nightmare. Because [one person dies in Texas due to a drinking-related accident every 8.5 hours](https://www.txdot.gov/about/newsroom/statewide/deaths-over-2021-spring-break-show-true-consequences-of-driving-drunk.html), the State takes drunk driving extremely seriously.

This article tells you critical things about attending spring break in Galveston. If you get arrested, however, our [Galveston DWI lawyers](/dwi-charges/) at Mark Diaz & Associates will fight for your rights.

## Zero Tolerance In Galveston For Minors With Drugs And Alcohol

Galveston is no joke when it comes to minors possessing alcohol and illegal drugs. It is illegal in Texas for drivers under 21 to have any amount of alcohol in their system. If the police discover any detectable amount of alcohol in your system, you will be charged with Driving Under The Influence of Alcohol By A Minor. This is called DUI and this term is often used interchangeably with DWI, however, they are two distinct and different offenses. If accused, you will be taken to jail. Next, the police will ask you for a breathalyzer test or take you for a blood test at the hospital.

Texas has an implied consent law for minors. It means that if you are arrested for DUI, you have automatically consented to take a breathalyzer or blood test. You will lose your driver’s license if you decline to take the tests. You may even be put in jail.

## Galveston Has No Refusal Operations For Every Suspected Drunk Driver

It is common for Texas to have No Refusal Operations set up at popular destinations during spring break. This means the police can obtain blood test warrants immediately for drivers who will not take chemical or breathalyzer tests. If you get a first-time DWI on spring break, you can get jail time, a suspended driver’s license, legal costs, court costs, and your vehicle will be impounded. A DWI on spring break can easily cost thousands of dollars!

## Spring Break DWI Crackdown In 2022

Harlington, Texas, near the popular beach destination South Padre Island, announced last year it would focus for a month on DWI patrols. Police focused on areas during spring break with the highest risk of alcohol and drug-related auto accidents.

The Texas Department of Public Safety also has boosted efforts to take drunk drivers off Texas roads, [including during spring break](https://cbsaustin.com/news/local/txdot-launches-spring-break-anti-drunk-driving-campaign). In 2021, state troopers arrested more than 1,3,80 drunk drivers. More patrols were the biggest reason for at least 170 additional DWI arrests.

In Galveston this year, you can expect local and state police to enforce drunk and drugged driving laws aggressively. So the best thing to do on spring break in Galveston if you have been drinking is to take an Uber or cab back to your hotel. Getting a safe ride home has never been easier, so take advantage.

## Galveston Proposing Crackdown On Drunk Driving

People on spring break in Galveston this year also should know that Galveston City Council and police officials met in 2022 to discuss cracking down on drunk driving. Drunk drivers killed at least six people in August 2022 on the island.

Galveston Police Chief Doug Balli noted during the meeting that his department intended to increase police presence on the streets. He said they planned to add patrols 24 hours per day and have at least 14 police officers looking for drunk and drugged driving. He hoped people would become aware of the increased patrols and refrain from drunk driving on spring break and throughout the year.

## Texas Alcoholic Beverage Commission Wants More Surveillance Cameras At Bars

The Texas Alcoholic Beverage Commission (TABC) had representatives at the same Galveston meeting and said it wanted to encourage bars to have more surveillance cameras inside and outside establishments in Galveston. TABC reps said if there were more cameras in bars being monitored by the organization, it would be less likely that bartenders would overserve patrons.

## What Are The Penalties For A First-Time DWI Offense?

On spring break in Galveston, you should also remember that Texas has severe penalties for drunk driving, even for a first-time offense. They include:

- Up to a $2,000 fine, in addition to a $3,000 statutory fine in certain circumstances
- Jail time of up to six months
- Losing your driver’s license for up to a year
- Expect to spend up to $15,000 for legal and court fees, higher insurance, alcohol, and drug abuse classes, and possibly bail

Also, a first-time DWI is a Class B misdemeanor, so the license suspension will be for at least 90 days. Even if you are acquitted of the charge, you can have your license suspended if you had a high blood alcohol content.

A first-time DWI conviction also can lead to probation and alcohol treatment. In addition, you can lose your license for months if you do not attend the classes.

## What Are The Penalties For A 2nd DWI Offense?

A second DWI is Class A misdemeanor. You will receive up to $4,000 fine and jail time of up to a year. A second conviction means your license will be suspended for 1.5 years. You need to pay $100 for your license reinstatement.

## What Are The Penalties For A 3rd DWI Offense?

A third DWI conviction is a grave situation. It is a third-degree felony resulting at least two years to 10 years in prison. The fine is $10,000. A related charge is intoxication assault, which means you seriously injured someone when driving under the influence. The penalties are the same as a third-time DWI.

Even worse is if you are convicted of intoxication manslaughter. This means you killed someone by accident when you drove drunk in Texas. It is a second-degree felony; you can get up to $10,000 in fines and a two to a 20-year prison sentence. Also, expect hundreds of hours of community service.

## Texas Is #13 In DWI Penalties In The US

If you are still thinking about getting behind the wheel while drunk in Galveston on spring break, consider this: [Wallethub.com](https://wallethub.com/edu/dui-penalties-by-state/13549) reports that Texas is the #13 strictest state for drunk driving penalties. This might be because Texas realizes it has a severe drunk driving problem. The Lone Star state has the following dubious distinctions:

- 14th-highest rate in the US for drunk driving
- 15th-highest rate for drunk driving deaths
- More drunk driving deaths than any other state – more than 1,000 per year
- More than 40% of all Texas traffic deaths are related to drugs or alcohol

## Drug Possession Charges During Galveston Spring Break

Hopefully, you are convinced that driving drunk in Galveston on spring break is a bad decision. However, you should also tread cautiously if you take illegal drugs during your fun in the sun.

Texas has serious penalties if you are convicted of drug possession. The penalty depends on the type and quantity of drugs. For instance, if you are arrested carrying less than a gram of cocaine, you can receive up to a $10,000 fine and two years in prison. For possession of 400 grams, the fine can be $100,000 and at least 10 years in prison.

Also, do not think that Texas will look the other way for possessing marijuana. You still can receive a stiff jail sentence for carrying weed. For example, possessing less than two ounces is a Class B misdemeanor punishable by 180 days in jail and a fine of $2,000.

## How Can A Galveston Criminal Defense Attorney Help You?

If the worst happens and you are arrested for DWI or drug possession on spring break, all hope is not lost. A Galveston criminal defense lawyer knows the laws and courts in the area and may help you reduce or beat the charges. For instance, your attorney may use one of more of these defenses for a drug possession charge:

- You did not know you were carrying the drugs.
- You did not mean to take the drugs or have anyone in your group take them.
- According to the Federal Food, Drug, and Cosmetic Act, there is a legal reason for you to use the drugs.
- You were carrying marijuana for medicinal purposes.
- You have a doctor’s prescription to use the drug.

If you are arrested for drunk driving on spring break, an immediate call to a local defense attorney will help you immensely. Some defenses for DWI charges include:

- Challenging the accuracy of the field sobriety test.
- Challenging the accuracy of the blood test.
- Questioning the breathalyzer equipment and how the police conducted the test.
- Lack of probable cause for the traffic stop.
- Proving that a car accident related to drunk driving was not your fault.
- Using police reports questioning the officer’s testimony.
- Arguing that the police engaged in an unreasonable search and seizure.

## Speak To Our Galveston DWI Lawyers Today

Enjoy the sights of Galveston on spring break, including Bishop’s Palace, and Galveston Island Historic Pleasure Pier. But if you go on spring break in Galveston and find yourself on the wrong side of the law because of DUI or drug possession, you need skilled legal criminal counsel immediately. A DUI or drug possession conviction in Texas can ruin your life. Please [contact our Galveston DWI lawyers](/landing-form/) at Mark Diaz & Associates for legal assistance at (409) 515-6170.

**Categories:** DWI Lawyer

**Tags:** spring break

---

### [Preventing Unnecessary Shooting Deaths With Responsible Gun Ownership](https://texascriminaljustice.com/preventing-unnecessary-shooting-deaths-with-responsible-gun-ownership/)

**Published:** March 13, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![gun ownership](https://texascriminaljustice.com/wp-content/uploads/2023/03/Diaz-3-Preventing-Uneccesary-Shooting-Deaths-With-Resonsible-Gun-Ownership_March-2023.jpg "gun ownership")Americans have a constitutional right to keep and bear arms. While this right is subject to reasonable restrictions at the state and federal level, it means that as many as 30% of Americans own firearms, and at least [390 million guns are in circulation](https://www.everytown.org/issues/responsible-gun-ownership/). Also, gun ownership is generally rising in Texas after recent mass shootings, with [firearm background checks increasing by 10% in 2022](https://www.texastribune.org/2022/07/28/texas-gun-stats/). Gun owners may have a right to own firearms, but they also have a responsibility to avoid unnecessary shooting deaths by being responsible gun owners.

The tips in this article will deal with responsible gun ownership and keep you and the people around you safe. If you recently were charged with a crime, such as homicide, talk to our [League City homicide defense lawyers](/homicide/) at Mark Diaz & Associates for assistance.

## Gun Sales In Texas Often Rise After Mass Shootings

Texas is the #2-most populated state in the country and has relatively lax gun laws, meaning more guns are bought here than in any other state. The FBI reports that people in Texas bought 150,400 guns in June 2022, the month after the mass shooting at a school in Uvalde. Those purchases were 17% higher than May and were a 2% increase over the same time in 2021.

Texans bought 1.6 million guns in 2021. This is about one firearm for every adult in the state. However, the gun sale trend tends to fluctuate in Texas, with sales peaking immediately after a highly-publicized mass shooting. For example, in April 2022, gun sales declined 23% from the previous months as the Uvalde shooting faded from the public mind.

## Responsible Gun Ownership Is a Must

Responsible gun ownership is vital to our safety, with so many people owning guns in Texas and the US. It is estimated that almost 500 Americans die annually from accidental shootings. That is more than one accidental shooting per day. Unintentional shootings cause tremendous heartbreak and pain to people every year. Sometimes, those accidental shootings can lead to homicide charges against the perpetrator.

So, responsible gun ownership is a win-win for everyone. Many unnecessary shooting deaths could be prevented if gun owners remember the following points:

## Handle Every Gun As If It Is Loaded

Many accidental shootings happen because the gun owner assumes the gun is unloaded. Unnecessary shootings can often be avoided by assuming the gun is loaded. When picking up your guns, check if it is loaded. Never assume anything.

If you do not know how to check if a particular gun is loaded, ask someone knowledgeable to help you. Some guns are more challenging to check than others for live ammunition.

For example, a semiautomatic handgun can have an empty magazine, but there could be a live round in the chamber. If you pull back the action on the handgun, you can see whether there is a round in the chamber. But if you do so too quickly, you might not see it. So, check several times that there is no round in the chamber before concluding it is unloaded.

## Store Guns In A Gun Safe

Storing your guns and ammunition in a gun safe should be a priority. Texas does not require gun owners to keep firearms in a safe, but it is a wise safety practice. Gun safes are made to protect your guns from being stolen or damaged. They also can prevent a child or unauthorized adult from accessing your firearms. The last thing you want is a child to play with one of your guns, hurting himself, and then you face a homicide charge or a civil lawsuit!

If you have handguns, consider buying a pistol safe that is hard for unauthorized access. Keeping your firearms in a gun safe can keep your guns in pristine condition and everyone safe.

## Keep Your Finger Off The Trigger

Keep your finger off the trigger until you have your sights on the target. However, many people keep their finger on the trigger at other times. This is dangerous. All it takes is a bump or twitch for an accidental shooting. Even when you have the gun in the ready position, rest your index finger on the trigger guard until you are ready to shoot.

## Know What Is Behind Your Target

When you are at a shooting range, you can be confident that there is nothing behind the targets that you do not want to shoot. However, when shooting a gun anywhere else, always know what is behind your intended target. What will happen if you miss the target or the bullet goes through it?

If you ever doubt what is behind your intended target, do not shoot. Instead, investigate first and ensure it is safe to fire the gun.

## Keep The Gun Unloaded

Many accidents could be avoided if gun owners would keep their guns unloaded. A common situation is when a gun owner takes his guns out to clean them. Unfortunately, he forgets one of them is loaded and accidentally shoots a family member, resulting in severe injury or death.

Keeping guns unloaded until use can prevent tragedy. It is also wise to keep your ammunition and firearms in separate locations. That way, being loaded with your knowledge is almost only possible. To protect yourself or your property, you can keep a loaded handgun in a proper gun safe at your bedside.

## Keep Guns Pointed In A Safe Direction

When a gun is loaded, it should always be pointed in a safe direction when it is not aimed at your intended target. This usually means keeping the gun pointed down, so it is pointed at the ground. No one should ever point a gun at someone, even as a joke. Many ‘jokes’ such as this turn into accidental shootings and tragedies. Also, do not point your firearm in the air because an unintentional discharge in this situation is dangerous.

## Keep Your Guns Clean

Keeping your guns clean ensures they will be in the best working condition and last for many years. Clean guns also mean they are safe to use. If firearms are used often and never cleaned, they can be hazardous to fire. The residue could be thrown back into the shooter’s eyes when firing. A dirty firearm action is also prone to jamming. A jam is hazardous even if you do not depend on your gun to defend yourself because clearing it can cause the round to go off.

## What To Do After An Accidental Shooting

The information in this article should help you be a responsible gun owner. But, unfortunately, accidents happen, and you could be involved in an accidental shooting. In the worst case, that shooting could lead to a homicide charge. If you find yourself in this situation, there is one crucial thing to remember:

## Do Not Make Statements After a Shooting

It is tempting to try to explain yourself when the police arrive. However, you have the right to remain silent under the 5th Amendment and should exercise it in this situation. If the case gets to a jury, your choice to remain silent at the scene cannot be used against you. In fact, if the prosecution attempts to comment on you remaining silent when the police arrive, there could be a mistrial.

Further, you will be highly stressed and upset after an accidental shooting. You will likely make statements that are inaccurate or incomplete. You may remember important details later. Any statement you make in the heat of the moment could be picked apart by investigators and prosecutors later. Police also may not accurately write down what you said, anyway. So, stay silent and call an attorney.

## Understanding The Right to Self-Defense

A common defense to a homicide or manslaughter charge involving a gun is that the accused acted in self-defense. Texas has a [castle doctrine](https://guides.sll.texas.gov/gun-laws/stand-your-ground) in several parts of the penal code. It justifies using force to protect yourself, others, and even property in limited circumstances.

However, if an accidental shooting case goes to trial, everything depends on what the jury thinks was ‘reasonable’ when the incident occurred. If the jury believes you acted reasonably when you fired your gun at someone, your self-defense claim will likely prevail. But if they think your actions were unreasonable, you will likely be found guilty and potentially be facing many years in prison as a result.

There is a wide variance in what people consider ‘reasonable’ or not. Some Americans think all guns should be banned and that this is reasonable. Others believe there should be no gun restrictions at all.

Even though Texas has the castle doctrine, and you may be justified to act in self-defense if someone breaks into your home, many legal experts recommend avoiding putting yourself in a situation where your freedom depends on what a jury considers ‘reasonable.’ So, if you are in a position where you think you need to act in self-defense, be conservative and think carefully before pulling the trigger.

## Contact Our League City Homicide Defense Lawyer Now

If you have been charged with homicide, you probably feel overwhelmed and anxious about the future. You need an experienced criminal defense attorney fighting for you. [Contact our League City homicide defense lawyers](/landing-form/) at Mark Diaz & Associates at (409) 515-6170.

**Categories:** Homicide Defense Lawyer

**Tags:** gun ownership

---

### [What Items Are Considered Drug Paraphernalia in Texas?](https://texascriminaljustice.com/what-items-are-considered-drug-paraphernalia-in-texas/)

**Published:** March 20, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug paraphernalia](https://texascriminaljustice.com/wp-content/uploads/2023/03/Diaz-4-What-Items-Are-Considered-Drug-Paraphernalia-in-Texas_March-2023.jpg "drug paraphernalia")It is against the law in Texas to possess, sell, or manufacture drug paraphernalia. This article includes many things. Being charged with possession of drug paraphernalia can often come with other drug charges. If you have been charged with drug possession, now is the time to contact a lawyer. Our [Galveston drug possession lawyers](/drug-possession/) at Mark Diaz & Associates can help you.

## What Is Drug Paraphernalia Under Texas Law?

State law says that owning, delivering, or using drug paraphernalia is against the law. According to [Texas Health and Safety Code 481.002(17)](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.125), drug paraphernalia is equipment, products, or materials used to plant, cultivate, manufacture, produce, process, package, store, or conceal illegal drugs.

An object used to inhale, inject, or consume a controlled substance is considered drug paraphernalia. Examples of things that law enforcement may consider drug paraphernalia are:

- Plastic containers
- Plastic baggies
- Pipes
- Roach clips
- Blenders
- UV lights
- Grinders
- Capsules
- Syringes
- Rolling papers
- Balloons
- Bongs
- Balances
- Sifters

Drug paraphernalia charges can be filed if the police think you were using or selling drugs but are not carrying them. Drug paraphernalia can be almost anything if it can be tied to the use or intended use of a controlled substance or the selling/manufacturing of a controlled substance.

## What Are Texas Penalties for Possessing Drug Paraphernalia?

It is against the law in Texas to use, possess, or deliver illegal drugs or drug paraphernalia. If you are convicted of using or having these items, you are guilty of a Class C misdemeanor. In addition, the fine for this crime is up to $500.

It is also illegal to deliver or manufacture drug paraphernalia. If you are convicted of delivering or trying to deliver drug paraphernalia, it is a [Class A misdemeanor](https://texaspolitics.utexas.edu/archive/html/just/features/0201_01/crimeandp.html). You can receive up to a year in county jail and/or a fine of up to $4,000.

Also, if you deliver or try to deliver drug paraphernalia to anyone under 18, you could be facing a state jail felony offense. The punishment range for this offense is no less than 6 months and up to 2 years in a state jail and a possible fine of up to $10,000.

You might think that possessing drug paraphernalia is a minor crime. However, this charge can lead to charges for drug possession or drug trafficking. The penalties for these crimes can be severe.

## Possession and Losing Your Driver’s License

Additional penalties are possible if you are convicted of possessing drugs or drug paraphernalia. You could lose your Texas driver’s license. Even if you were not driving during the arrest, you could lose your license for six months. If you are under 21, you may lose it for one year.

## What About Convenience Stores and Smoke Shops?

A common issue with drug paraphernalia charges in Texas is that some of these items have legitimate uses that are not illegal. For instance, if you are caught with a spoon in your pocket, the police may say you are using it to inject drugs. But a spoon also can be used for innocent purposes.

Also, in Texas, head shops and smoke shops sell rolling paper, water pipes, and vaporizers. A water pipe can be used for aromatic herbs or tobacco. Rolling papers are popular for people to roll their own cigarettes.

It is difficult for the police in Texas to raid these stores with the intent of catching drug offenders. So, many shops are in a legal gray zone. For example, if you bought rolling papers in a smoke shop, your Galveston drug possession attorney can argue that you bought them to roll your own cigarettes and simply save money.

However, if you go to a head shop and purchase a bong, it could be considered drug paraphernalia by the police if you are stopped. Therefore, putting these types of purchases in your trunk before driving home is best. Some convenience stores also sell rolling papers or water pipes behind the counter that could be used for illegal drugs.

## Why You Need a Criminal Defense Lawyer for A Drug Possession or Paraphernalia Charge

If you are serious about a prosperous future, you should hire an attorney when facing a drug possession or paraphernalia charge. But unfortunately, some may think that ‘only’ being convicted of a Class C misdemeanor is not a big problem.

But if you want to prevent having a conviction on your record, hiring an attorney is advised. Your lawyer may be able to get a Class C misdemeanor dismissed or could make the citation eligible to be an expunction later.

## Possible Defenses for a Drug Paraphernalia Charge

The law requires you to possess the paraphernalia to be convicted knowingly. So, if the prosecutor cannot show that you were aware you possessed the items, you are not guilty. Your attorney can represent you in Galveston for this charge and demand the prosecutor produce evidence that you knew you had drug paraphernalia. It is not uncommon for these cases to be dismissed because there needs to be more evidence.

Also, the police must have probable cause to search you in the first place. In many situations, the police may pull you over without sufficient justification. The evidence may be inadmissible if your attorney can show this in court.

In addition, the prosecutor must prove that you possessed the paraphernalia intending to use them with illegal drugs. As noted above, there are legitimate reasons to possess what some may consider drug paraphernalia, such as a glass bong or rolling papers.

If the police allege you had illegal drugs on you, your attorney might argue that there is insufficient evidence that the substances are illicit. After an arrest, suspected drugs will be confiscated and sent to a laboratory for testing. Unfortunately, there are cases where the lab equipment does not work correctly. Or, the sample might be lost, mislabeled, or even destroyed.

Last, the prosecution must prove the drug paraphernalia or drug possession charge beyond a reasonable doubt. Even if these illegal items are found in your car, does that always prove that they are yours and you knew they were there? If you went into your car now, how many things are in there that you did not know were there?

If you drive friends or family in your vehicle, it is possible that someone left an illegal item in the car. You could have drug paraphernalia under the passenger seat for months that you did not know about. Your attorney may try to argue that there is no proof beyond a reasonable doubt that the drugs or paraphernalia are yours. However, the burden of proof is on the state. They cannot convict you if there is any reasonable doubt about possessing these illegal items.

## Other Penalties for Drug Possession

You could face other charges if you are charged with drug possession and possession of drug paraphernalia. For example, taxes have to be paid on illegal drugs. So if you are caught with a lot of illicit drugs, you can be charged with tax evasion.

The police also can seize property that it says is intended to be used to commit a drug felony. For example, they could theoretically seize your car, home, or other belongings where they say you could hide drugs. Note that asset forfeiture is a civil action. It is not criminal in nature, so the state does not have to convict you to seize property.

## What About Marijuana Possession in Texas?

Many states are relaxing laws on marijuana possession. For example, Texas Governor Greg Abbott has said in recent years that Texas should look at loosening laws that criminalize carrying a small amount of marijuana.

However, possessing small quantities of weed is still a crime under Texas law. If you are in possession of less than 4 ounces, it is a misdemeanor. If you have more than 4 ounces, it can be charged as a felony.

## Will I Need to Go to Jail On a Drug Possession Charge?

Drug possession is more serious than possessing drug paraphernalia. You may have to go to jail, but much depends on your previous criminal history. There is a chance you can avoid jail if you possessed a small amount of drugs on a first offense.

## Contact Our Galveston Drug Possession Lawyers Today

Were you charged with drug possession or drug paraphernalia possession in Galveston near Moody Mansion, the Bryan Museum, or another location? You may be overwhelmed with fear and concerned about your future. These are serious charges, but there are often viable defenses to them. Contact our [Galveston drug possession lawyers](/drug-possession/) at [Mark Diaz & Associates](/landing-form/) for help. Call today at (409) 515-6170.

**Categories:** Drug Possession Lawyer

**Tags:** Drug Paraphernalia

---

### [What You Should Know Before Exercising Your Texas Open Carry Rights](https://texascriminaljustice.com/what-you-should-know-before-exercising-your-texas-open-carry-rights/)

**Published:** March 27, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![open carry](https://texascriminaljustice.com/wp-content/uploads/2023/03/Diaz-1-What-You-Should-Know-Before-Exercising-Your-Texas-Open-Carry-Rights_April-2023.jpg "open carry")On Sept. 1, 2021, it became legal in Texas for those 21 and older to [carry a handgun openly or without a permit in a holster](). The law was modified from 2016 when it was required to have a permit to carry a firearm concealed or openly. Before exercising your Texas open carry rights, there are essential things to be aware of. If you have recently been charged with a crime regarding open carry, talk to our [Galveston County criminal defense lawyer](/) at Mark Diaz & Associates today.

## Gun Crimes On The Rise In Texas

While the new open carry law passed in 2021, many people opposed the legislation. One of the reasons was that shootings in Texas [increased 14% in 2020 compared to the year before](https://www.cnn.com/2021/09/01/us/texas-open-carry-laws/index.html). This meant there were approximately 2,800 shootings that year. Still, the law passed easily in the Republican-held state legislature and was signed by GOP Governor Greg Abbott.

## When Open Carry Is Allowed In Texas

One of the most critical aspects of the Texas open carry law that was revised in 2021 is the difference between long guns and handguns. You can open carry a long gun in Texas if it is not displayed in a way ‘calculated to alarm’ others.

On the other hand, Texans can only open carry handguns in a public area if it is in a holster. However, it is not required to be a shoulder holder or belt holster. The new law has no restrictions on the type of holster, so the following are legal:

- Waistband holsters
- Belly bands
- Pocket holsters
- Ankle holsters
- Thigh holsters

The law also authorizes open carrying of handguns by some security officers, as well as most individuals who are on their property. Also authorized are people engaging in a legal activity, including sports shooting.

## Who Is Not Allowed To Open Carry In Texas

While the new law allows most people to open carry, certain types of people are not allowed to do so. For example, to qualify for permitless open carry, you have to be over 21 and not have been convicted in the last five years of any of the following crimes:

- Misdemeanor bodily assault causing injury
- Deadly conduct
- Terroristic threat
- Disorderly conduct of a firearm, involving discharge or display

If you have been arrested for open carrying, remember to talk to a Galveston County defense attorney right away. You also cannot carry a handgun in the state if any of the following apply to you:

- You were convicted of a crime and imprisoned for more than one year
- You are currently a fugitive from justice
- You have been declared mentally incompetent
- You are living in the US illegally or unlawfully
- You are an unlawful user of or addicted to any controlled substance
- You were discharged from the US armed forces under a dishonorable discharge
- You renounced your United States citizenship
- You have a restraining order against you for stalking, harassing, or threatening an intimate partner or their child
- You have been convicted of a domestic violence misdemeanor in the last five years

Also, if you carry a gun when intoxicated, you can be charged with a Class A misdemeanor. If convicted, you may receive up to a year in jail and a fine of $4,000.

## Places Where You Cannot Open Carry In Texas

You may open carry a handgun in most public areas as long as it is in a holster. However, the law restricts you from carrying in the following areas. If you open carry in these locations, you could be charged with a crime:

- Secured parts of an airport
- Courthouses
- Polling places on voting day
- Schools
- Businesses where there is a sign banning handguns, and they tell you that you cannot carry them there
- Businesses permitted by the state that get 51% or more of their income from selling alcohol
- Amusement parks
- Hospitals, nursing facilities, mental hospitals, and correctional facilities
- A place where there is an open governmental meeting going on

Furthermore, the law restricts Texans from knowingly, intentionally, or recklessly carrying handguns openly in cars or watercraft that are under their control, unless the firearm is in a holster.

You also could face an unlawful carrying charge if you carry a gun on private property. It depends on whether the property owner has banned the carrying of handguns on the property or not.

## Can You Still Get A License To Carry In Texas?

Yes, you can still get a [concealed carry license in Texas](https://www.statesman.com/story/news/politics/state/2021/06/23/heres-what-know-permitless-carry-texas/7770098002/), but it is not required. Under the old law, you had to pass a gun safety class, and background check to get a permit. The new carry law removed these restrictions. The new law also directed the Texas Department of Public Safety to create a free online guy safety class. But training is no longer mandatory to carry a handgun openly or concealed.

However, the new law does not alter the background check requirement to purchase a firearm. If you buy a gun through a licensed firearms dealer, it is still required to have a background check. If you have been convicted of a crime recently, you may not be able to buy a handgun or long gun. But you do not need a background check when purchasing through a private seller.

## Carrying A Handgun On Company Property

On the job front, the new open carry law did not make major changes to [Section 52.062(b) of the Texas Labor Code](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.52.htm). An employer can still ban an employee from possessing any firearm. In addition, the law defines ‘premises’ as a building or part of a building, but it does not refer to a parking lot, parking garage, sidewalk, street, or driveway.

Also, the law does not change the employer’s immunity from civil liability if there is an injury or death arising from an occurrence involving a gun that the company is required to allow on the property.

## Carrying Some Weapons Are Still Illegal

It is legal to openly carry long guns and handguns (in a holster) in Texas now. But there are some weapons that are still illegal to carry. If you carry any of the following, you could be charged with unlawful carrying:

- Machine gun
- Short-barrel firearm
- Armor-piercing ammunition
- Zip gun
- Explosive weapon
- Tire deflation device

## Gun Charge Defenses In Texas

If you were arrested for illegally carrying a handgun in Texas, you should retain the best attorney you can immediately. Your attorney will craft a defense strategy to safeguard your rights and freedom. Below are some common defenses to illegally carrying a handgun:

### Lack of Criminal Intent

The state must prove beyond a reasonable doubt that you knowingly, intentionally, or recklessly carried a gun. What if you were unaware that you were carrying the weapon at the time? Or, perhaps you meant to take the gun off before you went into an area where open carry is banned?

For instance, criminal defense attorneys sometimes defend clients charged with unlawfully carrying a gun into a courthouse. Perhaps you had the gun on or with you and forgot about it. Most people would not intentionally carry a gun into a public courthouse.

The question in this situation is if the mistake you made carrying a gun into a prohibited place is ‘reckless’ under the law. Your attorney may argue that you were negligent but not reckless.

### You Were On Your Own Property

You may have been unlawfully carrying a gun openly, but perhaps the premises on which you were carrying was one you owned or had control over? If that is the case, the county prosecutor will not be able to prove you were carrying the gun illegally in a place that was not yours or in your control.

## How A Gun Crime Conviction Can Derail Your Life

With the new open carry law in Texas, you might believe that you can carry anywhere and anytime without thinking about it. But as you know after reading the information above, there are many times and places where you cannot carry.

If you are convicted of a Texas gun crime, you face more than jail time and fines. When you have a conviction for any gun crime on your record, it will show up on a criminal background check. This could prevent you from getting a job or keeping your current one. Further, you could have difficulty getting specific government jobs and benefits.

## Contact Our Galveston County Criminal Defense Lawyer

Were you arrested after open carrying a handgun in Texas? You may think that the law is on your side, and by being honest and open with the police, they will let you off. However, the open carry law in Texas is complex, and you could violate it without meaning to do so. If you are being detained by law enforcement for an open carry violation, you need to talk to a criminal defense attorney today. Contact our[ Galveston County criminal defense lawyer](/) at [Mark Diaz & Associates](/landing-form/) today at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** Open Carry

---

### [First Time Drug Possession Charges In Texas](https://texascriminaljustice.com/first-time-drug-possession-charges-in-texas/)

**Published:** April 3, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2023/04/Diaz-2-First-Time-Drug-Possession-Charges-In-Texas_April-2023.jpg "drug possession")At least [120,000 people in Texas](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/drug_report_20) are charged with drug crimes annually. While a first-time offender might get off lighter than a repeat offender, the last thing you want on your permanent record is a drug crime conviction. Learn below about first-time drug charges in Texas, then contact our [League City drug possession defense lawyers](/drug-possession/) if you need legal assistance.

## How Drug Possession Is Defined In Texas

The [controlled substance laws in Texas](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.115) require the prosecutor to prove that you knowingly or intentionally possessed the drugs in question. Possession is defined as “actual care, custody, control, or management.”

This means you can be in legal possession of the drugs if it was in your purse or pockets, or even if it wasn’t within in reach if the prosecutor can prove you exercised “care, custody, control, or management” over the drugs.

## How Drug Crimes Are Classified In Texas

An essential aspect of a first-time drug charge is the type and quantity of the drug involved. In Texas, several drug classifications are identified by penalty group numbers. The lower the classification number, the more likely it is not used in medicine, often leading to abuse and addiction. The groups are:

- Penalty groups 1, 1A: methamphetamine, cocaine, and heroin
- Penalty group 2: Psychedelic mushrooms, ecstasy, and PCP
- Penalty group 3: Methylphenidate (Ritalin), anabolic steroids, and Lorazepam (Ativan)
- Penalty group 4: Codeine and opioids

## Amount Of Drug

This factor is measured by law enforcement by the weight of the illegal drugs or the number of plants. The amount of drug will determine in part if it is a misdemeanor or felony drug charge, as well as the kind of charge. For example, the more weight of a drug you are accused of possessing, the higher level of felony you will be charged with.

## Type Of Activity Involved

Drug possession is considered a lesser crime than being accused of manufacturing or delivering a controlled substance. However, possessing larger amounts of drugs could make one assume that you were involved in manufacturing or delivering. Therefore, these offenses are treated more seriously because they can affect many other people.

## Drug Charge Sentences In Texas

If you are convicted of a drug crime in Texas, the punishments can range from a Class B misdemeanor to a first-degree felony. The drug possession charge typically depends on the type and size of the drugs. The potential punishments for drug crime convictions are:

- Class B misdemeanor: Up to 180 days and a $2,000 fine.
- Class A misdemeanor: Up to one year in jail and a $4,000 fine.
- State jail felony: No less than 180 days, and up to two years in a state jail, and a fine of up to $10,000.
- Third-degree felony: no less than two years and up to 10 years in prison and up to a fine of $10,000.
- Second-degree felony: no less than two years and up to 20 years in prison and up to a fine of $10,000.
- First-degree felony: no less than five years and up to 99 years in prison and even life, and a fine of up to $10,000.

## Marijuana Charges In Texas

Marijuana is in its own category in Texas for drug possession. While many states are decriminalizing weed drug possession, you can still be prosecuted in Texas for marijuana possession. You may face a misdemeanor charge of 180 days in jail and a $2,000 fine if caught with two ounces or less.

## Will You Go To Jail?

The state of Texas takes all drug crime charges seriously. Therefore, even if you lack a criminal record, you may sometimes be sentenced to jail for drug possession. However, as noted earlier, whether you get jail time usually depends on the volume of drugs, the type, and if you possessed them near a school.

## How To Fight First-Time Drug Possession Charges

Your League City criminal defense attorney can fight your charges in many ways. Keep in mind that the prosecutor must prove their case beyond a reasonable doubt. You only will be found guilty if it is beyond a reasonable doubt that you possessed illegal drugs. If there is any question about your guilt or the quality of the evidence against you, the prosecutor will have trouble convicting you.

Many drug possession charges relate to law enforcement investigations. However, police sometimes infringe on our constitutional rights as they look for evidence for the arrest. If you can prove that their investigation involved illegal search and seizure under the US Constitution’s 4th Amendment, the evidence must be thrown out in court. The state might have to drop the charges unless there is conclusive proof regarding the type and quantity of the illegal drug.

## Court-Ordered Rehab In Texas

If you are a first-time drug possession offender, you probably want to avoid jail. There are other options. Some first-time drug possession offenders can qualify for a diversionary program. This means admitting guilt in court in some way to the drug charge, but the court defers the case as you complete the terms of the program. You may need to go to substance abuse counseling, take random drug tests, and avoid being involved in other crimes.

If you meet all these conditions, the case against you might be dismissed. Another option may be negotiating a plea deal to a lesser charge with the prosecutor. This could reduce the penalties for your drug charge conviction.

How can you qualify for other ways to resolve your drug possession charge? It varies, but these are common factors:

- Going to jail does not match the nature of the crime
- You have never been convicted of a crime
- It was a non-violent offense
- Your offense was related to drug addiction

## First-Time Drug Charge FAQ

If you have been charged with drug possession for the first time in Texas, you probably are nervous and have questions. Below are the most common questions we receive:

### What Is A Drug Free Zone In Texas?

If caught with drugs in a drug-free zone like a school, you could face more severe penalties, including jail time. A drug-free zone is defined under Texas law as any area within 1,000 feet of a private or public school, including preschool, elementary school, middle school, and high school. The punishment is increased by one degree if you are found guilty of drug possession in a drug-free zone.

### Does A Drug Possession Charge Go On Your Record?

If you are convicted, a first-time drug possession charge will be on your permanent record, unless the charge is expunged later. You may qualify for an expunction if you were found not guilty, the possession case was dismissed, or you are later pardoned.

### Can A Felony Drug Charge Be Reduced To A Misdemeanor?

It is possible that a felony drug charge can be reduced by plea bargain to a misdemeanor. This is where both attorneys work out a deal, so you get a lesser sentence by pleading guilty. Further, if the arresting officer made mistakes, causing some evidence to be inadmissible, the charge might be reduced.

If you do not get a jail sentence and have no previous convictions, you could qualify for your record to be concealed and the charge reduced to a misdemeanor. However, you must stay on good behavior during probation. You also must show your probation officer that you are making changes to your life and avoiding trouble. Reducing the charge to a misdemeanor is critical to getting certain jobs, voting, and owning firearms.

## What Is Possession Of A Dangerous Drug?

You can be charged with possessing a dangerous drug if it requires a doctor’s prescription and is not a controlled substance. The most common dangerous drugs are Valium and Xanax. If you are found guilty of possessing less than 28 grams of dangerous drugs, it is a Class A misdemeanor. It is a felony charge if you possess 28 grams or more of dangerous drugs.

### What Is The Mandatory Minimum Sentence For Texas Drug Possession?

It depends on what the charge is – a felony or misdemeanor – and this depends on what the drug was and the weight. For a Class A misdemeanor, and you can receive up to a year in the county jail and a fine up to $4,000. But you may not qualify for a minimum sentence if you were in possession of larger amounts of drugs.

## Contact Our League City Drug Possession Lawyers Now

You may think that a first-time drug possession charge in Texas is not a big deal. But it can wreak havoc on your life. You need an excellent attorney fighting for you today. Contact our League City drug possession defense lawyers at Mark Diaz & Associates at (409) 515-6170 for a[ free consultation](/landing-form/).

**Categories:** Drug Possession Defense Lawyer

**Tags:** Drug Possession

---

### [Drunk Driving Can Impact More Than Your License](https://texascriminaljustice.com/drunk-driving-can-impact-more-than-your-license/)

**Published:** April 10, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drunk driving](https://texascriminaljustice.com/wp-content/uploads/2023/04/Diaz-3-Drunk-Driving-Can-Impact-More-Than-Your-License_April-2023-scaled-1.jpg "drunk driving")Drunk driving is [one of the most frequent crimes in Texas](https://www.khou.com/article/news/crime/texas-drunk-driving/285-3a04fde9-3da0-43ad-a48a-be41b874810b) and the United States, so many people who would not usually be charged with crimes face these charges. Many criminal punishments and driver’s license consequences for a DWI conviction are outlined below. However, there are other consequences of a drunk driving conviction to consider, too. If you have been charged with drunk driving, you should contact our [Galveston DWI attorney](/dwi-charges/) at Mark Diaz & Associates today.

## Legal Consequences For First-Time DWI Offenses In Texas

There are many serious legal consequences for a DWI charge in Texas. Even if it is a first-time offense, you will be charged with a Class B misdemeanor. In addition, you can get jail time, a permanent criminal record, thousands in fines, and a suspended driver’s license. More information:

### DWI With BAC Below .15%

This is a Class B misdemeanor with a minimum term of confinement of 3 days and up to a maximum of 6 months in the County Jail and a fine of up to $2,000.

### DWI With An Open Container

This is still a Class B misdemeanor, however, the open container aspect increases the minimum jail sentence to 6 days.

### DWI With BAC Of .15% Or Higher

This is a Class A misdemeanor that has a maximum jail term of 12 months in the County Jail and a fine of up to $4,000.

### DWI With Child Passenger

This is a state jail felony with a possible prison sentence of no less than six months up to 2 years in State Jail Facility of the Texas Department of Criminal Justice (TDCJ), and a maximum fine of $10,000. You also will get your driver’s license suspended and have a permanent criminal record.

### Administrative Fines

In addition to the fines mentioned above, Texas enacted new laws adding additional mandatory administrative fines. For a first DWI there is a mandatory fine of $3,000. For s second, or subsequent DWi within 36 months, the fine is increased to $4,500. Lastly, if your BAC is over .15% then the fine is increased to $6,000. It should be noted that these mandatory fines can be negotiated with the court.

## Consequences For Additional DWI Offenses

If you have a previous conviction for DWI in Texas or any other State and are accused of another DWI, the punishment range is enhanced from a Class B to a Class A misdemeanor.

If you have two or more previous convictions for DWI in Texas or any other State, the degree of offense is enhanced to a third-degree felony which has a punishment range of no less than 2 years and up to 100 years in prison at the Institutional Division of TDCJ, and a fine not to exceed $10,000.

## Driver’s License Consequences For DWI Convictions

When first arrested for DWI, the officer will request that you provide either a breath or blood specimen for alcohol testing. While you have the ability to refuse that request, that decision could come with some consequences to your driver’s license.

If you refuse to provide a breath or blood sample, your license could be suspended for 180 days unless an Administrative License Revocation (ALR) hearing challenging the suspension of that license is requested within 15 days of the arrest.

If you consent to provide a breath or blood specimen and the results are a .08 or higher, your license will be suspended for 90 days unless an ALR hearing is requested challenging the suspension.

This is an administrative suspension and is unrelated to the criminal case against you even though it is based on the same criminal incident. While you have the right to have a hearing on the matter, these hearings are complex and are subject to different rules and procedures than a criminal case. It is difficult to prevail in the hearing without a lawyer.

Note that if your license is suspended, [there is a $125 reinstatement fee](), and the ALR stays on your record for life.

Additionally, if you are convicted of a first-time DWI, expect a 90-day to one-year driver’s license suspension. If your alcohol concentration was .15% or higher or if it was your second or third conviction the suspension period is increased to no less than 180 days and up to two years.

## Other Consequences To A DWI Conviction

Other than the criminal penalties and effects on your driver’s license, there are other DWI consequences. These effects can follow you for years and even forever.

Remember that if you are convicted, it stays on your permanent record. So, the conviction will appear on any criminal background check, and you may need to tell others about your criminal record when asked. These realities can make it challenging to get and keep some jobs. Other consequences of a Texas DWI conviction are:

- Problems with a Commercial Driver’s License (CDL): A drunk driving conviction is usually problematic for professional truck drivers. The state can suspend, andn even potentially revoke your CDL. A CDL holder may be unable to work while their license is suspended. Also, many trucking companies will not hire you with a DWI.
- Trouble with other business and commercial licenses: If you have another type of business license, such as for real estate or nursing license, it could be at risk with a DWI conviction.
- Felony DWI: You may not be able to vote, run for office, or own firearms.
- Difficulty getting housing: Potential landlords often run criminal background checks before they will lease to you. The landlord can reject your application if you have a criminal record.
- Child custody rights: If you are divorced and have children, your custody rights could be negatively affected. A DWI conviction suggests you have poor judgment. Your ex could use the conviction against you in family court, too. If you have child visitation rights, your drunk driving conviction also can be used against you.

## Texas Drunk Driving Conviction FAQ

If you have been charged with drunk driving in Texas, you are probably stressed about the future. These are the most common questions we receive about DWI charges in Texas:

### Can Your First DWI Charge Be Dismissed Or Reduced?

Yes, a first-time DWI charge can be dismissed. However, the case will not be dismissed because the judge wants to go easy on you. Some DWIs are dismissed because of legal reasons such as an improper police stop or a lack of reasonable suspicion for the stop.

Sometimes, a first-time DWI charge can be charged as a Class B misdemeanor instead of enhanced to a greater charge. Your chances for this happening increase if an experienced Galveston DWI attorney represents you.

### Can You Go To Jail For A First-Time Drunk Driving Conviction?

Yes. People get sentenced to jail every day for DWI in Texas. How likely it is to go to jail depends on the case circumstances, including your criminal record, driving record, and your attorney’s strategy.

### How Much Is Bail For A Drunk Driving Charge?

The bail amount for a first-time charge is usually between $1,500 and $10,000. You can pay a cash bond or use a bail bond company.

### Can A First-Time DWI Conviction Qualify For Deferred Adjudication?

Yes. After [Texas House Bill 3582](https://legiscan.com/TX/bill/HB3582/2019) was passed, first-time offenders can get deferred adjudication to avoid a criminal record and a final conviction. This is a type of probation that may keep the conviction off your record and you could potentially qualify for a non-disclosure which seals record of offense from the public.

### How Long Will My DWI Stay On My Record?

Arrest and disposition records in this state are not removed automatically ever. Furthermore, a conviction will remain or your record permanently. However, if a DWi is dismissed for legal/factual it could be possible to have it expunged (erasing all record of the incident entirely).

## Can You Beat A Texas DWI Charge?

Getting convicted for a Texas DWI is extremely undesirable, legally and personally. Unsurprisingly, most people want to avoid a DWI conviction at all costs, but is it possible? After all, the state of Texas has vast resources at its disposal to convict you. The good news is that many DWI cases in Galveston are defensible. Therefore, in some situations, leaving the court with the case dismissed is feasible.

Whether that happens depends on the circumstances and facts of your case. Also key is the skill and experience of your DWI lawyer. There are people every day in the state who plead guilty to a DWI even though they have a strong defense. Unfortunately, many charged with DWI hire the first drunk driving attorney they find, who just wants to do a plea bargain, so they get their fee. That is why it is crucial to hire a drunk driving attorney with a strong record of taking cases in front of a jury.

But before your DWI case needs to go to trial, your attorney needs to dig into the facts of the case. So, first, the lawyer will review all of the case evidence, including police reports, surveillance and arrest video, and breath and blood test results:

- Police report: The police officer must file a police report describing how and why you were arrested for DWI. The report must state the officer’s probable cause for placing you in custody. If your rights were violated during the stop, your attorney will home in on the police report.
- Video: Video evidence can be convincing at trial because it shows the jury what happened at the scene. There also may be video evidence of how you performed the field sobriety tests. In some cases, the tests are administered in a way that makes it difficult to pass them.
- Breath and blood tests: Your attorney should have the skill and experience to review the blood alcohol tests to determine if they were done correctly. If it appears the blood or breath tests were done incorrectly, your attorney will try to have the evidence thrown out. Also, sometimes the police will lack proper documentation showing the devices are calibrated correctly.

## Contact Our Galveston DWI Attorney Today

If you have been charged with DWI in Galveston, it has many direct potential consequences. The good news is that you have made a vital first step in your defense when you hire the best DWI attorney. [Contact our experienced Galveston DWI attorney](/landing-form/) today at Mark Diaz & Associates by calling (409) 515-6170.

**Categories:** DWI Attorney

**Tags:** drunk driving

---

### [Did You Know Prosecutors Can Lie To Defendants?](https://texascriminaljustice.com/did-you-know-prosecutors-can-lie-to-defendants/)

**Published:** April 17, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense](https://texascriminaljustice.com/wp-content/uploads/2023/04/Diaz-4-Did-You-Know-Prosecutors-Can-Lie-To-Defandants_April-2023.jpg "criminal defense")The Galveston County prosecutor must be honest and transparent when negotiating a plea deal with you and your attorney. But that does not always happen. When it comes to prosecutors making plea bargains, they can lie to you and misrepresent evidence to get you to throw in the towel and plead guilty.

If prosecutors being able to lie to defendants concerns you, please continue reading the stunning story below. Then, speak to our [Galveston County criminal defense lawyers](/sexual-assault/) at Mark Diaz & Associates if you have legal questions about your case.

### What Are The Types Of Prosecutorial Misconduct?

This article mainly concerns failure to disclose exculpatory evidence, but other types of prosecutorial misconduct unfairly tilt the field against the defense:

- Introducing false evidence, such as hearsay, untrue character evidence, and false testimony
- Using improper legal arguments, such as asserting facts that are not in evidence and commenting on the defendant not testifying
- Being discriminatory in jury selection, such as religion, sex, or ethnicity

If the judge finds there is prosecutorial misconduct, there are several options. The judge can dismiss the charges, tell the jury to disregard comments or evidence or grant a motion for mistrial.

## Mansfield v. Williamson County Shows How Prosecutors Can Distort The Truth

A recent case called [Mansfield v. Williamson County](https://www.scotusblog.com/case-files/cases/mansfield-v-williamson-county-texas/) by U.S. Magistrate Judge Mark Lane states there is not a case holding that state prosecutors violate your due process rights if they lie or misrepresent evidence during plea bargain negotiations. Furthermore, no case says the prosecutors cannot tell lies or misrepresent evidence during a plea bargain session.

Also, the US Supreme Court recognized 10 years ago in the case Missouri v. Frye that 94% of state convictions and 97% of federal convictions come from guilty pleas. This means that at least 90% of criminal convictions in the country come from the defendant pleading guilty.

The US Sentencing Commission states that federal judges sentenced approximately 57,300 people in 2021 alone. When you consider state court convictions, there are hundreds of thousands of criminal convictions annually. In almost all of those cases, the court, as stated in the case above, essentially authorizes prosecutors to lie or misrepresent evidence during plea negotiations.

## How Prosecutors Lied In Mansfield v. Williamson County To Get A Guilty Plea

The slam-dunk example of how prosecutors can lie and misrepresent evidence is the [Troy Mansfield case](

**Categories:** Criminal Defense Lawyer

**Tags:** prosecution

---

### [Weed May Be Legal Where You're From, Not In Texas](https://texascriminaljustice.com/weed-may-be-legal-where-youre-from-not-in-texas/)

**Published:** May 5, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![cannabis legalization](https://texascriminaljustice.com/wp-content/uploads/2023/05/Diaz-1-Weed-May-Be-Legal-Where-You_re-From-Not-In-Texas_May-2023.jpg "cannabis legalization")Many states have decriminalized marijuana possession, but it is still illegal in Texas. If you are convicted of cannabis possession in Texas, you can face serious consequences. Learn more below and contact our [Galveston County drug possession defense attorneys](/drug-possession/) at Mark Diaz & Associates for legal assistance with your case.

## Is Cannabis Legal In Texas?

No. If you are convicted of cannabis possession, you can get a jail sentence of up to 180 days even if you were carrying less than two ounces. So, carrying a small quantity of weed could sometimes put you in jail for up to six months.

Imagine being on vacation in Galveston and picked up for carrying a small amount of weed! This could turn your life upside down. While courts do not usually sentence people to the maximum, under the law, it is certainly possible.

The penalties for cannabis possession in Texas are as follows:

- [Two ounces or less](https://norml.org/laws/texas-penalties-2/): This is a Class B misdemeanor with a maximum sentence of up to 180 days and a fine of up to $2,000.
- Two to four ounces: This is a Class A misdemeanor with a maximum sentence of up to one year and a fine of up to $4,000.
- More than four ounces and up to five pounds: This is a state jail felony with a maximum sentence of two years in a state jail and a fine of up to $10,000.
- More than five and up to 50 pounds: This is a third-degree felony with a maximum sentence of 10 years in prison and a fine of up to $10,000.
- More than 50 and up to 2,000 pounds: This is a second-degree felony with a maximum sentence of 20 years in prison and a fine of up to $10,000.
- More than 2,000 pounds: This is a felony with a maximum sentence of up to 99 years in prison and a maximum fine of $50,000.

## Possessing Marijuana Paraphernalia In Texas

It is also a crime to possess marijuana paraphernalia. The Texas statute says that [many things can be considered drug paraphernalia](/what-items-are-considered-drug-paraphernalia-in-texas/), including vaporizers, bongs, and grinders. So if you are on vacation in Galveston and are charged with paraphernalia possession, you can still get yourself into some trouble.

## What To Do If The Police Pull You Over For Cannabis Possession

One of the most common ways people are arrested for this charge is during a routine traffic stop in Galveston County. For example, the police officer might pull you over for speeding but smells or notices weed in the car. Here are a few tips if you are pulled over under these circumstances:

### Do Not Keep Cannabis In Your Vehicle

This is stating the obvious, but the best way most people can avoid a cannabis possession charge in Texas is never to have it in your vehicle or on you. Whatever you think of the marijuana possession laws in Texas, you can be arrested whenever you leave your home with weed on you or in your vehicle.

### Say As Little As Possible

When the police pull you over and you have cannabis in the vehicle, it is critical to watch what you say. One of the easiest ways to be put behind bars for possessing cannabis is to admit you have it in the vehicle.

### Monitor Your Behavior

When you talk to a police officer, you should know how you behave. If you show any hint that you are under the influence of drugs, they can detain you further and possibly search your vehicle if they can establish probable cause to do so. If this occurs, anything not in plain view of the officer may and likely will be found.

### Know Your Constitutional Rights

You have several rights under the US Constitution, including the right to remain silent and to be free of illegal searches and seizures. You also have a right to a lawyer, and you should take advantage of that right by calling a Galveston County cannabis possession attorney.

## What About Medical Marijuana In Texas?

If cannabis possession is illegal in Texas, you can surely have medical marijuana, right? Wrong. Texas law does not allow medical marijuana except in limited situations that fall under the compassionate-use law. This exception will enable physicians to provide low-THC marijuana to patients with certain medical conditions. Low-THC cannabis prescriptions do not contain more than 1% THC.

There may be a change in this soon as [the Texas House just passed a bill increasing the availability of medicinal marijuana](https://www.texastribune.org/2023/04/11/texas-medical-marijuana/) as well as increasing the amount of THC allowed.

For your doctor to write you this prescription, there are several requirements:

- You must be a permanent resident of Texas. So, if you are on a Texas beach vacation from out of state, you cannot have medical marijuana in the state.
- Your physician complies with various registration requirements.
- You have a specific medical diagnosis, such as cancer, autism, epilepsy, multiple sclerosis, PTSD, or neurodegenerative disease.
- Your doctor says the risk of using low-THC marijuana is reasonable because of its potential benefits for your condition.

## How To Fight A Cannabis Possession Charge In Texas

You should never take a [cannabis possession charge](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm) lightly in Texas. Being convicted can lead to serious consequences in terms of jail time and fines. Plus, you will have a criminal record that can affect your ability to get or hold a job, rent an apartment, and more.

The first thing you should do after a cannabis possession arrest is contact an experienced criminal defense attorney in Galveston County. A lawyer in your corner specializing in drug possession charges will be a major asset. Contact your attorney as soon as you can after the arrest so they can build the best defense.

There are several strategies your attorney could use to combat a marijuana possession charge. However, every cannabis possession charge has unique aspects, so your attorney must approach it appropriately. Also, remember that the prosecutor must prove their case beyond a reasonable doubt, and your attorney might argue that they did not do so.

Your attorney could also maintain that your person or vehicle was searched illegally. The police officer may not have probable cause to search; the Fourth Amendment protects you against illegal search and seizure. If that were the case, the evidence the police obtained during the search is inadmissible in court.

In many cannabis possession arrests, the police may not Mirandize the suspect correctly. Or, they could deny your right to see an attorney in the hours after the arrest.

Your lawyer also could dispute that you possessed the drugs. Prosecutors learn that possession of drugs means care, custody, and control. They also hold that possession could be constructive or actual, and two people can possess the drugs simultaneously. So, it can be difficult to persuade many prosecutors that you did not possess the drugs. But this does not mean a jury will not listen to such an argument.

Chain of custody is another potential argument for your criminal defense attorney. If your attorney can show the chain of custody was compromised, it is possible to get the evidence thrown out against you. Generally, your greatest chance of success here will be if there was an issue with the first or last part of the chain of custody. If that is the case then the judge might rule that the evidence is inadmissible before the trial begins.

Next, there could be an issue with the lab that analyzed the drugs found on you. Many drug laboratories have problems reporting errors, accreditation loss, and [dry labbing](https://en.wiktionary.org/wiki/dry_labbing). If there have been any issues with the drug labs analyzing drug samples from local police stops, your attorney will know about it.

Timelines also matter in these cases. If the prosecutor does not adhere to a strict timeline before and during the trial, your attorney will point it out. Overall, depending on the case’s particulars, your experienced cannabis possession defense attorney will devise the most vigorous defense.

## Contact Our Galveston County Drug Possession Defense Attorneys

Many states have relaxed marijuana possession laws but Texas is not one of them. However, the evolving state of marijuana laws presents problems and there are sometimes questionable arrests and encounters with law enforcement. If you have been arrested on a cannabis possession charge, you need legal help today. [Contact our Galveston County drug possession defense attorneys](/landing-form/) at Mark Diaz & Associates by calling (409) 515-6170.

**Categories:** Drug Possession Defense Attorney

**Tags:** Drug Possession

---

### [How A Domestic Violence Conviction Can Impact Your Life](https://texascriminaljustice.com/how-a-domestic-violence-conviction-can-impact-your-life/)

**Published:** May 16, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2023/05/Diaz-3-How-A-Domestic-Violence-Conviction-Can-Impact-Your-Life_May-2023-1-1-scaled-1.jpg "domestic violence")If you face a domestic violence charge, you should know what can happen if you are convicted. In addition to jail time and fines, many other consequences could linger for years. Learn more below, then speak to our [Galveston County domestic violence lawyers](/assault-and-battery/) at Mark Diaz & Associates for the best criminal defense.

## Penalties For A Domestic Violence Conviction

If you are convicted of this crime, the penalties can be severe, depending if the charge is [domestic assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm), aggravated domestic assault, or continuous violence against the family. The charges could be a Class A misdemeanor up to a first-degree felony, and punishments can be as little as one year in jail and as high as 99 years in prison for the most severe charge. Fines usually range between $4,000 and $10,000.

However, the court could order community supervision or probation for a period rather than jail or prison time for lesser charges. You must comply with all terms of your community supervision or probation terms, or you could be imprisoned. You also may be required to have anger management counseling.

Furthermore, the judge could issue a protective order that prevents you from visiting the victim. This protective order could be valid for two years and prevent you from going near where the person lives, works, or goes to school. A domestic violence conviction can also affect any child custody or divorce proceedings.

## Trouble Finding Work Or Going To School

One of the most severe consequences of a domestic violence conviction after serving your sentence is finding or keeping a job. Most companies perform background checks on possible employees. If they see you have a domestic assault conviction, you could be refused employment. Also, if you lie about that aspect of your past, it could make the situation worse.

It also is possible to be denied employment based on the kind of work. For example, if the work involves children or women, employment could be denied if you have a domestic violence conviction. Further, you could have difficulty keeping your job if you are employed in these areas:

- Daycare provider
- Teacher
- Military member
- Bus driver
- City, county, or state employee
- Pilot
- Firefighter
- Police officer
- Healthcare worker

Jobs that require you to have a security clearance, special license, or carry a gun could be challenging to keep. Also, when facing a domestic violence charge, appearing in court could complicate your efforts to stay employed.

If you are in college or planning to attend, you could also face criminal record problems. For example, colleges and universities sometimes perform background checks and can deny attendance if you have been convicted of domestic assault.

## Child Custody

One of the quickest ways to lose in your child custody dispute is to be convicted of domestic violence. In addition, the family court judge may question your ability to obtain or maintain custody of your children.

## You May Need To Move Or Be Forced To Be Deported

Another consequence of being convicted of domestic violence is you could lose your home. The judge could order you to vacate your home if that is where the victim lives. Also, finding a new place to live could be challenging because some property owners will not rent to someone with a violent criminal record.

If you are not a US citizen, being convicted of domestic violence could cause you to be deported. You also could be given a denial of re-entry.

## Loss of Status

Being charged with domestic violence can lead to a loss of status where you live. Your friends, coworkers, neighbors, and acquaintances could shun you. If you are convicted, anyone who knows about it might not want anything to do with you, which can be profoundly upsetting and life-altering to most.

## Loss Of Voting Rights

If you are convicted of a felony, you will lose your voting rights indefinitely.

## Loss of Gun And Hunting Rights

If you have guns, you could be required to sell them or hand them over to the police when you have a domestic violence conviction. In addition, you could be banned from having a gun for up to five years after completing your domestic violence sentence.

Note that these restrictions are because of federal law and not the laws of Texas. The [Lautenberg Amendment](https://www.justice.gov/archives/jm/criminal-resource-manual-1117-restrictions-possession-firearms-individuals-convicted) was passed by Congress in 1996 banned people convicted of domestic violence from owning guns. This was an amendment to the Gun Control Act of 1968. You also could be prohibited from having a hunting or fishing license because of a domestic violence conviction.

## How To Fight A Texas Domestic Violence Charge

All domestic violence charges must be taken seriously, but there are many false accusations made. If you are innocent of the charge, there are things you can do to increase the chances of the charges being dismissed:

### Provide Your Side

When the police came, they might have ignored your side of events and did not add it to the police report. So, you should be proactive and make your own record of your side. Write down what happened as soon as possible when your memories are freshest. A trial could be months away, so writing it all down the same or the next day could help your lawyer construct a defense.

### Obtain Witness Statements

Did anyone witness what happened? Get the names and contact info for those people to your lawyer. They will then be able to get statements from anyone who saw the incident, including a sworn statement, and audio and video recordings can also be effective.

### Alcohol Use

If the alleged victim was under the influence, they could be less credible. Intoxication might be a sign to the jury that the victim was untruthful or was not thinking as clearly as they could have been. Video and photos from a cell phone and surveillance videos can help show the alleged victim was intoxicated before the alleged event occurred. These things should be provided to your attoney, if they exist.

### Photos

Before and after photos can be useful to fight domestic violence charges. The photos could show that there were no injuries or even the alleged victim attacked you. Again, these should be provided to your attorney.

### Text Messages

Text messages can be a practical part of a domestic violence defense case. Text messages are a permanent record of someone’s feelings and thoughts at a given time. So, text messages are persuasive evidence for a jury to consider.

### Social Media

Social media posts also can be a powerful part of your defense. Sometimes the alleged victim will make social media posts undermining their domestic violence claims.

### Dress Well For Court Appearances

Many criminal defense attorneys recommend dressing well for all court hearings. It also can help to cover tattoos with a cover cream or clothing. Dressing like an executive every time you are in court can make a big difference in what happens with a domestic violence charge.

Some attorneys note that even making a good impression on the prosecutor by dressing well can make a difference in how the case turns out. The thinking is that prosecutors know that well-dressed defendants make a stronger impression on jurors, making them more likely to make a deal.

### Has the Victim Signed an Affidavit of Non-Prosecution?

Sometimes the alleged victim will make up a charge or change their mind about pressing charges. However, after a domestic violence report is made, the case will continue to go through the Galveston County prosecutor’s office. The office may decline to pursue the matter, but that is up to the prosecutor.

However, the alleged victim can help by signing an affidavit of non-prosecution if that isd what they desire to do on their own. The idea of this document is to tell the district attorney that the victim does not want the case to continue. Depending on the situation, signing the affidavit could result in positive implications on the case. That being said, the state can still proceed even if the alleged victim doesn’t want to proceed with the case.

So, even if the alleged victim does not want the case to continue, the state can continue with it until the bitter end if they choose. In this situation, you need the best domestic violence defense attorney you can find.

### Contact Our Galveston County Domestic Violence Lawyers Today

Have you been charged with domestic violence in Texas? You face jail, fines, community service, and more. After you serve your sentence, you also could have difficulty finding or keeping a job or renting an apartment. That is why fighting the charge as hard as possible is essential. [Contact our Galveston County domestic violence lawyers](/landing-form/) today at Mark Diaz & Associates at (409) 515-6170.

**Categories:** domestic violence lawyers

**Tags:** domestic violence

---

### [Galveston Defense Attorney On Domestic Violence Charges and Punishments](https://texascriminaljustice.com/galveston-defense-attorney-on-domestic-violence-charges-and-punishments/)

**Published:** May 18, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![misdemeanor](https://texascriminaljustice.com/wp-content/uploads/2023/05/misdemeanor.jpg "misdemeanor")

## **Collateral Consequences Of Domestic Violence Convictions** 

I looked at popular search terms that lead people to my website, and a very high-ranking search searched in differing ways, deals with domestic violence, family assault charges, etc… so I thought I would do a quick video talking about the collateral consequences of a conviction for domestic violence. Specifically, if there is an affirmative finding of family violence.

Sometimes the punishment offered by the state is something a lot of people can accept. Let’s say it’s time served and a fine, or probation, it is usually a punishment someone can live with. However, and I say this too much when people represent themselves, they don’t understand the collateral consequences of an affirmative finding of family violence, which often comes with anything involving domestic violence.

### Lose Right To Possess Firearms For Five Years

The affirmative finding can affect you in ways you never imagined. One of the biggest that I face often is that if there’s an affirmative finding of family violence, you will lose your right to possess firearms for five years. The reason that I run into this as a problem is that a lot of my clients charged with domestic violence are men who hunt. If there is an affirmative finding of family violence against you, you’re done hunting for the next five years, and a lot of people can’t handle that.

### A Domestic Violence Conviction Can Impact Your Employment

Then of course another collateral consequence that’s important is that a charge like this could affect your employment. If you are a daycare worker, a teacher, in the military, a bus driver, a city, county, or state employee, a pilot, firefighter, police officer, health care worker, and you were to have an affirmative finding of family violence it would mean the loss of your employment.

Here locally, we’ve had cases in the past with police officers accused of something like this. They have gone to trial specifically because they had to attempt to fight this, so they would not lose their peace officer’s license. Any type of employment that requires security clearance, a special license, or the ability to carry a weapon will likely be affected. You would probably lose that employment if there was an affirmative finding of family violence, again, if you have to carry a gun as part of your employment, you’ll be barred from that for five years from the finding, so it’s a big deal.

### You Can Lose Acceptance To A University

Another one we see is in colleges and universities. You could lose your acceptance to school with this type of charge. We see that with drugs as well. A young person with a drug charge can still go to school, however, it can affect their ability to get financial aid. So a lot of times people don’t understand that there can be collateral consequences outside of whatever punishment is being discussed in a case.

## You Never Want To Represent Yourself In Court

In [Galveston County](https://www.galvestoncountytx.gov/), especially in misdemeanor court, people represent themselves daily. Many times they don’t know what collateral consequences they could face. The same thing goes if you’re not a United States citizen, depending upon your status, you could lose that status for a domestic violence case, you could be deported, or have your re-entry into the country denied. These are all things that competent attorneys are aware of and advise clients on. The problem that I see is people trying to represent themselves in misdemeanor court.

Recently, I was in a misdemeanor court. I was sitting at the counsel table and a young man had come up, who was representing himself. He didn’t speak English, so they were using a translator. I was listening to the plea negotiations and what he was about to walk into, and I just couldn’t take it. So, I spoke to him a little bit, got some more information, and I ended up working out a much better deal for him. I didn’t charge him, but I just knew that he did not fully understand the consequences of what he was about to do. I ended up standing in, helping him with the plea, and standing before the bench and helping him take his plea.

If you know me you know that it is a big irritation of mine that here in Galveston County, defendants in misdemeanor court are offered to speak to the DA themselves and attempt to work their case out without the help of either an appointed attorney or a retained attorney. So that got me on a path of collateral consequences to convictions. I was looking at the search history, again, and we had a high number of searches for cases involving domestic violence.

I know I’ve covered this before; I’ve blogged on it. However, I don’t know if I’ve ever touched on the collateral consequences of a conviction. There are resources that attorneys have, or we can look up collateral consequences for all types of convictions.

## Crimes Of Moral Turpitude

Crimes of moral turpitude could affect your ability to seek employment. One is theft, theft is a crime of moral turpitude. Often people will get caught shoplifting at Walmart, Target, you name the store, and they’ll go to court by themselves. The prosecutors will offer something that sounds good, time served and a fine, or time served and no fine, just pay your court costs. To some people, it sounds really good, because they don’t have to pay a lawyer and they don’t have to do anything, plead guilty, and walk out of there.

The thing is with a conviction for theft, future employment will be almost impossible. I don’t know any employers off the top of my head that will hire anyone convicted of theft, the obvious concern being that this employee could potentially steal from the employer. So it’s important if you’re in a particular situation with whatever case you have, that you talk to your attorney about what you do for a living, and the possible collateral consequences to any conviction.

A good attorney is going to make sure that you understand the full range of possibilities that could happen in a case. Sometimes people will come to us that do not have a viable defense. When that happens, we have to find alternative ways to resolve a case, while avoiding these collateral consequences.

I recently had a woman that had been employed somewhere local for over 20 years and was arrested for shoplifting. HR found out and terminated her employment. It looks as though if I can get that case dismissed, the employer will let her return to employment, but just for the mere charge, she had not even been found guilty, and the employer terminated her employment. It’s going to turn out okay, I’ll make sure of that, but there’s just so much that you need to take into consideration before you make an ultimate decision about how you’re going to dispose of your case. I just wanted to touch on that as a shorter video today. I need to get back into the habit of doing these live sessions. I’ll try to hit you all again next Tuesday. Y’all enjoy the rest of your week.

## Contact Our Galveston Criminal Defense Attorney

If you are facing criminal charges for a crime in Galveston County or elsewhere in the area don’t try to represent yourself in court. [Contact Mark Diaz and Associates](/landing-form/) at (409) 515-6170.

**Categories:** Domestic Violence Lawyer

**Tags:** domestic violence, misdemeanor

---

### [What Happens When You Jump Bail In Texas?](https://texascriminaljustice.com/what-happens-when-you-jump-bail-in-texas/)

**Published:** May 23, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![bail jumping](https://texascriminaljustice.com/wp-content/uploads/2023/05/Diaz-2-What-Happens-When-You-Jump-Bail-In-Texas_May-2023-1.jpg "bail jumping")

## Galveston Criminal Defense Attorney Discusses Bail Jumping And Consequences

I got started a couple of minutes late today, but I had the idea to talk about bail jumping. What does it mean, and how does it work? Once your bail has been set, you can pay the full amount to the county. So if your bail is $10,000, and you have the money, you can go and pay that to the county and you’ll be released upon the final resolution of your case, your money will be refunded to you, minus an administrative fee, which is less than $100. It’s not a big amount.

### How Bail Bond Companies Work

If you don’t have the money to make a cash bail, you can go to a bonding company or a bondsman. They’ll typically charge you 10%. So, if it was a $10,000 bond, and you went to a bonding company, they’re going to charge you $1,000. They pledge $10,000 to the county for you. They don’t pay the county that $10,000, but they pledge it.

That gives them skin in the game, in that if you decide to later jump bail, not only will you have a warrant for your arrest coming out of the court where your case was, but the bonding company is going to be looking for you too because they don’t want to have to actually pay the county that $10,000, or the full amount of whatever your bail was. They have a time period where they can get that done without having to pay the county. So they’ll be out looking for you, as well as having a warrant for your arrest.

If you find yourself in a position where you have decided to jump bail, what you’ll find is that when they ultimately capture you, you can be charged with an additional offense of bail jumping. So if it’s a misdemeanor, you’re going to be charged with another misdemeanor. If it’s a felony, you’re going to be charged with felony bail jumping, which is third-degree and two to 10 years. Then, if the state is particularly offended by the fact that you jumped bail, they can stack that sentence on top of whatever sentence you might get on the first charge that you are originally out on bail for.

So, bail jumping is typically just a bad idea. Believe it or not, it does happen with some degree of frequency. We had a client recently, that was out of state on an ankle monitor. He cut that monitor off and just took off. We don’t know where he is, we can’t get a hold of him. We called his family, and they claim they don’t know where he is either. I tried to withdraw from that case after he fled. Thus far the judge has denied my motion to withdraw. on that case. I say it’s because the judge is punishing me for my client’s failure to appear, but the judge says that’s not what he’s doing.

### Bail Jumping Angers District Attorneys And Prosecutors

Another thing that people don’t take into consideration is that even if you’re not charged with bail jumping, which is an additional charge, the prosecution, and the court are now upset with you. So the more time that you stay on the run, it’s likely that any plea negotiations that were happening in your case earlier, are now going to be out the window and they are going to want a much harsher punishment for the original crime.

Having been here for 25 years, we’ve had some interesting times when people have skipped bail. One of them that’s memorable, well, this happened twice in a short period. The person failed to appear on the day we were supposed to start their jury trial. I’m guessing they were scared of what may happen in court, and just decided to take their chances.

One was caught within a month or two, he committed a crime in another county and was arrested. We ended up working his case out for a plea agreement, they did not file an additional charge on him. Of course, they did threaten to, if they decided to go to trial on the original case, but we ultimately worked that one out.

Another client didn’t show up for his trial. It’s been a couple of years now maybe, pre-COVID. It was years ago, and we’ve never heard from him. If he’s been arrested somewhere, I don’t know. After a significant amount of time, we were ultimately able to withdraw from his case. I haven’t looked it up in a while, so if he was later found, I never found out about it.

I guess it was last year, Jessica was on trial, they had actually already selected a jury and started the trial, and our client just didn’t show up for the next day of trial. He’s been on the run now for about a year. The bottom line is, even if they don’t charge you with an additional crime for bail jumping, whatever situation you were in earlier with your case, has likely gotten worse. In the event that because of the passage of time, the original criminal case can no longer proceed forward due to lack of witness or whatever, you can probably rest assured that the state will indeed charge to bail jumping and go forward with that case.

### Communication With Your Lawyer Is Essential

It is so easy many times for people to avoid any of these problems. Frequently, we have clients that do not appear in court. However, they call us and tell us why. Life happens, right? This happened a lot during COVID, people would test positive, and they would call us and say I’m positive, what do I do? We would say, well, email us the positive results, and then we go to court and show the judge what our clients have presented us

Many times, the court is understanding and will give us a future date. So sometimes people can’t make it for a variety of reasons in life. Rather than contact us and try and see what we can do, they just say, I’m gone, I’m going to hide until they catch me. That’s not the best thing to do. If you have found yourself in a position where you missed your court date, the best thing you can do is immediately contact your lawyer, see what the lawyer says, and then do what your lawyer tells you to do.

I have a small window of time, two maybe three days, where if you didn’t show up, and the court issued a warrant, with a good reason I can get the court to recall that warrant. Now, if that time has passed, but it’s still in recent history, you can still come in. You may have to go back to jail and post a new bond, but at least if you do that you won’t have damaged your case, or whatever the possible resolution of your case might have been.

The whole point of this topic today is, if you miss court, for a legitimate reason, make sure to contact your lawyer, and they will contact the court to see what can be done. There are situations where people make conscious decisions to run for fear of punishment, or fear of whatever, in that case, there is not much that can be done until they’re captured by law enforcement.

### Technology Makes It Easy To Find You

As far as I know, I’ve not had anyone flee the country. The other thing you have got to understand is that with today’s technology when law enforcement goes looking for you, these days, it’s not hard to do. If you’re on social media, they can check your social media, they can get a warrant, and find out where the IP address that you’re using to post on social media.

There are just so many ways these days to find people with the technology that we have. It’s just not a good idea to run. If you somehow miss court, get in touch with your attorney immediately, so that it does not turn into a bail-jumping case, and possibly not even get a warrant out of the deal. The courts understand that life happens, and sometimes people don’t show up for a multitude of reasons.

Another situation that has happened to us is that our client ends up getting arrested for a different crime in a different county and is in jail. When that is the situation, you didn’t fail to appear in court voluntarily, it’s because you were incarcerated. In that situation, you would never be charged with bail jumping, and you more than likely would not get a warrant.

However, in that case, your bonding company can surrender your bond since you’re in another county jail. That just means that once you’re done in that county, you’ll be brought here to Galveston, but you will not have a warrant. You will just have that case. If you did all that, and then once you came out, you can bond out again, because you didn’t fail to appear voluntarily.

When you are freed from jail on bail, you must show up on your assigned court date. If you do not, you can be charged with jumping bail and face another criminal charge on top of whatever else you have been charged with. It is especially common to be charged with bail jumping if you are accused of a felony and fail to appear. Our [Galveston County criminal defense lawyers](/) at Mark Diaz & Associates can help if you are charged with jumping bail or do not appear for your court date, but contact us as soon as possible for the best result.

## An Overview Of Bail And The Bail Bond Process

Courts in Galveston County have leeway in setting bail amounts as long as the bail is not excessive. The judge will usually set bail in a misdemeanor or felony case depending on how serious the offense was and the amount they think is needed to ensure you will appear in court. Further, bail will be set at an amount the judge thinks you can pay.

You often do not need to pay the full bail amount. A local bail bondsman can pledge the full amount and usually charge a fee of approximately 10%. For instance, if your bail is $10,000, the bondsman would receive $1,000 for pledging that money to the court. If the bail is higher, you may need to offer collateral, such as a car or house, to ensure you will appear.

You should be released after paying your bail and giving the court your contact information. However, you must agree to return to court on a specific date and time to deal with your charges.

Bail bondsmen usually check in to ensure you are obeying your bond conditions, such as not committing other crimes and not leaving the county. If the bondsman cannot find you or thinks you broke the terms of your release, they can ask the judge to issue a warrant. If the judge issues the warrant, you could be returned to jail and lose the money you provided to the bondsman.

Also, the judge could issue a [capias warrant](https://thelawdictionary.org/article/what-is-a-capias-warrant/) if you jumped bail and lack a reasonable excuse for not appearing. If you have a criminal warrant, you can be arrested at any time and will probably be put in jail until your case is dealt with.

## Jumping Bail Law In Texas

[Texas Penal Code 38.10 ](https://casetext.com/statute/texas-codes/penal-code/title-8-offenses-against-public-administration/chapter-38-obstructing-governmental-operation/section-3810-bail-jumping-and-failure-to-appear)states that bail jumping and failure to appear means you were legally released from custody on the condition that you would appear, but an offense is committed if you intentionally fail to appear in court per the terms of your release. Additionally, the law states that the statute of limitations for charging someone with bail jumping is three years.

It is important to understand that bail jumping does not only mean you fled the county to avoid being prosecuted. The prosecutor may charge you with this crime if you do not appear in court. However, the law does allow two potential defenses to jumping bail.

The first is that your failure to show up in court was related to parole, an intermittent sentence, or community supervision. The second is that you had a reasonable excuse for not appearing, but what you and the judge consider ‘reasonable’ could differ.

## More Reasons Why Jumping Bail Is A Bad Idea

There are several ways that Galveston County law enforcement can find you if you jump bail. For example, someone with a warrant for their arrest is often pulled over for a traffic violation. Also, police use drones and license plate scanners in the Houston and Galveston area so they may spot you in your vehicle. Or a licensed bondsman could track you down at home, work, the gym, or somewhere else. Once they find you, some of the consequences of jumping bail are:

- The judge can issue a warrant for your arrest and revoke your bond.
- You could have your driver’s license suspended.
- You may be ineligible for bail if you are charged with a crime later.
- You will have additional charges, such as failure to appear or contempt.
- The bond amount will likely be increased.

If you have jumped bail or not appeared in court for your charge, the best thing to do is to surrender yourself to local law enforcement and call your lawyer. If the police or bondsman must track you down, it is likely you will receive a harsher punishment.

## Jumping Bail Punishments

Jumping bail is classified as a Class A misdemeanor, so you could receive up to a year in jail and a $4,000 fine. However, if the initial crime was only punishable by a fine, such as a minor speeding ticket, failure to appear is a Class C misdemeanor, for which you can only be fined.

If you jump bail on a felony charge, it is more serious. In that case, it is a third-degree felony, and you may receive between two and 10 years in prison.

Jumping bail can also cause the court to order your cash bond or bail forfeited. So, you will not have your money returned at the end of the case. In addition, if you used a bondsman to get your bond, they can demand their money and seize the collateral you offered in exchange for the bond money.

## Why You Need An Attorney For A Bail Jumping Charge

If you have been charged with a crime in Galveston County that could result in jail time, you should always have a lawyer representing you. However, if you are also charged with jumping bail, you need an attorney to help prove it was an accident, so you do not get in worse trouble.

For instance, it is possible your court date documents went to the wrong house, so you did not know when to go to court. Or, if you had a bail bondsman who got the judge to put out a warrant for your arrest, the attorney can question the intentions of the bondsman to suggest you did not really jump bail.

Mark Diaz & Associates are familiar with the courts in Galveston County, including the judges and prosecutors, so they can help you to navigate these tricky legal waters if there is a bail jumping charge. Attempting to navigate the justice system alone with a bail-jumping charge is not recommended!

## Jumping Bail FAQ

Below are common questions and answers about jumping bail in Galveston County. Mark Diaz & Associates can help if you have been charged with this crime.

### Do I Have To Go Back To Court After I Bail Out Of Jail?

If the court releases you on bail, they usually will give a court date about 30 days after you leave custody. You will likely need to return to court roughly every 30 days until the matter is resolved. If you fail to appear in court, the judge will probably revoke the bond, and you will be arrested and put in jail until the original case is settled.

If you cannot get to court for a legitimate reason, such as illness or an auto accident, call your attorney and provide proof so they can convince the judge not to revoke your bond.

### How Can I Be Charged With Jumping Bail When I Did Not Leave The County?

The law does not require you to leave the jurisdiction to be charged with jumping bail. You can be charged with this crime simply for not appearing in court.

### My Bail Bondsman Said I Could Skip My Court Date, So I Am Ok, Right?

The bail bondsman has no part in whether you could face bail-jumping charges. After you do not appear in court, the bail bondsman will decide if they will surrender you. This decision is independent of whether you have bail-jumping charges filed against you. Only the county prosecutor decides if they will charge you with jumping bail.

### I Cannot Be Charged With Jumping Bail If I Beat My Original Charge, Right?

Wrong. Bail jumping is another crime, and dismissing the original case does not eliminate the bail jumping charge. You can still be fined and even sentenced to jail for jumping bail, but our attorneys can provide a defense to these charges.

### What Is The Statute Of Limitations For Jumping Bail?

The statute of limitations for jumping bail in Texas is three years. This means you can be charged with jumping bail within three years of the date you did not appear in court.

### Do You Get Bail Money Back?

After you pay your bail, you must return to court to face your charges. If you show up, you will get your money back. If you do not appear, you will lose your bail amount and could have additional charges against you.

### Can My Attorney Get My Bail Amount Reduced?

Sometimes. You can ask the court to reduce your bail in the bail hearing. Your attorney may help you get a reduced bail by arguing you are not a flight risk. For example, if you live in Galveston County, work to support your family, do not have a passport, and do not usually leave the state, you are likely not a flight risk.

## Contact Our Galveston County Criminal Defense Lawyers Today

One of the things that can make criminal charges worse is not showing up in court. You need immediate legal assistance if you have been accused of jumping bail or failing to appear in Texas. Our Galveston County criminal defense lawyers at [Mark Diaz & Associates](/landing-form/) can help, so call (409) 515-6170.

**Categories:** Bail Bond

**Tags:** bail

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### [List Of Drug Charges And Sentences In Texas](https://texascriminaljustice.com/list-of-drug-charges-and-sentences-in-texas/)

**Published:** May 29, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug charges](https://texascriminaljustice.com/wp-content/uploads/2023/05/Diaz-1-List-Of-Drug-Charges-And-Sentences-In-Texas_June-2023-1.jpg "drug charges")When you are charged with a drug crime in Texas, having as much information as possible is essential. Texas treats drug charges seriously and the Galveston County prosecutor will work tirelessly to convict you. One recent estimate is that about [88,650 Texans](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf) are charged with drug crimes yearly, with drug possession being the most common. However, if you have been accused of a drug crime, our [Galveston County drug crime attorneys](/drug-possession/) at Mark Diaz & Associates will fiercely defend you.

## How Does Texas Classify Drug Crimes?

Texas drug laws are classified by drug type and resemble the federal drug classification system. Texas law outlines several illegal drug classifications in a numbered system. When the number is lower, the controlled substance is more dangerous and less likely to have a legitimate medical purpose. The categories are:

- [Groups 1 and 1-A](https://statutes.capitol.texas.gov/docs/HS/htm/HS.481.htm): Heroin, LSD, cocaine, codeine, crystal meth, Oxycodone
- Group 2: Ecstasy, PCP, mushrooms
- Group 3: Ritalin, Xanax, Valium
- Group 4: anabolic steroids and benzodiazepines
- Marijuana: In its own category; cannabis possession is still illegal in Texas, although medical marijuana is allowed for certain conditions

## Other Factors That Control Texas Drug Charges And Sentences

The type of drug involved in the crime is a significant factor in how it is charged. Also important are these factors:

### Drug Amount

The police will check how much of the drug you have in your possession or control when you are arrested. The more that you have, the more serious the charge may be. For instance, if you have only ½ an ounce of marijuana, you might only be charged with possession. But if you have 10 kilograms of weed in your trunk, you could face a drug trafficking charge.

### Type Of Crime

Drug possession in Texas is generally considered a more minor drug crime than manufacturing or delivering because it usually only affects the person arrested. However, if you are caught in possession of more significant amounts of drugs that could be for resale, you may be charged with manufacturing or trafficking, which are serious offenses.

## Drug Possession Penalties In Texas

How severely you are punished for drug possession in Texas depends on many factors. One of the most significant factors is the type of drug that was involved:

- Group 1 and 1-A: Any amount of possession is a felony. Includes serious drugs, such as heroin and cocaine, and the penalties begin at six months to two years in jail and up to a $10,000 fine. However, if you have more than 400 grams of heroin or cocaine, you could receive 10 to 99 years in prison and a fine as high as $100,000.
- Group 2: Also charged as a felony. Includes PCP and ecstasy, punishable by six months to two years in jail and a fine of up to $10,000 if you have less than a gram. If you have more than 400 grams, you can get five to 99 years in prison and a fine up to $50,000.
- Group 3: Possession of small amounts is a misdemeanor. Includes Valium and Ritalin, and punishable starting at up to one year in jail and a $4,000 fine. For larger quantities over 400 grams, you can get up to 99 years in prison and a fine not to exceed $50,000.
- Group 4: A Class B misdemeanor for less than 28 grams. This penalty group includes morphine and opium. You can receive up to six months in jail without a prescription and a $2,000 fine. Larger quantities also can be punished by five to 99 years in prison and a max $50,000 fine.

## Marijuana Possession

Many states have decriminalized some forms of marijuana possession, but Texas is slow to the game. Possessing marijuana is still a crime, although medical marijuana has been legalized for some conditions and under limited circumstances. You still can be charged with a misdemeanor for possessing small amounts of marijuana – less than two ounces is a Class B misdemeanor. But if you have large quantities of marijuana above 2,000 pounds, it is a first-degree felony charge, punishable by up to 99 years in prison and a max $50,000 fine.

## Sentences for Manufacturing, Trafficking, And Distributing

Drug possession in Texas is one thing, but if you are arrested with large amounts of drugs, this suggests your intent is manufacturing and distributing, which are much more severe charges. Texas statutes refer to ‘delivery,’ which means trafficking. It is against Texas law to deliver or transfer an illegal drug, paraphernalia, or other illegal narcotic materials. It also is against the law to offer to sell them, even if you do not complete the transaction.

Also, drug manufacturing means any act involved in cultivation, production, growing, compounding, or processing. It also involves labeling and packaging. Any drug manufacturing, distributing, or trafficking case is a felony in most cases.

## Texas Drug Charge FAQ

You probably have many questions if you were charged with a drug crime in Galveston County. Here are some common questions and answers:

### Is Cannabis Possession Legal In Texas?

No. You still can be charged with marijuana possession, but some jurisdictions may not prosecute you for having small amounts of cannabis on you. In addition, the state does now allow low-THC cannabis to be used for specific medical conditions.

### Do I Need A Lawyer For A Drug Possession Charge?

Yes, a drug possession charge is serious with serious ramifications as this article has discussed. When you are in court on a criminal matter, it could affect your life for years. For example, drug possession is a criminal charge, so you should have an attorney.

### What Is The Most Common Drug Charge?

In Texas, drug possession is the most common charge. For many years, marijuana possession was the most frequent charge, but it depends on the area. For example, some counties see more methamphetamine charges; that used to be the case in Galveston County. But what is popular on the streets can change over months and years.

### Can I Lose My Driver’s License With A Drug Conviction?

Yes. If you are convicted of a drug crime in Texas, you may lose your license for up to 180 days or more. In addition, you must pay a reinstatement fee that is currently approximately $125 which is due to Texas DPS to get your license back.

### How Long Does A Drug Conviction Stay On Your Record?

The drug charge is on your record for life if you are convicted. However, some case outcomes are not convictions, so it depends. As long as it is not a conviction, expunction of the charge can be possible in some situations. If your record is successfully expunged and the judge signs off, you can deny ever being arrested or that the case occurred.

### Can My Drug Charges In Texas Be Dropped?

Yes, it is possible in some cases. Your attorney could find something that law enforcement did wrong procedurally that could weaken the case. Or, sometimes there will be a case where the ‘illegal drug’ turns out not to be.

### Which Illegal Drugs Get The Highest Penalties?

Group 1 drugs, including meth, cocaine, and fentanyl, get the harshest penalties, but much depends on the amount. For example, if you carry more than 400 grams of a Group 1 drug, you could receive between 10 years to life.

### Can I Be Convicted For Having Drugs In My System?

Having drugs in your body is not drug possession. It needs to be in your control or custody for you to be charged with drug possession.

### What Is The Lightest Punishment For Drug Possession In Texas?

If it is a small quantity of illegal drugs, some convictions may not result in jail time. This is often the case with a small amount of marijuana. Many people do not go to jail for drug possession in Texas, especially if they do not have a previous criminal record.

### What If I Was In A Car And The Drugs Were Not Mine?

You should hire a Galveston County drug possession attorney to contest the charge, but much depends on the circumstances. For example, were the drugs within reach and in plain sight? The state must prove you had possession, but your attorney will do their best to fight the charge on this specific issue.

### Is It Possible To Get Probation For Felony Drug Charges?

Yes, but you need an excellent criminal defense attorney to help you. Also, it may be possible to have a felony drug charge dropped to a misdemeanor.

## Contact Our Galveston County Drug Crime Attorneys Today

If you have a drug charge in Texas, you could be sent to jail, fined, and be stuck with a criminal record. But it does not have to happen that way. Instead, contact our [Galveston County drug crime attorneys](/drug-possession/) at[ Mark Diaz & Associates](/landing-form/) today for help at (409) 515-6170.

**Categories:** Drug Crime Attorney

**Tags:** drug charges

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### [Go Topless Weekend Crime Recap From Mark Diaz](https://texascriminaljustice.com/go-topless-weekend-crime-recap-from-mark-diaz/)

**Published:** May 24, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Go Topless](https://texascriminaljustice.com/wp-content/uploads/2023/05/diaz.jpg "Go Topless")

## Galveston County Crime During Go Topless Weekend

Last weekend was Go Topless weekend here in Galveston County. As I do with most big holiday weekends, I’ll run the numbers, look at the arrests, and see what kind of activity we had. This weekend was pretty big for law enforcement. In all of Galveston County, there were about 395 arrests. About 250 of those were on [Crystal Beach](https://en.wikipedia.org/wiki/Crystal_Beach,_Texas). On Friday the 19th, for all of Galveston County there were 117 arrests, with 70 being from Crystal Beach. On Saturday the 20th, which was the biggest day, for the entire county we had 187 arrests, 132 of those being in Crystal Beach. Sunday was 91 for the county, with 48 of those being in Crystal Beach.

When I went through these, it was pretty clear that law enforcement was strict about what they would arrest people for. There were people arrested for having no seatbelts in a vehicle. Now, I don’t envision that to be someone sitting in the passenger seat without a seatbelt on. That probably is the people that were standing up in the back of jeeps holding on to the bars and driving down the beach.

Then there was a whole lot of public intoxication. I saw a couple for glass containers on the beach. A lot of minor stuff. I think law enforcement was trying to send a message to the rowdiest attendees or partygoers. There was a lot of driving while intoxicated. I believe the newspaper said there were maybe three shootings. There were some injuries, I think a woman either fell or jumped from a vehicle and sustained some serious injuries.

There was another incident where a driver hit a pedestrian and that pedestrian sustained serious injuries. There was a report that said at least 50 people were hospitalized in some capacity over the weekend, due to goings on at Crystal Beach. Remember when I say these numbers, when I say Friday, Friday ended at midnight. If you’re looking at each night it was probably higher, so there were probably a substantially lower amount of arrests during the day. From what I can tell by looking at social media posts, most of the rowdy activity happened after dark.

I thought it was interesting that if you look over the years this event here in Galveston County specifically on Crystal Beach has just gotten worse and worse with the number of arrests. The people that are attending, I guess, are just here for one big party rather than for the Go Topless event.

Initially Go Topless was a nationwide movement for Jeep owners to congregate and get together. What has happened in Crystal Beach is that there are fewer and fewer Jeeps and more side by sides, big trucks, etc… As a comparison, right down the road in Brazoria County, at Surfside Beach, there was a large turnout of jeepers, and they had no incidents. There was a statement issued by the Surfside police department that they had no issues and that all the jeepers were nice and respectful of the beach there.

We’ll have to see what happens here in Galveston County or at least on Crystal Beach with this event that seems to get worse and worse every year. When I say worse and worse, I mean, arrests, and injuries, I think last year we also had a couple of shootings. It’s getting to the point that it’s not a family-oriented weekend anymore over there on Crystal Beach.

## Contact Our Galveston County Criminal Defense Lawyers

That’s what I have for this week. We had 395 total arrests in the county from Friday to Sunday. I counted about 250 of those out of crystal beach. Now, when I say Crystal Beach I mean from the ferry landing which is Port Bolivar down to Gilcrest. I did not look into Chambers County or anything in High Island, but I did count anything that was from Port Bolivar, down to Gilcrest. I hope you all have a good week and we’ll see you next week. If you’ve been charged with a crime in the Galveston County area, [contact our Galveston County criminal defense lawyers](/landing-form/) at (409) 515-6170.

**Categories:** Galveston County Crime

**Tags:** Go Topless

---

### [What Crimes Increase In Summer?](https://texascriminaljustice.com/what-crimes-increase-in-summer/)

**Published:** June 12, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![summer crime](https://texascriminaljustice.com/wp-content/uploads/2023/06/Diaz-3-What-Crimes-Increase-In-Summer_June-2023.jpg "summer crime")Crime rates tend to follow as temperatures rise in the spring and summer months in the US. Criminologists have debated for decades why this happens, but [certain crimes, especially violent ones, tend to rise in the summer](https://bjs.ojp.gov/content/pub/pdf/spcvt.pdf). Learn below about why crime rates rise in the summer. In addition, if you have been charged with a crime in Texas, the League City criminal defense lawyers at [Mark Diaz & Associates](/team_member/mark-diaz/) can help with your defense.

## Research Confirms That Crimes Increase As The Weather Warms

There have been many studies that show crime rates rise in warm weather. In 2017, [Drexel University researchers](https://pubmed.ncbi.nlm.nih.gov/28687898/) looked at crime data in Philadelphia over 10 years. They found higher incidents of violent crime and disorderly conduct on warmer days, even in the spring and fall. Also, the research showed that temperature effects on crime rates were strongest on warm weather days during usually cold months.

[Another study in 2019 at USC](https://www.nber.org/system/files/working_papers/w25961/w25961.pdf) looked at the link between violent crime and temperature in Los Angeles. The study found violent crime went up 5.7% on days when the temperature exceeded 85 F. Researchers also found that the relationship between warm weather and crime was more significant in lower-income communities.

## Why Do Violent Crimes Happen More In Warm Weather?

Research confirms that many violent crimes happen more often in the summer and warm weather. Texas has plenty of heat, especially in the summer, so this can concern communities and law enforcement. But why do violent crimes happen more when the temperature rises? After all, if someone plans a violent crime, it seems logical they would do it no matter what the weather is. There are several possible explanations for this happening:

### Heat

Many people become hot and uncomfortable outside when the weather is warm. This is the case in Texas, which is why so many people remain indoors between June and August.

However, the sticky, hot feeling can cause some people to get more upset and agitated. This can turn minor issues into significant arguments that lead to violence in some situations.

### Longer Days

Many Texans enjoy being outside more in the summer with longer days. However, longer days mean more people are out interacting longer, which can lead to more crimes. For instance, more people are walking on or near the beach in Galveston in July compared to January. While most folks enjoy the outdoors, more people outside give criminals more chances to commit robbery, assault, and other violent crimes.

### Alcohol

Research shows that consuming alcohol increases the chances of many crimes. [Alcohol can make us angrier](https://www.alcoholrehabguide.org/alcohol/crimes/), irritable, impulsive, and more likely to exercise poor judgment. When the weather is sunny and warm in summer, it is natural for more people to gather and consume alcohol, and crime rates tend to rise.

### Summer Vacation

More people are on vacation in the summer months, and kids are out of school. As a result, some juveniles have more time on their hands, and crime rates go up. In addition, research suggests that [assault crimes rise in the summer](https://info.mstservices.com/blog/trends-in-juvenile-crime), often committed by minors.

## Crimes That Tend To Rise During The Summer

According to the FBI, the following are defined as violent crimes, which are more likely to occur in warm weather:

### Murder

Murder is the worst violent crime, and it tends to happen more in Texas in the summer. There are several types of murder according to Texas law:

#### Capital Murder

This is the most severe type of murder in Texas. The range of punishment is either life in prison without the possibility of parole life or the death penalty.

To be convicted of capital murder, the prosecutor must prove beyond a reasonable doubt that you knowingly or intentionally caused someone’s death under a specific set of circumstances. Examples include murder for hire or murder that occurs during an aggravated robbery. While this charge is severe, our defense attorneys could argue that legal defenses apply such as self-defense.

#### Murder

To be convicted of this offense, the prosecutor only needs to prove that you intentionally or knowingly caused the death of another individual, or that a person intended to cause serious bodily injury to another, and commits an act clearly dangerous to human life that causes the death of another. It is a first-degree felony unless you can prove the crime was one of passion. The Texas Penal Code states that intent is required for a conviction.

### Manslaughter

Manslaughter, according to [Texas Penal Code 19.04](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm#:~:text=19.04.,felony%20of%20the%20second%20degree.), states that a crime occurs when you cause someone’s death because of reckless disregard for life. Manslaughter can be either voluntary or involuntary.

### Robbery

Robbery in Texas is committing theft, the intent to permanently deprive someone of property, and while in the commission of that theft, the actor: intentionally, knowingly, or recklessly causes bodily injury to another, or threatens or places another in fear of imminent bodily injury or death.

A more serious version of this crime is aggravated robbery, which is the same offense as above but committed with additional aggravating circumstances. Such aggravating circumstances include: a deadly weapon that may have been used to commit the offense or the injury that was caused qualifies as serious bodily injury to name a few.

Robbery in this state is a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine. Aggravated robbery is a first-degree felony, punishable by no less than 5 years and up to 99 years or life in prison.

Being armed with a weapon during the commission of robbery can lead to a lengthy prison sentence. This is a good reason to think twice about carrying a deadly weapon in the summer in Texas. In a moment of anger and passion, using a weapon in a crime can have dire consequences for your future.

If you are charged with this crime, your defense attorney may argue that you did not intend to deprive them of the property. After all, if you thought the property was yours, no crime was committed. Sometimes these charges are only the result of a mix-up, and if that was the case, your attorney can help.

### Aggravated Assault

[Aggravated assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#:~:text=AGGRAVATED%20ASSAULT.%20(,the%20commission%20of%20the%20assault.) in Texas is more common in the summer and is defined as assault that causes serious bodily injury or assault with a deadly weapon. This charge requires the prosecutor to prove the assault plus a deadly weapon, or that the injuries sustained amount to serious bodily injury.

The most significant difference between simple and aggravated assault is that assault is usually a misdemeanor. But aggravated assault is a second-degree felony in most cases, although some circumstances can make it a first-degree felony.

## How To Avoid Arrests In The Summer

If you live in League City or elsewhere in Texas, you know it gets warm, sticky, and muggy in the summer months here. But there are some ways you can avoid legal trouble and the law when summer rolls around:

- Get indoors: If you notice you get frustrated and temperamental in the Texas heat, get out of the heat as soon as possible. Get inside in air conditioning or in the shade until you cool off. Have a cold, non-alcoholic beverage, too, to cool off.

- Think about why: If you tend to get angry in certain situations, think about why it is happening. For example, were you drinking alcohol or around people who upset you? Were you out in the heat too long? Understanding your anger can help you to avoid triggers and stay out of trouble.

- Go home: If you know that being out late in the heat makes you more likely to commit crimes, get home to stay out of trouble.

- For parents: You may want to set up a curfew for your juveniles this summer to ensure they are not engaging in criminal behavior at night.

## What To Do If You Are Arrested

If you do get arrested in the heat of the summer, there are several things you can do to ensure a better outcome for your case.

First, do not provide a statement to the police when you are arrested. There is nothing you can say when you are arrested, that will improve your situation; it only makes things worse to say anything to law enforcement. So, always call your attorney if you have been arrested.

Second, do not resist arrest. Even if the charge ends up being groundless, resisting arrest will always lead to additional charges.

Third, always invoke your rights, including the right to remain silent and have an attorney. During the arrest, all you need to say is that you want to talk to your lawyer, and the questioning should cease.

## Contact Our League City Criminal Defense Lawyers Now

Summer is coming in Texas and if you have been charged with a crime, you need a robust criminal defense strategy. [Contact our League City criminal defense lawyers ](/landing-form/)today at Mark Diaz & Associates at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** summer crime

---

### [Memorial Day Weekend Galveston Crime Statistics From Mark Diaz](https://texascriminaljustice.com/memorial-day-weekend-galveston-crime-statistics-from-mark-diaz/)

**Published:** June 8, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Memorial Day](https://texascriminaljustice.com/wp-content/uploads/2023/06/DIAZ-FB-LIVE.jpg "Memorial Day")

## Memorial Day Weekend Galveston Crime Statistics

It’s Tuesday, yesterday was Memorial Day. We had a lot of visitors here on the island, which led me to think about a blog that has been discussed, not only by me but by criminologists everywhere. With the theme being that crimes increase in summer. There are several reasons why. In hotter temperatures, people tend to become more irritable, alcohol, people drink more during summer parties, and the list goes on.

There are many factors if you look at the data nationwide. Something unique to Galveston, since we’re an island and a tourist destination, for us it’s also a matter of population increase. My video last weekend was about Jeep Weekend, which had huge numbers of arrests. For [Galveston County](https://www.galvestoncountytx.gov/), we had 397 total in one weekend, which is a very high number.

### Memorial Day Weekend Arrests

This past weekend, from Friday to Monday (Monday being a holiday), we had 270 arrests. So the daily numbers were not huge. Friday, we had 64. Saturday, we had 81. Sunday, we had 77. Yesterday, we had 48. Now, just to give you an idea, the weekend before the Go Topless Jeep weekend was 5/12-5/14. Nothing significant about that weekend. For that three-day total, we only had 148 arrests.

So it’s becoming pretty clear that as we get huge amounts of tourists over holiday weekends, it leads to an increase in arrests. It’s for all the same reasons I suspect, alcohol, partying all day, spending too much time together, getting in fights, the normal stuff you would see during the summer. Our numbers are going to be bigger in the summer because we have so many tourists that come to the island during that time. It amounts to more arrests.

This weekend there was a motorcycle fatality. As I looked through these arrests, I found that there was not a whole lot of what I would call violent crimes. There were a lot of assault cases, a lot of alcohol cases, driving while intoxicated, and there were some things that you see every weekend. However, I didn’t see a lot that stood out. There were a few people arrested for racing. There was an aggravated robbery, depending upon the circumstances that may or may not have had anything to do with tourism. There were a whole lot of arrests for public intoxication. Just the minor things we see here on holiday weekends due to the influx of people coming into town and drinking.

Again, not a whole lot of serious violent crime this weekend. There were a couple of drug arrests, plenty of DWI cases, criminal mischief, accidents involving injury, and criminal trespassing, and we did have an arrest for murder. It’s doubtful that was related to tourism though.

There is nothing that stands out as particularly violent. The numbers don’t seem too different than at any other time here on the island or in the county. The big difference is when we have huge weekends of tourists, incidents of arrest go up. I don’t know about the rest of the country, and what the criminologists that study this have taken into account in other places, but I think anywhere you have a tourist destination, during the high season, you are going to see a higher crime rate.

### Contact Mark Diaz If Charged With A Crime In Galveston County

In addition to whatever societal factors, you’ve got the population increased by 50,000+ over a holiday weekend. It’s not attributed to any local factors, other than a huge increase in population. Just something to take into consideration. Does crime increase during the summer in Galveston, the answer is yes, but it’s a skewed number because you’d have to pick out how many of those are locals. How many of those are people that are here from somewhere else on vacation? That’s all I’ve got this week. Have a good rest of your week, and I’ll see you all next Tuesday.

If you’ve been charged with a crime in Galveston County or the surrounding area [contact Mark Diaz and Associates](/landing-form/) at (409) 515-6170

**Categories:** Galveston County Crime

**Tags:** memorial day

---

### [Texas Medical Cannabis Law Have And Recreational Cannabis](https://texascriminaljustice.com/what-impact-will-texas-medical-cannabis-law-have-on-recreational-cannabis/)

**Published:** October 23, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![cannabis](https://texascriminaljustice.com/wp-content/uploads/2023/06/Diaz-4-What-Impact-Will-Texas-Medical-Cannabis-Law-Have-On-Recreational-Cannabis_June-2023.jpg "cannabis")Texas laws on cannabis are in flux, and there is considerable confusion about what is legal and what is not. Since 2019, the state legislature has legalized some forms of marijuana, but things are changing. Generally, medical marijuana is legal in limited circumstances in Texas, but recreational cannabis possession is still illegal, and can still be prosecuted. However, certain jurisdictions have chosen not to enforce those laws to the fullest extent, but many still do.

Keep reading for the latest updates on the state’s stance on medical cannabis and recreational cannabis. If you have been charged with drug possession or a related crime, contact our [drug possession lawyers in Harris County](/drug-possession/) at Mark Diaz & Associates in Galveston for legal assistance. Marijuana possession is not charged as often today, but it is still possible, and the consequences of a conviction are severe. Our criminal defense attorneys know how to find weaknesses in the prosecutor’s case that could lead to a reduction of charges and even dismissal.

## Medical Cannabis – The Texas Compassionate Use Program

The state legislature passed the [Compassionate Use Act in 2015](https://guides.sll.texas.gov/cannabis/compassionate-use#:~:text=Texas's%20Compassionate%20Use%20Program&text=In%202015%2C%20Texas%20passed%20the,2021%20to%20include%20other%20conditions.), which made it legal to use low-THC cannabis in medical products for patients with certain types of epilepsy. The law was expanded in 2019 and again in 2021 to include other medical conditions. According to the law, ‘low-THC cannabis’ means the plant Cannabis sativa L and any part of it that does not contain more than 1% by weight of tetrahydrocannabinol (THC). Today, the compassionate use law allowing for the use of medical cannabis applies to the [following medical conditions](https://statutes.capitol.texas.gov/Docs/OC/htm/OC.169.htm#169.003):

- Seizure disorder
- Epilepsy
- Spasticity
- Cancer
- Autism
- PTSD
- Incurable neurodegenerative diseases
- Amyotrophic lateral sclerosis
- Multiple sclerosis

To receive a prescription for medical cannabis to treat these conditions, you must be a permanent resident of Texas. Also, the benefits of the medical use of cannabis must outweigh the risks and only can be determined by a physician. There are not any age restrictions, but anyone under 18 could need the permission of a legal guardian or parent.

More recently, in April 2023, the Texas House of Representatives approved a bill that would authorize doctors to [prescribe medical cannabis to patients](https://www.marijuanamoment.net/texas-house-approves-bill-to-allow-medical-marijuana-as-opioid-alternative-and-replace-thc-limit/) as an alternative to opioids for chronic pain. The bill also would replace the 1% THC limit for cannabis oil. However, the bill has not passed into law at this time.

## What Is Legal In Texas Regarding Marijuana Possession?

It is still illegal in the state to [use or possess recreational marijuana](https://www.texastribune.org/2020/01/28/texas-marijuana-laws-2020-what-you-need-know/) and has been since 1931. A small amount of marijuana is generally under two ounces and can be punished by up to a year in jail and a $2,000 fine. Therefore, the only legal cannabis possession is medical marijuana in the limited circumstances described earlier. Also, the state legalized hemp recently and kept marijuana illegal, which has led to even more confusion.

While marijuana and hemp may look and smell the same, they are different. The legal difference is the amount of THC in each. Under current law, marijuana is defined as a cannabis plant with a THC concentration above .3%. If the plant has less THC than .3%.

Also, cannabidiol oil, also called CBD, is sold in Texas legally as long as the THC concentration is under .3%. Supporters claim CBD oil helps with depression, anxiety, insomnia, and other conditions.

Since the laws have changed, many prosecutors and crime laboratories have dropped pending recreational marijuana possession charges and do not charge new ones. This is because it is difficult for the government, with financial constraints, to detect how much THC is in the plant.

While some in the state think recent law changes decriminalized recreational marijuana, Governor Greg Abbott has maintained that is not the case. That said, it is a fact that marijuana possession charges in Texas [dropped by more than 50%](https://www.texastribune.org/2020/01/03/texas-marijuana-prosecution-drop-testing-hemp/) after the new law legalizing hemp took effect.

However, some Texas jurisdictions are not as lenient on marijuana possession cases. This is often the case if it is a subsequent offense or involves marijuana delivery. In some localities, a short stint in jail and a driver’s license suspension are possible.

There are many confusing aspects regarding the state’s current approach to recreational marijuana. So, the following FAQs may clarify the matter:

### How Is Recreational Marijuana Possession Prosecuted?

In Texas, the law still allows Harris County prosecutors to press charges against people for possessing small amounts of marijuana for recreational use. It is possible to receive jail time and a fine. However, as noted earlier, recreational marijuana possession cases have dropped significantly in the last several years.

Elsewhere, 11 states and Washington, D.C., have made recreational marijuana legal. In these states, marijuana possession and use are regulated, but users are not sanctioned under state law for using it.

Further, at least 10 other states have entirely or partially decriminalized some types of marijuana possession. While using the drug might still be illegal, prosecutors do not typically press charges. Offenders could face civil penalties, however.

### How Do Texas Counties Approach Recreational Marijuana?

Some prosecutors in Texas do not press charges of possessing small amounts of marijuana and may not pursue new cases. However, you still could be charged in some cases in Harris County, so contact Mark Diaz & Associates if you are.

Before the new hemp law took effect, police in Harris County and others stopped arresting most people for carrying small amounts of marijuana on an initial offense. Instead, they could receive a citation for possessing a small amount.

In June 2019, the Texas Department of Public Safety told its officers not to arrest people for marijuana possession and only to give citations. Also, the Austin City Council voted in 2020 to end most fines and arrests for those who possess a small amount of cannabis. But the Austin police chief responded to that change, stating [his department would still issue fines and arrest people](https://www.texastribune.org/2020/01/24/austin-texas-police-chief-marijuana-arrests-will-continue/).

### Can I Still Be Arrested For Recreational Marijuana Use In Texas?

Yes, you can still be arrested in Texas because it is illegal. But some prosecutors may be less likely to file such charges than in the past. However, you should retain a criminal defense attorney if you have been arrested. Even today, a conviction for a small amount of marijuana possession can have serious consequences. For example, your driver’s license could be suspended, and you could not pass an employer’s background check.

### Is CBD Oil Legal In Texas?

Yes, but these products are not closely tested or monitored by the FDA, so there is insufficient quality control regarding the ingredients and THC levels. So, it is theoretically possible you could use an illegal THC product in Texas, so caution is warranted.

### Can You Be Arrested For Possession In Texas If You Bought Marijuana in Colorado?

Yes. Just because cannabis is legal in other states does not mean you can carry it legally into Texas. Many reports have reported marijuana arrests on highways between Denver, Colorado, and major cities in Texas. The best action is to use the marijuana products you purchased in the state where they are legal and not carry them into Texas.

### Where Can I Buy Medical Marijuana In Texas?

You only can buy it from licensed cultivators in the state that produce low-THC cannabis. You cannot legally grow it yourself or buy it from a friend who is not a licensed cultivator.

### Will Texas Eventually Legalize Recreational Marijuana?

Texas often goes its own way on many things, but the success of decriminalizing marijuana possession elsewhere in the US has an effect on the state’s laws. As noted in this article, there are signs that some Texas prosecutors may not charge some cases of marijuana possession, and law enforcement in certain localities may not arrest you. So, recreational cannabis may be legalized in Texas eventually. In the meantime, however, it is essential to remember that it is still illegal to possess, so you should retain an attorney if you are charged.

### What Sentence Can You Get For Marijuana Possession Today?

If you possess two ounces or less of recreational marijuana, it is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of two to four ounces is a Class A misdemeanor, and you can receive up to a year in jail and a fine of up to $4,000. Possessing four to five pounds is a felony, punishable by up to two years in prison and up to a $10,000 fine.

### How Might An Attorney Fight A Marijuana Possession Charge For Me?

The state must prove you are guilty beyond a reasonable doubt. They must show that the drug was in your possession and you had control and dominion over it. This usually means you carried the drug or paraphernalia, or your prints were on the container. If possible, a skilled attorney will attempt to poke holes in the notion that you had ‘possession’ of the drug. Also, many police officers make procedural errors during the arrest process that could help your cause.

## Contact Our Drug Possession Lawyers In Galveston County

Recreational marijuana is still illegal in Texas. If you have been charged with marijuana or drug possession in Galveston, Harris, or Chambers Counties, you need legal assistance immediately. Our [drug possession lawyers in Galveston County](/drug-possession/) at[ Mark Diaz & Associates](/landing-form/) can help, so please call (409) 515-6170.

(Updated 10/23/2024)

**Categories:** Drug Possession Lawyer

**Tags:** cannabis

---

### [Serious Crimes That Can Result In Deportation](https://texascriminaljustice.com/serious-crimes-that-can-result-in-deportation/)

**Published:** July 3, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![deportation](https://texascriminaljustice.com/wp-content/uploads/2023/07/Diaz-2-Serious-Crimes-That-Can-Result-In-Deportation_July-2023-scaled-1.jpg "deportation")All US immigrants, including people with green cards, may face deportation if they violate specific US laws. The most common reason someone may face deportation is if evidence is discovered that they were convicted of a serious crime, including an aggravated felony or a ‘crime of moral turpitude’. If you are an immigrant and have been charged with a serious crime or violent crime, speak to our [League City criminal defense attorney](/dwi-charges/) today at Mark Diaz & Associates.

## What Is A Deportable Crime?

A deportable crime is one in which a conviction can result in adverse outcomes for those who are not US citizens. Immigration consequences for a serious criminal conviction can include deportation and removal; denial of the ability to reenter the US, and denial of the ability to become an American citizen. If you are convicted of a serious or violent crime, the Department of Homeland Security could deport you. In some situations, you could be deported regardless of how long you have lived in the US.

Unfortunately, some criminal defendants have attorneys who do not always grasp the potential immigration consequences of a conviction. This could lead to an attorney not fighting a charge as hard as they should. So, it is critical if you are a US immigrant to hire an experienced criminal defense attorney who understands how a serious crime can affect your immigration status.

## What Is A Crime Of Moral Turpitude Under Federal Law?

Crimes of moral turpitude (CMT) are not always clearly defined. But legislators tend to leave defining the term to various government agencies. The [State Department’s guidance](https://fam.state.gov/fam/09FAM/09FAM030203.html) says that the most frequent elements of a crime of moral turpitude involve the intent to harm someone or something, and crimes involving larceny or fraud.

Crimes that involve theft or dishonesty are frequently seen as crimes of moral turpitude. Another potential example is assault, spousal abuse, and the intent to kill or rob someone. Many possible crimes could put you at risk of being deported, so the best course is to talk to your League City criminal defense attorney to find out if a particular conviction could lead to deportation hearings.

It is possible that a conviction should not be called a crime of moral turpitude, or that the law that was violated contains elements that do not necessarily rise to that level. However, this defense would be dependent on how the statute is worded. Also, there may be questions about how a Texas criminal statute will be interpreted under US immigration laws, so talking to your attorney about your charge immediately is critical.

## When Can You Be Deported For A CMT?

There are two ways committing a CMT can put you into deportation proceedings. First, you committed a CMT the first five years after coming to the US. Second, you committed two or more serious or violent crimes that did not occur from a single plan of criminal wrongdoing after you were admitted to the US.

To understand if you committed a serious crime within five years after you came to the United States, being with the date you committed the crime. Then, count backward five years. If you came legally to the US from an airport, border, or other port of entry in the five years before you committed the crime, you could be put into removal proceedings. If more than five years have passed since you came to the US, you cannot be deported for your crime. You can still face serious consequences, including prison time and fines, but deportation is off the table.

Suppose you came to the United States on an investor visa in 2015 and received a green card when you adjusted your status in 2020. If you committed a fraud crime in 2022, you probably are not deportable for that crime because you entered the US seven years earlier and outside the five-year threshold. However, in some cases, the date the defendant adjusted to permanent resident status could be treated as a date of admission. Talk to an immigration attorney for more information.

## When Are You Deportable For Multiple CMTs?

You also might be put into removal proceedings if you committed more than one CMT, regardless of when they happened. However, the multiple crimes that originated from one illegal scheme, will only be considered one single crime from an immigration perspective and when determining deportability.

Suppose you have two theft convictions that occur in the same location and around the same time. Let’s say you stole from two different stores that were next door to one another in the same shopping plaza, one after the other. These are technically two separate crimes but will likely be counted as one single scheme of misconduct. Meaning, it doesn’t count as two separate CMT.

If you commit two CMTs that do not arise from the same scheme, you are deportable. It does not matter how much time has expired since you were last admitted to the US.

## Is There A Waiver For A CMT?

There are limited exceptions where you might request a waiver as a deportation defense for committing a CMT. This is known as a 212(h) waiver. To qualify, you cannot be a national security threat. If you hold a green card, you cannot have ever committed an aggravated felony and also, you must have lived in the US in lawful status continuously for at minimum 7 years before the deportation case was brought against you.

If the CMT involves prostitution, or you committed it at least 15 years before you applied for status adjustment, it is up to the judge to decide if you should get a waiver. Another situation that puts the decision solely in the judge’s hands is whether you get a waiver because you qualify under the Violence Against Women Act (“VAWA”) – meaning, you suffered physical or emotional abuse at the hands of a US citizen/permanent resident parent or spouse. Otherwise, a 212(h) waiver is usually only available if you can prove that being removed with be an extreme hardship for your spouse, parents, or children in the United States. Usually, getting a waiver comes down to how much violence was involved in the crime and any proof that you have been rehabilitated.

## What Are Examples Of An Aggravated Felony?

If you have committed an aggravated felony, you also may face deportation. A full list of aggravated felonies can be found in the [Immigration and National Act](http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1101&num=0&edition=prelim). The list includes serious and violent crimes, including:

- Firearms trafficking
- Drug trafficking
- Money laundering
- Fraud and tax evasion – more than $10,000
- Sexually abusing a minor
- Child pornography
- Murder
- Rape

If you are convicted of an aggravated felony at any time while living in the US, you will likely be deported. You generally cannot qualify for a waiver to return to the United States. So, hiring an experienced criminal defense attorney is critical to help you avoid an aggravated felony conviction.

## Crimes That May Make You Ineligible For A Green Card

Another aspect of serious or violent crimes is a conviction can make you ineligible for a green card and living in the US. When you apply for a visa or lawful permanent residence, the federal government will review your application and ensure that you are not inadmissible based on your criminal record. [If you are deemed inadmissible](https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim), you could be denied a visa or green card to come to the US. Some of the crimes that may make you inadmissible to the United States include:

### Crimes Involving Moral Turpitude

A CMT, as explained earlier, is often defined as one involving fraud, larceny, and causing harm to someone or something. This category includes a conspiracy or attempt to commit such a crime. However, it usually excludes crimes that were committed before you were 18, if you were released from prison for more than five years before applying for entry to the US. It also may exclude crimes with a maximum penalty of one year in prison and when you were not sentenced to more than six months.

### Committing Human Trafficking Offenses

If you are a knowing aider or abettor of human trafficking offenses, you may be inadmissible. Also, your spouse or children may be inadmissible if they received any financial benefit from these activities within the last five years.

### Engaging In Substance Trafficking

If you aided or abetted drug trafficking in your home country, you generally cannot be admitted to the United States. This might include your spouse and children if they benefitted financially from your crimes within the last five years.

Other possible criminal convictions that could bar you from US entry are:

- A conviction for a controlled substance violation.
- Convictions for two or more crimes where the sentence totaled five years or more.
- Engaging in prostitution when coming to the United States.
- Conviction for an aggravated felony if you were removed from the US and want to return.
- Trying to enter the US to practice money laundering.

The crimes listed above are mentioned in US immigration law. [Other crimes are listed regarding security](https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf), such as terrorism, espionage, and sabotage. You should always have your case reviewed by a criminal defense or immigration attorney for additional information.

## Contact Our League City Criminal Defense Attorney

If you have been charged with a serious or violent crime and are a US immigrant, you face potentially grave consequences that could include deportation. You need an aggressive defense attorney who will maximize the chances of reducing the charges or getting them dismissed. [Contact our League City criminal defense attorney](/landing-form/) at Mark Diaz & Associates today for help at (409) 515-6170.

**Categories:** Criminal defense attorney

**Tags:** deportable crimes

---

### [Reasons You Should Never Lie To Your Lawyer](https://texascriminaljustice.com/reasons-you-should-never-lie-to-your-lawyer/)

**Published:** July 10, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![lawyer](https://texascriminaljustice.com/wp-content/uploads/2023/07/Diaz-1-Reasons-You-Should-Never-Lie-To-Your-Lawyer_July-2023.jpg "lawyer")Some may think that it is evident that you should never lie to your attorney about your criminal case. But some defendants still do not tell their attorneys the entire truth. This is never a good idea. Learn below why lying to your lawyer is a bad idea, and if you have been charged with a crime, speak to our [Galveston Country criminal defense lawyer](/assault-and-battery/) today for legal assistance.

## Why Do People Lie To Their Lawyers?

There are many reasons that people lie to their criminal defense lawyers. Generally, the defendant may believe they have more to gain by lying about their case than telling the truth (this is rarely true). Or, they may believe that lying about the case could benefit others in one way or another. Some of the other reasons that defendants have lied to their attorneys about their crimes are:

### Punishment

You may fear the potential punishment of being convicted of a crime so much that you are willing to lie to avoid consequences. However, lying to your attorney or in court almost always makes things worse. For example, if you lie on the stand, that is a Third Degree Felony and you can get between two to ten years in prison, on top of whatever punishment you get for the original crime.

### Fear Of Judgement

Many defendants also have a fear of being judged. Many people can find it difficult to admit they did something wrong, especially if it hurts others. We may think that other people will judge us for what we did and that we will lose their love, respect, or friendship.

### Denial

A defendant may think it will go away if they do not think about a significant threat to their future and pretend it does not exist. This could mean they will not admit that the threat exists, including to their attorney and themselves.

### Shame

Many defendants are ashamed and embarrassed about the charge and want to avoid people knowing about it. So, they may lie about the case to make others think they are innocent.

Many attorneys report that it is common for a client to lie to them about a DWI case. A drunk driving charge is embarrassing for most people, and it may be tempting to lie to save face and avoid humiliation. They may want to keep the full details of the case private because they do not like how the facts make them look.

Also, they may mistakenly believe that if they admit to their attorney they were drunk, the attorney cannot do anything. This is not true. Overall, experienced DWI attorneys have seen it all and then some, so there is never any good reason not to be honest about your drunk driving case.

## Reasons You Should Not Lie To Your Lawyer

### You Lose Time

Your attorney only has so much time to devote to your case. Whatever your financial resources, the more time your lawyer spends building your defense, the better the result. If you do not tell the truth to your lawyer, valuable time will be wasted on mounting a defense based on incomplete or inaccurate information.

Furthermore, the case will last longer when all of the facts are not accurately presented from the start. If you go into the case with an idea you will only tell the lawyer what they need to know, it will take your lawyer longer to find out everything. To have the case finished in the least amount of time with the best outcome, always tell them everything from the start, no matter how bad you think it makes you look.

### Your Attorney Will Catch You

Attorneys are trained to investigate crimes and find the truth, then use their skills to highlight the truth in the best or worst light, depending if they are working for the state or the defense. If you hide something, your lawyer will usually find out. Remember, your criminal defense attorney in Galveston will not only get information about the case from you. He will get information from investigators, subpoenas, discovery, depositions, and more. So, he will almost always find out if you hid the truth.

### Your Attorney May Be Able To Turn It Around

Suppose you do not want to tell your attorney about a case fact because you think it is ‘bad.’ However, attorneys are skilled at turning ‘bad’ things around and making them benefit their clients. If you are not trained and experienced as a criminal defense attorney, you probably do not realize when a fact can be turned around to your advantage.

### The Prosecution May Find Out

Another problem with lying to your lawyer is that the prosecution may find out you are lying, making defending you much more difficult. Any type of lie or deception is a stain on your credibility and reduces the chances of a favorable outcome.

### Makes Negotiations More Difficult

Many criminal cases in Texas result in plea deals. Lying to your attorney often is found out by the other side and may make it harder to get you a reasonable deal instead of facing a trial.

### You Could Go To Jail

Lying on the stand is aggravated perjury; as noted above, you can go to prison. The last thing you need when facing a criminal charge in Texas is another criminal charge. Also, you do not even have to lie under oath to commit a crime. It also is a Class B misdemeanor to make a material false report to a law enforcement officer during an investigation. Lying to your lawyer or anyone in the case will worsen your situation.

### The Justice System Assumes Defendants Will Lie

The criminal justice system somewhat assumes that some defendants will lie. That is why the system has many ways to reveal lies. Law enforcement will interview witnesses, study surveillance videos, conduct sobriety tests, reconstruct accidents, etc. The evidence that law enforcement collects gives prosecutors a better picture of what happened without any information from the defendant. In this context, lies are ineffective.

## What Happens If I Tell My Lawyer I Am Going To Lie On The Stand?

Criminal defense attorneys must represent their clients and maintain confidentiality. However, attorneys are also responsible for the court not to put forth evidence they know is false or perjured. This is the case whether the evidence comes from the defendant or a witness that the attorney knows will not tell the truth.

If an attorney uses perjured testimony knowingly, there may be severe consequences. According to the [Canons of Professional Ethics of the American Bar Association](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/1908_code.pdf), the attorney could be disciplined or disbarred.

## If I Lie To My Attorney, He Will Fight Harder For Me

Unfortunately, some defendants believe the lawyer will not fight as hard for them if they tell their attorney they are guilty. They also may believe that if they tell their attorney the truth, he may not respect or like them and will not advocate as passionately. The opposite is true. If you lie to your attorney, he will feel alienated from you and not trust you anymore. Your lawyer can only build a strong defense if he knows everything about the case – good and bad.

## The Benefits Of Being Truthful With Your Lawyer

Now that we have covered the problems with lying to your lawyer, what are the benefits of being truthful? First, telling your attorney from the beginning the entire truth gives him the ability to make the best defense. For instance, if you have a DWI charge, there are usually several defense options. Some are better than others, such as challenging the police stop on constitutional grounds, challenging witness testimony, or questioning the administration of breath or blood tests. Telling your DWI attorney the entire truth helps him decide early on the best defense strategy.

Second, being honest with your lawyer can protect you from incriminating yourself. In a criminal case, you have a 5th Amendment right against self-incrimination. This means you are not required to testify, and the judge and jury are not allowed to use that against you. In some criminal cases, it may be better for you not to testify and for your lawyer to challenge the state’s evidence. Your attorney can decide better about you testifying if you tell him the truth.

## Contact Our Galveston County Criminal Defense Lawyer Today

If you are charged with a crime in Texas, you should never lie to your criminal defense attorney. Your attorney is your advocate and not a judge. They exist to defend you and do not judge you. Remember, an experienced criminal defense attorney has seen it all, so it is always best to tell them the truth. [Contact our Galveston County criminal defense lawyer](/landing-form/) at Mark Diaz & Associates today for help at (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** be honest with attorney

---

### [What Happens When A DWI Becomes Vehicular Homicide?](https://texascriminaljustice.com/what-happens-when-a-dwi-becomes-vehicular-homicide/)

**Published:** July 17, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI homicide](https://texascriminaljustice.com/wp-content/uploads/2023/07/Diaz-3-What-Happens-When-A-DWI-Becomes-Vehicular-Homicide_July-2023-1-2-1-1-scaled-1.jpg "DWI homicide")You were driving drunk in Harris County and caused the death of another person. Depending on the circumstances, you could face one of these charges in Texas: criminally negligent homicide, manslaughter, or intoxication manslaughter. Learn more about these charges, and speak to our [Harris County homicide attorneys](/homicide/) if you need a case review today.

## Homicide In Texas

A homicide in Texas generally occurs when someone, by means of criminal conduct, causes the death of another. Texas State Law has four categories of homicide: capital murder, murder, manslaughter, or criminally negligent homicide. The biggest distinction between the four categories is the culpable mental state (whether a person intended to cause someone else’s death) and the circumstances of the conduct itself.

If a vehicle operated by someone causes the death of another, it is a vehicular homicide. In most vehicular homicide cases, especially those involving alcohol, there is typically no intention to kill anyone. Since there is no intent to kill, you could be charged with one of these categories of homicide: criminally negligent homicide, manslaughter, or intoxication manslaughter. Each of these categories has different components that the State will have to be able to prove.

## Criminally Negligent Homicide

Someone has acted with criminal negligence if they unknowingly did something or failed to do something that caused other people a substantial and unjustifiable risk. This can be true in even in situations where the driver was intoxicated. If someone was unaware of the risk, then the appropriate charge would be criminally negligent homicide.

## Manslaughter

Some can be charged with manslaughter if they caused the death of another through reckless actions. Someone has acted recklessly if they knew of substantial and unjustifiable risk to another person and disregarded that risk.

The risk taken has to be of such a degree and nature that not perceiving it is a significant deviation from the standards of care that any ‘reasonable person’ would use in a similar situation.

Again, this can be true even in cases involving an intoxicated driver. The critical issue and distinction between criminally negligent homicide and manslaughter is the person’s awareness of the risk.

### Intoxication Manslaughter

[Texas Penal Code 49.08](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm) defines this crime as operating a motor vehicle while intoxicated and that led to something that caused someone else’s death. In other words, the State must prove that you are guilty of a DWI and that the intoxication/DWI caused the death of another in order to convict someone of intoxication manslaughter.

## What Are The Penalties For Vehicular Homicide In Texas?

A homicide or manslaughter conviction related to driving a vehicle can result in many serious penalties. In most cases, the potential penalties are the following:

### Manslaughter

This is a second-degree felony in Texas. If you are convicted, you face two to 20 years in prison and a fine of up to $10,000. You also can be charged with several counts of manslaughter if there were multiple victims. Under certain circumstances, a judge could be allowed to stack the penalties, meaning if three women died in the same DWI accident, you could serve 10 years for each crime, or 30 years. Further, the prosecutor could add a special issue declaring that the car was a deadly weapon. A deadly weapon finding in the affirmative would affect the parole eligibility date.

### Criminally Negligent Homicide

This offense is a state jail felony in Texas. A conviction usually results in 180 days, two years in jail, and a maximum $10,000 fine.

### Intoxication Manslaughter

This is a second-degree felony that may result in two to 20 years in prison and a maximum $10,000 fine. Note that intoxication manslaughter is enhanced to a first-degree felony in Texas if the victim was a police officer or firefighter. This degree of offense can be punished by a 5 years up to 99 years or life in prison and a $10,000 fine.

Texas judges cannot give you deferred adjudication for an intoxication manslaughter conviction, but community supervision might be an option. However, if you receive community supervision, you likely have to serve some time in jail as a condition of probation. The judge could also include restitution, or money damages, to the victim’s family.

Note that intoxication manslaughter charges are only for those in a voluntarily intoxicated state. For instance, if you were given a drug and were unaware of it and caused someone’s death in a vehicle, you would not be guilty of this crime.

## Defenses For An Intoxication Manslaughter Charge

An effective defense to an intoxication manslaughter charge after a DWI is showing that drunk driving did not cause the death directly.

For instance, suppose you had several beers at a Houston bar, and a speeding car hit you at a red light. While you may have been legally drunk, it did not cause the accident. Instead, the other driver caused the accident. So, while you could be guilty of a DWI, it does not necessarily mean that the crime caused someone’s death.

Also, the prosecutor has to prove you were drunk to be convicted of intoxication manslaughter and that the intoxication caused the death A criminal defense attorney has many potential defenses available for this type of offense. For example, an attorney could try to bring the charge into question if there are problems with how the arrest was conducted, the toxicology report, or the causation of someone’s death.

## Common DWI Vehicular Homicide Questions

If you are charged with intoxication manslaughter or a related offense in Texas, you probably have many questions. Here are some of the common questions and answers on this subject:

### Do You Get Charged With Both DWI And Intoxication Manslaughter?

By definition, intoxication manslaughter involves DWI. The prosecutor will typically charge you with the most severe crime they can. However, they may charge you with DWI while they are waiting for other facts to develop and then upgrade the charge at a later time. While your attorney should aim for a case dismissal, getting a manslaughter charge reduced to a standard DWI would be desirable because of the less severe punishments.

### What Is The Maximum Penalty In Texas For Killing Someone While Drunk?

You can get up to 20 years in prison for intoxication manslaughter in Texas. You also may pay a $10,000 fine and have hundreds of hours of community service. If the crime is charged as a first-degree felony for killing an officer of the law, additional prison time is possible.

### Can You Be Charged With DWI Or Vehicular Homicide If Your BAC Is Below .08%?

Yes. If a police officer suspects that someone has lost the normal use of their mental OR physical faculties from either alcohol or drugs, they are considered legally intoxicated regardless of the alcohol concentration. Therefore, they could be charged with DWI or any of the categories of vehicular homicide.

### Can I Get Charged With Intoxication Manslaughter If I Was On A Prescription Drug?

Yes, it is possible to be charged with intoxication manslaughter if you were on a prescription drug. If the officer suspects that you are intoxicated by something, even if they are unsure what it is. So, it is always best to say as little as possible and call your attorney.

You also can be charged with the crime if you are high on marijuana. However, no Texas law defines what being intoxicated on marijuana is, so that is a potential avenue of defense for certain defendants.

### What Is Intoxication Assault?

This crime involves being intoxicated and causing another person serious bodily injury. This could be the loss of a part of the body or organ, disfigurement, scarring, or other severe consequences from bodily injury. If the injured person was a first responder, you could be charged with a more severe felony and even a first-degree felony if the person was a police officer or judge.

### Do I Need A Lawyer If I Plead Guilty To DWI?

Yes. You should always have a lawyer for any intoxication case, especially if it involves killing another person. Even if you plead guilty on a straight DWI charge, your attorney will ensure the prosecutor meets the burden of proof to get a conviction. Your attorney also will see if your Constitutional rights were violated during your questioning or arrest.

## Contact Our Harris County Homicide Attorneys

However, the crime is charged, vehicular homicide involving DWI is a serious matter in Texas. This charge will likely receive considerable media coverage, and the prosecutor’s office will probably feel more pressure to convict you. You may face years in prison, and thousands in fines, and your life will never be the same if you wind up behind bars. Please [contact our Harris County homicide attorney](/landing-form/)s at Mark Diaz & Associates today to fight for your rights at (409) 515-6170.

**Categories:** Homicide Attorney

**Tags:** DWI, homicide

---

### [What To Know About Fentanyl As Galveston County Overdose Deaths Soar](https://texascriminaljustice.com/what-to-know-about-fentanyl-as-galveston-county-overdose-deaths-soar/)

**Published:** July 25, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Fentanyl](https://texascriminaljustice.com/wp-content/uploads/2023/07/Diaz-4-What-To-Know-About-Fentanyl-As-Galveston-County-Overdose-Deaths-Soar_July-2023.jpg "Fentanyl")Fentanyl overdoses are plaguing the country, and this nationwide problem has also become a local problem here in Galveston County. Learn about the area’s many fentanyl problems in this article, and talk to our [Galveston County drug crime attorneys](/drug-manufacturing/) if you have been charged with a drug crime.

## Galveston County #2 Nationally For Drug Overdose Deaths

The Galveston County Daily News reported in January 2023 that Galveston County had the [\#2 highest drug overdose death rate in Texas](https://www.utmb.edu/pedi/categories-tags/2023/04/25/galveston-county-has-the-second-highest-death-rate-by-drug-overdose-in-texas), and fentanyl was likely the leading cause. In 2020, about 200 per 100,000 residents died from drug overdoses. Orange County has the highest rate of fatalities and came in at the #1 spot, despite having a smaller population than Galveston County with only 86,000 residents in 2020. Of Orange County’s population in 2020, there were 315 fatalities per 100,000 persons who died from drug overdoses.

## What Is Fentanyl?

Most people have heard about fentanyl in the news, but what is it? It is a synthetic opioid that may be up to [50 times stronger than heroin](https://www.cdc.gov/stopoverdose/fentanyl/index.html) and up to 100 times more potent than morphine. There is pharmaceutical fentanyl and illegally manufactured fentanyl, with the latter being most of the overdose problem.

The illicit version of the drug is made in the laboratory from chemicals that are mostly imported from China. Fentanyl is relatively easy to make, and most of what is in the US is manufactured in Mexico. It is usually made in illegal labs south of the border and may be mixed with other drugs to make them more potent. They are manufactured illegally, so there is no quality control, and many pills that look like legitimate pharmaceuticals contain deadly fentanyl doses.

The reason there are so many drug overdoses involving fentanyl is it takes very little to kill a human being. A lethal dose of the drug is only 2 milligrams, which is the equivalent of about 10 salt grains. Also, the article from the Galveston County Daily News stated that the amount of fentanyl similar to the powder required in a sweetener packet could kill up to 800 people.

According to the DEA, [42% of the pills it tests](https://www.dea.gov/resources/facts-about-fentanyl) for the drug contain enough fentanyl to be deadly. Another serious problem is some fentanyl pills come in bright colors that may look like candy, meaning tempting for a child to try.

## How Does Fentanyl Kill People?

If someone overdoses on fentanyl, they often can die from hypoxia and respiratory depression. Hypoxia is when there is not enough oxygen in the blood, which can damage the organs or make them shut down entirely. Respiratory depression means slowed breathing that can be deadly if severe enough.

How long fentanyl takes to kill a person depends on several factors. If the person takes the drug orally, it can take longer to have deadly effects. But if the drug is injected, it can kill within minutes. In many cases, respiratory depression leads to low oxygen levels that the person expires in a few minutes.

A recent tragic case in Houston highlights how quickly a fentanyl overdose can become deadly. A [young man in his early 20’s overdosed](https://www.texasmonthly.com/news-politics/texas-war-on-fentanyl-drug-experts-opioid-crisis/) on the drug in his bedroom in his parent’s Montgomery County home. A friend with him did not realize the seriousness of the situation and did not call 911, possibly fearing that he would get a drug possession charge.

Instead, his friend left a message with a friend, mentioning Ethan’s condition. It took an hour for the person to hear the message, and she dialed 911, but the young man had already died. He was 22 years old.

## Providing Someone With A Deadly Fentanyl Dose May Lead To Murder Charges

The fentanyl problem in Texas has gotten the attention of the governor and legislature. The [Texas Tribune](https://www.texastribune.org/2023/05/16/texas-fentanyl-murder-legislature/) reported in May 2023 that the Texas House and Senate recently approved a bill that would classify fatal overdoses as poisonings. This means that defendants could face a murder charge.

Supporters of the bill say that increasing penalties for people causing the overdoses could give Texas law enforcement additional tools to hold drug dealers accountable. Between 2019 and 2021, fentanyl overdose deaths in Texas increased by 400%, with more than 5,000 fatalities.

Governor Greg Abbott has made fighting opioid overdose deaths a vital part of the current legislative session. A companion bill in the Senate also could enhance penalties for selling and producing fentanyl.

## What Are The Penalties For Possessing Fentanyl In Texas?

Fentanyl is a Group 1 controlled substance in the [Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), with the highest penalties of all drug classes. As with any drug, you can face many severe penalties for possession of fentanyl, depending on the amount and other factors:

- Possessing under 1 gram: State jail felony with 180 days to two years in prison, and up to a $10,000 fine.
- Possessing 1-4 grams: Third-degree felony with 2 to 10 years in prison, and up to a $10,000 fine.
- Possessing 4-200 grams: Second-degree felony with 2 to 10 years in prison, and up to a $10,000 fine.
- Possessing 200-400 grams: Second-degree felony with 2 to 20 years in prison, and up to a $10,000 fine.
- Possessing less than 400 grams: possible life in prison; with up to 15-99 years in prison, and up to a $250,000 fine.

However, if you are caught trafficking fentanyl, you face even more severe punishments.

Also, the state has enhanced penalties if you possess an illegal drug in a drug-free zone, such as near a school. The penalty may be increased by one offense level.

## What Are Defenses To Fentanyl Possession Charges?

When you are charged with fentanyl possession, it is a difficult situation. But there are several possible defenses that your criminal defense attorney can explore:

### Lack Of Possession or Knowledge

To be convicted of a drug possession crime, the state must prove that you had possession or constructive possession. This means that you had the drugs on you or in your control and knew what they were. If the state prosecutor cannot prove that you possessed or had knowledge, you could have the charge dismissed. For instance, your attorney could argue that you thought the fentanyl was some other substance other than fentanyl and you had no idea it actually was fentanyl.

### Illegal Search And Seizure

Even with a serious drug charge, if your attorney shows that the police violated your rights during the arrest, the charge could be thrown out. Any evidence they collect in an illegal search is inadmissible in court.

## Common Questions About Drug Possession Charges

If you have been charged with a drug crime, such as fentanyl possession, you may have many questions. Here are some of the most common:

## What Penalties Can You Get For A Drug Possession Charge?

There are [six controlled substance penalty groups in Texas](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), with those in Penalty Group 1 having the harshest punishments. If you possess a small amount of marijuana, you probably will only be charged with a misdemeanor. But being accused with any amount of fentanyl will result in a felony charge.

### Should I Talk To The Police When I Am Charged With A Drug Crime?

The best policy when dealing with a fentanyl possession charge is to say as little as possible to the police. Remember, you have the right to remain silent when you are arrested; being silent cannot be used against you. It is common for someone to be nervous when arrested and say something that damages their case.

### Is A Felony Charge More Serious Than A Misdemeanor?

Yes. A misdemeanor usually is a crime that cannot result in more than a year in jail. A crime punished by more than a year in jail is usually a felony. When you are charged with fentanyl possession or trafficking, it is a felony charge, so you should hire the best attorney possible.

### Can The Prosecutor Drop A Fentanyl Possession Charge?

Yes, [any drug charge can be dropped at any time](/8-common-texas-drug-crime-questions-answered/) for many reasons. It is possible for a case to be dismissed and for a felony charge to be dropped to a misdemeanor. Much depends on the case circumstance and the skill of your attorney.

### How Long Can A Drug Conviction Stay On Your Record?

If you are convicted on any drug charge in Texas, it can stay on your record indefinitely, which usually means forever. However, some outcomes will not necessarily result in a conviction in your record. The bottom line is you need to do everything you can to avoid a fentanyl charge or other drug conviction on your record, or it could stay there forever.

### Can You Lose Your Driver’s License For A Drug Conviction?

If you are under 21, your driver’s license can be suspended for a year for a drug possession conviction. If you are over 21, a drug conviction can lead to a [six-month driver’s license suspension](https://www.dps.texas.gov/section/driver-license/drug-or-controlled-substance-offenses#:~:text=If%20you%20are%20convicted%20of,an%20authorized%20Drug%20Education%20Program.).

## Contact Our Galveston County Drug Crime Attorneys Today

If you have been charged with a crime involving fentanyl, you could get years in prison. But with the help of an attorney, you have the best chance for a favorable outcome. Our Galveston County drug crime attorneys will defend your rights, so please [call Mark Diaz & Associates](/landing-form/) at (409) 515-6170.

**Categories:** Drug Crime Attorney

**Tags:** drug crimes, fentanyl

---

### [Why Probation Can Sometimes Be A Bad Idea](https://texascriminaljustice.com/why-probation-can-sometimes-be-a-bad-idea/)

**Published:** July 31, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![probation](https://texascriminaljustice.com/wp-content/uploads/2023/07/Diaz-1-Why-Probation-Can-Sometimes-Be-A-Bad-Idea_August-2023-2-scaled-1.jpg "probation")Probation can be an attractive option over to going to jail for certain charges, but there are several things to consider before agreeing to this condition. Learn more about probation in Texas below, then, if you have questions about probation or a recent case, our [Galveston County criminal defense lawyer](/) at Mark Diaz & Associates can help today.

## What Are The Types Of Probation In Texas?

Probation in Texas is an alternative to jail time that allows an offender to live and work in the community, support their family, receive rehabilitative services, and provide restitution to victims, in some cases. Probation also may be called community supervision in Texas. There are two types of probation:

### Deferred Adjudication Probation

[Deferred adjudication probation](https://www.txcourts.gov/media/662319/OCA-Written-Testimony-Expunctions-and-Non-Disclosure.pdf) is a type of probation that may allow you to keep a criminal conviction from your record. After you plead ‘guilty’ or ‘no contest,’ the judge may opt not to enter a guilty finding. Instead, you could be put in a deferred adjudication program. Note that only a judge can assign deferred adjudication, not a jury.

If you were charged with a felony, receiving deferred adjudication is a preferable way of dealing with your charge by keeping you out of jail. If you complete the terms of your probation, your case is dismissed. You will not have a conviction for the crime on your record.

However, if you violate your probation during deferred adjudication, the judge may take you off probation and send you to jail. This can be up to the maximum sentence for your charge.

If you complete your deferred adjudication successfully, you could be eligible to petition the court for a non-disclosure. In this case, the court will seal the court record from the public. Certain government entities can still see the court proceedings, even if the record is sealed. But the motion of non-disclosure can be helpful to prevent the record from showing up in the public record. Talk to your attorney if you have questions about what will show on your criminal record.

### Straight Probation

Regular probation is when the judge finds you guilty of your offense and gives you a probation period. Your conviction for the crime will hit your record right away. Unlike deferred adjudication, you are given regular probation after being found guilty. Because this sentence has been probated, a jury may probate criminal offenses after the trial. The judge can impose the original jail or prison sentence if you violate regular probation.

When you take straight probation, you agree to plead guilty or no contest. The judge accepts the plea and finds you guilty. Then, you are sentenced to jail or prison, but instead of sending you behind bars, the judge probates the sentence. This allows you to be sent into the community supervision program to get your probation restrictions and requirements.

Note: You do not want ever to violate regular probation. You were found guilty of the crime and received a sentence. Your probational status may be revoked, and the original sentence will be imposed if you break probation. Even if you completed 95% of your probation, you will get up to the sentence the judge imposed upon conviction.

## What Are The Conditions Of Texas Probation?

While on probation, you must follow your conditions and restrictions closely. If you violate them, break the law, or use drugs or alcohol, you could go to jail.

### Can you leave town when on probation in Texas?

You may only leave town if you have your probation officer’s permission. Because you need permission to leave the county, speak to your probation officer about travel plans at least a few weeks in advance. Your probation officer will issue a travel permit if your plans are approved.

### Can you move when on probation?

If you want to move outside the county, you need your probation officer’s permission. If you get permission, your probation officer will arrange to have you report to an officer in the new location. Your probation officer always has to know where you live, and you must always get permission to move.

### What is the policy if you change jobs?

You must tell your probation officer immediately if you are unemployed or switch jobs.

### Are you tested for drugs and alcohol?

Yes, you will take breathalyzer and urine tests that test for drugs and alcohol.

### What happens if you violate a condition of probation?

Your probation officer will immediately act if you do not follow your probation terms. You could have a warrant issued for your arrest. Or, the judge could order you back to court to place more conditions for your probation. You also could have your probation revoked and be sent back to jail.

### What are common probation violations?

In an ideal world, you will not violate the terms of your probation, but violations happen. The most common ones are committing a new offense, failing a drug or alcohol test, not showing up to a probation appointment, not attending a mandatory class, and not attending community service hours.

### Can your probation be terminated early?

Yes, in part. Probations for certain offenses can be terminated early. The end date can be moved forward if you meet all probation requirements. But you cannot have violated any probation conditions to have it ended early.

## What Are The Drawbacks Of Probation?

While probation can have disadvantages, it also is a valuable way to provide a chance for rehabilitation in some cases and may reduce the strain on the criminal justice system. The judge will weigh carefully if you should be given probation instead of jail time. If you get some form of probation, stay in close contact with your attorney and probation officer. Make sure you do not violate any probation terms, or you could quickly be sent to jail.

Also, deferred adjudication may sound like a preferable outcome, and it can work out well, but there are things to keep in mind. For example, even if you fulfill the terms of the deferred adjudication, Texas government agencies will still be able to access your arrest information.

Even if your charges are dismissed, and the court revokes probation, the fact that you were on deferred adjudication is in the criminal justice system. Potential employers, unfortunately, may see this note on your record as a conviction. This is a significant downside for people who deal with these agencies when applying for government services or employment. Here are other problems with probation for some defendants:

### Lack Of Deterrence

Probation can be effective for some defendants who do not have serious criminal records and want to stay out of jail. But others may not find that probation is a sufficient deterrent to severe convictions. However, the threat of being sent to jail or prison may motivate some offenders to stay clean and obey the rules.

### Repeat Offenses

Some people on probation may re-offend and disregard the terms and conditions of the probation. This could put the public at risk. Also, it may begin a cycle of re-offending that does not address the underlying problems that caused the criminal behavior.

### Inadequate Supervision

Probation supervision may vary in quality and intensity, with much of the outcome depending on the individual probation officer. Many probation officers may need help with cases, making offering enough support and supervision hard. This can lead to offenders being out of touch with their parole officers, potentially causing them to re-offend.

### Inequity

There may be disparities in how probation is given to offenders based on their race, economic status, or geographic area. This can cause people from disadvantaged backgrounds to get harsher terms.

### Burdensome On Offenders

A common problem with probation is that it can burden offenders excessively. Offenders must report regularly, stick to a curfew, and take mandatory drug and alcohol tests. These requirements can make keeping a job, attending school, and maintaining personal relationships challenging. Also, one minor mistake can revoke the probation and send the offender to jail for the entire term.

### Dearth Of Resources And Support

The probation system may lack the resources and support to help offenders successfully get through probation and reintegrate into the community. They also could have inadequate access to job training, education, mental health services, and services to treat substance and alcohol abuse.

Talk to your attorney today about the various options to resolve your case. For many offenders, regular probation or deferred adjudication are preferred resolutions, but you need to understand the terms of each.

## Contact Our Galveston County Criminal Defense Lawyer

Regular probation or deferred adjudication can be good choices to resolve your case, but there are multiple factors to consider. Our [Galveston County criminal defense lawyers](/landing-form/) at Mark Diaz & Associates can help understand the legal options, so call (409) 515-6170.

**Categories:** Criminal Defense Lawyer

**Tags:** probation

---

### [How Did The Supreme Court Miranda Ruling Impact Citizens' Rights?](https://texascriminaljustice.com/how-did-the-supreme-court-miranda-ruling-impact-citizens-rights/)

**Published:** August 7, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Miranda](https://texascriminaljustice.com/wp-content/uploads/2023/08/Diaz-2-How-Did-Supreme-Court-Miranda-Ruling-Impact-Citizens_-Rights_August-2023.jpg "Miranda")If you watch TV and films, you probably know the Miranda warning: You have the right to remain silent. Anything you say can be held against you in a court of law. Countless films and TV shows reference Miranda rights, but what does it mean after the Supreme Court made its Miranda ruling in 2022?

Last year, the court ruled 6-3 that getting a Miranda warning is not necessarily a protected constitutional right in certain cases. Learn more about this Supreme Court ruling below and how it affects our rights. If you need help with your criminal case, the[ Harris County criminal defense attorney](/) at Mark Diaz & Associates can help.

## History Of The Miranda Ruling

The US Supreme Court ruled in 1966 that the Miranda warning must be read when someone is being placed under arrest. The [full Miranda warning](https://www.aclu.org/news/civil-liberties/supreme-court-rejects-promise-miranda-rights) is: “You have the right to remain silent. Anything you say can (and will) be used against you in court. You have the right to the presence of an attorney, and if you cannot afford an attorney, one will be appointed for you before any questioning.”

However, the 2022 ruling in [Vega v. Tekoh](https://www.supremecourt.gov/opinions/21pdf/21-499_gfbh.pdf) in 2022 caused the court to backtrack from the famous Miranda ruling substantially. In Vega, the court ruled 6-3 that someone is who denied their Miranda warnings and whose compelled statements are used as evidence against them at trial cannot sue the law enforcement officer who violated their Miranda rights, even if the jury finds them not guilty.

## ACLU Says It Is Harder To Hold Government Officials Accountable

The ACLU, an opponent of the recent ruling, reported last year that because people are being denied the right to sue when their rights are violated, the Supreme Court has ‘[further widened the gap](https://www.aclu.org/news/civil-liberties/supreme-court-rejects-promise-miranda-rights) between the guarantees found in the Bill of Rights and the people’s ability to hold government officials accountable for violating them.”

CNN reported that while the ruling still says the Miranda warning safeguards a constitutional right, the warning itself “is not a right that [would trigger the ability to file a civil lawsuit](https://www.cnn.com/2022/06/23/politics/supreme-court-miranda-rights/index.html).” In a report, CNN’s Supreme Court analyst Steve Vladeck stated that the ruling did not get rid of the Miranda ruling. But it does make it more challenging to enforce.

Vladeck said that the only remedy when someone’s Miranda rights are violated is to suppress statements from a suspect who was not correctly advised of his right to remain silent. But if the case does not go to trial or the government does not try to use the statement, there is no available remedy for the government’s misconduct.

## The Majority Said Miranda Violation Does Not Violate The Fifth Amendment

Justice Samuel Alito, who five other Republican-appointed judges joined, said violating the Miranda right is not a violation of the Fifth Amendment. He said the majority does not see the need to expand Miranda to “confer a right to sue.”

However, the minority, led by Justice Elena Kagan, said the court’s ruling stripped people of the ability to get a remedy for violations of their Miranda rights. Kagan said that the majority injures the rights of the people by denying civil remedies.

## Case Involved Hospital Worker Terence Tekoh

The case featured hospital worker Terence Tekoh, accused of sexual assault on an immobilized patient in 2014. The issue was not whether he should be read his Miranda rights but whether he can file suit against a police officer for damages if he does not get the Miranda warning for evidence that is introduced in a criminal case.

Carlos Vega, an LA County sheriff deputy, interviewed Tekoh, but he did not read him his Miranda rights, per the 1966 precedent of Miranda v. Arizona, where the Supreme Court said that the defendant has to be told of their right to remain silent. Under the Miranda precedent, courts are usually prohibited from entering self-incriminating statements into evidence.

Tekoh eventually admitted to the crime. He was tried and acquitted, even after his confession was provided at trial. Months later, he sued the police officer under a federal law that allows lawsuits for damages against an agent of the government violating constitutional rights.,

The parties disagreed on whether the police officer coerced an involuntary confession from Tekoh. Vega’s lawyers maintained that the statement was consensual and that he was not in custody at that moment. But lawyers for Tekoh said their client was bullied into confessing in a room with no windows.

This case is essential for law enforcement officials to be aware of. While it appears that police cannot be sued in civil court for civil rights violations for not reading suspects their Miranda rights, it still is an essential part of the arrest process. Not giving a suspect their Miranda rights when required can damage the prosecutor’s case.

## Essential Facts About Miranda Rights

It is important to note that the recent Supreme Court ruling only affects people suing police in civil court for violating their Miranda rights. There are other essential things to know about Miranda rights that can affect your case:

### The Police Do Not Always Have To Read Them To You

The original Miranda v. Arizona case only relates to police interrogations, which only occur when you are in custody. So, police do not always interrogate people when taking them into custody. This means the police do not have to read you your rights when they first pull you over to see if you are intoxicated.

### Miranda Violations Do Not Always Dismiss A Case

If there is a Miranda violation, this does not mean the case is over. The only remedy in there is a violation of Miranda is to toss out statements from the questioning. You could still be found guilty even if there is a Miranda violation and specific evidence is suppressed.

### Miranda Only Applies When You Are In Custody

The Miranda ruling only applies to suspects in police custody. It does not apply to an interrogation when you are not in custody. Many interrogations by law enforcement happen when people are not in custody or under arrest. You can be questioned on the road shoulder before you are arrested and Mirandized. Just remember that you can refuse to answer anytime and call a lawyer.

## Do The Police Have To Read Your Miranda Rights In Texas?

It is essential to understand how Miranda rights are applied in Texas. When a police officer approaches you, they are not required to read your Miranda rights. At this time, they can use anything you say against you, but you do not have to talk to them if you do not wish to.

If the police arrest you or put you in custody, this is when they must read your Miranda rights if they intend on conducting any further interrogation. This is because for them to ask you questions, they must ensure you know you can have a criminal defense attorney there. However, based on the recent Supreme Court opinion, if the police do not read you your rights, you cannot sue them in civil court, but any evidence they find could be thrown out.

## What About DWI Failure To Read Miranda Rights?

If you are suspected of DWI and put under arrest, the police must read your Miranda rights before you are questioned further. You always have the right to remain silent and retain an attorney. You should always stay silent at this point and talk to an attorney before answering any questions.

## When Is A Miranda Warning Not Required In Texas?

In Texas, the police are not required to read you your rights before arresting you. Nor are they required during initial questioning after a traffic stop based on reasonable suspicion. But it is required by the Constitution for you to get your Miranda Warning when you are taken into custody to be formally questioned. There are five other exceptions to the Miranda Warning:

- Matters that involve public safety
- A routine booking question
- Traffic violations or traffic stops
- Statements that are obtained via a jailhouse informant
- Questions of those who are not in legal custody

Suppose you are pulled over for weaving all over the road. The police are not required to Mirandize you before asking if you consumed drugs or alcohol. So, if you respond “yes” and admit to being intoxicated, this statement may be used in court against you.

## Should You Talk To The Police In Texas?

You usually should not talk to the police if you have been arrested. Instead, ask for your criminal defense attorney. However, some people are talkative after arrest and may waive their Miranda rights. But remember, if they give you your Miranda Warning and you keep talking, what you say can be used against you later.

## What If They Did Not Read You Your Rights?

As noted above, you may not have been read your rights if you were not taken into custody to be arrested or interrogated. The police can ask you things if they do not incriminate you. Also, remember, the police can pull you over at a traffic stop and ask questions without Mirandizing you.

## Contact Our Harris County Criminal Defense Attorney

If you think your legal rights, including your Miranda rights, were violated when you were arrested, you need legal counsel today. Our [Harris County criminal defense attorney](/landing-form/) at Mark Diaz & Associates can help with your case, so call (409) 515-6170.

**Categories:** Assault Defense Attorney

**Tags:** Miranda

---

### [Will A Medical Marijuana Card From Another State Protect Me In Texas?](https://texascriminaljustice.com/will-a-medical-marijuana-card-from-another-state-protect-me-in-texas/)

**Published:** August 14, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![medical marijuana](https://texascriminaljustice.com/wp-content/uploads/2023/08/Diaz-3-Will-A-Medical-Marijuana-Card-From-Another-State-Protect-Me-In-Texas_August-2023.jpg "medical marijuana")Legal medical marijuana use is more common in the US today, but there are many questions about its legality in Texas. For example, can you use a medical marijuana card from another state in Texas? Learn more about this and related medical marijuana information below. If you have questions about a criminal case, our [drug possession lawyer in League City](/drug-possession/) can help.

## Is Medical Marijuana Legal In Texas?

Yes, [medical marijuana is legal in Texas](https://elevate-holistics.com/faqs/medical-marijuana-texas/#:~:text=Medical%20marijuana%20reciprocity%20means%20a,cannabis%20reciprocity%20with%20any%20state.). So, you can get a medical cannabis prescription if you need it for a qualifying medical condition. But using marijuana for recreational reasons is illegal in the state. It is still a criminal offense in Texas to carry and deliver marijuana intentionally, and jail and fines are possible if you are convicted.

If you want to qualify for medical marijuana in Texas, here is what you need to do:

- You need to be a permanent Texas resident;
- You have to have been diagnosed with a qualifying medical condition by a physician approved by the state;
- Be evaluated and obtain a prescription from a licensed and qualified physician who has registered with the state of Texas to prescribe cannabis to their patients; and
- You must be added to the Compassionate Use Registry in the state by a licensed physician who determined that your risk of consuming low-THC cannabis is reasonable in light of your medical condition.

Remember that there is not an actual medical marijuana card in Texas. Instead, you will be listed in the Compassionate Use Registry as authorized to have a medical marijuana prescription.

## Does Texas Have A Medical Marijuana Program?

Yes, it is called the [Texas Compassionate Use Program](https://guides.sll.texas.gov/cannabis/compassionate-use#:~:text=Texas%20Law,-Texas%20Health%20and&text=The%20Texas%20Compassionate-Use%20Act,THC%20cannabis%20to%20qualified%20patients.&text=This%20chapter%20of%20Texas%20law,cannabis%20to%20certain%20qualifying%20patients.). The program allows licensed doctors to prescribe low-THC marijuana for various medical uses. There is no limit on the patient’s age, but those under 18 may need their legal guardian’s permission.

## Which Illnesses Qualify For A Medical Marijuana Card In Texas?

Many illnesses may qualify for medical cannabis use under the Compassionate Use Program. These include

- Epilepsy and other seizure disorders
- Multiple sclerosis
- Spasticity
- Autism
- Cancer
- Post-traumatic stress disorder (“PTSD”)
- Incurable neurodegenerative disease
- Amyotrophic lateral sclerosis (“ALS”)
- Any other medical conditions approved by the State

## Is There Medical Marijuana Reciprocity In Texas?

Medical marijuana reciprocity means a state has reciprocity with other states. This allows patients to buy medical marijuana from either state even if their medical marijuana card does not come from there. Unfortunately, this is not the case in Texas, so your medical marijuana card from another state will not protect you in Texas. Texas is still tough on marijuana possession, so you do not want to possess cannabis in Texas if you have a medical marijuana card from another state. This will not protect you, and you are subject to potential arrest by Texas law enforcement.

## How Popular Is The Texas Medical Marijuana Program?

Since the Texas Legislature first allowed low-THC medical cannabis in the state in 2017, lawmakers have slowly expanded its legality. That continued through 2021 when legislators passed a law allowing it to be used for PTSD. According to recent data, the PTSD law seems to have significantly impacted the program.

[From May to October 2021](https://www.texmed.org/TexasMedicineDetail.aspx?id=58366), patient participation in the medical marijuana program soared by 140% to at least 13,000 patients. The most significant increases were in September 2021, when PTSD and cancer law kicked in. The number of doctors approved to prescribe marijuana through the compassionate use program rose from 323 to 465 in a few months.

As interest in medical marijuana in Texas rises, some experts say the statistics reflect many people who used OTC CBD oil can now buy quality medical cannabis to deal with their medical condition, which may be more beneficial. Also, marijuana use will be overseen by a physician, which means it will be integrated into their medical care plan, which should improve health.

Better healthcare supervision with medical marijuana means better care, rather than just buying CBD from a local shop where you do not know what you are buying. Also, buying cannabis from licensed dispensaries ensures that high-quality products are offered to the public.

## Additional Questions And Answers About Texas Medical Marijuana

While Texas has a medical marijuana program, many rules and restrictions exist. For example, an out-of-state medical marijuana card is invalid here. So if you try to buy marijuana with your out-of-state card, you could be charged with a crime. Other common questions about [the state’s Compassionate Use program include](https://faq.sll.texas.gov/questions/47383):

### How Does The Texas Medical Marijuana Program Work?

You are required to get a prescription for medical marijuana from a licensed physician who is registered with the compassionate use program. The doctor will electronically record your prescription and patient information into the Compassionate Use system. Then, patients may pick up their orders from a licensed dispensary. However, they must show their ID and give their name, date of birth, and social security number.

### Can You Get A Drug Possession Charge If You Possess Pot With A Prescription?

The [Texas Health & Safety Code](https://www.dps.texas.gov/section/compassionate-use-program/faq/patients#:~:text=Texas%20Health%20and%20Safety%20Code%20%C2%A7481.111(e)%20(1,from%20a%20licensed%20dispensing%20organization.) offers an exception for a patient with a valid compassionate-use prescription for cannabis with low THC. Police can access the online registry system and check your prescription, including the type and amount of product prescribed. They also can see if you have filled prescriptions for cannabis.

Remember, possessing marijuana without a valid prescription is still against the law. You could be charged with drug possession and convicted of a misdemeanor.

### What Are The Laws For Growing Medical Marijuana In Texas?

In March 2016, the Texas Department of Agriculture started an online permitting process that allows companies to grow and cultivate industrial hemp within the law in Texas. Also, the 2018 Farm Bill made it legal to produce hemp commercially and allowed states to provide state plans to oversee hemp programs.

In June 2019, Governor Greg Abbott signed House Bill 1325, which allowed hemp to be sold. But Texas still does not allow at-home cultivation, even if you are a medical marijuana user.

### What Kind Of Medical Marijuana Can You Possess In Texas?

You only can get medical cannabis in the Lone Star State in the form of oil with a THC content below .5% with the approval of a doctor. But you can get products with less than .3% without consent.

## Summary of Medical Marijuana In Texas

Texas allows medical marijuana, but it is still one of the strictest states in the country. So, it is essential to understand all of the rules and regulations. Remember that medical use is only legal if you have a doctor’s prescription. Otherwise, possessing marijuana is still illegal. As a reminder, here is a review of Texas drug possession penalties, including for marijuana:

Marijuana possession for less than two ounces is a Class B misdemeanor. Possessing two to less than four ounces is a Class A misdemeanor. If you are caught with four ounces to five pounds of cannabis, it is a state jail felony. For any of these charges, you can do anywhere from a few months to years in jail.

## What Are Defenses To Drug Possession Charges In Texas?

There are many defenses to drug possession charges. Hopefully, you have a valid medical marijuana prescription and will not be charged with drug possession! However, if you do not have a prescription, your attorney will work with you to construct the best defense:

### Lack Of Possession Or Knowledge

Drug possession crimes in Texas require proof that you had possession of the drug and knew what they were or that they were in your possession. You could be acquitted if the state prosecutor cannot show that you had possession or knowledge. For instance, if you are in someone else’s car and marijuana is under the seat, you may argue it is not yours and had no idea it was there.

### Illegal Search And Seizure

Sometimes the police will search illegally and seize during a traffic stop. If law enforcement does the search contrary to the Constitution and lacks probable cause, the evidence could be suppressed later.

### Unaware Of The Drugs

Sometimes a person can possess narcotics and not know it. For instance, you may have borrowed your friend’s van when yours was being repaired, and you did not know there was marijuana in the glove compartment. In order to be in legal possession of a drug in Texas, the State has to prove knowledge of its presence by the accused.

### Legal Possession

This article highlights that medical marijuana is legal in Texas with a valid prescription. Cases have arisen where someone is pulled over and has marijuana on them and is arrested. However, the police later discover that the person has a legitimate medical condition and can have cannabis.

If you can use cannabis for a medical condition in Texas, inform the police of your right. If questions continue about the legality of your possessing marijuana for medical use, talk to your criminal defense attorney today.

## Talk To Our Drug Possession Lawyer In League City Today

While medical marijuana is legal in Texas, you have to have a valid medical marijuana prescription and other restrictions. You could get charged with a drug crime if you are not careful. If you have been charged with drug possession in Texas, do not try to take on the criminal justice system alone. Instead, rely on our [drug possession lawyer in League City](/landing-form/) at Mark Diaz & Associates at (409) 515-6170.

**Categories:** Drug Possession Lawyer

**Tags:** medical marijuana

---

### [Is Assault On A Family Member A More Serious Crime?](https://texascriminaljustice.com/is-assault-on-a-family-member-a-more-serious-crime/)

**Published:** August 21, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![family violence](https://texascriminaljustice.com/wp-content/uploads/2023/08/Diaz-4-Is-Battery-On-A-Family-Member-A-More-Serious-Crime_August-2023.jpg "family violence")Being charged with assault in Texas is a serious situation. Depending on the circumstances, you face anything from a Class C misdemeanor to a first-degree felony. The county prosecutor will work tirelessly to put you in jail, so you need a robust criminal defense strategy immediately. Our [criminal assault lawyers in Galveston](/assault-and-battery/) at Mark Diaz & Associates can defend you against these charges aggressively.

## Overview Of Texas Assault Charges

Texas law states [you have committed assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) if you knowingly, intentionally, or recklessly caused bodily injury to another person, including your spouse. It also is assault if you intentionally or knowingly threatened another person with imminent bodily injury, including that person’s spouse. Last, it is assault if you intentionally or knowingly caused physical contact with another person when you knew or should have known they viewed the contact as provocative or offensive. The misdemeanor charge classifications are as follows:

- Class C misdemeanor: If you threatened someone with bodily harm or engaged in physical contact offensively or provocatively, and there were no other aggravating factors. Up to a $500 fine.
- Class B misdemeanor: If you commit assault against a person who is a sports participant during a game or performance and you are not participating yourself in the sporting event but instead a spectator. Up to 180 days in jail and fine of up to $2,000.
- Class A misdemeanor: If you cause bodily injury to someone and no aggravating factors are present such as, serious bodily injury, a deadly weapon used or a previous conviction for family violence. Up to a year in jail and a fine of up to $4,000.

## Third-Degree Felony

It is a third-degree felony if the person is a public servant and they are engaged in their public duties. Also, if the act is committed against a family member or someone you are dating and you have a previous family violence on your record. Your punishment range for this level offense is up to 10 years in prison and a fine of up to $10,000. So, you can see that committing assault against a family member is a more serious crime in Texas. If you have been charged with this crime, you should find the best criminal defense attorney immediately.

## Second-Degree Felony

It is a second-degree felony if you assaulted the offense a family member, household member, or someone who you are in a dating relationship with, you were previously convicted of a similar offense, and you impeded the normal breathing of the other person (meaning, you strangled them). The punishment range for this offense is two to 20 years in prison and a fine of up to $10,000.

## First-Degree Felony

It is a first-degree felony if you commit aggravated assault against someone with whom you have a domestic relationship – meaning, you caused serious bodily injury in commission of the assault, also, you used a deadly weapon in the assault against the family member. The punishment range for this level offense is five years to life in prison.

## How Can A Charge Be Enhanced In An Assault Case?

There are various ways that an assault in Texas can turn into felony assault. Domestic violence assault is increasingly frowned upon in Texas, and if it is committed against a husband or wife, it will almost always be at least a Class A misdemeanor, plus a domestic violence or family violence finding.

## Does The Victim Have To Be Injured For An Assault Charge?

There must be bodily injury for a charge to stick in Texas, but the scope of bodily injuries is broad. It means anything that causes pain. So, a slap across your spouse’s face that does not break the skin could be assault because it hurts. But the state would still have to prove that the slap happened.

## What Are Possible Defenses In A Texas Assault Case?

Assault cases involving family members are aggressively prosecuted, but defenses are available. A good defense is there is not enough evidence to prove the assault happened. The question is whether the prosecutor can prove beyond a reasonable doubt that it happened. If proven, then the next question is if your action was justified.

Also, a misdemeanor assault happens in Texas if you knowingly, intentionally, or recklessly cause bodily harm to someone. The state has to show that the assault occurred, and that there was no justification. Remember, you can defend yourself in Texas if someone hits you. So, you may be able to use reasonable force if unjustified force is used against you – but keep in mind, every situation is different and fact-specific. Consult with an experienced attorney always when this question is being raised.

You also can claim the defense of others for an assault charge. If you thought you had to protect someone else, you could say that your actions were reasonable to prevent that harm.

Another defense to an assault charge is consent. If you can prove that the person consented, such as a fight, you can say that you were not to blame.

Some of the possible techniques your criminal defense attorney will use against a Texas assault charge are:

- Probe for weaknesses in the evidence, whether physical exhibits or witness testimony.
- Use motions to your advantage, such as asking the court to force the state to provide evidence to the defense, suppress illegally obtained evidence, or dismiss the case because of lack of evidence.
- Negotiate a plea deal with the state prosecutor, which could work when there is weak evidence of the assault.
- Use one or more of the above legal defenses, such as consent or self-defense.

## Habitual Felony Offender Enhancement

Assault and aggravated assault have harsh penalties in Texas. But these punishments can be increased if the criminal court finds you are a habitual offender. These offenders may be subject to the ‘three strikes law’ in Texas. This is where you can face an enhanced penalty if you commit severe felonies and have two previous convictions for felonies. If this is the situation you find yourself in, it’s more of a reason why you need a skilled defense attorney fighting for you. You could be looking at a mandatory minimum of 25 years in prison.

## What Are The Criminal Proceedings For An Assault Case?

It also may be helpful to understand how the assault criminal proceedings will unfold. If you are arrested, it will initiate the Texas criminal process, and you should retain an attorney immediately. Here are some of the steps in the process to expect:

- The arraignment is your initial court appearance. This is where you will hear the charges against you and enter a plea. Your attorney also can discuss bond so you can get out of jail pending the trial date.
- A lot goes on during the pretrial stages; a critical defense tactic is using motions. It could help your case to compel evidence or have specific evidence tossed.
- The pretrial process also could have discovery to obtain critical documents, assorted evidence, and depositions from witnesses who could be at the trial.
- Eventually, the case will be set for trial. Before the trial date, the state prosecutor and defense counsel will select a jury. As the trial starts, both sides will offer opening and closing statements. The prosecutor will make its case first by calling witnesses and showing exhibits. Your attorney will have the chance to cross-examine their witnesses. You will present your case when the defense rests.

## Why The Right Defense Attorney Is Critical

An assault case can significantly impact your life if you are convicted. Just misdemeanor assault carries up to a year in jail. But remember that the consequences of a criminal conviction will haunt you for years after you get out of jail. An assault conviction will appear on your background check when applying for a job.

Unfortunately, few significant employers want to hire someone with a serious misdemeanor or felony on their record. You also may need help being accepted into college or renting a house or apartment. If you are convicted of another crime later, your earlier conviction could lead to enhanced penalties.

## Contact Our Criminal Assault Lawyers In Galveston

Were you charged with assault against a family member? You face a serious criminal charge that could result in jail time and a lifetime criminal record that cannot be sealed or expunged. Do not delay contacting our [criminal assault lawyers in Galveston](/) at [Mark Diaz & Associates](/landing-form/) at (409) 515-6170.

**Categories:** Criminal Assault Lawyer

**Tags:** family violence

---

### [How Long Do Bond Conditions Last In Texas?](https://texascriminaljustice.com/how-long-do-bond-conditions-last-in-texas/)

**Published:** August 28, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![bond conditions](https://texascriminaljustice.com/wp-content/uploads/2023/08/Diaz-1-How-Long-Do-Bond-Conditions-Last-In-Texas_September-2023.jpg "bond conditions")If you are arrested for a crime in Texas and taken to jail, you will probably have to pay a bond to leave custody while the case proceeds. Bond can be confusing, and it is essential to understand its various aspects, including how long bond conditions last. Learn more about Texas bond conditions in this article, and if you have questions about your case, our [Galveston County criminal defense attorney](/drug-possession/) can help.

## Texas Bail Or Bond Process

You may have heard the terms ‘bail’ and ‘bond’ used interchangeably, but they have different meanings. ‘Bail’ is what you must pay the Galveston County court to get out of custody. A bond is bail money you pay a bonding company on your behalf. In most cases, the defendant pays 10% of the bail amount to the bondsman and in return, the bonding company pays the court the entire bail on your behalf. For example in this scenario, if you have $25,000 bail, you typically pay $2,500 to the bonding company.

You must follow certain conditions to stay free when you are bonded out of jail. You need to comply fully with any requirements the court sets and any conditions the bonding company sets.

For example, the court may put a GPS monitor on you and order you to stay in the county. A warrant will be issued for your arrest if you violate this condition. Following the court’s and bond company’s requirements is imperative if you are out on bond. Bond conditions will last as long as the case is still open. So, it is vital to ensure that you follow all the requirements of your release while the case proceeds.

## More About Bail And Bond

You have to pay bail or bond to get out of jail while your criminal case is winding through the Texas criminal justice system. When you pay bail or bond, there are several other ways it can be done:

### Cash

Cash bail means paying the full amount of the bail. This is not something most people can afford, but if you pay cash, it will be refunded if you appear in court as ordered at the end of your case. The court could deduct fines and fees from the bail money at the end if reasonable.

### Surety Or Secured Bond

Surety bonds mean buying a bond from a bail bond company. They usually charge a 10% nonrefundable fee on the bail amount. To buy a bond, you would pay 10% upfront and/or sometimes put-up collateral, such as a home or vehicle. For instance, if the court sets your bail at $10,000, you can often pay $1,000 to a bonding company for the nonrefundable fee and they will in return post the entire $10,000 bail on your behalf.

If you do not appear in court, the bonding company has to pay the court the total amount. Naturally, bonding companies do not like it when this occurs, and they will look for the person to bring them back in. If the bond company loses money, they will likely go after the signer, co-signer, and/or collateral to get their money back.

### Property Bond

If you own valuable property, you might be allowed to post bail with a property bond. The property value must be worth at least the full bail amount, but some jurisdictions may require the property value to exceed the amount of bail by a certain percentage.

### Recognizance Bonds

Release on recognizance allows you to stay free while the case proceeds, based on a promise to appear in court. This kind of release does not require paying, but you must still sign an agreement. In some situations, there is a financial penalty if you fail to appear.

## Judge Signs Order For Bond Conditions

For you to be released on bail or bond, the Galveston County judge must sign an order that sets the conditions of your bond or release. This court order allows you to be released from jail but also sets certain conditions for the release. Whatever requirements are put in the order must be closely followed. Your bail or bond will be revoked if you do not follow these conditions.

The bail conditions vary based on the case, but the possibilities are outlined in [Code of Criminal Procedure Art. 17.01](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm). The judge has the authority to place various reasonable conditions to safeguard the victim and the community. In many cases, one of the most critical conditions of bond or bail is a restriction on contact. The defendant may be ordered not to come close to the alleged victim. Some other restrictions that may be placed on you include:

- The requirement to go to every court hearing for your case
- Restrictions on where you can go, as well as curfews
- Reporting regularly to court services
- Not using illegal drugs or alcohol
- Surrendering firearms or passport

The court can also set other bail conditions, assuming they are reasonable and necessary to safeguard the community’s and victims’ safety and health.

## Can Bail And Bond Conditions Be Challenged?

Yes. In this state, bail or bond conditions are not permanent. The prosecution can challenge them, and if new evidence or developments come about, the bond conditions can be changed. In many cases, the state will try to put the most restrictive conditions on the defendant. Sometimes the prosecutor will even try to get bail or bond denied. The court has to arrive at a balanced decision and consider the interests of both sides.

Your Galveston County criminal defense attorney can challenge the bond conditions and might get certain conditions modified or removed. For instance, if you have a GPS tracking device on your ankle and are under house arrest, your attorney could file a motion to remove the monitor. Your criminal defense attorney will do their best to ensure you have reasonable bail or bond conditions.

## Who May Post Bail Or Bond?

Anyone willing to risk their money or property can post bail or bond. If you are the defendant, you can post your bail or ask someone in your family to do it. If you use a bond company, the company will likely require a co-signer, who will help to find you if you do not appear. Your co-signer has collateral on the line, so it is to their benefit for you to appear.

## What Factors Affect Bail Amounts?

The judge will typically set a bail amount at your initial court appearance after the arrest, which could be an arraignment or bail hearing. Most judges will stick to standard procedures, such as setting a lower bail amount for a nonviolent misdemeanor. But judges can raise or lower the bail according to the case circumstances.

The seriousness of the charged crime is a major factor in how much the bail amount is. Also vital is your past criminal record, whether you are employed or have strong ties to the community.

Depending on the jurisdiction, some courts may use a bail algorithm to determine the bail amount and whether a defendant should be released. Certain information about the defendant is entered into a computer program, and a recommendation or score is produced in this case. The bail algorithm may consider factors such as age, criminal history, and others to assess the likelihood that the defendant will come to court.

In extreme cases, the judge may deny bail completely. For instance, if another jurisdiction has a warrant on you, the judge could keep you in jail so the other jurisdiction can resolve the matter after the first matter is resolved.

Generally, bail for felonies is almost always more than the cost of bail for misdemeanors. The more serious the crime, the higher the bail will be.

## Getting Help With Bail Or Bond

You probably want to get out as soon as possible when you are arrested and in jail. But understanding your bail and bond options can be complicated if you are unfamiliar with the system. You or your family should promptly retain a criminal defense attorney and learn your options. Your lawyer can explain the multiple options to bond out of jail, and they also may argue for a lower bail amount. If you sign with a bail bond company, ensure you understand the bond’s conditions.

## Contact Our Galveston County Criminal Defense Attorney

Bail and bond can be confusing and intimidating if you are unfamiliar with the system. If you have been charged with a crime and have a bond, our Galveston County criminal defense attorney can help, so please [contact Mark Diaz & Associates](/landing-form/) at (409) 515-6170 for a case review.

**Categories:** Criminal defense attorney

**Tags:** bond conditions

---

### [Is Assault A Felony In Texas?](https://texascriminaljustice.com/is-assault-a-felony-in-texas/)

**Published:** September 11, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/09/Diaz-3-Is-Assault-A-Felony-In-Texas_September-2023.jpg "assault")Being charged with assault in Texas can lead to severe penalties and consequences. Learn more about assault charges in this article; if you have questions, our [assault lawyers in Galveston](/assault-and-battery/) can address them.

## What Is Assault In Texas?

[Texas state law defines assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#:~:text=ASSAULT.%20(,including%20the%20person's%20spouse%3B%20or) as:

- Intentionally, knowingly, or recklessly causing bodily injury to another person, including one’s spouse.
- Intentionally or knowingly threatening another person with imminent bodily injury, including one’s spouse.
- Intentionally or knowingly causing physical contact with another person when you knew or should have known that the other party would regard said contact as provocative or offensive.

## Is Assault A Felony Or Misdemeanor In Texas?

How the assault is charged depends on the factors in the case and the severity of the assault:

- Class C misdemeanor: If you threaten another person with bodily harm or cause physical contact offensively or provocatively, and there were no other aggravating factors.
- Class B misdemeanor: If you commit assault against a sports participant during a performance or to retaliate for said performance.
- Class A misdemeanor: If you cause bodily injury to another person and there were no other aggravating factors. However, assault can be a felony charge in these situations:

### 3rd Degree Felony

- The victim is a public servant, and that person was lawfully discharging their duties. Or the act was in retaliation for an exercise of official power or act as a public servant.
- The victim is a family member, household member, or dating partner if the assault was committed by interfering with breathing or circulation by applying pressure to the neck, throat, nose, or mouth.
- The victim was someone who contacted the government for family services and was acting in their official duties.
- The victim is a security officer acting within their scope of duties.
- The victim was an emergency services worker and was acting within their scope of duties.
- The defendant was previously convicted of an assault on a member of family, household, or someone in a dating relationship.

### 2nd Degree Felony

- The offense was committed recklessly, knowingly, or intentionally against a peace officer or judge acting in the scope of their employment.
- The assault was committed while exhibiting or using a deadly weapon or the assault caused serious bodily injury – or aggravated assault

### 1st Degree Felony

It is a first-degree felony if you commit aggravated assault against someone with whom you have a domestic relationship or the victim was a police officer, security guard, emergency worker, informant, or witness.

## Penalties For Assault In Texas

- Class C misdemeanor: Maximum fine of $500
- Class B misdemeanor: Up to six months in jail and a fine up to $2,000
- Class A misdemeanor: Up to one year in jail and a fine of up to $4,000.
- Third-degree felony: Up to 10 years in prison and a fine of up to $10,000.
- Second-degree felony: Two to 20 years in prison and a fine of up to $10,000.
- First-degree felony: Five years to life in prison and a fine of up to $10,000.

## Assault Charges In Texas Depend Heavily On The Victim

As the above information shows, there can be many assault charges, depending on the circumstances and the victim. For instance, someone who punches someone in a bar fight might face a lesser charge than someone who attacks an on-duty police officer.

If you were charged with assault and wonder what you face, remember what happened. What was your relationship with the victim? What were they doing when the incident happened? Were they working?

These questions may seem trivial, but Texas law stresses who the victim was and what they did when the assault happened. Usually, a victim with a specific position or relation to the defendant will face a more serious misdemeanor or felony charge:

### Sport Participants

We all know things can get heated during a tight football, baseball, or basketball game. But a bad call or decision by a coach or referee never excuses violence. Texas law states that a fan or audience member who commits an assault against a sports participant, coach, or referee can be charged with a Class B misdemeanor.

### Pregnant, Elderly, Or Disabled Individuals

Pregnant, elderly, or disabled people are more protected under Texas law than others. If you assault a disabled or older adult, you may face a third-degree felony charge. A similar charge can be filed if the victim is a pregnant woman. You also can be charged with a third-degree felony in this circumstance.

### People With Official Positions

The job that the victim holds also can have a significant effect on the severity of the assault charge. For instance, assaulting a police officer on duty is a more severe offense than doing the same to someone, not a police officer. If you assault someone in any of these positions, you could face a Class A misdemeanor:

- Peace officer
- Judge
- Public servant
- Security officer
- Emergency services worker
- Child Protective Services worker

There are exceptions; the worker must have been discharging their official duties during the assault for elevated charges. For example, if the police officer was not on duty and is attacked on the street, elevated charges would not apply.

### Spouse Or Domestic Partner

Unfortunately, their spouse or domestic partner in Texas often kills women. Domestic violence is a severe problem, and the state takes the matter seriously. That is why if you are the spouse or domestic partner of the victim, you may face an elevated assault charge. The incident will be considered a family or domestic violence crime if the victim is:

- A member of the family
- Household member
- Spouse or significant other
- Ex-spouse or significant other

If you commit domestic violence, it is a third-degree felony, and you can get between two and 10 years in prison. Federal law also states that a domestic violence offender cannot purchase or own firearms.

## Defenses Against Assault Charges

No matter the degree of assault charge faced, being convicted will leave you with a permanent criminal record. This makes many aspects of life harder:

- Employment: Most employers conduct background checks, so you can be denied employment if you have a charge or conviction on your record.
- Housing: Landlords may have the right to refuse to rent if you have a criminal record.
- Education: Getting accepted to school and getting loans can be challenging.
- Child custody: You can lose child custody or visitation rights with an assault conviction.

These severe consequences emphasize the importance of devising the best defense strategy to fight or reduce the assault charge. The best defense for this charge depends on the circumstances and the alleged victim.

Your Galveston assault lawyer will review the case specifics and create a defense based on the evidence. Some effective assault defenses are:

- Self-defense: You responded to a credible threat of harm or had a fear of harm. Also, you did not act first and could not avoid the situation.
- Protection of another person or property.
- The alleged victim gave their consent to the assault.

No matter the case’s specifics, a Texas assault charge is serious. If you face these charges, it is vital to take immediate action to avoid a conviction. An experienced Texas assault defense attorney will review these defenses with you and determine what makes the most sense in your situation.

## The Texas Hate Crimes Act

An assault charge can be even worse if it violates the [Texas Hate Crimes Act](https://www.dps.texas.gov/sites/default/files/documents/crimereports/07/citch6.pdf). If the assault is committed because of prejudice or bias, the punishment is increased to what is prescribed for the next highest offense category.

For example, a recent assault case involved two men using a social media app for gay men to set up meeting with an individual in his home. When they got there, they tied the man up, flashed a firearm, and assaulted him, while making derogatory statements about his sexual orientation. Then, they stole property from the home, including the victim’s car. They pled guilty to targeting the man for being gay and were sentenced to 20 years in prison.

They could have been only charged with simple assault if they had not used a firearm. But because they had a gun, it became aggravated assault with a maximum sentence of 20 years. However, they could have received a life sentence because it was a hate crime. Fortunately for the defendants, the judge decided not to impose this harsh sentence.

In Texas, you face a variety of harsh punishments if you are charged with assault, and they become even worse when the crime involves certain aggravating circumstances. But with the help of a skilled attorney, it is possible to have a favorable case outcome.

## Contact Our Assault Lawyers In Galveston Today

Being charged and convicted of assault in Texas may mean jail time, fines, probation, and more. You will also have a criminal conviction on your record, making it harder to get and keep a good-paying job. But if you fight the charge successfully, it could be reduced or dismissed. If you were charged with assault, [contact our assault lawyers in Galveston](/landing-form/) with Mark Diaz & Associates at (409) 515-6170 for a case review.

**Categories:** Assault Lawyer

**Tags:** Assault

---

### [Things That Can Increase Sexual Assault Sentence In Texas](https://texascriminaljustice.com/things-that-can-increase-sexual-assault-sentence-in-texas/)

**Published:** September 18, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![sexual assault](https://texascriminaljustice.com/wp-content/uploads/2023/09/Diaz-4-Things-That-Can-Increase-Sexual-Assault-Sentence-In-Texas_September-2023.jpg "sexual assault")Being charged with sexual assault in Texas is both terrifying and humiliating. This severe criminal charge can ruin your personal life, and career and devastate your reputation in the community. If you are convicted, you will face heavy fines, prison time, and sex offender registration. Because of the tremendous stigma of being a sex offender, a conviction can wreck your life.

Even if the charge is dismissed, you still could face consequences for years. Learn about sexual assault charges in this article, and if you have questions about a criminal case, our [Chambers County sexual assault lawyers](/sexual-assault/) can help today.

## What Is Sexual Assault?

Like many states, Texas no longer uses a traditional definition of rape. The penal code in Texas states that non-consensual sexual intercourse is called [sexual assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm). This offense is a second degree felony which is punishable by 2-20 years in prison and a fine of up to $10,000.

However, this offense can be charged as a first degree felony if the offense is committed against a blood relative or stepparent, or against a purported spouse in a situation of bigamy.

The Texas sexual assault statute also has a provision listed for statutory rape. This is sexual intercourse with someone who is 17 or younger. Unlike sexual assault against an adult victim, statutory rape does not involve the concept of consent. This means that any sexual intercourse with a child is a crime, whether the victim consented or not.

## What Is Aggravated Sexual Assault?

In certain circumstances, a sex crime in Texas may be prosecuted as aggressive sexual assault and will increase the criminal sentence. This includes sexual assault involving a weapon, making the victim afraid for their life, using a date rape drug to commit the crime, or committing the crime against a child under 14 years of age, elderly, or disabled person. If you are convicted of aggressive sexual assault, it is a first-degree felony, punishable by five to 99 years in prison.

## Sex Between Young People May Not Be A Criminal Offense In Texas

A wrinkle in many states’ sexual assault laws is where the alleged perpetrator and victim are young and close in age. In Texas, if the defendant can prove that the alleged victim is older than 14 and not more than three years younger than the defendant, it may not be a crime. This is commonly referred to as the [Romeo and Juliet law](http://faq.sll.texas.gov/questions/41224). This is intended to protect young people from criminal prosecution for having consensual sex with someone of a similar age.

If you or someone you know has been accused of sexual assault with a minor, it is essential to understand if the Romeo and Juliet defense is applicable. Even if the facts of the situation appear to fit this defense, you still should have an attorney to defend you. Any time you have been accused of sex with a minor, you should treat the matter extremely seriously, even if the Romeo and Juliet defense appears to apply.

## What Is The Best Defense To A Sexual Assault Charge?

If you were charged with sexual assault, you face years in prison, and if it is aggravated sexual assault, you could get an effective life sentence. Your reputation and freedom are at stake, so never think you are safe from being prosecuted and convicted because you are innocent. If you have been arrested, having an experienced criminal defense attorney in your corner is essential.

Your attorney will gather all relevant information from witnesses, crime laboratories, social media, law enforcement, and more. Your attorney will construct the best possible defense to the sexual assault charge with this information. Some of the defenses that could be effective for your case are:

- Lack of criminal intent
- Lack of knowledge
- Victim consent
- Insanity
- You were no more than three years older than the minor when the offense occurred

Lack of intent is a potential defense because the law requires knowing or intentional sexual contact. So, accidental touching or penetration is not sexual assault. However, this defense may be ineffective unless you had a good reason to be close to the individual when they were undressed.

Victim consent is a common defense because the state has the burden of proof, meaning it must establish beyond a reasonable doubt that you did not have the victim’s consent. Many sexual assault charges are of the ‘he said, she said’ variety and the evidence is unclear. However, remember that consent is not considered when the alleged victim is a minor because children cannot give consent.

## Additional Common Questions About Sexual Assault Laws In Texas

Below are more common questions and answers about sexual assault charges in Texas:

### How Is Sexual Assault Defined In Texas?

Texas Penal Code Section 22.011 defines rape and sexual assault. It reads that sexual assault happens when there is non-consensual, unwanted sexual contact with another party that involves sexual organ penetration by any means. Lack of consent is defined as coercion, manipulation, physical force, and threats of violence.

### How Long Can You Go To Prison For Sexual Assault?

According to Texas law, sexual assault is a second-degree felony, so you can get between 2 and 20 years in state prison.

### Should You Attempt To Contact Your Accuser?

Usually, no. In most cases, the judge will issue an order stating that you cannot contact the alleged victim under the terms of your bail.

### What If You Had A Consensual Relationship With The Alleged Sexual Assault Victim?

This is where a skilled criminal defense attorney can help you. They could hire a private investigator to look into the matter, perform physical evidence testing, and cross-examine witnesses. Sometimes, a consensual relationship can be proven with evidence and a sufficient investigation. It does not always have to be just your word against theirs.

### Should You Talk To The Police?

The police may want to interview you as a person of interest, and it is natural that you will want to explain the situation and clear your name. However, you should never provide a statement to the police about a sexual assault accusation unless you have your attorney present. Even if you are sure you are aiding your case, you could easily say something in a police interview that incriminates you.

### What Is The Difference Between Sexual Assault And Sexual Harassment?

The major difference is that sexual assault is a crime, while sexual harassment is typically a civil matter. Most sexual harassment claims arise in the workplace, and state and federal laws are in place that ban sexual harassment at work.

When a worker experiences a hostile environment at work, they can file a claim against the company. If the victim is successful, they could receive compensatory damages, including restitution.

In a sexual assault case, the state can file criminal charges against you. When the county prosecutor convinces the court that you committed sexual assault, you can be sentenced to prison.

### How Long Can It Take To Clear Your Name?

There is no timetable for resolving a Texas sexual assault charge. Some cases can settle relatively quickly before there is an indictment. But others can go to trial and take over a year to conclude. The most crucial factor in clearing your name is to retain an experienced attorney immediately. Bringing in an attorney later in the case could be too late because many opportunities to resolve the situation may have been missed.

## False Allegations Are Common

Any allegation of sexual assault must be taken seriously and investigated. That said, an innocent person can sometimes be accused of a sex crime. This could happen in a breakup or divorce, where one party accuses the other of sexual assault as revenge.

In other situations, a pregnant teenager might accuse their partner of sexual assault rather than admit to consensual sex. If you think you have been falsely accused, you should hire an experienced, aggressive criminal defense attorney to defend you. Our Chambers County sexual assault lawyer will review your case, and then determine the best way to fight the charges.

## Contact Our Galveston County Sexual Assault Lawyers

A sexual assault charge and conviction can be ruinous for your life. But with the help of a skilled defense attorney, you can still have a favorable outcome in your case. This type of serious charge requires the help of an attorney who focuses only on criminal cases and will aggressively safeguard your rights.

Our [Galveston County sexual assault lawyers](/sexual-assault/) routinely handle these challenging cases so please [contact Mark Diaz & Associates](/landing-form/) at (409) 515-6170 for a case review. Once you are his client, Mr. Diaz will give you his cell phone number so that you can get the answers you need anytime.

**Categories:** Sexual Assault Lawyers

**Tags:** sexual assault

---

### [The New Drug Tranq and Why It Is So Dangerous](https://texascriminaljustice.com/the-new-drug-tranq-and-why-it-is-so-dangerous/)

**Published:** October 3, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Tranq](https://texascriminaljustice.com/wp-content/uploads/2023/10/Diaz-1-The-New-Drug-Tranq-And-Why-It-Is-So-Dangerous_October-2023.jpg "Tranq")Some states have relaxed specific laws regarding drug possession, but possessing illegal narcotics is still considered a severe crime in Texas. A new, dangerous development in the drug market is xylazine or tranq, which this article highlights. If you have questions about a recent charge or case involving xylazine or another drug, our[ Texas drug possession lawyer](/drug-possession/) at Mark Diaz & Associates can assist you.

## What Is Xylazine or Tranq?

In recent months, the drug xylazine or tranq has become a focal point for Texas law enforcement and the rest of the country. This drug is not approved for human use by the FDA and is not yet listed as an illegal drug under state or federal criminal statutes (this may change soon).

Xylazine is often mixed with fentanyl and a variety of other illegal drugs that enhance and prolong the drug high. It is being seen by law enforcement more often in illicit drug distribution channels, but many drug users may not know tranq has been added to the drug they purchased.

The FDA is aware of this new drug’s various street names, which are also known as tranq dope, sleep cut, zombie drug, and Philly dope. One problem that makes the drug so dangerous is that it is so potent. It also can lead to human flesh developing rotting sores, which is why ‘zombie drug’ is one of its nicknames. The drug can cause the user to[ feel calm and elated](https://www.texastribune.org/2023/06/19/texas-fentanyl-drugs/), which is why tranquilizers are often used for anxiety, sleep disorders, and panic attacks.

Veterinarians have used xylazine to care for small and large animals for at least 50 years. It is recognized as a safe, effective sedative for dogs, cats, horses, cattle, deer, and elk to make them calm and easier to handle. It is considered a critically important drug in the veterinary world, and it needs to be available to care for animals in Texas.

This would not be a problem, but xylazine has become popular in Texas as a street drug, and the police are trying to stop it from being available in the illegal drug market. In just this year, the FDA announced its intention to take action in an effort to restrict the unlawful entry of xylazine’s active pharmaceutical ingredients and the finished dosage form into the United States to address this growing health concern. This has become a serious issue for the state’s vets because they need the drug in their practices to use in a legitimate fashion.

## Texas Health Officials Warn of Tranq Drug Combination

The[ danger of xylazine or tranq](https://www.dshs.texas.gov/news-alerts/state-health-officials-warn-dangerous-drug-combination) can be seen because the Texas Department of State Health Services issued a health advisory in March 2023 notifying medical providers of reports that the drug is often mixed with many illegal drugs in Texas. The police have found xylazine or tranq mixed in the illicit fentanyl supply in the western region of Texas. It also has been combined with Xanax and various recreational drugs, contributing to at least four deaths.

Xylazine has an intense sedative effect and can make the opioid high last longer. It also can cause unconsciousness, slowed breathing and heart rate, and low blood pressure. Tranq can also cause organ damage because of lowered blood volume. Long-term drug use can cause severe sores and ulcers that can rot skin tissue and cause infections. The drug is also dangerous because it can sedate a person so that they can be injured in an accident, such as a fall, or from exposure to extreme cold or heat.

Unfortunately, xylazine is not an opioid, so its narcotic effects cannot be reversed with Narcan. But because fentanyl and other opioids are so popular in the illegal drug trade, Texas clinicians recommend treating possible overdoses with Narcan anyway. If the patient shows no response, they should suspect exposure to xylazine and offer appropriate care. Doctors should also consider long-term exposure to xylazine as a potential diagnosis for patients with unexplained skin ulcers.

## NBC States That Tranq Overdose Deaths Have Soared

[NBC recently noted](https://www.nbcnews.com/health/health-news/cdc-xylazine-tranq-fentanyl-opioid-deaths-rcna91638) in a report that the number of overdose deaths involving tranq has soared around the country in recent years. Two federal studies quoted by the news agency found that men were more likely to use opioids with xylazine and to pass away from overdoses than women.

According to CDC data, the percentage of deadly overdoses where tranq was detected increased by 275% from 3% to 10% from January 2019 to June 2022. It also found that the drug is being laced into fentanyl, which led to 70,600 overdose fatalities in 2021. In March 2023, the DEA warned about drug combinations that had xylazine in it and that the DEA had confiscated mixtures of xylazine and fentanyl in 48 US states.

These findings came as drug overdose deaths continue to rise in America. A CDC study in 2022 found the country had seen a 30% spike in drug overdoses between 2019 and 2020, which was the largest spike in history. Most of those deaths were because of fentanyl.

## Congress Moves to Make Xylazine a Controlled Substance

It is evident in both Texas and the US overall that xylazine is a severe threat, prompting[ Congress to consider adding xylazine](https://www.cnn.com/2023/03/29/health/xylazine-tranq-controlled-substance/index.html) to the controlled substance schedule. Bipartisan legislation introduced in June 2023 in the House and Senate indicates concerns over xylazine. One sponsor, Sen. Catherine Cortez (D-NV) said that drug traffickers are using tranq to increase their profits, and Congress should empower law enforcement to crack down on the spread of the drug.

The potential legislation would make tranq a Schedule III drug under the Controlled Substances Act. This category on the five-level ladder is for drugs with lower potential chances for psychological or physical dependence. If approved, xylazine would be a level below opioids, such as fentanyl.

The proposed law would also require drug manufacturers to send reports on the distribution and production of xylazine for the veterinary market to the DEA. The agency would be able to ensure that the drug was not being diverted to the illegal drug market. Other proponents of the bill say it would combat xylazine abuse by giving state and federal law enforcement more tools and power to crack down on illegal use and production of tranq, such as putting harsher penalties on traffickers and dealers who spread the drug.

The bill was endorsed by the National Association of Police Organizations and several other law enforcement bodies and is likely to strongly affect the lowest members of the drug trafficking trade and the users. Bill sponsors have noted that drug users should not be overly punished for using xylazine because many do not even know they are taking the drug; it is often mixed into other drugs they purchase.

The police are highly supportive of adding tranq to the Controlled Substances Act. One letter to the Senate from the Fraternal Order of Police said that xylazine is worsening the drug crisis in the US and Texas. It is estimated that 23% of fentanyl powder and 7% of fentanyl pills taken by DEA in 2022 had xylazine. The organization said adding the drug to the drug schedule would still allow it to be accessed in veterinary medicine but would also let state and federal law enforcement fight its illegal use on the street.

## What Is a Schedule III Drug?

Xylazine could be added to the federal drug schedule as a[ Schedule III drug](https://www.law.cornell.edu/uscode/text/21/812). This means that the drug has the potential for abuse, but less than for drugs in Schedule I and II. Also, xylazine does have an accepted medical use in veterinary medicine, and abuse of the drug could lead to low or moderate physical dependence and possibly high psychological dependence.

At the federal level, a Schedule III drug conviction for a first offense may result in up to one year in federal prison and a fine of up to $1,000. A second offense could bring two years in jail and a $2,500 fine, while a subsequent conviction may result in three years and a $5,000 fine.

However, with xylazine, most charges at the state or federal level will not be simply drug possession because it is often mixed with other illegal drugs. Many xylazine arrests in Texas recently have been for more than drug possession. Additional potential charges that could be involved with xylazine are drug trafficking, money laundering, and conspiracy.

## Talk To Our Texas Drug Possession Lawyer Now

If the legislation pending in the US Congress is passed into law, it will alter how xylazine cases are treated in federal courts. The state of Texas will likely do the same thing, and tranq will soon be considered an illegal drug under state law. Even today, xylazine can be part of a felony drug arrest in Texas for trafficking or possession because it is often mixed with other illegal drugs.

Overall, adding xylazine to the drug schedule in Texas is probably inevitable, and the drug could be the basis for serious felony drug charges.

If you were recently charged with a crime related to xylazine, you need the assistance of a skilled attorney to reduce the chances of severe consequences. [Contact our Texas drug possession lawyers](/landing-form/) at Mark Diaz & Associates for help at (409) 515-6170 today.

**Categories:** Drug Crime Attorney

**Tags:** Tranq

---

### [Never Plead Guilty To DWI In Texas Without A Lawyer](https://texascriminaljustice.com/never-plead-guilty-to-dwi-in-texas-without-a-lawyer/)

**Published:** October 9, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2023/10/Diaz-2-Never-Plead-Guilty-To-DWI-In-Texas-Without-A-Lawyer_October-2023.jpg "DWI")You were recently pulled over for drunk driving and arrested. Now, you are considering pleading guilty to getting the whole mess behind you. However, you should never plead guilty to a DWI without a lawyer. The Texas police work hard to catch drunk drivers, and prosecutors are highly motivated by negative public sentiment against drunk drivers to convict them. Representing yourself in a DWI case is never a good idea. [League City DWI attorneys](/dwi-charges/) at Mark Diaz & Associates have an impressive record defending alleged drunk drivers, and we are ready to fight for your rights today.

## What Are The Penalties For A First-Time DWI?

Drunk driving [killed 963 people in Texas in 2020](https://www.txdot.gov/about/newsroom/statewide/2021/drunk-driving-killed-963-people-in-texas-last-year.html), and the public takes a dim view of drunk drivers. That is why it never pays to plead guilty to a DWI in Texas without retaining an attorney; there is strong public pressure to hammer convicted drunk drivers with harsh penalties. Even for a first-time DWI in Texas, you can get pummeled by the state for a conviction. Penalties include:

- A potential fine of up to a $2,000 fine, and/or a potential statutory fine of $3,000
- These potential fines could increase if it is alleged that you had an open container in the vehicle.
- Up to six months in jail
- Loss of your driver’s license for no less than 90 days and up to a year
- A first-time DWI can also lead to probation and alcohol treatment classes you must attend or risk losing your license.
- Many other collateral consequences that will be discussed below

## What Are The Penalties For A 2nd DWI?

If this is your second DWI charge, you want to have a lawyer at your side. A second DWI is a Class A misdemeanor; you will get up to a $4,000 fine and up to a year in jail. A second DWI conviction means your driver’s license gets suspended for up to 18 months, and you must pay to reinstate it. In addition to the penalties listed above, it should be noted that there is no possibility of a deferred probation for this type of offense.

## What Are The Penalties For A 3rd DWI?

A third DWI is extremely serious. It is a third-degree felony that can get you up to 10 years in prison with a fine of up to $10,000. Even worse is being convicted of intoxication manslaughter, which means you killed someone when you were intoxicated in Texas. This is a second-degree felony, which may result in up to 20 years in prison and a $10,000 fine. In addition to the steep penalties listed above, it should be noted that there is no possibility of a deferred probation for this type of offense.

## What Are Other Texas DWI Conviction Consequences?

If you are not convinced by the criminal penalties for a DWI conviction, you should consider the collateral consequences of a sentence. These other consequences could dog you for years:

### Lost Employment Opportunities

Most employers do background checks, and the chances of getting the job probably vanish if there is a DWI charge or conviction on your record. A DWI charge is seen as a negative reflection of your character, and some employers may not even bother to hear your side of the story. They also may worry that some with a DWI background will be an unreliable employee.

### Lost Jobs

Texas is considered ‘at will’ for employment, so an employer can fire you for any reason, including a criminal conviction. Some organizations have a zero-tolerance policy for any criminal record, especially DWIs, and a conviction could result in you being fired.

Furthermore, if you have a professional license, such as a CDL, it is at risk. You could have a professional license suspended or revoked and be left without work. It does not matter if the DWI happened in your personal vehicle; your commercial driver’s license can still be suspended.

### Lost Educational Opportunities

When you apply for college, the institution will probably ask if you have a criminal history. If you have a DWI conviction, there is a good chance they will reject your application. If they do accept you, they will probably look at others who do not have a criminal history. If you are enrolled in school now, you risk being suspended or expelled if convicted.

### Being Unable To Rent Housing

Apartment managers check backgrounds as employers do. They may not rent to you if they see you were convicted of a crime. Also, property managers often think drunk drivers are a problem and want nothing to do with them.

### Obtaining Loans

Loan officers will often check your financial history but may also check your background when making a lending decision. A drunk driving conviction can raise worries that you are unreliable and may not make your payments.

Between the criminal and collateral consequences of a DWI conviction, you can make few worse decisions than pleading guilty for drunk driving without a lawyer. There are many things that your attorney can do to aid your case, making the investment well worth the cost.

## What Will A Texas DWI Attorney Do For You?

The penalties for a Texas DWI conviction are unpleasant, and you want to avoid them at all costs by retaining a skilled lawyer. Your drunk driving lawyer in League City is not merely there to sympathize and hear your side. They will fight tirelessly to win the DWI case, from preparing you for court hearings to challenging the state prosecutor to questioning evidence. There are many more things your DWI attorney can do to obtain the best outcome, including:

### Use Their Extensive Knowledge of State DWI Laws And Penalties

If there is one big reason to hire an experienced League City DWI lawyer, it is that they come to the table with years of skill and experience that will give you the best support and advice. Your attorney has spent years dealing with all types of drunk driving cases and has seen it all. Their skill and experience give them an edge in understanding the charges and how to beat them. From knowing the questions to asking witnesses to present evidence to finding holes in the state’s case, your lawyer’s knowledge increases the chance you can walk away with your freedom.

DWI attorneys also have the skill of deemphasizing parts of your case that are unhelpful to highlighting what benefits it. Furthermore, an experienced DWI defense lawyer knows the local courts, judges, and prosecutors, which can give your lawyer an edge when negotiating a deal.

### Reduce Your Time Behind Bars

After any DWI arrest, you will need to make at least one court appearance, and you could face jail, depending on the charge. Your attorney’s goal is not just to dismiss the case but, in some circumstances, to ensure you spend minimal time behind bars.

Your attorney will try to ensure you do not need to go to court for most legal proceedings and will represent you when absent. This allows you to go about your business at home or work with more peace of mind. You can be comfortable that your lawyer is striving to dismiss the case or reduce the charges. Your lawyer will also attempt to reduce your time in jail by discussing alternatives, such as house arrest, community service, and rehabilitation.

### Present A Strong Defense

When the judge or jury decides the case, the thing that matters most is the strength of your defense. You can rely on an experienced DWI defense attorney in League City to construct a strong defense based on your case particulars.

### Handle Documents And Evidence

A large factor in any Texas DWI case is the evidence. Your guilt or innocence will hinge on the evidence drafted and submitted by both sides. It can be highly stressful to deal with evidence and paperwork without a lawyer, including police reports, photos, toxicology reports, police videos, etc. But your DWI attorney knows how critical timely evidence is to win a DWI case and will handle the evidence and paperwork efficiently to prepare your case effectively.

### Help You Decide On A Plea

It can be challenging to know if you should plead guilty or not guilty to a DWI charge in your arraignment. Your attorney’s advice will be critical in determining your plea. Their advice will be based on the likelihood of a favorable result with the plea you decide.

### Avoid Jury Bias

A constant problem with winning a Texas DWI case is the bias that exists in the system against drunk drivers. Without an attorney, it can be challenging to convince a skeptical jury of your innocence, but with an experienced attorney, they may trust you more and be more open to your views. Your attorney will strive to present your best side and make the jury more sympathetic to your side.

## Contact Our League City DWI Lawyers Today

If you are charged with a DWI in Texas, you may think you do not have a chance to beat the charge, so you decide to plead guilty without a fight. This is almost always a huge mistake and could cost you dearly now and for years. You should always retain an attorney to fight for your rights. Contact our League City DWI lawyers at [Mark Diaz & Associates](/landing-form/) who will aggressively advocate for you and offer the best defense, so call (409) 515-6170 for a free consultation today.

**Categories:** DWI Attorney

**Tags:** DWI

---

### [How Serious Is Burglary of a Habitation In Texas?](https://texascriminaljustice.com/how-serious-is-burglary-of-a-habitation-in-texas/)

**Published:** October 16, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![burglary](https://texascriminaljustice.com/wp-content/uploads/2023/10/Diaz-3-How-Serious-Is-Burglary-Of-A-Habitation-In-Texas_October-2023.jpg "burglary")Burglary and robbery are treated seriously in Texas, and you face severe consequences if convicted. If you have been charged with burglary of a habitation in Texas, you need a strong criminal defense strategy today, and the Galveston County burglary lawyers at Mark Diaz & Associates can help you.

## What Is Burglary?

Under Texas laws, burglary means entering another person’s property without their consent with the intent to commit a crime, but this does not necessarily involve the intent to steal. While many Texas burglaries involve stealing, this is not essential to be charged with the crime. The[ Texas Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm) says that burglary occurred in these situations:

- You entered a habitation or part of the building closed to the public to commit a theft, felony, or assault.
- You were concealed in the building to commit a theft, felony, or assault.
- You entered the building or habitation and committed or attempted to commit a theft, felony, or assault.

The term ‘habitation’ is referred to several times in the laws that deal with burglary. Usually, we consider a habitation as an apartment, house, or similar residence. But the Texas Penal Code uses a more specific definition: A habitation under the law is any structure or vehicle that is intended and adapted for overnight accommodations for a person or persons. So, a habitation can be an RV or even a tent at a campsite.

So, in theory, if someone can sleep in an enclosed space, the law considers it a habitation. The habitation does not have to be occupied when the entry happens for it to be charged as a burglary. Also, theft or another crime doesn’t need to have occurred inside the habitation.

For example, suppose a person plans to rob a home in Galveston County. He waits for the homeowner to drive away, then jimmies the back door. After entering the house, the homeowner’s dog snarls at the intruder, who exits without stealing anything. Even if the person did not take anything, burglary still occurred. The crime happened when the person entered the habitation without permission with the intent to commit a crime. The fact that he did not steal anything does not matter regarding a burglary charge.

### What Is Theft and Robbery?

The following term to consider under Texas law is theft. This crime is when you take someone’s property without the property owner’s consent. The Texas Penal Code states that theft is the ‘unlawful appropriation’ of property to deprive the owner of that property.

Theft does not need to involve burglary or violence. For instance, if you shoplift, you are in the store during business hours and not committing burglary. If you simply steal a pair of jeans from a rack and walk out, you did not commit violence, but a theft was committed.

If theft involves committing or threatening violence, this converts into robbery. The Texas Penal Code states that robbery occurs when a person, in the commission of committing a theft, either: (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

So, if you point a handgun at someone and tell them to give you their money, that is robbery. You do not have to shoot or harm them for robbery to occur. Just pointing a firearm at someone is enough to put the person at fear of death or severe bodily injury.

If the robbery involves using a deadly weapon, it will be charged as aggravated robbery. This is a more severe charge that carries harsher penalties. The crime can also be aggravated robbery if the victim is over 65 or disabled.

In summary, burglary happens if someone enters the habitation with the idea of committing another crime. Theft is when you take another person’s property without their consent, while robbery is when you injure or threaten to injure someone when stealing their property. Just remember that all robberies involve theft, but not every theft involves robbery. Burglary can involve both theft and robbery.

### What Are the Punishments For Theft In Texas?

Theft can be prosecuted in Texas as a misdemeanor or felony, according to what the property is worth. For example, theft of property less than $100 is a Class C misdemeanor, and theft of $300,000 or more in property is charged as a first-degree felony. Other types of theft crimes are charged as follows:

- [Class B misdemeanor](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm): $100 to $749 in property.
- Class A misdemeanor: $750 to $2,499 in property.
- State jail felony: Between $2,500 to $29,999 in property.
- Third-degree felony: $30,000 to $149,999 in property.
- Second-degree felony: $150,000 to $299,999 in property.

There also are some particular situations where the theft could be charged differently. For instance, if you steal a person’s driver’s license, this is a Class B misdemeanor. If you have other theft convictions, you will be charged with a higher-level misdemeanor or felony, depending on the situation. Some kinds of property could be charged differently, for instance, stealing livestock or precious metals. Maximum sentences for theft crimes are:

- Class C misdemeanor: Up to $500 fine and no jail time.
- Class B misdemeanor: Up to 180 days in jail and a fine of $2,000.
- Class A misdemeanor: Up to one year in jail and a fine of $4,000.
- State jail felony: 180 days to two years in prison and a fine of $10,000.
- Third-degree felony: Two to 10 years in prison and a fine of $10,000.
- Second-degree felony: Two to 20 years in prison and a fine of $10,000.
- First-degree felony: Five to 99 years in prison and a fine of $10,000.

### Punishments For Burglary and Robbery

The burglary penalty largely depends on what the property is. Burglary of a habitation is a second-degree felony, and burglary of another building is a state jail felony. So, if you commit burglary against a single-family home or apartment, you can get up to 20 years in state prison. But you would only get up to two years if the burglary was of a retail store.

It is possible to be hit with a first-degree felony with a potential life sentence if the burglary was of a habitation and you entered the residence to commit another felony, not just theft. So, if you enter the home with the idea of committing murder, state prosecutors could charge you with a first-degree felony.

On the other hand, robbery is a second-degree felony, usually, but aggravated robbery is a first-degree felony. The difference in these cases could be simply threatening the victim with a gun.

### What Are Potential Defenses to Theft And Robbery Charges?

Burglary of a habitation or robbery charges in Texas can put you behind bars for a long time. That is why you need to retain a skilled Galveston County burglary attorney as soon as possible if you face such a charge. The good news is, depending on the case, there could be several possible legal defenses available:

#### Lack of Intent

An effective defense for theft and robbery charges is that you did not intend to commit the crime. If your defense attorney can prove you lacked intent to commit theft, assault, or other felony when you entered the habitation, it can improve the case outlook. Lack of purpose can be shown by proving you had a legitimate reason for entering the property. For instance, you could argue that you entered the home when the owner was not there to leave a message or a piece of property, but you mistakenly entered the wrong home.

#### Mistaken Identity

The alleged victim may have misidentified you as the perpetrator. In the heat of a crime, an eyewitness can provide unreliable testimony. Your lawyer could provide evidence that you were not the person who committed the crime. This defense would likely be more believable if an alibi witness and/or video footage to prove you were elsewhere can be produced on your behalf.

#### Insufficient Evidence

Your criminal defense attorney will review the prosecutor’s evidence carefully. If there is not enough evidence to prove you are guilty beyond a reasonable doubt, your lawyer may argue for a case dismissal. Your lawyer could challenge whether the witnesses are credible and whether the physical evidence is authentic. Your attorney could cast doubt on the entire case by pointing out gaps in the state’s evidence.

#### Illegal Search and Seizure

Your attorney will also review how the police arrested you and whether they followed procedures to obtain critical case evidence. Some evidence could be suppressed if they violated your constitutional rights during the arrest or investigation. This defense could be vital if the police searched your residence or vehicle without a warrant.

### Talk To Our Galveston County Burglary Lawyers Today

If you have been charged with burglary in Texas, time is of the essence. The prosecutor will work tirelessly to convict you, but our [Galveston County burglary lawyers](/burglary-robbery-theft/) at Mark Diaz & Associates will defend you to the best of their abilities. [Schedule a consultation](/landing-form/) today at (409) 515-6170.

**Categories:** Burglary Lawyer

**Tags:** burglary

---

### [Possible Defenses To A Battery Charge In Texas](https://texascriminaljustice.com/possible-defenses-to-a-battery-charge-in-texas/)

**Published:** October 20, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/10/Diaz-4-Possible-Defenses-To-A-Battery-Charge-In-Texas_October-2023.jpg "assault")Assault and battery is a standard term in the US, making it sound like a single crime. In many states, assault and battery are separate offenses with different penalties and definitions. ‘Assault’ usually means threatening another party with violence, while ‘battery’ usually means the threatened act took place and the person made physical contact with the other person with force.

In Texas, those definitions are accurate, but a battery crime in this state is under the general criminal category of assault. Learn more about battery charges in this article, including potential consequences, defenses, etc. If you have been charged with this serious crime, do not delay and retain an experienced [Galveston battery attorney](/assault-and-battery/) before it is too late.

## What Assault Means In Texas

[Texas Penal Code Title 5 Chapter 22](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.22.pdf) defines assault in three ways:

- Intentionally, knowingly, or recklessly causing bodily injury to another person, including a spouse.
- Intentionally or knowingly threatening another person with imminent bodily harm, including a spouse.
- Intentionally or knowingly making physical contact with another party when you knew or should have known that the other party would see the contact as aggressive or offensive.

For instance, you could be charged with assault when you purposely punch someone in a bar fight, threaten to punch them by raising your fist but not hitting them, or poking the person in the arm offensively and provocatively. So, you can be charged with assault in Texas simply for making offensive threats, threatening gestures, or offensive contact. This means you could get charged with assault simply for getting into a heated argument with friends or family.

Causing bodily harm to another person is a Class A misdemeanor in Texas. A Class A misdemeanor can be punished by up to a year in jail and a fine of up to $4,000.

You could be charged with a felony-level assault if the assault occurred by choking or impeding the circulation a household or family member. This offense is a third-degree felony if you assaulted This can be punished by up to 10 years in prison and a maximum fine of $10,000.

However, if the person who received bodily injury was a public servant on duty at the time of the alleged assault, then the offense is charged as a third-degree felony. A third-degree felony can be punished by no less than two years up to 10 years in prison and a fine of up to $10,000. Examples of public servants are EMS workers, teachers, or bus drivers on duty.

There is an important distinction to be made here because a public servant (for purposes of this offense) does not include police officers or judges. The assault is committed against an individual in this category is a second-degree felony. A second-degree felony is punishable by not less than two years up to 20 years and a fine not to exceed $20,000.

Being charged with assault for threatening the other person or making offensive contact is a Class C misdemeanor. The punishment is a fine of up to $500. However, a Class B misdemeanor can be charged at a sports event if you threaten someone during the sports event. A Class B misdemeanor can be punished by up to 180 days in jail and a fine of up to $2,500.

## What Is Aggravated Assault In Texas?

An assault crime can be elevated to aggravated in some cases. The circumstances that can lead to an aggravated charge is when a dangerous weapon is used or exhibited or if the assault causes serious bodily injury. Seriously bodily injury in Texas means the injury created a serious risk of death, severe disfigurement, or impairment or loss of the function of any organ or bodily member.

## Defenses To A Texas Assault Charge

If you have been charged with assault or battery in Texas, it is a severe situation, but effective defenses are available. Your Galveston assault attorney will review your case and may make one or more of the following arguments:

### Defense Of Property

Texas has the castle doctrine, which means you can defend your home, car, or property with force if reasonably necessary. The use of force could be justified if you reasonably believed that the other party was attempting to commit a violent act, illegally entered your property, or was trying to remove you from your property.

### Self-Defense

People in Texas have the right to defend themselves against those who intend to harm them. Some people could wind up arrested for assault or battery for trying to defend themselves. However, the Texas Penal Code states that someone is justified in using force if they reasonably believe that force is needed to protect them. But the force has to be reasonable. For example, if someone in a bar aggressively pushes you, you can legally respond similarly. But that does not mean you can hit the person with a weapon.

### Defense Of Others

An assault or battery charge also could be questioned if you were using force to defend someone else. For example, if someone punches your friend at a concert, you can use reasonable force to protect your friend from additional harm. However, the physical act you take in response must be proportionate to what the assailant used.

### Consent Or Assumption Of Risk

Consent or assumption of risk can be a solid defense in some scenarios. Suppose you and a group of friends are playing football in the backyard. Your friend cannot claim he was assaulted because he got tackled during the game.

### Mistaken Identity

In some situations, it could be a matter of mistaken identity. If you can prove that you were not at the scene of the alleged crime, the charges could be dropped. Possible evidence to support a mistaken identity defense is an alibi, video, or photos proving you were elsewhere at the time.

### Accident

Suppose you slip in a bar and accidentally strike and injure another patron. This could be a valid defense because you lacked the intent, knowledge, or recklessness required for an assault charge. If you injured the person by accident, the charge could be dropped.

### Lack Of Evidence

If the prosecution cannot prove your knowledge, intention, or recklessness, you cannot be convicted of assault or battery. If your attorney effectively argues this defense, the charges could be dropped.

## What Are Possible Battery Plea Agreements?

If you were charged with battery in Texas, you may be allowed to enter into a plea agreement. This means you plead guilty to the charge, and in exchange, you receive a lesser sentence. Whether you agree to a plea deal is complex, and you should listen to your attorney’s advice. However, taking a plea deal can be beneficial because you can receive a lesser sentence and avoid the time and expense of a trial. Potential plea deals for an assault or battery charge might be:

### Plea With No Jail Time

It is possible to avoid jail time for a simple assault or battery charge if you have a clean record and the case was not severe. In this case, you might get a deferred sentence and receive probation with no jail time. You might not even have a criminal record for a simple assault or battery charge, so it may be wise to take this deal if it is presented. Once you finish probation and do not commit another crime, it may be as if the incident never happened.

### Plea With Jail Time

If you have a criminal history or there are aggravating circumstances, it is unlikely that your full sentence will be deferred. You could get a shorter jail sentence if you plead guilty.

These plea deals could be beneficial in some situations with strong evidence against you. But you should always listen to the advice of your experienced Galveston battery attorney. He will thoroughly explain your options and guide you in making this critical decision.

## Repeat Assault Or Battery Charges

For a first-time offender, a simple assault or battery charge can often lead to a favorable outcome, and you could even avoid jail time. But the outlook of the court changes if you are a repeat offender. If you have a previous assault or battery record, you will probably have to serve jail time on the second or subsequent offense. Community supervision will likely be revoked if you were on probation for your last charge. If the earlier charge was a felony, the current charge will probably be upgraded, and you will be tried for a second or first-degree felony.

The consequences of repeat assault or battery charges can be dire in Texas. Therefore, it is vital to retain an experienced battery attorney in Galveston as soon as you are charged. Even with an extensive criminal history, an experienced criminal defense attorney is invaluable for preserving liberty.

However, even a first-time assault or battery charge is a serious matter. You could avoid jail time, but a conviction is a serious black mark on your record that can dog you for years. You should always have an experienced defense attorney fighting for you, whether it is your first, second, or subsequent charge.

## Contact Our Galveston Battery Attorney Now

Were you charged with assault or battery in Galveston recently? You face severe consequences if convicted, which could affect your life for years. That is why it is essential to retain an attorney today, and our Galveston battery attorney at Mark Diaz & Associates can provide a robust defense. [Contact our law office](/landing-form/) for a consultation today at (409) 515-6170.

**Categories:** Battery Attorney

**Tags:** aggravated assault, Assault, battery

---

### [How Severe Are Texas Marijuana Laws and Sentences?](https://texascriminaljustice.com/how-severe-are-texas-marijuana-laws-and-sentences/)

**Published:** October 31, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![marijuana laws](https://texascriminaljustice.com/wp-content/uploads/2023/10/Diaz-1-How-Severe-Are-Texas-Marijuana-Laws-And-Sentences_November-2023.jpg "marijuana laws")If you live in or visit Texas, you should know that the police take enforcing the law seriously. When you are charged with drug possession in the Lone Star State, it is a severe situation that requires the specialized legal assistance of an experienced criminal defense attorney. Even a ‘minor’ marijuana possession charge in Texas could lead to jail time, so the first call to make after being arrested should be to our [Texas drug possession defense lawyers](/drug-possession/) at Mark Diaz & Associates – 409-515-6170.

## Overview Of Texas Marijuana Laws

Marijuana possession cases are still being filed in Texas despite increasing decriminalization happening in many parts of the country. As of this writing, you still can be arrested and punished for marijuana possession in Texas. The only type of legal substance use tolerated in the state today is cannabis oil for specific medical issues. Right or wrong, law enforcement agencies in Texas are committed to prosecuting marijuana possession because they view it as a gateway drug to more dangerous illegal substances.

The type and degree of punishment you can get for the charge depend on the quantity of marijuana you allegedly had in your possession:

### Under Two Ounces of Marijuana

The standard for prosecuting someone for marijuana possession is usually whether there was a usable amount of the drug. If the police claim they found a usable amount of marijuana on you, they will likely charge you with less than two ounces of cannabis.

This is a Class B misdemeanor and can be punished by up to six months in jail and a $2,000 fine. Your driver’s license also could be suspended.

### Two To Four Ounces of Marijuana

Possession of two to four ounces of marijuana is a Class A misdemeanor, and you may receive up to one year in jail and a fine of up to $4,000. If you face a Class A misdemeanor, you should immediately call Mark Diaz & Associates and hire an attorney as soon as you can. Here at Mark Diaz & Associates, we will fight the charges against you to the best of our ability – specifically, we will try to get the charges reduced or thrown out.

### Four Ounces to Five Pounds of Marijuana

Possession of this amount of marijuana is a state jail felony in Texas. You could get between 180 days to two years in a state-jail and a possible fine of up to $10,000.

### Five To 50 Pounds of Marijuana

This is a third-degree felony in Texas and is a serious crime. If convicted, you could get between two and 10 years in prison and a possible fine of up to $10,000.

### 50 To 2,000 Pounds of Marijuana

This crime is a second-degree felony and can be punished by two to 20 years in state prison and a possible fine of $10,000.

### More Than 2,000 Pounds of Marijuana

This is a first-degree felony and can be punished by between five and 99 years in prison. The fine can be up to $50,000.

Also, it is illegal to possess drug paraphernalia in Texas. [Texas Health and Safety Code 481.002(17)](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm) states that drug paraphernalia includes that which is used to plant, cultivate, grow, package, store, inject, ingest, or inhale an illegal drug. If you are arrested with drug paraphernalia, you could be facing a possible drug conviction on your record and a possible fine not to exceed $500.

## Can A Marijuana Charge Be Expunged?

This is a critical question for your criminal defense attorney, one Mr. Diaz is well qualified to address. The answer is, sometimes. If the criminal case is correctly handled and you have an outcome where an expunction is an option, you could qualify. You also could qualify for a diversion program in some circumstances, which could offer a way to expunge your record.

## What If You Are Arrested Near a School?

Possessing illegal drugs near a school, including marijuana, is an aggravating factor under the law that can lead to a harsher sentence. A school is a ‘drug-free zone’ under the Texas Health and Safety Code. The Texas Health and Safety Code defines many areas in the community as ‘[drug-free zones](https://www.tdcaa.com/journal/drug-free-zones/),’ including:

- All elementary and middle schools, whether they are public or private
- All junior colleges and professional schools
- Outdoor playgrounds with a minimum of three stations for playing, such as a slide and swing sets
- Video arcades open to those 17 and under
- Public swimming pools

Usually, state law defines a drug-free zone as a place within 1,000 feet of any of the above facilities. But the distance is 300 feet for an arcade or swimming pool. If you are arrested for marijuana possession at or near any of these places, the prosecutor could charge you one step above the normal offense level. This means, for example, that a Class B misdemeanor could be upgraded to a Class A misdemeanor if you are arrested in a drug-free zone.

## Drug Possession or Drug Distribution?

Being charged with drug possession for the first time is usually a misdemeanor, especially if you have a clean record and there is no evidence that you were manufacturing or distributing illegal drugs. However, it is not unusual for certain defendants to be charged with intent to distribute, which is a more severe situation than possession.

How do police and prosecutors distinguish between possession and distribution? There are several things that could be happening. First, if the drug quantity was large, such as several pounds, one could reasonably argue that you probably intended to do more than use it yourself. Second, if the police officer finds $10,000 cash in your trunk as well as a few ounces of cannabis, this could lead to the assumption that you are selling it.

Another situation in which they would charge you with distribution would be if you had small plastic bags and a weight scale which would indicate you intended to split it up and sell it.

When there is a question of possession vs. distribution, it is especially critical to retain a tenacious criminal defense attorney as soon as possible. Overzealous prosecutors could try to convict you for distribution when all you did was possess the drug. But a qualified attorney can fight such an inflated charge to a more reasonable charge.

## How Mark Diaz May Beat Your Texas Marijuana Charge

Attorney Mark Diaz has fought for his clients’ legal rights for years and is adept at beating many drug possession and marijuana charges. While every case is different, there are several ways that Mr. Diaz may attack the charges against you:

- Dispute the evidence: Sometimes, the police or prosecutor may mistake a legal substance, such as hemp, for marijuana.
- Dispute the quantity: If you have been charged with marijuana possession, your attorney can see the evidence. Your attorney may be able to determine that the amount of drug is less than what the prosecutor claimed. If it is less, it is possible that a serious felony charge could become a misdemeanor charge.
- Dispute possession: Texas prosecutors know possession means you have care, custody, and control. It can be difficult to convince a prosecutor that you did not have care, custody, and control, but juries can be receptive to this defense.
- Illegal police stop: Many criminal cases are dropped because the police stop violated the suspect’s constitutional rights. Remember, the police must have a reasonable suspicion to detain or pull you over. Mr. Diaz may be able to show the police lacked a legal basis to stop you.
- Incomplete evidence: A drug possession charge should have physical proof. The case falls apart if the evidence disappears before trial or was not correctly tested.
- Illegal search and seizure: Aggressive police officers may search your vehicle without permission or a warrant, which is against the law. If that happens, your attorney may file a motion to suppress so the evidence can potentially be disregarded.
- Chain of custody issues: It is common for many prosecutions to be derailed because of issues with the evidence chain of custody. If there are any issues with how the evidence was obtained, stored, or moved from place to place, it could be ruled inadmissible in court.

## What To Do If Pulled Over for Marijuana Possession

Most defendants are arrested for possession during traffic stops. It is common for drivers to be pulled over for a minor traffic violation, only to be charged for a drug crime.

The first thing to do is never to drive your vehicle with marijuana inside. Many marijuana charges could be avoided by simply following this rule. Second, be careful what you say to the police. They are on a fishing expedition and are looking for any reason to search your vehicle.

Third, use care with your behavior. If you give any hint that you are using drugs or are nervous, it could be enough for the police to get a warrant to search your vehicle or maybe even establish probable cause to search without a warrant. Lastly, you should say as little as possible to the police and call an attorney as soon as you are arrested.

## Contact Our Texas Drug Possession Defense Lawyers

If you are arrested for marijuana possession, the first step should be to contact an experienced attorney. If convicted, you face serious jail time, and just a first-time offense can result in thousands in fines and other expenses. Our Texas drug possession defense lawyers at Mark Diaz & Associates have a strong record of successfully defending our clients.

[Speak to one of our attorneys today for a legal consultation](/landing-form/) by calling 409-515-6170. Mr. Diaz understands the seriousness of a drug possession charge and has dedicated his life to his clients’ criminal defense. Our attorneys provide clients with their personal cell phone numbers so clients can always get in touch when they have questions.

**Categories:** Drug Possession Defense Lawyer

**Tags:** marijuana laws

---

### [Has There Been An Increase In Gun Violence With Open Carry Laws?](https://texascriminaljustice.com/has-there-been-an-increase-in-gun-violence-with-open-carry-laws/)

**Published:** November 7, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![gun laws](https://texascriminaljustice.com/wp-content/uploads/2023/11/Diaz-2-Has-There-Been-An-Increase-In-Gun-Violence-With-Open-Carry-Laws_November-2023.jpg "gun laws")Texas required gun permits for many years for residents to carry open or concealed firearms. This law was changed recently, and the state has had ‘open carry’ or ‘constitutional carry’ policy for more than a year, meaning that you do not need a permit to carry an open or concealed firearm if you are 21 or over. While gun enthusiasts welcomed the new law, many argue that the new, more liberal gun laws make gun violence more common.

This blog post discusses Texas gun laws and whether there has been more gun violence with Texas’ open carry laws. Whether there is more gun violence or not, there is no doubt you face a serious situation if you were recently charged with a gun crime. You should retain a [Galveston County criminal defense attorney](/federal-criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170.

## Who Can Purchase And Carry Guns in Texas?

In 2021, [Texas became one of 25 states](https://abcnews.go.com/US/texas-gun-laws-after-allen-mall-mass-shooting/story?id=99179228) that has an open carry law, meaning that there is no permit or registration required to carry a firearm open or concealed. To carry a handgun legally without a license, either open or concealed, you must meet the following requirements:

- Be at least 21 (however, a [recent court decision](https://www.courtlistener.com/docket/60871132/andrews-v-mccraw/) could allow those between 18 and 20 to carry)
- Not have a previous felony conviction as noted in Section 46.04
- Not have a recent conviction for certain misdemeanors
- Not have an unexpired protective order against them
- Not be restricted from carrying a gun under federal law
- Not be under the influence

Those who carry a handgun in public partially or entirely visible, must have it in a holster. Before the law was changed to [open carry in 2021](), the law stated that people must have a license to carry a handgun and have it in a belt or shoulder holster.

While the new law allows many people to carry guns without permits, citizens cannot carry firearms everywhere. The law states that firearms are still restricted in correctional facilities, schools, secured parts of airports, and other areas [listed in HB 1927](https://capitol.texas.gov/tlodocs/87R/billtext/html/HB01927F.htm).

Also, private businesses and private property owners may restrict firearms. Texas law allows property owners to decide if they will allow guns. If guns are banned, this should be indicated with a sign or similar notice.

The new open carry law did not do away with the [concealed carry permit program](https://faq.sll.texas.gov/questions/45479). Texans who want to get a license can still do so. This could be beneficial because the permit could be used to carry open or concealed in states that have a reciprocity agreement with Texas.

## Are Texas Gun Laws Leading To More Gun Violence?

Opinions are mixed in the state and nationwide on whether the open carry law has worsened gun violence and other crimes. For example, the [Harvard Law and Policy Review](https://www.harvardlpr.com/2016/09/29/open-carry-is-not-a-solution-problems-with-texas-new-gun-law/) recently found that carrying firearms in open view is not a deterrent to the increase in gun crimes. The study found no evidence that increasing access to guns has a positive effect on crime rates or crime incidents.

The study took pro-gun advocates to task for frequent claims that more guns mean less crime. It also cited a [National Institutes of Health](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3828709/) study from 2013 that examined violent gun crime rates over 30 years, finding a correlation between gun ownership and gun violence.

On the other hand, Texas Lt. Governor Dan Patrick has claimed many times in recent years that there are fewer crimes in places where guns are carried. He pointed to a study that allegedly showed that where states have an open carry law, crime has decreased by 25%. Patrick said the crime rates that fell included murders.

### Conflicting Gun Violence Studies

However, [an article in PolitiFact recently looked at conflicting gun violence studies](https://www.politifact.com/factchecks/2016/jan/03/dan-patrick/texas-lt-gov-dan-patrick-claims-states-where-peopl/) and whether the presence of more guns means less crime. The website referred to a gun crime study by Texas A&M, which examined crime rates in Florida, Texas, Michigan, and Pennsylvania beginning in 1998. These were the only stats with 10 years of data after passing concealed carry laws.

All states in the study saw more carry permits because of law changes. However, trends in crimes varied by state. For instance, rape and burglary crimes fell in all four from 1998 to 2010. Murders also fell in Michigan and Texas in that period. But aggravated assault, larceny, and robbery increased in Pennsylvania and Michigan, and murders rose in Pennsylvania and Florida.

There are other signs in Texas that the open carry law in the state has not led to a particular increase in gun crime. Still, there are worries that various jurisdictions treat the open carry law inconsistently, which could cause certain parties to be unfairly charged with gun crimes. If you were arrested for carrying a firearm and you think you were within the law, you should retain Mr. Diaz as your Galveston County criminal defense attorney today.

## Texas Gun Crime Laws And Charges

Texas is regarded as a pro-gun state, but there are many gun laws that, if violated, can land you in hot water. Some of the most common gun charges in the state include:

### Unlawful Firearm Possession

Texas Penal Code Section 46.04 states that it is illegal to own a gun if you were convicted of a felony and have not been out of prison or community supervision for at least five years. Be cautious, however, after five years you may only possess a firearm in your own home, NOT in public or in a vehicle.

You also cannot own a gun if you have a restraining or protective order against you or were convicted of domestic violence. This is usually a Class A misdemeanor, but possession by a felon can be a third-degree felony.

### Unlawful Possession In A Gun-Free Zone

Despite the state’s new open carry law, it is usually illegal to carry a gun in a school, school buses, government agencies, election polling stations, and places where there are school activities. Violating this law is a third-degree felony.

### Illegal Discharge Of A Firearm

A gun should only be fired in a legal circumstance. For example, it is usually legal to discharge a firearm on a gun range, in self-defense, or while hunting. However, firing a gun outside these circumstances could result in a gun charge. For example, if you fire a weapon in a residential neighborhood, it may be charged as a crime. It also is illegal to point a firearm at another person unless you are in imminent danger.

### Illegal Gun Sales And Transfer

You are guilty of this offense if a gun is sold or given to someone who plans to use it illegally. The law also makes it illegal to sell guns to those under 18, anyone who is intoxicated, or most convicted felons. Transferring a weapon illegally is usually a Class A misdemeanor but can be a state jail felony if it is a handgun.

## Texas Gun Crime Defenses

Texas gun laws are generally less restrictive than many states. But if you are convicted of a gun crime, you face severe penalties, including a potentially long jail or prison sentence. But, with the help of Mark Diaz & Associates, you can build a strong defense to the gun crime charge, including these popular defenses:

### Self-Defense

Self-defense is justified to protect yourself against another person’s illegal use of force. You also are allowed under Texas law to use justifiable force to defend others and to protect property.

### Lack Of Intent To Carry

This is a potential argument against reckless or unlawful carry charges, especially if you are charged with carrying a firearm into a restricted area, such as a school. Your attorney could argue that you did not intend to carry the gun into the restricted area, potentially forgetting that you had it.

### Lawful Possession

This can be a strong defense if your possession, purchase, or carry was within state law. With the recent changes to a constitutional carry system without permits, it is common for gun charges to be filed against people who did not break the law. Unfortunately, there are cases where the law may be enforced incorrectly in some jurisdictions.

### Lack Of Evidence

This defense means there is insufficient evidence and a lack of proof that the person committed a gun crime.

### Illegal Search And Seizure

If the police search you or your vehicle without probable cause, your attorney may argue that the evidence should be suppressed, possibly throwing the case out.

## Steps If You Are Arrested On A Gun Charge

After a gun charge and arrest, your actions and words can significantly influence the case outcome. First, you should always cooperate with the police and never resist arrest. Second, always exercise your right to remain silent because anything you say will likely be twisted and used against you. You should also contact Mr. Diaz as soon as possible to represent you. But if you do not have an attorney when you are arraigned, always plead not guilty.

## Contact Our Galveston County Criminal Defense Attorney Mark Diaz

Gun charges in Texas are serious, and with the new open carry, no permit law, you could be unfairly charged. If you are accused of a gun crime, our Galveston County criminal defense attorney Mark Diaz will offer the best defense possible. You can [talk to Mr. Diaz today about your case](/landing-form/) by calling 409-515-6170. Mr. Diaz has fought passionately for his clients’ rights for years and will work tirelessly on your behalf.

**Categories:** Criminal Defense Lawyers

**Tags:** gun laws

---

### [How The Texas Three Strikes Law Can Impact Your Sentence](https://texascriminaljustice.com/how-the-texas-three-strikes-law-can-impact-your-sentence/)

**Published:** November 13, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas three strikes](https://texascriminaljustice.com/wp-content/uploads/2023/11/Diaz-3-How-The-Texas-Three-Strikes-Law-Can-Impact-Your-Sentence_November-2023.jpg "Texas three strikes")In all states, a person charged with a crime usually faces tougher punishments when a person has a previous felony conviction. The theory behind this thinking is that the person did not learn their lesson the last time, and they are more likely to re-offend. These statutes are often called ‘three strikes’ laws, taking their name from American baseball, implying that a three-time offender faces a lengthy prison sentence, even life.

While no law in Texas is called the ‘[three strikes law](https://laws.com/3-strikes-law/),’ there are statutes that allow for more serious penalties for subsequent felony convictions. If you have been convicted of felonies before and face a new charge, you should understand the potential severe consequences. Also, you should retain an experienced [League City criminal defense lawyer](/) at Mark Diaz & Associates to defend you against these serious charges.

Mr. Diaz has defended the rights of his clients for over 18 years and focuses his practice only on criminal defense. He prides himself on his ability to respond promptly to the needs and concerns of his clients. If you retain him as your attorney, you will have his personal cell phone number, and he will be available to address your questions and concerns at any time. Your freedom and the rest of your life are on the line, so call (409) 515-6170 for a consultation today.

## Which Felony Convictions Are A ‘Strike’ In Texas?

The three-strike guidelines in Texas apply to individuals who have been convicted of a felony and sentenced to prison before. Examples of felonies that can land you in prison are:

- Robbery
- Burglary
- Murder
- Kidnapping
- Child molestation
- Use of a weapon during a crime
- Crimes involving explosions
- Crimes leading to great bodily harm
- Rape
- Arson

If you have been in prison for previous felonies, the three strikes statute increases the minimum prison term for your second, third, or subsequent offense. Depending on the circumstances, you could receive a sentence of 25 years, 99 years, or life.

The first strike against you would be your first stint in prison for a felony, regardless of the sentence details. For example, it does not matter if you received the minimum sentence rather than the maximum. However, the second and third offenses with the Texas three-strike rules are where it can affect the sentence:

## Strike #2

If you receive a second felony conviction, the potential punishment range will be increased according to the following:

- If the second case is a first-degree felony, the mandatory minimum sentence will rise from five to 15 years. But the court could still order you to life in prison or 99 years, essentially the same.
- If the second case is a second-degree felony, the mandatory minimum sentence increases from two to five years. The maximum 20-year range is increased up to 99 years or a life sentence.
- If the second case is a third-degree felony, you still have a minimum sentence of two-years, but the maximum could be up to 20 years.
- If the second offense is a state jail felony, you could get two to 10 years in prison.

## Strike #3

You will see even more severe increases in prison time if you get strike #3. Other than a state jail felony, any third felony charge will significantly increase the potential punishment. When you have been to prison twice, your third trip could be 25 years to 99 years or life. If your two earlier strikes were state jail felonies, strike #3 will be treated as a second-degree felony.

## The Reality Of The Texas 3-Strike Rules

The critical takeaway from this article is that how severe the felony is does not matter for strikes #1, #2, and #3 (unless it is a state jail felony). Even if you were convicted the first two times for more serious felonies, a third felony conviction of any type can put you in prison for life. The judge must also comply with the three strikes law, but they have some discretion when determining the advisory range. So, if your mandatory minimum sentence is increased for subsequent felony convictions, the judge cannot sentence you to less than 25 years.

## What To Look For In A League City Criminal Defense Attorney

This blog post should make you understand how serious things are if you are subject to the three-strikes law. You could easily be put away for many years for a third offense, especially if you do not have an experienced criminal defense attorney in your corner. So, who you choose as your attorney is a vital decision. Some tips to consider are:

- Only hire an experienced criminal defense attorney, ideally one who has obtained satisfactory results for defendants subject to the habitual offender statute.
- Ensure that your attorney has plenty of experience in court as primary defense counsel and not just a supporting role. You also should hire a lawyer who has handled serious felonies.
- Find a lawyer who once worked as a state or county prosecutor if you can. Attorneys who once prosecuted cases have critical skills when they enter private practice. They understand how prosecutors think and approach felony cases.

## Other Things To Remember About Felony Convictions In Texas

Now that you understand the basics of the three-strikes law, we will review some additional details. First, when considering the potential punishment range, you should remember that the judge could order anything in the parameters when sentencing you. The lowest figure is the mandatory minimum, so the judge must at least sentence that amount. But the judge has discretion when issuing a sentence up to the maximum, so many things can affect your ultimate sentence.

Second, the three-strikes law does not alter the nature of the charge you face. If you got convicted of a second-degree arson felony, it will not be elevated to a more severe felony because you were convicted before. How you are treated when sentenced for your second or third conviction is critical.

## Potential Defenses Against A Habitual Offender Designation

The best way to fight a habitual offender designation and a longer prison term is to be found not guilty of the current charge. If you are not convicted, you can avoid the devastation of that third strike. Some defenses that Mark Diaz may use to fight your current charge are:

- Filing a motion to suppress evidence that was obtained unconstitutionally. For example, if the police recovered guns and drugs from your car and did not have probable cause, the evidence could be inadmissible.
- Showing reasonable doubt to the jury.
- Showing how the prosecutor’s case is inconsistent.
- Challenging the testimony of the prosecutor’s witnesses.
- Calling witnesses to testify in your favor.
- Proving that the criminal charges against you are false.

Even if you are convicted, there still is a chance with the help of your attorney to avoid the most severe sentence. Texas judges have a certain amount of discretion on sentences. Because of problems with funding and overcrowding, you could receive less of a sentence than you could have. If you have an experienced attorney fighting for you, he can argue for why you should receive a sentence on the lower end.

There also are other options for resolving certain criminal charges that could be useful to reduce the possible penalties of the three-strikes law. If your attorney succeeds in getting evidence suppressed, plea bargaining could be possible. The prosecutor’s case could be damaged if the evidence is thrown out, and the government might be more willing to plea bargain than lose the case in court. When facing a three-strikes scenario, the best legal strategy would be to plead the case from a felony to a misdemeanor. Depending on the situation, attorney Mark Diaz might recommend the following:

- Pretrial diversion. This means you plead guilty to the charge, but they are dropped when you complete a program similar to probation. But pretrial diversion means keeping your nose clean and staying out of trouble, or you can face a lengthy prison sentence for a third strike.
- Drug court. This possibility focuses on treatment and not punishment for substance abuse.

## Contact Our Texas League City Criminal Defense Lawyers

When you know that you could receive a double, triple, or life sentence for a subsequent felony conviction, you understand just how critical it is to have the best criminal defense attorney. It is essential to have a skilled litigator working for you when facing the consequences of three strikes.

Once you have one or two felony convictions, your attorney will need to defend against the current allegations and minimize the consequences of the three-strikes statute. While the judge must apply the three-strikes rule, they have some leeway when issuing a sentence in the increased range. Your attorney must present a strong argument for the most lenient sentence, so choose your attorney wisely.

Our highly regarded League City criminal defense lawyer at Mark Diaz & Associates can offer the best defense if you are facing habitual offender consequences. [Set up a legal consultation](/landing-form/) today by calling (409) 515-6170. Mr. Diaz has dedicated his practice to standing up for the rights of those charged with crimes in League City and the surrounding community.

**Categories:** Criminal Defense Lawyer

**Tags:** three strikes law

---

### [What Is the Mutual Combat Law in Texas?](https://texascriminaljustice.com/what-is-the-mutual-combat-law-in-texas/)

**Published:** November 20, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![mutual combat](https://texascriminaljustice.com/wp-content/uploads/2023/11/Diaz-4-What-Is-The-Mutual-Combat-Law-In-Texas-_November-2023.jpg "mutual combat")In some ways, Texas has had a reputation in the past as the Wild West. If you have ever wondered if two parties in the state can fight without worrying about the legal consequences, the answer is yes. Texas is only one of two states (Washington state being the other) where mutual combat can be an affirmative offense in specific assault cases.

Learn more about the Texas mutual combat law below, and retain our [Galveston assault lawyer ](/assault-and-battery/)Mark Diaz if you have been charged with a crime in the incident. Mr. Diaz has over 18 years of experience representing defendants in Texas, and his law office has resolved more than 8,000 cases. He can be reached by calling 409-515-6170.

## What Is the Texas Mutual Combat Law?

Most people know that it is against the law to punch or otherwise assault someone. But did you know that the [Texas mutual combat law](https://www.star-telegram.com/news/local/crime/article271416622.html) allows, in certain situations, for two parties to fight and injure one another without legal consequences, to a certain degree?

The law behind certain mutual combat being allowed is [Texas Penal Code 22.06](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm). The law states that a party charged with assault can argue that the alleged victim consented to the fight. This defense may apply in the following circumstances:

- The fight did not result in serious bodily injury
- The alleged victim was aware of the risks but consented

Consent does not have to be overtly verbal; all that is required under the law is that you had a reasonable belief that consent was given. However, you must prove as the defendant that [consent was reached](https://www.expressnews.com/news/texas/article/Mutual-combat-legal-Texas-17650899.php) before the incident. Your Texas criminal defense attorney will review the case evidence to determine if consent can be proven.

## What Does Mutual Combat Look Like in Reality?

There are many scenarios where the affirmative defense of mutual combat could be relevant. For example, suppose you argue with someone in a bar, and the argument gets physical. Both of you stand up, and you both agree to go outside to physically fight so you can settle the matter. You both go outside and start fighting, but no one is seriously hurt. This scenario would likely qualify for the mutual combat affirmative defense.

However, this affirmative defense does not apply if you and your friend start a fight club in your basement, you punch him, and break several bones in his face. He agreed to fight you, but the fight caused serious bodily injury. Or, if you and the other person consented to fight and you started kicking him when he was down and could not defend himself, you could be charged with assault or aggravated assault.

You also cannot use this defense if you yell ‘mutual combat’ and start a fight with another person. Remember, consent must be proven for the mutual combat defense to be effective. It does not need to be verbal, only that you reasonably believe the other party consented. In many cases, consent is proven by the other person’s actions before the fight.

## Texas Assault Charges

In limited situations, the mutual combat law in Texas can be an effective defense against criminal prosecution. But in many cases, the defense does not apply, and you could be charged with assault. If that happens, you need an excellent criminal defense attorney.

Under Texas law, assault involves three actions in one form or another. What separates the degree of assault charged is on whom the assault was done, the context of the assault, and whether a deadly weapon was used. All non-sexual types of assault will be included in those three actions.

If you are charged with any of these actions, it might seem like a minor case, especially with minimal bodily harm. But state prosecutors are known for bringing excessive charges against a defendant to increase their leverage. For example, it is possible for a Class A misdemeanor assault charge to be turned into a third-degree felony charge to encourage the defendant to take a plea deal.

### Class C Misdemeanor Assault

This type of assault does not typically cause injury or harm. This crime would include physically touching the victim in a way that you know is provocative or offensive, or making a threat of physical harm. You could get a $500 fine, but no jail time if you are convicted.

### Class B Misdemeanor Assault

If someone not participating in a sporting event physically provokes a player, it is a Class B misdemeanor. This crime also can be charged if the victim is a referee, umpire, or coach. This law was written to address crimes when a sports participant participates in a game and the defendant attacks them. The maximum penalty for this type of assault is six months behind bars and a $2,000 fine.

### Class A Misdemeanor Assault

Assault that causes physical injury is at least a Class A misdemeanor. If you are accused of accidentally offending or provoking an elderly person or disabled person, it also is a Class A offense. The maximum penalty is a year in jail and a $4,000 fine.

### Third-Degree Felony Assault

It will be a Class A misdemeanor if you intentionally harm another person. But it is a felony if the victim is a certain party. For example, if you cause harm to a family member, dating partner, spouse, or roommate, and you have a prior conviction for assaulting a family member, dating partner, spouse, or roommate, in the past, then you could face a felony charge. If you are accused of strangulation or impeding the breath of another (basically, you are accused of choking someone), then you could be facing a third-degree felony. Other assaulted parties that could result in a third-degree felony are:

- Public servants
- Government employees
- Security officers in the course of their duties
- Firefighters and medical technicians

The maximum penalty for a third-degree felony is two to 10 years in prison and up to a $10,000 fine.

## What Is the Difference Between Assault and Aggravated Assault in Texas?

The type of assault described so far is assault. Assault requires you to cause harm to someone else intentionally or by using offensive contact, or even just a threat of harm. Penalties for assault are lighter than those for more serious crimes, such as aggravated assault.

Aggravated assault involves the same actions as regular assault, but severe bodily harm, or a deadly weapon was used. In these cases, aggravated assault is a second-degree felony. Also, who the crime is committed against will affect the level of felony charged.

### Second-Degree Felony Assault

An aggravated felony charge is always at least a second-degree felony. It also includes a Class C misdemeanor where a deadly weapon was used. So, if you ‘only’ threaten someone and are armed, you could be charged with a serious felony. The maximum penalty for a second-degree felony is two to 20 years in prison and a maximum $10,000 fine.

### First-Degree Felony Assault

This is the most severe felony assault charge in the state and just one step below a capital offense. Aggravated assault can become a first-degree felony if it is done against someone in your family, someone you dated, or a resident of your household. You also could be charged with this felony if you committed assault before.

A first-degree assault charge may be appropriate if the crime is committed against a public servant on duty or a witness to a crime. It also may be charged if the victim was an on-duty security officer.

## Can You Beat an Assault Charge in Texas?

Even if the mutual combat law does not apply, there are many other potential assault defenses that attorney Mark Diaz could use. Some of the most common and effective defenses are:

### Self-Defense

People in Texas have a right to defend themselves if it is warranted to do so given the circumstances. So, this can be an effective way to fight an assault charge. If you can show that there was a threat against you and you defended yourself in a reasonable manner, then while you may have technically assaulted someone, your conduct would be legally justifiable under the law. All this being said, keep in mind that your self-defense claim cannot go beyond the harm that was threatened against you. For example, if someone threatened to punch you and you stabbed them with a knife, self-defense would not apply.

### Defending Others

If you were acting in defense of others who were threatened, you could beat the assault charge. You also may have the right to stop someone in the process of committing a crime.

### Defense Of Property

Unlike many states, you may use force to defend property, if it is reasonable. For example, if someone is stealing your car, you could be justified in physically stopping them from doing so. This is commonly known as the ‘Stand Your Ground’ law, which states that using force, when reasonable, can be used to defend property.

An experienced and skilled criminal defense attorney may be able to use other defenses to beat the charge. They also may negotiate with the prosecutor if the evidence is weak, possibly leading to a reduced or dismissed charge.

## Call Our Galveston Assault Lawyer Today

If you have been charged with assault, the prosecutor has to prove you are guilty beyond a reasonable doubt, and many potential defenses are possible. If you can show that the Texas mutual combat law applies, you could have a better case outcome and may even have the charge dismissed.

However, using the mutual combat defense effectively requires the skills of a serious, experienced criminal defense attorney. Call our Galveston assault lawyer at [Mark Diaz & Associates](/landing-form/) for a free legal consultation at 409-515-6170.

**Categories:** Assault Lawyer

**Tags:** assault &amp; battery

---

### [What You Need To Know About New Texas Gun Laws](https://texascriminaljustice.com/what-you-need-to-know-about-new-texas-gun-laws/)

**Published:** December 5, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![gun control laws](https://texascriminaljustice.com/wp-content/uploads/2023/12/Diaz-1-What-You-Need-To-Know-About-New-Texas-Gun-Laws_December-2023.jpg "gun control laws")Texas has a long history with firearms, and it is generally known as a pro-gun state. If you live in or visit Texas, you should be aware of several gun law changes as of 2023. Knowing other aspects of Texas gun laws is also helpful so you do not unknowingly violate them.

If you have questions about gun laws in Texas, our[ Galveston criminal defense lawyers](/) at Mark Diaz & Associates can address them. They also have an impressive record defending Texans against a variety of criminal charges, including homicide, drug possession, drug trafficking, and assault and battery.

## Who Has Permission To Carry Firearms In Texas?

Texas gun regulations regarding the carrying of firearms have changed considerably recently. In 2021, [HB 1927](https://capitol.texas.gov/tlodocs/87R/billtext/html/HB01927E.htm) was signed by the governor, which allowed Texans to carry handguns without a permit or license. Before this change, Texans had to obtain a license to carry a handgun openly or concealed.

However, there still are restrictions on where handguns can be carried. You also need to be 21 to carry a handgun in public. There are restrictions on where guns can be carried openly or concealed, such as in bars, schools, and voting stations.

## How To Carry A Gun Legally In Texas

In Texas, current laws regarding carrying a gun vary based on whether it is a handgun or a long gun, such as a shotgun or rifle. If you have a handgun, you must carry it in a holster, open or concealed. There is no specific requirement about the type of holster. Before 2021, when you had to have a handgun license, the gun had to be in a belt or shoulder holster. With the new law, you no longer need a license; the only requirement is that the handgun is in a holster.

Carrying a long gun is not specified in Texas law, but specific individuals are barred from possessing or owning firearms by law. Also, disorderly conduct laws deal with how guns can be shown in public. Flaunting a gun publicly in a way that alarms others is a crime.

## Other Texas Gun Laws

According to [Texas Penal Code Section 46.02](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm), if you keep a pistol in your car, it must be hidden. If you do not have it in a holster, it should be in a case, glove compartment, or lockable console in the vehicle’s center.

Chapter 46 also has laws on illegally carrying firearms, including shotguns, rifles, and other firearms that are not handguns. It also mentions crimes involving certain people possessing weapons, such as convicted felons and those who were found guilty of family violence.

Furthermore, Texas Penal Code Section 46.03 mentions places where carrying a gun is prohibited. These places include racetracks, schools, hospitals, and nursing homes.

Texas Penal Code Section 46.035 mentions various situations where carrying handguns is banned, including correctional facilities. Remember that it is your responsibility to know where and how to carry guns in Texas. If you violate the law, you could be charged with a crime.

There also are other new gun laws in Texas that took effect on [Sept. 1, 2023](https://www.nraila.org/articles/20230831/three-nra-backed-bills-take-effect-on-september-1-in-texas). They are;

### House Bill 2837

This law prevents financial institutions and agents from requiring gun deals to use a merchant category code (MCC) specific to gun purchases instead of a general merchandise code. This law protects the privacy of legal gun purchasers by preventing payment processing systems from gathering this data that could be used later to disclose firearms transactions.

### House Bill 1760

House Bill 1760 limits restrictions on gun possession under [Texas Penal Code Section 46.03](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm) to actual properties owned by and under the control of schools or places where high school or collegiate activities are occurring. Without this vital clarification, gun-free zones could be designated anytime students are engaging in educational activities off-campus.

### House Bill 3137

Expands the Texas firearms preemption law to outlaw counties and municipalities from forcing gun owners to buy liability insurance. This law prevents California-style regulations from being imposed on the people of Texas.

## FAQs About Texas Gun Laws

Our criminal defense attorneys in Galveston receive many questions about Texas gun laws. Here are some of the most common:

### What Is The New Gun Law That Passed In 2023?

There was a recent measure passed by the Texas Senate that would change the law that allowed firearms sales to those between 16 and 18 who were unintentionally placed in a mental health facility. Some involuntary mental hospitalizations that had to be reported to the Texas Department of Public Safety (DPS) were misreported in some cases. This is significant because once the information was sent to DPS, it was forwarded to the FBI’s federal gun background check system.

### Can You Carry A Gun In Texas Without A License?

In September 2021, Texas passed a law allowing residents at least 21 to meet several requirements to carry a handgun without a license. This is known commonly as Constitutional Carry and became effective on Sept. 1, 2021. There are exceptions to the law, such as where guns cannot be carried. Being familiar with these details is essential before you carry a handgun without a license.

### Do I Have To Tell The Police I Have A Gun In My Car?

If a police officer stops you, you are not required to tell them that you have a firearm in your car. However, if the police ask whether you have weapons in the car, you must tell them. If you do not, you could be criminally charged.

### Who Cannot Possess Or Carry A Gun In Texas?

Under federal law, you cannot possess or own a gun if you have a felony conviction or a misdemeanor domestic violence conviction. You also cannot have a gun if you have a severe mental condition or have an active protective order against you.

Under Texas law, If you were convicted of a felony, you may not possess a gun until five years after you finish your sentence, supervision, or probation. At that point, you can only own a gun in your home. If you have a conviction for assault for specific domestic violence crimes, you cannot possess a gun for five years after finishing your sentence, supervision, or probation.

### Can I Carry My Rifle In Texas?

Texas law does not prohibit someone from carrying a rifle or shotgun. However, the law does ban displaying or carrying the firearm in a way that intimidates others, such as brandishing it. But if federal or state law prohibits you from possessing a gun, you may not carry a long gun.

### Where Is It Illegal To Carry A Gun In Texas?

You can legally carry a gun without a permit in many places in Texas, but there are certain places where guns are prohibited. They include schools, school buses, school activities, prisons, courthouses, polling locations, hospitals, and nursing homes.

### What Ammo Is Legal In Texas For My Handgun?

The only ammunition that is regulated is armor-piercing ammunition for handguns. So, they are legal if you have hollow point or full metal jacket ammo in Texas. Generally, if you can buy the ammunition at a sporting goods store in the state, it is legal to have it in your handgun.

### Does Texas Have The Castle Doctrine?

Yes. The Castle Doctrine states that all residents of homes and dwellings can use deadly force to protect themselves from illegal or forced intrusion. So, if someone breaks through your front door, you have the right to use a firearm against them.

### Types Of Gun Charges In Texas

If you violated any of the gun laws mentioned earlier, you could be charged with a Texas gun crime. The most common gun-related offenses in the state are unlawful possession of a firearm and criminal possession of a firearm. You could be charged with illegal possession of a firearm in the following situations:

- You are under 21 years of age
- You have been convicted of an offense that bans you from possessing a firearm
- You carried a firearm while you were intoxicated

If you are charged with unlawfully carrying a gun in Texas, you could be charged with a Class A misdemeanor. If convicted, you could get up to a year in jail and a fine of up to $4,000. However, in some situations, unlawful possession of a gun could be a third-degree felony. For example, carrying a firearm in a business that serves alcohol is a third-degree felony.

A first-time gun charge is often a Class A misdemeanor, which could result in a year in jail. However, with the help of Mark Diaz & Associates, it is possible to get a dismissal or decreased charge and penalties.

## Speak To Our Galveston Criminal Defense Lawyers Now

If you have a firearms violation in Texas, you face serious consequences. You will need a highly skilled attorney who knows how to handle complicated criminal cases and who knows how to protect your rights. Our Galveston criminal defense lawyers at Mark Diaz & Associates will provide the best defense for your charges. Speak to one of our criminal defense attorneys today at (409) 515-6170. The i[nitial consultation is free and completely confidential.](/landing-form/)

**Categories:** Criminal Defense Lawyer

**Tags:** gun laws

---

### [8 Ways A DWI In Texas Can Impact Your Life](https://texascriminaljustice.com/8-ways-a-dwi-in-texas-can-impact-your-life/)

**Published:** December 12, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2023/12/Diaz-2-5-Ways-A-DWI-In-Texas-Can-Impact-Your-Life_December-2023.jpg "DWI")Getting a DWI conviction in Texas carries severe criminal penalties. You can receive jail time, heavy fines, and lose your driver’s license. There are also other ways a DWI can impact your life that are outlined below.

If you have been charged recently with drunk driving, you need experienced [Galveston County DWI lawyers](/dwi-charges/) defending you today. Mark Diaz & Associates has a track record of successfully defending Texans against serious criminal charges, including drunk driving.

## Texas Drunk Driving Penalties Are Severe

The first thing to know about how a DWI can affect your life is that Texas has serious criminal penalties if you are convicted. A first-time offender is usually charged with a [Class B misdemeanor](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm). You can receive 180 days in jail, up to a $2,000 fine, and have your license suspended for a year. A second offense can get you a year in jail, a fine of up to $4,000, and loss of your license for two years.

If this is your third DWI offense, the penalties are more severe: a $10,000 fine, from 2 to 10 years in prison, and a two-year license suspension. You would also have to pay a yearly driver’s license reinstatement fee.

There also are situations where the prosecutor may seek enhanced DWI charges against you. Suppose you had a child passenger in the back seat when you were arrested for DWI. In that case, you could be charged with a state jail felony, which could put you in prison for 6 months up to two years, plus a maximum $10,000 fine.

State prosecutors also can pursue an enhanced charge if evidence shows your blood alcohol content (BAC) was .15% or higher. In this situation, you could be charged with a Class A misdemeanor.

## Other Impacts Of A Texas DWI

As if jail time, license suspension, and fines are not enough, you face other impacts with a DWI conviction. They include:

### Employment

If you get a DWI conviction, you could be fired. If you have to go to jail, you could miss too many days and be terminated. Also, many employers do not want people convicted to work for them. This is even more common for people employed in education, government, or other places where one’s morals are under scrutiny.

If you lose your job, it means losing your income and way of supporting yourself. A DWI conviction on your record will also make it challenging to obtain new employment. You could find that after years of building your career, it all comes crashing down with a DWI conviction. In some cases, professional employees with years of experience cannot even get a minimum-wage job. Retaining an experienced DWI attorney as soon as you have been charged is essential.

### Professional Licenses

Another way a Texas DWI can impact your life is trouble with applying for or keeping a professional license. Many well-paying jobs require one, and yours could be at risk. These positions include doctors, nurses, teachers, lawyers, nurse practitioners, physician assistants, commercial truck drivers, real estate agents and brokers, dentists, engineers, pharmacists, and veterinarians.

If you get a DWI, your professional license could be suspended or revoked, and it could be challenging or impossible to reinstate. For example, if you have a commercial driver’s license (CDL), you can lose your license for a year for a first-time offense. It does not matter if you were driving your personal vehicle, either. When the suspension is over, it can be more difficult to obtain employment with other trucking companies.

### Child Custody

When a Texas court decides about child custody, it will consider the child’s best interests. The court must consider if the child will be safe with that parent. As part of this process, the court will review each parent’s criminal history, including DWIs. Having a DWI conviction on your record does not always mean you will lose custody, but it can be considered.

Also, a DWI conviction could suggest that a parent has a problem with addiction to drugs or alcohol. The court will carefully consider if you have an addiction and whether it is a danger to the child. Having a DWI at least raises the question of addiction.

To make sure this does not affect the child custody decision, you may need to show that you have received treatment for drug or alcohol abuse. Having evidence of ongoing addiction treatment and being sober for a significant period can reduce the court’s concerns.

### Security Clearances

Do you work for the government and have a security clearance? A security clearance requires a detailed background check to reveal any criminal convictions. A DWI conviction can make obtaining or keeping a security clearance more difficult.

However, not every security clearance will be affected by a DWI. It depends on the job type and the requirements for that clearance. But having any conviction on your record will make the process take longer, and you will need to explain the DWI. If you have questions about a security clearance, your DWI attorney at Mark Diaz & Associates can discuss it with you.

### Housing

It can be more challenging to obtain housing if you have a criminal history. Many landlords run background checks on their renters and will hesitate to lease to someone with a DWI. You still may be able to find a decent place to live, but it may require more time. You also could be required to put more money down to move in. If you receive public housing assistance, a DWI can complicate that, too.

### Loans

Being convicted of any crime can make it more challenging to get a loan, such as from a bank, mortgage company, or car dealership. Those who give out loans are most interested in ensuring they will be paid back. You are automatically considered a higher risk if you have any criminal history.

A car loan can be especially tricky for someone with a DWI conviction. Car loans usually use the vehicle as collateral, and a person with a DWI is a higher risk to the vehicle. If you can get a car loan with a DWI, you might have to pay a higher interest rate.

Also, buying a house with a DWI on your record can be more challenging. The lender will probably check your criminal history, and the underwriting process will be more difficult when they see the DWI.

### Firearms

Under US law, people who were convicted of a felony lose their right to own a gun. So, even if you already own guns, it could be illegal for you to possess them if you get a felony DWI conviction.

### Voting

Getting a misdemeanor DWI will not affect your right to vote. But a felony conviction will suspend your voting rights. You do not get them back until you have completed your sentence, probation, or parole or receive a pardon. Losing this constitutional right is essential to many interested in how the country and state are governed. You can eventually get your voting rights back, but you must understand how long it will take.

## You Can Be Charged With Drunk Driving Under .08% BAC

Many people believe that you can only be arrested for DWI in Texas if your BAC is .08% or higher. Texas law indeed says you are legally intoxicated at .08%. But the police can handcuff you if they think you are too impaired to drive, regardless of what your BAC is. So, you can be arrested and charged with drunk driving even if you only had a drink or two if the police think you are impaired.

The Texas Penal Code states that a person is drunk if they lack their ‘[normal use of mental or physical faculties](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm)’ because of drug or alcohol use. Remember, DWI charges also apply to drug use, so you can be arrested for being under the influence of your prescription medication, marijuana, or cocaine.

However, just because you drank and drove, it does not mean you automatically broke the law. If you are not impaired, there is nothing wrong with driving home after having a glass of wine with friends. Many people in Texas are wrongly accused of DWI simply because they have the smell of alcohol on their breath. Call our Galveston County DWI lawyers at Mark Diaz & Associates to defend you if this happens to you.

## Contact Our Galveston County DWI Lawyers

Some people mistakenly believe that a first-time DWI charge is a small matter. But even if you avoid jail, there will be many negative impacts on your life for years if convicted. You face jail time, fines, difficulty with employment, and a permanent criminal record. So, if you have been charged with drunk driving, do not delay acting.

Speak to our Galveston County DWI lawyers at [Mark Diaz & Associates](/landing-form/) today at (409) 515-6170. While DWI is a serious charge, there are many strategies to defend you. For example, police often make mistakes during the arrest that can be used to get the case thrown out. Whatever defense is best in your situation, Attorney Diaz will work tirelessly for you to get the best possible case outcome.

**Categories:** DWI Lawyer

**Tags:** DWI

---

### [Why You Should Retain A Lawyer For Drug Paraphernalia Charges](https://texascriminaljustice.com/why-you-should-retain-a-lawyer-for-drug-paraphernalia-charges/)

**Published:** December 19, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug paraphernalia](https://texascriminaljustice.com/wp-content/uploads/2023/12/Diaz-3-Why-You-Should-Retain-A-Lawyer-For-Drug-Paraphernalia-Charges_December-2023.jpg "drug paraphernalia")Most people know that illegal drug possession is illegal in Texas. But it is just as against the law to possess drug paraphernalia, which includes many everyday household items. Learn about Texas drug paraphernalia charges below and how they can affect your life in many ways.

If you have been charged with possessing drug paraphernalia in Texas, it is vital to retain qualified legal counsel immediately to mitigate the potential negative outcomes. Speak to one of our [Harris County drug possession attorneys](/drug-possession/) at Mark Diaz & Associates today for a free consultation about your case.

## How Is Drug Paraphernalia Defined In Texas?

According to the [Texas Health and Safety Code](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.125), drug paraphernalia includes products, equipment, or materials used to cultivate, plant, produce, manufacture, package, store, process, or conceal illicit drugs. It also states that an object you use to inhale, inject, or consume an illegal drug is drug paraphernalia. Some items that the police may deem drug paraphernalia are:

- Plastic baggies
- Plastic containers
- Roach clips
- Pipes
- Balloons
- Baking scales
- Grinders
- Capsules
- Purity testing equipment
- Rolling papers
- Needles
- Bongs
- Sifters
- Balances
- Syringes
- UV lights
- Blenders

You can be hit with a drug paraphernalia charge if law enforcement thinks you were using or selling drugs, even if the drugs themselves are not in your possession. Just having some of the drug paraphernalia items above in your possession can cause problems.

## Penalties For Possessing Drug Paraphernalia In Texas

It is illegal in Texas to possess, use, or deliver illegal drugs and drug paraphernalia. If you are convicted of possessing drug paraphernalia, it is usually a Class C misdemeanor, and you can be fined up to $500.

Furthermore, it is against state law to deliver or make drug paraphernalia. If you are convicted of this charge, it is a Class A misdemeanor, and the punishment is up to a year in jail and a fine of up to $4,000. If you deliver or attempt to deliver drug paraphernalia to a minor, you may be charged with a state jail felony. This is punishable by at least six months and up to two years in a state jail. The fine is a maximum of $10,000.

You could also lose your driver’s license for a conviction for possessing drug paraphernalia. Even if you were not driving when you were arrested, your license could be suspended for six months, and if you are under 21, it could be suspended for a year.

Mandatory minimum sentences apply for subsequent offenses, so you could get more jail time in certain cases. For instance, if you were convicted previously for delivering drugs or paraphernalia to a minor, you could be changed under an enhancement statute – meaning, your minimum jail sentence would be 90 days.

The penalties mentioned here show how important it is to hire an expert criminal defense attorney in Harris County if you are arrested for possessing drug paraphernalia.

## What About Legitimate Uses Of Drug Paraphernalia?

A common problem with a [Texas drug paraphernalia charge](/what-items-are-considered-drug-paraphernalia-in-texas/) is that some items have legitimate uses and are not against the law. For example, you could have a spoon in your pocket that the police say is used for taking drugs. But, of course, a spoon also has many legitimate purposes.

Further, smoke shops and head shops in Texas sell water pipes, rolling paper, and vaporizers. You can use a water pipe for tobacco or aromatic herbs. Rolling papers can be used to roll cigarettes. It is challenging from a legal perspective for the police to raid these stores to bust drug offenders.

So, many of these establishments operate in a gray zone legally. For instance, if you purchase rolling papers in a smoke shop, your attorney will argue that you did so for a legitimate purpose: to roll cigarettes and save money.

But if you drive to a Harris County head shop and buy a bong, it might be called drug paraphernalia by the police if you are pulled over. That is an excellent reason to put these questionable items in your trunk before driving home. While you can argue to the police that you are using them legally, it is best if they never see them at all during a traffic stop.

## What Are Defenses For A Drug Paraphernalia Charge?

State law requires you to possess drug paraphernalia for a conviction knowingly. So, if the state prosecutor cannot prove you knew you had the items, you cannot be convicted. Your attorney will make the prosecutor show their evidence that you knew the items were in your possession. This can be challenging to prove, and your attorney might secure a dismissal because of insufficient evidence.

Next, the police must have probable cause to search you or your vehicle. The police often pull people over without reason, and any drug paraphernalia in the car might be inadmissible if your rights were violated.

Another defense is that the prosecution has to prove that you possessed the paraphernalia with the intent to use it with illicit drugs. These items have many legal uses. For instance, you might have a scale in your car, which you can argue was for kitchen use. Plastic baggies are for storing food, and a lighting system in your home is for growing tomatoes.

If law enforcement accuses you of possessing illegal drugs as well as paraphernalia, your attorney could claim that there is not enough evidence that the substances are prohibited. It is possible the equipment that tested the substances did not operate properly.

Last, the prosecutor must prove that the drugs or paraphernalia you had were yours. Even if these items are found in your glove compartment, that does not always prove that they are yours. Perhaps a friend borrowed your car and put it there.

## Drug Paraphernalia Arrest Tips

If the worst happens and you are arrested for possessing drug paraphernalia, all is not lost. Your drug possession lawyer at Mark Diaz & Associates will do their best to defend you. Also, remember these tips:

- If the police serve you with a search warrant, look at it carefully for a judge’s signature. Also, check the description of the investigation the police will conduct. Do not allow them to do anything other than what is on the search warrant.
- If you are put under arrest for possession or delivery of drug paraphernalia, use your right to remain silent. Nothing you say will help in this situation except to ask for your attorney.
- Do not resist arrest or argue with the police. Doing so will only make things worse.
- Once the police have you in custody, never give a statement to the police or answer their questions. Even if you say you are innocent, it can be used against you. Wait for your attorney to arrive before saying anything.

## Consequences Of A Drug Paraphernalia Conviction

A conviction for possessing or delivering drug paraphernalia can do more than cost you money and time behind bars. A conviction means you have a permanent criminal record for a drug-related crime. This will make your life much more difficult for years, and once you are convicted, it can never be removed from your record. Potential collateral consequences of a drug paraphernalia conviction are:

### Job Trouble

Most employers do a background check before hiring you in Texas or anywhere in the US. Having a drug paraphernalia conviction on your record may keep you from getting many jobs. Many large employers will immediately drop you from consideration for having any arrest on your record, let alone a conviction.

If you have a job now, a drug conviction could cost you, too. Many employers will not want to employ someone with a criminal conviction. If you need to go to jail, you could lose your job while away.

### Professional Licenses

Are you a truck driver or a real estate agent? A drug paraphernalia conviction could lead to a loss or suspension of your professional license. If you work in healthcare or the law, years of education could go down the drain when your license is revoked or suspended.

### Education

Are you in college or planning to go? Many educational institutions conduct background checks on students and may not want to offer you a place if you have a drug paraphernalia conviction.

### Housing

Most landlords conduct background checks on renters. If you have a criminal conviction, you may not be allowed to rent a house or apartment, and getting a mortgage can be more complicated.

There are so many ways that a drug paraphernalia charge or conviction can turn your life upside down. With these things in mind, speaking to an experienced criminal defense attorney in Harris County is the best path forward after an arrest.

## Contact Our Harris County Drug Possession Lawyers

If you have been charged with a drug paraphernalia or drug possession crime, it is vital to retain an experienced attorney today. The sooner you have an attorney representing you, the better your chance of a good case outcome. You can speak to our [Harris County drug possession lawyers](/drug-possession/) at Mark Diaz & Associates today by calling (409) 515-6170. We will review your charges in the[ free consultation](/landing-form/) and explain the options. Mr. Diaz has experience with the law, the courts, the judges, and the prosecutors in Harris County, and his advice will be invaluable to secure the best results for you.

**Categories:** Drug Possession Attorney

**Tags:** Drug Paraphernalia

---

### [Why You Need A Lawyer For First-Time Assault Charges In Texas](https://texascriminaljustice.com/why-you-need-a-lawyer-for-first-time-assault-charges-in-texas/)

**Published:** December 26, 2023
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/12/Diaz-4-Why-You-Need-A-Lawyer-For-First-Time-Assault-Charges-In-Texas_December-2023.jpg "assault")An assault charge in Texas is a serious matter. Even if it is a first-time offense, you can be charged with a felony if certain aggravating factors are present. But with the help of a proven criminal defense attorney, your assault case can have a favorable outcome.

Mark Diaz & Associates has top-rated [assault lawyers in Galveston County](/assault-and-battery/) who will aggressively fight the charges against you. Mr. Diaz and his associate attorneys have the vital courtroom experience and know-how to fight the assault charge in the most effective ways possible.

## What Is Assault?

In Texas, assault means [knowingly, intentionally, or recklessly](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#:~:text=22.01.,including%20the%20person's%20spouse%3B%20or) causing bodily harm to someone. Assault does not require you to make physical contact. Simply threatening an individual with harm is enough for assault to be charged. An assault charge can be a misdemeanor or felony, depending on the circumstances and the victim.

## How Texas Assault And Battery Laws Differ

Many states treat assault and battery separately. In these states, assault happens when a person threatens another with bodily harm. If there is physical contact, battery has occurred. In Texas, all of these incidents are charged as assault, whether or not physical contact was involved. Even simply verbally threatening someone can be enough to be charged with assault.

There are several types of simple assault charges, and the offense you are charged with depends on the situation. In the least, you face a Class C misdemeanor and a possible permanent criminal record. You can be accused of this crime if you threaten someone with harm or make physical contact but do not cause pain/injuries. This might sound like a minor crime, but it will be on your criminal record indefinitely if you are convicted, so you need an excellent defense attorney.

Felony assault charges can be filed if you assault a police officer, judge, paramedic, social worker, or firefighter. Furthermore, assaulting your romantic partner or a member of your household can also a felony depending upon the specific circumstances.

## How Aggravating Factors Worsen The Situation

The court also will check if there were aggravating factors in your case that could worsen your first-time assault charge. These aggravating factors can produce an elevated charge, also known as aggravated assault, which is a first-degree felony. Some aggravating factors are:

- Causing serious bodily injury
- Using a gun or other deadly weapon during the incident
- Assaulting the victim during the commission of another crime, such as robbery
- Raping or sexually assaulting the victim

You may wonder what a ‘serious bodily injury’ is in an aggravated assault case. The law says that an injury is serious when it creates a severe risk of death or causes serious permanent disfigurement or a long-term loss or impairment of any bodily organ or member. So, if you scratch someone’s arm, this is not a severe injury. But if your assault damages their arm to the point of causing permanent impairment of that arm, this would qualify as a severe injury.

If you are convicted of assault for the first time, the penalties depend on the harm done and whether aggravating factors were present. At the least, you can get fined for simple misdemeanor assault. For worse violations, the punishments are:

- Third-degree felony assault: Maximum of 10 years in prison and a fine of up to $10,000. Commonly charged if you attack a government employee, security officer, emergency service personnel, or public servant.
- Second-degree felony assault: Two to 20 years in prison and a fine of up to $10,000. Commonly charged for threatening someone with a deadly weapon.
- First-degree felony assault: Five years to life, plus potential fines. For attacking a police officer, security officer, informant, public servant in the line of duty, or a crime witness.

## Can A First-Time Assault Charge Be Dropped?

Under state law, a victim can express their desire to drop the assault charge. However, the prosecutor could proceed with the case even if the victim wants to drop the charge. The decision to proceed rests with the prosecutor or the state of Texas.

## How Do You Defend Against A First-Time Assault Charge In Texas?

The first thing to remember is that the prosecutor has the burden of proof. They must prove you are guilty of assault beyond a reasonable doubt. Depending on the case, there are many potential defenses to your charge.

For example, acting in self-defense could be an effective defense or the alleged victim’s injuries could have been caused outside of the incident. You could also argue that the other party consented if the incident was a street fight.

Self-defense is a popular way to fight an assault charge, but remember that the burden of proof then shifts to you. You have to show that you faced a threat when you acted and that the use of force was necessary to defend yourself. The prosecutor then has to prove that your actions were not self-defense.

It is often simpler to argue self-defense when the assault happened on your property, such as in your vehicle or home. Texas’s [Castle Doctrine](https://guides.sll.texas.gov/gun-laws/stand-your-ground) states that any actions you take to defend yourself on your property are presumed to be legally necessary, assuming you did not provoke the attack.

When self-defense is not a viable legal option, there could be other ways to fight the assault charge. If you were coerced to commit the assault, this could be a valid defense. This could be if you were threatened if you did not commit the act.

## Texas Assault Charge FAQs

If you were charged with first-time assault in Texas, you probably have many questions. Some of the most common questions that Mark Diaz & Associates receive are:

### Will I Be Charged With Misdemeanor Or Felony Assault?

How you are charged depends on the facts of the case, including the alleged victim. You could be charged with a felony if the victim was a family member, romantic partner, or a public servant, or if another aggravating factor is present. If you have questions about the level of your charge, call Mark Diaz & Associates today.

### What If The Alleged Victim Was Not Injured?

The alleged victim does not have to be physically harmed for you to be convicted of assault. Simply making a threat or touching them can be enough for a misdemeanor charge. Many defendants plea ‘no contest’ when faced with a Class C misdemeanor assault charge to avoid hiring an attorney. But you still could wind up with a criminal record, so hiring a criminal defense attorney is recommended.

### Is Self-Defense A Viable Defense For Assault?

Yes, but depending upon the specific circumstances if the case. Self-defense can be effective for yourself or a third party depending upon the facts. For example, you can claim self-defense if you assault an intruder in your home. Or, if someone attacks your daughter in public and in your presence, you may have the right to assault them to the degree necessary to stop the attack against your daughter.

### Can You Get Rehabilitation Instead Of Jail For An Assault Conviction?

If you are convicted of first-time assault, it is possible to get treatment as an alternative to jail but this would be through some type of probation. Therapy, rehabilitation, and anger management classes are possibilities while a person is on probation in some cases.

### What Does Assault By Contact Mean?

If you knowingly or intentionally make contact with another person in a way they find offensive, it is called ‘assault by contact.’ Common examples are pushing or spitting on someone.

### Can I Harm My Defense After An Assault Charge?

Yes. How you act after the arrest matters. Use care with what you say and do as the case proceeds. A common mistake by many first-time assault defendants is saying too much to the police.

You should say as little as possible to the police during and after your arrest. Nothing you say will help, so it is best to remain silent and call your lawyer. Remember, the police cannot use your silence against you, but whatever you say to them can be used against you.

### What Kind Of Bond Conditions Can You Get For An Aggravated Assault Charge?

Bond conditions for aggravated assault depend on the circumstances, the judge, and the prosecutor assigned to your case. Typical bond conditions for these charges limit your ability to travel, owning a gun, or using drugs or alcohol. You also may have a no-contact order that prohibits you from contacting the alleged victim. You also could be required to wear a GPS device that tracks where you are.

### How Long Will An Assault Case Take?

The length of an assault case depends on its resolution. A dismissal can happen anytime, but there are a lot of factors that play into resolving a case so expect the case to last at least a couple to a few months. If the matter goes to trial, resolving the case could take more than a year.

## Contact Our Assault Lawyers In Galveston County

Even if it is your first assault charge in Texas, you face jail time, fines, and a permanent criminal record. A felony charge is possible if it is aggravated assault. Also, your arrest and conviction could show up on your permanent record. So, there is no time to delay retaining an experienced criminal defense attorney. Speak to one of our assault lawyers in Galveston County at Mark Diaz & Associates today for a [free consultation about your case](/landing-form/) by calling (409) 515-6170.

**Categories:** Assault Lawyer

**Tags:** Assault

---

### [How Serious Are Family Violence Charges In Texas?](https://texascriminaljustice.com/how-serious-are-family-violence-charges-in-texas/)

**Published:** January 4, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![family violence](https://texascriminaljustice.com/wp-content/uploads/2024/01/Diaz-1-How-Serious-Are-Family-Violence-Charges-In-Texas_Jan-2024.jpg "family violence")In Texas, [family violence](https://www.texasobserver.org/domestic-violence-murders-in-texas-are-going-up/) remains a serious legal and social issue, profoundly impacting individuals, families, and communities across the state. Defined broadly, family violence in Texas encompasses a range of behaviors, from physical abuse to threats, emotional abuse, and other forms of coercion among family members or intimate partners. This issue transcends socio-economic, racial, and cultural boundaries, making it a pervasive issue that the state continues to grapple with.

The prevalence of family violence cases in Texas is a cause for concern. Statistics indicate that incidents of family violence are not isolated events but part of a more significant systemic problem that affects countless individuals and families. The [Texas Council on Family Violence](https://tcfv.org/wp-content/uploads/TCFV-2022-HTV-Report_Final-Web.pdf) reported thousands of incidents annually, indicating the widespread nature of this crisis. These incidents do not just leave physical scars; they have profound psychological impacts and contribute to a cycle of violence that can span generations.

The impact of family violence extends beyond the immediate victims. It has far-reaching implications for children who witness such violence, often leading to long-term emotional and psychological trauma. Moreover, the social fabric of communities is weakened as trust and safety are eroded. Economically, the repercussions are significant, with costs incurred in healthcare, legal proceedings, and social services.

Here, we’ve provided a comprehensive overview of how Texas law treats these offenses, the legal ramifications for perpetrators, and the broader social implications. Further, below we have outlined the legal framework, penalties, and consequences of family violence in Texas.

## Understanding Family Violence Charges in Texas

[Family violence in Texas](https://www.dps.texas.gov/sites/default/files/documents/crimereports/08/citch5.pdf) is a legal term with a specific definition and a wide range of implications under the law. According to Texas statutes, family violence refers to any act by a member of a family or household against another member that results in physical harm, bodily injury, assault, or a threat that reasonably places the member in fear of imminent physical damage. This definition is broad, covering violence not just between spouses but also between siblings, parents, children, and other individuals who reside together or are related by blood or marriage.

In addition to the general definition, Texas law recognizes various types of charges that fall under the umbrella of [family violence](https://www2.texasattorneygeneral.gov/initiatives/family-violence). These include:

### Domestic Assault

This is a charge typically levied when an individual commits an assault against a family member, household member, or a current or past dating partner. Domestic assault can range from causing bodily injury to threatening or causing physical contact perceived as provocative or offensive.

### Aggravated Domestic Assault

This charge is more severe and is applied when the assault involves serious bodily injury or the use or exhibition of a deadly weapon during the commission of the assault. Aggravated domestic assault is a felony, and the severity of the charge can escalate based on the circumstances and the degree of injury caused.

### Continuous Violence Against the Family

This charge is unique in that it does not require the prosecution to prove the occurrence of individual assaults. Instead, it requires evidence of two or more domestic assaults within a certain period, elevating the seriousness of the charge due to the repetitive nature of the violence.

The legal framework governing family violence charges in Texas is comprehensive and designed to address the various forms of violence that occur within domestic settings. These laws are strictly enforced, reflecting the state’s commitment to protecting victims and prosecuting offenders. For instance, in Texas, police officers responding to family violence calls have the authority to arrest the alleged offender without a warrant if they have probable cause to believe that such violence has occurred.

Moreover, Texas law provides for enhanced penalties and considerations in cases of family violence. For example, a prior family violence conviction can elevate a new domestic assault charge from a misdemeanor to a felony. Additionally, in family violence cases, judges often issue protective orders, which can place various restrictions on the accused, such as prohibiting contact with the victim.

Understanding these nuances is crucial for comprehending the gravity with which family violence is treated in Texas. The state’s legal framework is designed not just to punish but also to prevent further violence, protect victims, and address the root causes of domestic abuse.

## Penalties & Punishments for Family Violence Charges in Texas

In Texas, the legal consequences of family violence charges are severe and multifaceted, reflecting the seriousness with which the state views such offenses. These consequences can range from immediate legal penalties to long-term impacts on an individual’s life.

### Immediate Legal Penalties

The immediate legal penalties for family violence convictions in Texas vary depending on the severity of the charge. For a standard domestic assault charge, which is typically a misdemeanor, the [penalties](/how-texas-classifies-domestic-violence-and-family-violence/) can include up to a year in jail and fines up to $4,000. However, if the assault is classified as aggravated domestic assault, a felony, the convicted individual faces more severe penalties, including longer jail sentences ranging from two years to as much as 20 years or more and fines up to $10,000. In cases of continuous violence against the family, the penalties generally include third-degree felony charges, which carry sentences of 2 years to 20 years in prison and fines up to $10,000.

### Probation and Mandatory Programs

In addition to jail time and fines, individuals convicted of family violence charges may also be placed on probation and required to participate in mandatory programs. Probation can include various conditions like regular check-ins with a probation officer, no contact orders with the victim, and attendance in batterer’s intervention or anger management programs.

### Long-Term Consequences

Beyond the immediate legal penalties, a conviction for family violence in Texas can have profound long-term consequences. One significant area affected is child custody. In family law cases, a history of family violence is a critical factor that courts consider when determining child custody arrangements. A parent with a family violence conviction may face restrictions on visitation or lose custody altogether.

Employment opportunities can also be adversely affected. Many employers conduct background checks, and a family violence conviction can lead to job loss or difficulty in securing future employment, especially in roles that require trust or involve interaction with vulnerable populations.

Housing is another area where individuals with a family violence conviction can face challenges. Landlords may conduct background checks, and a history of violence can lead to difficulties in renting properties. Additionally, certain convictions may disqualify individuals from public housing assistance.

## Protective Orders and Their Implications

A common legal repercussion in family violence cases is the issuance of a [protective order](https://protect.txcourts.gov/). Often issued by a court, these orders are designed to protect the victim from further harm. They can include various stipulations, such as prohibiting the offender from going near the victim’s home or workplace and removing the right to possess firearms. Violating a protective order can lead to additional criminal charges and penalties, including jail time.

Family violence charges in Texas carry serious legal consequences that extend well beyond immediate penalties. They can significantly impact an individual’s parental rights, employment prospects, housing options, etc. Moreover, protective orders serve as an additional legal mechanism to safeguard victims, further emphasizing the severe nature of these offenses. The spectrum of these consequences underscores the need for accused individuals to seek competent legal representation.

## The Criminal Justice Process for Domestic Violence Cases

Navigating the criminal justice process in Texas for family violence cases involves several critical stages, from the initial arrest to the final sentencing. Understanding this process is essential for both victims and defendants, as it highlights the procedural steps and legal considerations involved in these serious cases.

### The Arrest Process

In Texas, the arrest process in family violence cases can be initiated in various circumstances. Law enforcement officers often respond to emergency calls or reports of domestic incidents. If an officer has probable cause to believe that family violence has occurred, they can make an arrest without a warrant. This is especially likely if the officer believes the violence will continue or if there is visible evidence of physical harm. In some cases, an arrest can occur after a victim or witness files a report at a later time, leading to an investigation and subsequent arrest warrant.

### Court Process from Arraignment to Sentencing

Once an arrest is made, the defendant will go through several stages in the court system:

**Magistration:** This is the first court appearance that generally happens while they are in jail and before they are allowed to bond out. The defendant is read their rights, the charge, and the punishment range for the charge. If there are protective orders or bond conditions, the defendant is advised of the existence of these at that time by the magistrate. Bail is then usually set for the defendant by the magistrate.

**Preliminary Hearings and Pre-Trial Motions:** During these stages, evidence is reviewed, and legal arguments may be made to dismiss charges or suppress evidence. It’s also a period where plea bargaining can occur.

**Trial:** If the case goes to trial, both the prosecution and defense can present evidence, call witnesses, and make legal arguments. In cases of family violence, this can include testimonial evidence from the victim, medical reports, and witness statements.

**Sentencing:** If the defendant is found guilty, the judge or the jury will determine the sentence based on the severity of the offense and any aggravating factors. In family violence cases, this can include imprisonment, fines, probation, and mandatory participation in intervention programs.

### Role of Criminal Defense Attorneys

[Defense attorneys](/) play a crucial role in the criminal justice process. They provide legal representation for the accused, ensuring their rights are protected throughout the proceedings. In family violence cases, defense strategies may include:

- Challenging the credibility of the victim’s testimony;
- Presenting evidence that the defendant acted in self-defense;
- Arguing for a lack of evidence to support the charges.

Defense attorneys may also negotiate plea bargains, where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence. This is often a strategic decision based on the strength of the prosecution’s case and the potential risks of going to trial.

The criminal justice process for family violence cases in Texas is complex and multifaceted, involving several stages from arrest to sentencing. Each stage is critical and can significantly impact the outcome of the case. The role of defense attorneys is vital in navigating this process, whether in defending the accused at trial or negotiating plea deals. Understanding this process is essential for anyone involved in a family violence case, as it lays the groundwork for preparing a legal strategy and making informed decisions.

### Speak To Our Galveston County Family Violence Lawyer Right Now

If you are facing domestic violence criminal charges in Texas, you face serious consequences. You will need a highly skilled attorney who understands how to handle complicated criminal cases and can protect your legal rights. Our [Galveston County Family Violence Lawyers](/domestic-violence/) at Mark Diaz & Associates will provide the best defense for your charges. Contact our criminal defense attorneys today at 409-515-6170. The initial consultation is free and completely confidential.

**Categories:** Family Violence Lawyer

**Tags:** family violence

---

### [Is Assault a Felony Or Misdemeanor In Texas?](https://texascriminaljustice.com/is-assault-a-felony-or-misdemeanor-in-texas/)

**Published:** January 8, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2024/01/Diaz-2-Is-Assault-Felony-Or-Misdemeanor-In-Texas_Jan-2024.jpg "assault")Assault, a term often heard but not always fully understood, can encompass a range of actions, from threats of violence to actual physical harm. In Texas, as in many other states, the legal system classifies criminal offenses into two primary categories: [felonies and misdemeanors](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm). This classification is not just a matter of legal terminology; it carries significant implications for the accused regarding potential penalties, social stigma, and long-term consequences.

The [distinction between a felony and a misdemeanor in Texas](/what-are-the-different-levels-of-assault-charges-in-texas/) hinges on several factors, including the severity of the alleged assault, the circumstances surrounding the incident, and the characteristics of the victim. For instance, an assault resulting in serious bodily injury is more likely to be prosecuted as a felony, whereas a minor scuffle without serious injury might be considered a misdemeanor. Additionally, assaults against certain protected classes of individuals, such as public servants or family members, may automatically escalate the severity of the charges.

It’s important to understand that assault charges in Texas are subject to a high degree of variability. This variability stems from the broad spectrum of behaviors that can be categorized as assault and the discretion afforded to prosecutors and judges in interpreting these actions within the legal framework. As such, two seemingly similar cases may result in vastly different charges and penalties, highlighting the complexity and nuance of the Texas legal system.

This introduction to assault charges in Texas aims to unravel the intricacies of how such offenses are classified and prosecuted. By delving into the legal definitions, examining the factors that influence charge severity, and exploring real-world implications, this article seeks to provide a comprehensive understanding of the crucial differences between felony and misdemeanor assault charges. Such knowledge is for those directly involved in the legal system and anyone seeking to navigate or understand the complexities of criminal law in Texas.

## Background on Assault Laws in Texas

In the state of Texas, assault laws are defined with specificity, laying the groundwork for understanding how these offenses are categorized and prosecuted. Under Texas law, assault can be characterized by intentional, knowing, or reckless conduct that results in bodily injury to another, including physical pain, illness, or any impairment of physical condition. This legal definition extends beyond physical harm to include intentional or knowing threats of harm to another person, as well as physical contact deemed offensive or provocative.

Texas law broadly categorizes criminal offenses into two groups: felonies and misdemeanors. This distinction is critical, as it dictates not only the severity of the potential penalties but also shapes the entire judicial process, from arraignment to sentencing.

**1. Misdemeanors** – These are considered less severe offenses and are further subdivided into three classes: Class A, Class B, and Class C, with Class A being the most serious. Penalties for misdemeanors can range from fines to imprisonment in county jail. For example, a Class C misdemeanor might result in a fine only, whereas a Class A misdemeanor could carry jail time. Misdemeanor assaults typically involve less severe forms of harm or threat without significant aggravating factors.

**2. Felonies** – Felonies in Texas are more serious offenses and are categorized into degrees: first-degree, second-degree, third-degree, and state jail felonies. Felonies carry stiffer penalties, including longer prison sentences, heavier fines, and more significant long-term consequences post-conviction, such as loss of voting rights or difficulty finding employment. Assault charges escalate to felony status under certain conditions, such as when the assault involves serious bodily injury, use of a deadly weapon, or assault against a public servant, a family member, or in a domestic violence scenario.

The distinction between a felony and a misdemeanor in Texas is not merely a matter of legal categorization; it reflects a deeper societal understanding of the gravity of different offenses. Felonies, with their severe penalties, are reserved for offenses considered especially harmful or dangerous to the community. In contrast, though still serious, misdemeanors are viewed as lesser offenses. This dichotomy in the legal system underscores the importance of understanding the specific circumstances and nuances of each assault case, as the classification of the offense will greatly impact the legal proceedings and the life of the accused thereafter.

[Texas’s assault laws](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) and the broader categorization of offenses into felonies and misdemeanors demonstrate the state’s commitment to a nuanced and graduated justice system. This system aims to proportionally punish criminal acts while taking into account their severity and impact on victims and society. Understanding these legal distinctions is essential for anyone navigating the Texas criminal justice system, whether as a legal professional, a defendant, a victim, or an interested citizen.

## Factors Determining the Severity of Assault Charges in Texas

The classification of an assault charge in Texas as either a misdemeanor or a felony is not arbitrary; a confluence of several key factors determines it. These factors serve as the backbone for legal decision-making, guiding prosecutors and judges as they navigate the complexities of each case. Understanding these elements is crucial for comprehending how similar actions can lead to different legal outcomes.

### Severity of Injury

One of the most pivotal factors in classifying assault charges is the severity of injury inflicted upon the victim. In cases where the victim suffers minor injuries or in situations involving threats or offensive contact without actual bodily harm, the charge is likely to be categorized as a misdemeanor.

Conversely, if the assault results in serious bodily injury — defined as an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ — the charge is elevated to the level of a felony. The legal system uses the degree of physical harm as a barometer for the seriousness of the offense.

### Use of a Weapon

The involvement of a weapon in an assault significantly influences the severity of the charge. When an assault is committed with a deadly weapon, it is typically charged as a felony, specifically aggravated assault. A deadly weapon is not limited to firearms or knives; it includes any object that, in the manner of its use, is capable of causing death or serious bodily injury. The rationale behind this is clear: the use of a weapon indicates a higher potential for serious harm and a greater degree of premeditation or recklessness.

### Identity of the Victim

The identity of the victim plays a crucial role in determining the charge in Texas. Assaults against certain individuals are automatically treated more seriously, regardless of the injury’s severity. For instance, assaults against public servants (like police officers or emergency workers), government officials, security officers, family members, or domestic partners often result in felony charges. This elevated response is a recognition of the vulnerability of certain victims and the societal value placed on protecting them.

### Prior Convictions

For individuals with prior convictions, especially for violent offenses, the likelihood of facing felony charges for assault increases. The legal system in Texas considers past behavior as an indicator of the defendant’s propensity for violence, thereby justifying harsher charges for repeat offenders.

### Circumstances Surrounding the Incident

The context of the assault can also influence the severity of the charges. Factors such as whether the act was committed in a public place, in the presence of minors, or as part of a hate crime can escalate the charge. These circumstances are evaluated to gauge the broader impact of the assault on the community and public safety.

The determination of an assault charge as a misdemeanor or felony in Texas hinges on a comprehensive evaluation of these factors.

## Misdemeanor Assault in Texas

According to Texas law, misdemeanor assault represents a category of offenses that, while serious, are deemed less severe than their felony counterparts. Understanding the nuances of misdemeanor assault is key to grasping the broader scope of criminal law in Texas.

### Definition and Examples of Misdemeanor Assault

Misdemeanor assault in Texas typically involves instances where the inflicted harm, threat, or physical contact is considered less severe. This can include cases where there is minor physical contact deemed offensive or provocative or threats of harm that do not result in physical injury. For example, a heated argument that escalates to shoving or minor physical altercations without serious injury would typically fall under misdemeanor assault.

### Categories of Misdemeanor Assault and Corresponding Penalties

1. **Class A Misdemeanor** -This is the most serious type of misdemeanor assault. It involves cases where physical harm is caused, potentially resulting in pain/bodily injury but not serious bodily injury. The penalties for a Class A misdemeanor include a fine of up to $4,000 and/or imprisonment in county jail for up to one year.
2. **Class B Misdemeanor** – This category is typically for assault cases where a non-sports actor threatened a sports player with bodily injury or caused offensive contact to a sports participant. Penalties can include a fine of up to $2,000 and/or imprisonment in county jail for up to 180 days.
3. **Class C Misdemeanor** – This is the least severe category, often involving minor cases like simple threats or offensive gestures without physical contact. The penalty for a Class C misdemeanor is usually a fine of up to $500 and does not include jail time.

Misdemeanor assaults in Texas are multifaceted and varied, reflecting the diverse nature of offenses that can occur in everyday interactions. Understanding these distinctions is vital for a comprehensive grasp of how the Texas legal system approaches and prosecutes assault cases.

### Felony Assault in Texas

Felony assault in Texas represents the more severe spectrum of assault charges, characterized by greater harm or risk and carrying more stringent legal repercussions. Understanding felony assault is essential to appreciate the gravity of such charges within the Texas legal framework.

Definition and Examples of Felony Assault: Felony assault in Texas generally involves incidents where there is significant bodily injury, use of a deadly weapon, or the victim falls into a protected class, such as a family member or a public servant.

For example, an assault leading to serious bodily injury, like broken bones or injuries requiring hospitalization, would typically be classified as a felony. Similarly, if an individual threatens someone with a firearm during an altercation, even if no physical injury occurs, this scenario would also constitute felony assault due to the involvement of a deadly weapon.

### Categories of Felony Assault and Corresponding Penalties

1. **First-Degree Felony Assault** – This is the most serious classification, often involving cases of assault against a family member, domestic partner, or public servant, resulting in serious bodily injury. Penalties can include 5 to 99 years in prison and a fine of up to $10,000.
2. **Second-Degree Felony Assault** – This category typically includes assault resulting in serious bodily injury but without the aggravating factors necessary for a first-degree charge. Penalties range from 2 to 20 years in prison and a fine of up to $10,000.
3. **Third-Degree Felony Assault** – This includes assault against a public servant or emergency personnel, or continuous violence against a family member, and carries penalties of 2 to 10 years in prison and a fine of up to $10,000.

### Comparative Analysis: Misdemeanor vs. Felony Assault Charges in Texas

The distinction between misdemeanor and felony assault charges in Texas is stark, with each carrying its own set of legal consequences, penalties, and long-term impacts. Understanding these differences is essential for anyone navigating the criminal justice system in Texas.

Misdemeanor assault charges, encompassing Class A, B, and C misdemeanors, generally involve less serious offenses. The penalties can range from fines (up to $500 for Class C misdemeanors) to jail time (up to one year for Class A misdemeanors). The long-term impacts, while significant, are typically less severe than those resulting from felony convictions. Individuals convicted of misdemeanors may face challenges like limited employment opportunities and social stigma, but these are often less debilitating compared to felony convictions.

In contrast, felony assault charges, categorized into first, second, and third degrees, deal with more serious offenses involving serious bodily injury or the use of a deadly weapon. These charges carry heavier penalties, including longer prison sentences (up to 99 years for first-degree felonies) and larger fines (up to $10,000).

The long-term impacts are profound: a felony conviction can result in loss of voting rights, difficulties in finding employment, and significant social stigma. Additionally, felonies remain on an individual’s criminal record, impacting various aspects of life, from housing opportunities to professional licenses.

The role of plea bargains and legal defenses is critical in the categorization of assault charges. In some cases, a defense attorney might negotiate a plea bargain on the defendant’s behalf, potentially reducing a felony charge to a misdemeanor, depending on the case’s circumstances and the defendant’s criminal history. Legal defenses your attorney may rise on your behalf also play a pivotal role. For instance, arguments based on self-defense, lack of intent, or insufficient evidence can potentially lead to positive outcomes on a defendant’s case and how it is ultimately disposed of.

### Final Considerations Concerning Assault Charges in Texas

The complexity of assault laws in Texas is undeniable, with a broad spectrum of factors influencing whether an assault is classified as a misdemeanor or a felony. This article has explored the nuances of these classifications, the factors determining the severity of charges, and the consequential differences in legal and social implications.

The variability in assault charges, influenced by the severity of injury, use of a weapon, and the victim’s identity, underscores the intricacies of the legal system in Texas. The comparative analysis highlights the stark differences in penalties and long-term impacts between misdemeanor and felony charges. It also points to the importance of legal strategies, such as plea bargains and defenses, which can significantly alter the outcome of a case.

Reflecting on this complexity, it becomes clear that navigating the assault laws in Texas is a challenging endeavor. Therefore, it follows that defendants who are charged with these types of cases should seek legal counsel promptly. For anyone facing assault charges or involved in such cases, retaining a skilled criminal defense attorney as quickly as possible is crucial. An experienced lawyer can provide invaluable guidance, from interpreting the law to crafting a defense strategy, ultimately impacting the case’s outcome. Their role is not just in legal representation but also in ensuring that justice is served in a system marked by intricacies and profound consequences.

### Speak To Our League City Assault Attorneys Right Now

If you are [facing assault charges in Texas](/assault-and-battery/), you are facing serious consequences. You will need a highly skilled attorney who understands how to handle complicated criminal cases and can protect your legal rights. Mark Diaz & Associates will provide the best defense for your criminal charges. Contact our criminal defense attorneys today at 409-515-6170. The [initial consultation is free](/landing-form/) and completely confidential.

**Categories:** Assault And Battery Lawyer

**Tags:** Assault

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### [What You Need To Know About Weed Laws In Texas](https://texascriminaljustice.com/what-you-need-to-know-about-weed-laws-in-texas/)

**Published:** January 15, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![cannabis](https://texascriminaljustice.com/wp-content/uploads/2024/01/Diaz-3-What-You-Need-To-Know-About-Weed-Laws-In-Texas_Jan-2024.jpg "cannabis")In recent years, the conversation surrounding [marijuana laws](https://guides.sll.texas.gov/cannabis/recreational-use) has been dynamic and evolving, with states across the U.S. reexamining their stance on this contentious topic. Texas, known for its traditionally strict legal system, presents a unique landscape in this ongoing dialogue. As of now, marijuana laws in Texas remain some of the most stringent in the country despite growing national trends toward legalization and decriminalization. The goal of this article is to provide a comprehensive overview of the current laws, their historical context, and the shifting public perception surrounding this issue in Texas.

The legal status of marijuana in Texas is a complex and multifaceted issue. Unlike many states that have moved towards a more lenient approach, Texas maintains strict regulations against both recreational and medical use of marijuana. However, there have been incremental changes, particularly in the area of [medical marijuana](https://www.texas.gov/health-services/texas-medical-marijuana/), reflecting a gradual shift in societal attitudes and legislative focus. Understanding these laws is crucial, not only for residents of Texas but also for anyone interested in the broader narrative of marijuana legalization in the United States.

## Historical Context of Marijuana Laws in Texas

To fully understand the current state of weed laws in Texas, it is essential to look back at their historical development. For much of the 20th century, Texas, like most of the United States, enforced strict prohibition of marijuana. This stance was consistent with the national sentiment and legislation, particularly following the [Marihuana Tax Act of 1937](), which effectively criminalized marijuana across the country.

The trajectory of marijuana laws in Texas has been influenced mainly by broader national policies and shifting public opinions. However, Texas has typically lagged behind other states in relaxing marijuana laws. Even as many states began decriminalizing or legalizing marijuana, either for medical or recreational use, Texas remained steadfast in its stringent approach.

Various factors, including political climate, public opinion, and advocacy efforts, have shaped the evolution of these laws over time. In recent years, there has been a growing recognition of the potential medical benefits of marijuana, leading to a slight softening in attitudes and legislation. However, the journey towards these changes has been gradual and cautious, reflecting Texas’s conservative stance on drug-related issues.

Understanding the historical context of [marijuana laws in Texas]() is key to appreciating the current legal landscape and anticipating future trends. The state’s approach to marijuana legislation offers a unique perspective on the broader national conversation about drug policy, societal norms, and the balance between law enforcement and personal freedoms.

## Key Legislative Changes and Their Societal Impacts

Despite the enduring conservative approach, there have been notable legislative shifts in Texas, albeit more gradual and restrained than in many other states. One of the most significant changes came with the introduction of the [Texas Compassionate Use Act in 2015](

**Categories:** Drug Crime Defense Attorney

**Tags:** cannabis, marijuana

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### [Are Homicides Increasing In Texas?](https://texascriminaljustice.com/are-homicides-increasing-in-texas/)

**Published:** January 23, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![homicides](https://texascriminaljustice.com/wp-content/uploads/2024/01/Diaz-4-Are-Homicides-Increasing-In-Texas_Jan-2024.jpg "homicides")The question of whether homicides are on the rise in Texas is not just a matter of statistical curiosity; it is a pressing concern that has significant implications for public safety, policymaking, and the overall well-being of communities. In recent years, the Lone Star State, like many parts of the United States, has witnessed a series of high-profile violent incidents that have sparked widespread debate and concern. Our blog post will examine this crucial issue by looking at the trend in homicide rates in Texas. Are they indeed increasing, or does the data tell a different story?

To address this central question, we will rely on a comprehensive analysis of available crime statistics, predominantly sourced from official state and federal law enforcement agencies. These datasets provide a detailed record of reported homicides over various periods, offering an empirical basis to assess trends. By triangulating these sources, the article aims to offer a nuanced understanding of the dynamics behind homicide rates in Texas.

## Factors Influencing Homicide Rates in Texas

The dynamics of homicide rates in Texas are influenced by a myriad of factors, each interplaying in complex ways to shape the overall crime landscape. Understanding these factors is crucial in providing a comprehensive picture of why homicide rates may fluctuate.

### Economic Conditions

The economy plays a significant role in influencing crime rates, including homicides. Economic downturns, characterized by high unemployment rates and increased poverty, can lead to heightened levels of stress and desperation in communities, potentially leading to an increase in crime, including violent offenses. In contrast, periods of economic prosperity might correlate with lower crime rates.

Texas, with its diverse economy, has experienced both booms and busts, impacting local communities in various ways. For instance, the oil industry, a major economic driver in Texas, has seen cycles of boom and bust, which have had ripple effects on local economies and, by extension, crime rates.

### Law Enforcement Practices

Law enforcement practices and policies significantly influence crime rates. Changes in policing strategies, the allocation of resources, and community policing initiatives can either contribute to a reduction in crime or, if mismanaged, exacerbate the problem. In Texas, there has been an ongoing debate about the efficacy of different policing models and strategies, including the use of technology in crime prevention, community policing efforts, and the impact of law enforcement-community relations. The state’s approach to law enforcement varies significantly across its vast expanse, from large urban centers to rural areas, each facing unique challenges in crime prevention and law enforcement.

### Social Issues

Social issues such as inequality, racial tension, and community breakdown can also influence homicide rates. Areas with high levels of social disorganization, poor community cohesion, and strained race relations might experience higher crime rates. Texas, with its large and diverse population, faces various social challenges. The state’s history and ongoing issues with racial tensions, immigration, and socio-economic disparities play a critical role in shaping its crime dynamics.

### Gun Laws

Texas is known for its permissive gun laws, which some argue contribute to higher rates of gun-related crimes, including homicides. The state’s approach to gun ownership and regulation is often a point of contention in discussions about crime and violence prevention. Advocates for stricter gun control argue that easy access to firearms contributes to higher homicide rates, while opponents claim that responsible gun ownership can help deter crime. The impact of these laws on homicide rates in Texas is a complex issue, with various studies offering differing perspectives.

### Insights from Experts

To gain deeper insights into these factors, it is essential to consider the viewpoints of criminologists, sociologists, and law enforcement officials. Studies focusing on Texas have highlighted the intricate relationship between these factors and homicide rates. For example, research might show a correlation between economic downturns and an uptick in crime in certain regions of Texas. Similarly, studies analyzing the impact of law enforcement strategies in Texas can provide evidence of the effectiveness of various policing models.

In summary, the factors influencing homicide rates in Texas are multifaceted and deeply interwoven with the state’s unique economic, social, and legal landscape. Understanding these influences requires not only a careful examination of statistical data but also an appreciation of the broader socio-economic and cultural context of Texas. By considering these factors and incorporating expert insights, we can gain a more nuanced understanding of the trends in homicide rates in the state.

## Regional Variations in Homicide Rates within Texas

When examining the homicide rates in Texas, it becomes evident that there is a significant variation across different regions of the state. This variation is not just a matter of numbers but also a reflection of the diverse socio-economic and cultural landscapes that characterize Texas. Understanding these regional differences is crucial for a comprehensive analysis of the state’s overall homicide trends.

### Urban vs. Rural Differences

A striking aspect of Texas’s homicide rates is the contrast between urban and rural areas. Major urban centers like Houston, Dallas, San Antonio, and Austin often report higher numbers of homicides compared to the state’s rural areas. This disparity can be attributed to various factors, including population density, economic conditions, and availability of law enforcement resources.

Urban areas, with their denser populations, are more likely to have higher incidences of crime, including violent crimes like homicides. These cities also grapple with challenges such as gang violence, drug trafficking, and other forms of organized crime, which can contribute to higher homicide rates.

In contrast, rural areas in Texas, while not immune to crime, generally report lower homicide rates. These areas, characterized by smaller populations and a different social fabric, tend to experience different types of crime. However, it’s important to note that law enforcement resources in rural areas can be limited, and this might impact crime reporting and response rates.

### Unique Regional Issues

Each region in Texas faces its unique set of issues and circumstances that can influence homicide rates. For example, border towns and cities in Texas have their own set of challenges related to drug trafficking and border-related violence. These issues can lead to an increase in violent crimes, including homicides, in these regions.

Moreover, economic disparities across different regions of Texas play a significant role. Areas with higher poverty rates and unemployment often see higher rates of crime. Economic hardship can lead to increased stress and tension within communities, which can sometimes escalate into violent confrontations.

Social factors, such as racial and ethnic tensions, also vary by region and can influence crime rates. In some areas, historical and ongoing racial issues may contribute to a higher incidence of violence. Additionally, regions with higher rates of gun ownership might experience different patterns in homicide rates compared to those with stricter gun control.

### Law Enforcement and Community Engagement

The approach to law enforcement and community engagement also varies significantly across Texas. In some urban areas, there are robust community policing efforts aimed at reducing crime and building trust between law enforcement and the community. These efforts can be effective in preventing and solving crimes, including homicides. In contrast, some rural areas might lack the resources for such initiatives, impacting their ability to address crime effectively.

A complex mix of demographic, economic, social, and law enforcement factors influences the regional variations in homicide rates within Texas. Each region presents its unique challenges and circumstances, shaping its specific crime trends. Understanding these regional nuances is essential for developing targeted and effective strategies to address and prevent homicides across the diverse landscape of Texas.

## The Disturbing Rise in Gun-Related Murders in Texas

In recent years, Texas has [witnessed a disturbing trend in firearm-related fatalities](), reaching levels not seen since the 1990s. This rise in gun deaths, encompassing both suicides and homicides, coincides with a period during which state lawmakers have progressively relaxed gun restrictions, raising questions about the correlation between these two phenomena.

Since the turn of the millennium, several bills aimed at loosening gun regulations have been passed in Texas. This legislative shift has been marked by significant moves, such as the “constitutional carry” bill signed into law by Governor Greg Abbott in 2021, allowing Texans to carry handguns without a license or training. These changes represent a long-term push in the state to expand Second Amendment rights, a movement that has seen the relaxation of rules from campus gun policies to restrictions in hotels.

Data from the U.S. Centers for Disease Control and Prevention (CDC) indicates a clear trend: firearm-related deaths in Texas have been on the [rise for about two decades](https://www.texastribune.org/2023/05/10/texas-gun-fatalities-laws/), following a decline in the 1990s. In 2021, the state recorded 15 deaths by firearms per 100,000 people, a stark 50% increase from 1999. This period also saw a 66% rise in firearm-related homicides and a 40% increase in suicides involving firearms. The last time Texas saw such figures was in 1994.

Mass shootings, such as the one at an Allen outlet mall and the devastating incident in Uvalde, have tragically highlighted the recent resurgence of gun violence in Texas. These events have reignited the debate over gun violence and its prevention.

However, the connection between loosened gun regulations and the increase in gun violence is complex. Legal experts and researchers point out that various factors, including the ease of obtaining weapons online and social upheavals like the COVID-19 pandemic, have contributed to the rise in violence. The growing distrust in institutions also plays a role, they say.

Supporters of relaxed gun laws, including Texas Republicans, argue that these measures are a necessary defense of [Second Amendment rights](). Governor Abbott, for instance, has framed such laws as essential to protecting the rights of Texas citizens from federal to local threats to gun ownership.

Yet, there is evidence suggesting that specific state laws have impacted gun ownership and usage, leading to increased fatalities. The Giffords Law Center to Prevent Gun Violence points to studies showing a rise in gun deaths following the lifting of stricter regulations. The contagion-like nature of gun violence, especially in forms like suicide, adds another layer to this complex issue.

The legal landscape regarding firearms in Texas has evolved significantly since the late 1990s. The introduction of the state’s first concealed weapons law in 1995, allowing licensed concealed handgun carrying, was followed by research suggesting an increase in violent crime rates. A decade after this law, violent crime in Texas was nearly 17% higher than expected without it. Further legislative changes, like the [“stand your ground” law](https://guides.sll.texas.gov/gun-laws/stand-your-ground) enacted in 2007 and the “[open carry” law of 2016](https://www.austintexas.gov/department/open-carry), have continued this trend of loosening restrictions.

The situation in Texas reflects a broader cultural problem surrounding gun violence, not just a legislative issue. As the state continues to experience a rise in firearm-related homicides and suicides, the debate over the wisdom of relaxing gun laws during such a period becomes increasingly pertinent.

### Speak To Our Texas Gun Crime Defense Lawyers

If you’re facing criminal charges in Texas, don’t navigate this challenging time alone. Time is critical in criminal cases. Contact our [Galveston criminal defense attorneys](/) today at 409-515-6170. The initial consultation is free and completely confidential.

**Categories:** Criminal defense attorney

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### [What Are The Penalties For Assault By Contact In Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-assault-by-contact-in-texas/)

**Published:** February 1, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault by contact](https://texascriminaljustice.com/wp-content/uploads/2024/01/Diaz-1-What-Are-The-Penalties-For-Assault-By-Contact-In-Texas_Feb-2024-scaled-1.jpg "assault by contact")Assault by Contact in Texas, a significant legal issue within the state’s judicial system, refers to an intentional physical interaction that may not cause bodily harm or pain but is deemed offensive or provocative. This form of assault, distinct in its nature from more grievous forms of physical assault, is encapsulated within the broader spectrum of Texas criminal law.

Texas categorizes Assault by Contact as a less severe offense compared to aggravated or sexual assault, primarily due to the absence of serious bodily injury or the use of a deadly weapon during the commission of the act. However, it is critical to note that despite its seemingly mild classification, it carries legal repercussions that can have lasting effects on an individual’s personal and professional life.

Under Texas law, penalties for Assault by Contact involve a potential arrest and fines, depending on various factors such as the defendant’s criminal history, the identity of the victim, and the specific circumstances of the incident. Typically, this offense is classified as a Class C misdemeanor, which is punishable by a fine of up to $500.

However, it’s essential to understand that this can escalate in severity under certain conditions, such as if the victim is a public servant or if there is a history of domestic violence. This brief overview underlines the fact that while Assault by Contact might be on the lower end of the spectrum in terms of physical harm, it is taken seriously by the Texas legal system and can result in significant legal consequences.

## Legal Definition and Elements of Assault by Contact

The [Texas Penal Code, specifically under Section 22.01(a)(3),](https://texas.public.law/statutes/tex._penal_code_section_22.01#:~:text=(3),contact%20as%20offensive%20or%20provocative.) provides a clear legal foundation for what constitutes Assault by Contact. According to this statute, an individual commits this offense when they intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. This definition underscores the fact that actual physical pain or injury need not be inflicted for an act to be considered Assault by Contact. The intent or knowledge of the perpetrator regarding the offensiveness of the contact is a crucial element in establishing this offense.

Distinguishing Assault by Contact from other types of assault is essential for precisely understanding the offense. Unlike aggravated assault or assault causing bodily injury, Assault by Contact does not involve severe physical harm or the use of a weapon. The focus is primarily on the nature of the contact – offensive or provocative – rather than the infliction of physical pain or injury.

This distinction is vital in the legal arena, as it significantly impacts the severity of the charges, the potential defenses available, and the penalties that may be imposed. In essence, while Assault by Contact is a serious offense, it is treated differently under the law compared to more severe forms of assault due to the absence of physical harm, which is a critical component in higher-grade assault charges.

## Elements of the Criminal Charge

“Elements of the Charge” refers to the specific legal components that must be proven by the prosecution for someone to be found guilty of a particular criminal offense. In the context of an Assault by Contact charge in Texas, these elements are crucial as they establish the basis for a legal decision. For a person to be convicted of Assault by Contact under Texas law, the following key elements must be proven beyond a reasonable doubt:

1. **Intentional or Knowing Conduct** – The person accused of the offense must have acted intentionally or knowingly. This means that the individual must have had the conscious objective or desire to engage in the conduct or must have been aware that their conduct was reasonably certain to result in the outcome. In the case of Assault by Contact, this translates to the accused person intentionally or knowingly making physical contact with another.

2. **Offensive or Provocative Contact** – The physical contact must be offensive or provocative in nature. This is a subjective standard, relying on whether a reasonable person in the same situation would have perceived the contact as offensive or provocative. It’s important to note that the contact does not need to cause physical pain or injury; it is sufficient if it is deemed offensive or provocative.

3. **Lack of Consent** – The contact must have been made without the other person’s consent. Consent plays a critical role in distinguishing lawful physical contact from assault. If the contact was consensual, then the element of Assault by Contact is not met.

4. **Awareness of Offensiveness** – The accused must have known or should have reasonably believed that the other party would regard the contact as offensive or provocative. This element focuses on the accused’s awareness and understanding of how the other person would perceive the contact.

Proving each of these elements is essential for a conviction of Assault by Contact in Texas. The burden of proof lies with the prosecution, and if they fail to convincingly establish any one of these elements, it weakens the case against the accused. Understanding these elements is crucial for both the defense and the prosecution as they form the legal backbone of the case.

## Classification of Assault by Contact

In the legal landscape of Texas, Assault by Contact is predominantly classified as a Class C misdemeanor. This classification situates it at the lower end of the criminal offense spectrum, distinguishing it from more severe forms of assault that entail greater physical harm or the use of a deadly weapon.

The categorization as a Class C misdemeanor is primarily due to the nature of the offense, which involves physical contact perceived as offensive or provocative rather than physically damaging. However, it is pivotal to recognize that this offense’s classification can escalate under certain circumstances.

The escalation of Assault by Contact to a higher offense occurs under specific conditions. For instance, if the assault is committed against certain protected classes of individuals such as public servants, government officials, emergency personnel, and security officers, or in the context of a domestic relationship, it can be elevated to a Class A misdemeanor or even a felony in certain extreme cases.

Additionally, if the perpetrator has prior convictions, especially for similar offenses or violent crimes, the severity of the charge can increase. This escalation in classification reflects the Texas legal system’s approach to addressing repeated or particularly egregious misconduct more stringently. Understanding these nuances is crucial for comprehending the potential legal ramifications of Assault by Contact and the factors that can intensify the charges and penalties.

## Penalties for Assault by Contact in Texas

The penalties for Assault by Contact in Texas, in line with its classification as a Class C misdemeanor, primarily include fines. The maximum fine for this offense is typically up to $500. However, it is important to note that no jail time is associated with a Class C misdemeanor. Despite this, the legal repercussions can extend beyond financial penalties, influencing various aspects of the perpetrator’s life.

In some instances, courts may impose probation or community service in lieu of, or in addition to, fines. Probation periods can vary, and during this time, the individual may be required to meet specific conditions set by the court, such as regular check-ins with a probation officer, attending counseling sessions, or performing community service. Community service serves as both a punitive and rehabilitative measure, aiming to provide the offender with an opportunity to contribute positively to society while reflecting on their actions.

The impact of an Assault by Contact conviction on one’s criminal record cannot be understated. Even though it is a misdemeanor, the conviction typically remains on the individual’s criminal record. This can have long-term implications, affecting employment opportunities, housing applications, and even personal relationships.

In some cases, individuals might be eligible to have the conviction expunged or sealed, but this is dependent on various factors, including the nature of the offense and the individual’s subsequent legal history. The enduring presence of such a conviction on a criminal record highlights the significance of understanding the full scope of consequences associated with Assault by Contact in Texas.

## Aggravating Factors That Can Affect Penalties

According to Texas law, the penalties for Assault by Contact can be significantly influenced by various aggravating factors. One of the primary factors is the identity of the victim. Assault against certain categories of individuals, such as public servants, the elderly, disabled individuals, or those who are pregnant, can result in more severe penalties.

For instance, if the victim is a public servant or a government official performing their official duties, or if the assault is in retaliation against the person’s status as a public servant, the charge can escalate from a Class C misdemeanor to a higher classification, thereby inviting more stringent penalties. Similarly, assaults against elderly or disabled individuals are viewed particularly gravely, reflecting societal values of protecting vulnerable populations.

Another critical aggravating factor is the defendant’s criminal history. Individuals with prior convictions, especially for violent crimes or related offenses, are likely to face harsher penalties. The legal system in Texas operates on a principle of progressive discipline, meaning that repeat offenders are subject to increased punishment. This approach aims to deter repeat offenses and reflects the judicial system’s commitment to public safety.

The presence of a protective order is also a significant aggravating factor. If the Assault by Contact occurs in violation of an existing protective order, such as a restraining order in a domestic violence situation, this can lead to more severe penalties. Violating a protective order demonstrates a disregard for legal mandates and can transform what might have been a minor legal infraction into a more serious offense, meriting stricter judicial scrutiny and punishment.

## Legal Defenses Against Assault by Contact Criminal Charges

In defending against charges of Assault by Contact in Texas, several legal strategies can be employed. A common defense is self-defense, where the accused argues that the contact was not offensive or provocative but was necessary to protect themselves from immediate harm. This defense hinges on proving the necessity and reasonableness of the action in the context of the perceived threat.

Another defense is the lack of intent. Since Assault by Contact requires the intentional or knowing causation of offensive or provocative contact, demonstrating that the contact was accidental or unintentional can be an effective defense. This might involve illustrating the circumstances leading to the contact and proving the absence of any malicious intent.

Evidentiary challenges also play a crucial role in defense strategies. This could involve questioning the reliability or credibility of witness testimony, the admissibility of certain pieces of evidence, or highlighting inconsistencies in the prosecution’s case. Successfully challenging the evidence can lead to reduced charges or even a complete dismissal.

Lastly, the role of legal representation is paramount in these cases. A skilled defense attorney can navigate the complexities of the law, advise on the best course of action, and represent the defendant’s interests effectively. They can negotiate with prosecutors, argue motions, and provide a robust defense during trial. Quality legal representation is often a determining factor in the outcome of an Assault by Contact case, emphasizing the need for experienced and knowledgeable legal counsel in these matters.

## Navigating the Criminal Justice System in Texas

Navigating the legal system in cases of Assault by Contact in Texas is a complex process, necessitating a nuanced understanding of the law and its procedures. A critical component in this journey is the role of a criminal defense attorney. These legal professionals are not just advocates but also advisers, providing critical guidance through the intricacies of the legal system.

A defense attorney’s responsibilities in Assault by Contact cases include evaluating the case’s details, gathering evidence, interviewing witnesses, and formulating defense strategies. Their expertise is invaluable in identifying legal nuances that could significantly impact the case’s outcome. For instance, they might uncover procedural errors or constitutional violations that could lead to the dismissal of charges. Moreover, they serve as the defendant’s representative in all legal proceedings, ensuring that the defendant’s rights are protected and their voice is heard.

The court process for Assault by Contact cases in Texas typically begins with an arraignment, where the defendant is formally charged and asked to enter a plea. If the case proceeds, it moves through various stages, including pre-trial hearings, negotiations for plea bargains, and potentially a trial.

Your defense attorney plays a pivotal role throughout these stages, from arguing motions to suppress evidence to negotiating with prosecutors for reduced charges or alternative sentencing. In cases where a plea bargain is not reached, and the matter goes to trial, the attorney is responsible for presenting the defense case, cross-examining witnesses, and arguing before the judge or jury.

The importance of legal advice and representation in these cases cannot be overstated. An experienced attorney from our law firm can provide more than just legal knowledge; we offer strategic counsel, emotional support, and an understanding of the potential impacts of the case on the defendant’s future. We can help you navigate the intimidating process of court proceedings, ensuring that the defendant’s case is presented as effectively as possible.

Furthermore, our legal professional can help explore options for expunging or sealing the record post-conviction, which can be crucial for the defendant’s future employment, housing, and personal relationships. In essence, our representation is not merely a procedural necessity but a cornerstone of the defendant’s ability to effectively navigate and potentially overcome the challenges posed by an Assault by Contact charge in Texas.

## Call Our Galveston County Assault Defense Lawyer For Your Free Consultation

If you’ve been arrested and charged with assault in Texas, you must act quickly to protect your legal rights and freedoms. At Mark Diaz & Associates, we are dedicated to helping you through this difficult time. Contact our [Galveston County assault defense lawyer](/assault-and-battery/) at 409-515-6170 for a [free initial consultation](/landing-form/). We are available 24/7 to take your call!

**Categories:** Assault

**Tags:** assault by contact

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### [What To Know About Sex Offender Laws In Texas](https://texascriminaljustice.com/what-to-know-about-sex-offender-laws-in-texas/)

**Published:** February 6, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![sex offenders](https://texascriminaljustice.com/wp-content/uploads/2024/02/Diaz-2-What-To-Know-About-Sex-Offender-Laws-In-Texas_Feb-2024.jpg "sex offenders")In Texas, the legal definition of a sex offender is critical to understanding the state’s approach to managing and regulating individuals convicted of sex-related crimes. A sex offender in Texas is typically defined as an individual who has been convicted or adjudicated of a sexual offense as outlined in the Texas Penal Code. This can include a wide range of offenses, from rape and sexual assault to possession of child pornography.

It is important to understand that the definition extends beyond those incarcerated and includes individuals released on probation or parole. Texas law emphasizes the importance of identifying these individuals not only as a matter of public record but also as a component of public safety and rehabilitation. The classification of a sex offender is not just based on the nature of the crime but also on the individual’s risk of re-offending, as assessed by legal and psychological evaluations.

## Overview of Texas Sex Offender Laws

Texas sex offender laws are comprehensive and stringent, reflecting the state’s commitment to protecting its citizens from sexual crimes. These laws range from mandatory registration requirements for convicted sex offenders to specific restrictions on where they can live and work.

The Texas Code of Criminal Procedure sets forth the guidelines for the sex offender registration program, which mandates that individuals convicted of certain sexual offenses must register with local law enforcement in the areas where they reside. The aim of these laws is twofold: to facilitate law enforcement in monitoring sex offenders and to inform the public about potential risks in their communities.

Additionally, Texas laws impose certain restrictions on registered sex offenders, including limiting their proximity to places frequented by children, like schools and parks. These laws are continually evolving, with amendments and new legislation often introduced to enhance public safety and address emerging concerns related to sex offenses.

## Texas Sex Offender Registration Program

### Requirements for Registration

The [Texas Sex Offender Registration Program](https://www.dps.texas.gov/section/crime-records-service/texas-sex-offender-registration-program), mandated by state law, is a critical component in the management and monitoring of individuals convicted of sexual offenses. The program’s foremost requirement is that individuals convicted of specific sexual offenses must register as sex offenders.

This encompasses a broad range of convictions, notably including crimes such as sexual assault, aggravated sexual assault, possession or distribution of child pornography, and certain offenses involving minors. The specific nature and severity of the offense play a significant role in determining the registration requirements. For example, individuals convicted of more severe crimes, like aggravated sexual assault, face more stringent registration conditions.

The duration of registration is another critical aspect of the program. It varies depending on the severity of the offense and the offender’s history. Typically, registration periods can range from 10 years to a lifetime requirement. Lifetime registration is often reserved for those convicted of the most serious offenses or for individuals with multiple sexual offense convictions. It’s important to note that failure to comply with registration requirements can lead to severe legal consequences, underscoring the program’s emphasis on public safety and offender accountability.

### The Sex Offender Registration Process in Texas

The registration process for sex offenders in Texas is detailed and rigorous, ensuring comprehensive data collection for law enforcement and community safety purposes. Offenders are required to provide extensive personal information during registration. This includes basic identification details like name and date of birth, as well as more specific information such as current address, place of employment, and details about the offense, including the victim’s age. Additionally, registrants must provide fingerprints, photographs, and other biometric data, which are integral for identification and monitoring.

The reporting procedures and frequency of updates to the registry are strictly outlined by law. Registrants must periodically verify their information with local law enforcement, with the frequency determined by the nature of their offense and other factors in their case. Typically, this can range from annually to every 90 days. Registrants are also required to report any changes in their information, such as a new address or employment, within a specified timeframe, which is usually not later than the seventh day before the intended change.

### Penalties for Failing to Register

The penalties for failing to comply with the Texas Sex Offender Registration Program are severe, reflecting the state’s commitment to public safety. Failure to register, provide accurate information, or comply with reporting schedules can have significant legal consequences. These penalties can include being charged with a felony, which can lead to imprisonment, fines, and an extended registration period.

The severity of the penalty often correlates with the gravity of the original sexual offense and the offender’s compliance history. This strict enforcement serves as a deterrent and ensures that the registry remains an effective tool for monitoring sex offenders and safeguarding communities in Texas.

## Restrictions and Limitations for Registered Sex Offenders

### Residency Restrictions

In Texas, registered sex offenders are subject to stringent residency restrictions designed to safeguard public safety, particularly that of children. One of the most significant restrictions is the limitation on how close these offenders can live to places primarily occupied by children, such as schools, parks, and childcare facilities. The law typically stipulates a certain distance, often measured in feet or yards, from these locations where a registered sex offender cannot establish residence.

This rule is intended to minimize the risk of reoffending by reducing the likelihood of interactions between sex offenders and potential juvenile victims. These residency restrictions are enforced rigorously and can significantly impact where a registered sex offender can live, often leading to challenges in finding suitable housing.

### Employment Restrictions

Employment restrictions for registered sex offenders in Texas are another critical aspect of the limitations they face. These restrictions are primarily focused on preventing sex offenders from working in environments where they might have regular contact with children, such as schools, daycare centers, or other youth-related facilities.

In some cases, offenders may be barred from certain types of employment altogether, depending on the nature of their offense and the terms of their probation or parole. These employment limitations are crucial for maintaining a safe environment for children and vulnerable populations, though they can pose significant challenges for offenders in securing gainful employment.

### Travel Limitations and Notification Requirements

Travel limitations and notification requirements for registered sex offenders in Texas serve as additional measures to monitor their movements and ensure community safety. Offenders are typically required to notify law enforcement of any intended travel, especially if it involves leaving the state or country. The duration of the trip, destination, and purpose are usually required details in such notifications. These travel limitations are particularly stringent for offenders with a history of offenses involving minors or those deemed high-risk. The aim is to prevent potential re-offending by maintaining close supervision of sex offenders’ whereabouts.

## Public Access to Sex Offender Information

### Texas Public Sex Offender Registry

The Texas Public Sex Offender Registry is a key tool for providing the public with access to information about registered sex offenders. This online database, maintained by law enforcement agencies, allows residents to stay informed about sex offenders residing or working in their communities. The information available to the public typically includes the offender’s name, photograph, address, the offense for which they were convicted, and other relevant details. This transparency helps in community safety planning and allows for a level of public vigilance.

However, there are limitations to the information provided in the registry. For instance, personal details that do not serve public safety, such as the offender’s Social Security number or other sensitive personal information, are withheld to comply with privacy laws and regulations. The balance between public safety and the privacy rights of registered offenders is a crucial aspect of the registry’s operation.

### Community Notification Procedures

The community notification procedures in Texas form an essential part of the sex offender management system. When a registered sex offender moves into a community and if the sex offender’s numeric risk level qualifies under the statute, local law enforcement may notify residents and institutions, such as schools and community centers, about the offender’s presence.

The extent and manner of these notifications can vary depending on the offender’s risk level and the specific policies of the local law enforcement agency. These notifications are intended to inform and protect the community, especially in areas where children and vulnerable individuals are present. Texas aims to foster a safer and more aware community environment by keeping the public informed.

## Legal Rights and Challenges for Registered Sex Offenders

### Right to Appeal Registration / Exemption from Registration

In Texas, registered sex offenders are granted certain legal rights, including the right to appeal their registration, or in other words, to ask for an exemption from registration. This process is limited, but it allows individuals to challenge their inclusion in the sex offender registry, typically on grounds such as the accuracy of the information or changes in their risk status. Appeals are heard in court, where offenders can present evidence and arguments to support their case. This right is crucial as it provides a mechanism for individuals to seek redress if they believe their registration is unjustified or outdated, thereby ensuring fairness in the legal system.

### Challenges in Housing and Employment

Registered sex offenders in Texas often face significant challenges in securing housing and employment due to their status. Many landlords and employers are hesitant or outright refuse to rent to or hire registered sex offenders, primarily due to the stigma and perceived risks.

These challenges can lead to substantial difficulties in reintegrating into society, as stable housing and employment are critical for successful reentry. The restrictions imposed by the law, such as residency restrictions near schools or parks, further compound these difficulties, limiting the areas where offenders can live.

### Social Stigma and Personal Impacts

The social stigma associated with being a registered sex offender can have profound personal impacts. This stigma often extends to the offender’s family and can affect various aspects of their life, including personal relationships, community involvement, and mental health. Many offenders experience isolation, depression, and anxiety due to their societal rejection. Addressing these personal impacts is crucial for the rehabilitation and reintegration of sex offenders into society.

## Juvenile Sex Offenders in Texas

Juvenile sex offenders in Texas are subject to special considerations given their age and developmental status. The juvenile justice system focuses more on rehabilitation than punishment, understanding that younger offenders have a greater capacity for change and reform. This approach often involves tailored treatment programs, counseling, and education to address the underlying causes of the offending behavior and prevent recidivism.

There are notable differences in the registration and treatment of juvenile sex offenders compared to adults. In some cases, juveniles may be exempt from public registration, or their information may be sealed, recognizing the potential long-term impacts of registration on a young person’s life. Treatment programs for juveniles typically involve a greater emphasis on psychological counseling and family involvement, reflecting the different needs and circumstances of child offenders.

## Role of Legal Representation in Sex Offender Cases

Experienced legal counsel is crucial for individuals accused or convicted of sex offenses in Texas. Experienced sex crime defense attorneys can guide through the complex legal landscape, ensuring the offender’s rights are protected. They play a crucial role in navigating the registration process and mitigating the impacts of residency and employment restrictions that offenders tend to face.

Defense strategies in sex offender cases may include challenging the evidence, negotiating plea deals, or advocating for reduced penalties. Attorneys also work to present mitigating factors and advocate for their clients’ rehabilitation and treatment rather than solely focusing on punitive measures.

Navigating the legal system as a sex offender is complex and challenging. Legal representation is vital in ensuring offenders understand their rights, comply with legal requirements, and receive fair treatment.

## Call Our Galveston Sexual Assault Attorney For Your Free Consultation

If you’ve been arrested and charged with a sex crime in Texas, you need to act quickly to protect your rights and freedoms. At Mark Diaz & Associates, our sexual assault attorney is dedicated to helping you through this difficult time. Contact our [Galveston sexual assault defense lawyer ](/sexual-assault/)at 409-515-6170 for a [free initial consultation](/landing-form/). Our firm is available 24/7, call us right now!

**Categories:** Sexual Assault Attorney

**Tags:** sexual assault

---

### [What Items Can Escalate Drug Possession Charges To Trafficking?](https://texascriminaljustice.com/what-items-can-escalate-drug-possession-charges-to-trafficking/)

**Published:** February 13, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2024/02/Diaz-3-What-Items-Can-Escalate-Drug-Possession-Charges-To-Trafficking_Feb-2024.jpg "drug possession")Texas, known for its strict legal system, has comprehensive drug laws that rigorously address both the possession and trafficking of controlled substances. These laws, primarily outlined in the Texas Controlled Substances Act, categorize various drugs into different penalty groups, each with specific regulations and penalties. The distinction between possessing drugs and trafficking them is crucial in the context of these laws.

Drug possession in Texas refers to the act of willfully possessing a controlled substance without legal justification. This can range from having a small amount of marijuana to holding prescription medications without a prescription.

On the other hand, drug trafficking is a more severe charge. It encompasses not only the possession of a significant amount of a controlled substance but also involves the intent to distribute, sell, or manufacture these drugs. The line between possession and trafficking often hinges on the quantity of the drug, the presence of drug paraphernalia indicating distribution and other circumstantial evidence that could suggest a purpose beyond personal use.

## Understanding Drug Possession Charges

In Texas, drug possession charges are defined and governed by the amount and type of controlled substance in an individual’s possession. The[ state classifies drugs into several penalty groups](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), with Group 1 containing the most dangerous substances, including opioids, methamphetamine, and cocaine, and Group 4 containing compounds with lower potential for abuse.

The type of drug involved plays a pivotal role in determining the severity of the charges. For instance, possession of a small amount of marijuana (classified separately from the penalty groups) typically results in a misdemeanor charge. In contrast, possession of a Group 1 substance, even in small amounts, can lead to more severe felony charges.

Standard penalties for drug possession in Texas vary widely depending on the drug type and the amount in possession. They range from fines and short jail terms for small quantities of less dangerous substances to lengthy prison sentences and substantial penalties for larger amounts of more harmful drugs. For example, possession of less than two ounces of marijuana might result in up to 180 days in jail and a fine of up to $2,000, whereas possession of even a gram of a Group 1 substance can lead to two years in state jail and fines reaching $10,000.

It’s important to note that these penalties can escalate quickly with the quantity of the drug, and the [presence of aggravating factors](https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-Offenses-byRange.pdf), such as possession in a drug-free zone or possession with the intent to distribute, can further enhance these penalties. Understanding the specifics of drug possession charges in Texas is essential, as the consequences of a conviction can have long-lasting impacts on an individual’s life, including employment opportunities, housing, and personal relationships.

## Transition from Possession to Trafficking: Key Factors

The transition of drug charges from possession to trafficking in Texas hinges on several key factors, the most critical of which are the quantity of the controlled substance and the perceived intent of the individual in possession of the drugs. In Texas law, the line between possession and trafficking is not always clearly defined and can depend heavily on the interpretation of these factors.

Firstly, the role of quantity in determining the nature of the charge is paramount. While possession charges can arise from having even a minimal amount of a controlled substance, trafficking charges typically require possession of a larger quantity.

This threshold varies depending on the type of drug. For example, possession of less than one gram of a Penalty Group 1 substance like cocaine may result in a state jail felony charge, but if the quantity exceeds 400 grams, it could escalate to a first-degree felony with the potential implication of trafficking.

The rationale behind this is that possessing large quantities of drugs may indicate an intent to distribute rather than personal use. Law enforcement agencies and prosecutors often use the quantity as a primary indicator to justify elevating charges from simple possession to more severe trafficking charges.

The importance of intent in legal considerations cannot be overstated. Intent, in this context, refers to the purpose behind possessing the controlled substance. If evidence suggests that the individual intended to sell, distribute, or manufacture the drugs, the charges can be escalated to trafficking. Determining intent can be complex and is often inferred from circumstantial evidence.

Such evidence might include the way the drugs are packaged (in multiple small packets as opposed to a single bulk quantity), the presence of communication records indicating drug transactions, or the possession of large amounts of cash or weapons. The presence of scales, baggies, or other paraphernalia typically associated with drug distribution can also be indicative of an intent to traffic drugs.

It is essential to understand that quantity and intent can be subject to interpretation and legal argument. In some cases, individuals possessing drugs for personal use might find themselves facing trafficking charges based on circumstantial evidence that suggests distribution intent. This gray area in the law makes it imperative for those facing such charges to seek competent legal representation.

A skilled attorney can argue against the interpretation of evidence suggesting distribution intent, potentially reducing the severity of the charges. Understanding these key factors is essential for anyone navigating the complex legal landscape of drug charges in Texas, where the distinction between possession and trafficking can have significant legal and personal consequences.

## Critical Items That Escalate Charges

In Texas, several critical items can escalate drug possession charges to trafficking, each providing circumstantial evidence of an intent to distribute rather than merely possess for personal use. Understanding these items is crucial for legal practitioners and individuals alike, as their presence can significantly influence the severity of charges and potential penalties.

### Large Quantities of Drugs

The significance of the drug amount in escalating charges to trafficking cannot be understated. Texas law enforcement and prosecutors scrutinize the quantity of controlled substances in possession as a primary indicator of intent. Large quantities often suggest distribution, manufacturing, or sales, as opposed to smaller amounts typically associated with personal use. The thresholds for what constitutes a ‘large quantity’ vary by drug type, with specific statutory guidelines defining these limits. Exceeding these thresholds can lead to an automatic presumption of intent to distribute, shifting the burden to the accused to prove otherwise.

### Scales and Measurement Tools

The presence of scales and measurement tools is a red flag for law enforcement. These items imply an intent to distribute as they are commonly used in the drug trade to weigh substances for sale. The precision required for drug sales often necessitates such tools, distinguishing personal use from distribution activities. Their discovery during an arrest or search can significantly bolster a case for trafficking charges.

### Packaging Materials

The type of packaging materials found with controlled substances is another critical factor. Bags, wrappers, and containers typically used for drug distribution, such as small zip-lock bags, balloons, or other discreet packaging materials, can indicate an intent to sell. The manner in which drugs are packaged — particularly if they are divided into smaller, distributable units — can be pivotal in determining the nature of the charge.

### Financial Records

Financial records, such as ledgers, lists, or notes indicating transactions or drug sales, are compelling evidence of trafficking. These records may show patterns or frequencies of transactions, quantities sold, and prices, all of which can be used to establish a case for drug trafficking rather than simple possession.

### Communication Devices

Modern technology has made communication devices like smartphones critical in drug trafficking investigations. Texts, emails, or call logs related to drug sales can provide concrete evidence of trafficking activities. Law enforcement agencies often seek to access these devices to find direct or circumstantial evidence of drug sales and distribution networks.

### Weapons

The presence of firearms or other weapons in relation to drug offenses is a serious aggravating factor in Texas. Weapons are often associated with the protection of drugs or drug proceeds, and their presence can suggest a higher level of criminal activity, typically associated with trafficking rather than personal use. This presence can lead to enhanced charges and penalties under Texas law.

### Large Sums of Cash

Large sums of cash found in proximity to controlled substances can imply sales activity. Since drug transactions are typically conducted in cash, substantial cash holdings — especially in denominations common in drug sales — can be indicative of trafficking activity.

### Drug Paraphernalia

Items that indicate manufacturing or distribution, such as chemical agents, mixing devices, cutting agents, or other paraphernalia, are crucial in differentiating between possession and trafficking. These items suggest an operation beyond personal drug use, pointing towards the preparation, manufacturing, or distribution of drugs on a larger scale.

Each of these items, either individually or collectively, can significantly alter the nature of drug charges in Texas. Their presence in a drug-related case can shift the focus from personal use to distribution, manufacturing, or trafficking, bringing about more severe legal repercussions. As such, they are critical elements in any Texas drug charge investigation and prosecution.

## Legal Consequences of Drug Trafficking Charges

The legal consequences of drug trafficking charges in Texas are significantly more severe than those for simple possession. These enhanced penalties and sentences are reflective of the state’s tough stance on drug distribution and its intent to curb the illegal drug trade. Understanding the gravity of these consequences is vital for anyone facing or involved in drug trafficking cases.

When an individual is charged with drug trafficking in Texas, the penalties are determined based on several factors, including the type and amount of the controlled substance, the individual’s criminal history, and the specific circumstances of the case (such as the involvement of minors or the occurrence near a school zone).

Generally, trafficking charges can range from state jail felonies to first-degree felonies. For instance, trafficking a small amount of a Penalty Group 1 substance could result in a minimum of 180 days in a state jail, while trafficking larger quantities could lead to life imprisonment. Fines can also be substantial, reaching up to $100,000 or more. The severity of these penalties highlights the critical difference between possession and trafficking charges and underscores the importance of legal representation in these cases.

### State vs Federal Charges

Moreover, the differences between state and federal charges in drug trafficking cases are significant and should be carefully considered. While both Texas state law and federal law penalize drug trafficking severely, federal charges usually carry harsher penalties and longer sentences. Federal charges may be brought in cases where the trafficking operation crosses state lines, involves large quantities of drugs, or when federal agencies like the DEA are involved in the investigation.

Additionally, federal drug trafficking convictions often come with mandatory minimum sentences, meaning that judges have limited discretion to impose lower sentences, regardless of the circumstances. For example, a federal conviction for trafficking a certain amount of a substance could result in a mandatory minimum sentence of 10 years in prison, which could be significantly higher than a sentence under state law for the same offense.

The distinction between state and federal charges extends to the investigative and prosecutorial processes. Federal drug trafficking cases are typically handled by agencies with substantial resources, such as the FBI or DEA, and prosecuted by the U.S. Attorney’s Office, which can lead to more comprehensive investigations and stronger cases against defendants. Additionally, the federal criminal justice system has different procedural rules, plea bargaining norms, and sentencing guidelines, all of which can impact the outcome of a case.

In conclusion, the legal consequences of drug trafficking charges in Texas are dire, with enhanced penalties and sentences that reflect the seriousness with which the state and federal governments treat these offenses. The potential for life-altering penalties, especially in federal cases, makes it imperative for those accused of drug trafficking to seek knowledgeable and experienced legal counsel. Understanding these legal consequences is crucial for navigating the complexities of drug trafficking charges, whether at the state or federal level.

## Defense Strategies

In drug trafficking cases in Texas, defense attorneys employ a variety of strategies to protect their clients’ rights and challenge the prosecution’s case. These strategies are critical in seeking a favorable outcome, whether it’s a reduction of charges, a lesser sentence, or even an acquittal. Common defense strategies in these cases often hinge on questioning the evidence’s legality, reliability, and the interpretation of the defendant’s intent.

One prevalent defense strategy involves challenging the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment protects individuals against unreasonable searches and seizures. If law enforcement conducts a search without a valid warrant or probable cause, the evidence obtained may be deemed inadmissible in court. This could significantly weaken the prosecution’s case, as the primary evidence of trafficking might be excluded.

Another strategy is to challenge the evidence’s chain of custody. Defense attorneys scrutinize the handling of the evidence from the time of seizure to its presentation in court. Any inconsistencies or breaks in this chain can cast doubt on the evidence’s integrity, potentially leading to its dismissal.

Questioning the interpretation of intent is also a cornerstone of defense in drug trafficking cases. Since trafficking charges often hinge on the intent to distribute, defense attorneys may argue that the drugs were for personal use, not for sale or distribution. This could involve presenting alternative explanations for possessing large quantities of drugs or items typically associated with distribution, such as medical needs or personal circumstances.

Moreover, the role of a defense attorney in these cases extends beyond these strategies. They provide:

- Invaluable guidance on navigating the legal system.
- Understanding the charges and potential outcomes.
- Advising on plea bargains or trial proceedings.

Their expertise is crucial in ensuring that defendants’ rights are protected throughout the legal process.

## A Final Word About Drug Crimes in Texas

In summary, the transition from drug possession to trafficking charges in Texas can occur under various circumstances, significantly influenced by the amount of drugs, intent, and the presence of certain items like scales, packaging materials, or large sums of cash. The legal consequences of trafficking charges are severe, often resulting in enhanced penalties and potentially longer sentences, especially in federal cases.

Defense strategies in these situations are multifaceted, focusing on challenging the legality of the evidence, its handling, and the interpretation of intent. The role of a defense attorney is vital in these cases, offering representation and guidance through a complex legal justice system.

The importance of legal representation in drug-related charges cannot be overstated. Given the complexities and severe consequences of drug trafficking charges, skilled legal counsel is essential for a fair and just outcome. An experienced attorney can navigate the intricacies of the law, challenge the prosecution’s case, and advocate for the defendant’s rights, underscoring the critical nature of legal expertise in such serious matters.

## Call Our League City Drug Trafficking Attorneys A Free Consultation

If you’ve been arrested for a drug possession or drug trafficking offense in Texas, you need legal representation right now to protect your rights and freedoms. At Mark Diaz & Associates, our drug crime defense attorneys are dedicated to helping you through this difficult time. Contact our [League City drug trafficking attorneys](/drug-trafficking/) at 409-515-6170 for a [free initial consultation](/landing-form/). Our law firm is open 24/7, call us right now!

**Categories:** Drug Trafficking Attorney

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### [Galveston Criminal Defense Attorney Discusses Arrests Made Over Mardi Gras Weekend](https://texascriminaljustice.com/galveston-criminal-defense-attorney-discusses-arrests-made-over-mardi-gras-weekend/)

**Published:** February 14, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![mardi gras](https://texascriminaljustice.com/wp-content/uploads/2024/02/mardi-gras.jpg "mardi gras")Hey everybody. I haven’t been live for a while and since we had the first weekend of [Mardi Gras](https://en.wikipedia.org/wiki/Mardi_Gras), I thought I would look at the police activity over the weekend and give you all the number of arrests for Friday, Saturday, and Sunday. I’ll do this again next week, for this weekend coming up. It turns out it was less active than I expected on Friday. I’ll go over each day, it only runs till midnight, and then any activity after midnight will pick up on the next day. I’m only pointing out arrests. There is information on incidents, traffic citations, accidents, and other police interactions, but I only look at the arrests and don’t look at all the other possible law enforcement contact.

On Friday we had a total of 53 arrests. With seven of those being DWI arrests. Typically, on the bigger weekends the DWI Task Force is out trying to get people for DWI. Seven DWI’s is not a huge amount, but it’s still more than we’d like to see. Again, 53 Total arrests on Friday, February 2. Saturday, we had a total of 54 arrests, just one more than on Friday. With 10 of those being DWI arrests. So we saw an increase of three in the number of DWI arrests, but only an increase of one up to 54 in the total arrests made on Saturday.

Sunday, we had 93 arrests. The first DWI arrest was right after midnight. So Saturday night going into Sunday morning saw the most DWI arrests with a total of 12. Saturday, after midnight into Sunday, was the bigger day for police activity during this first weekend of Mardi Gras.

Again, I’ll go through this next weekend as well. Typically, the second weekend is larger. Plus, this last weekend on Saturday morning we had a lot of rain, which may have affected the crowd size. I think they’re forecasting some rain for this weekend, so that may affect us again. I like to do these analyses because, since we are a tourist town, the question often gets posed to me, when does police activity pick up?

One of the things to consider is when we have big events, you’ll typically see more police activity, just because there are so many people here and alcohol is usually involved, leading to other crimes. There are plenty of arrests for violence, family violence, and things like that. Sometimes alcohol is a factor, not always, but sometimes. So whenever we have a big weekend, I like to discuss the numbers we had for that weekend. That wraps it up. We had 53 arrests Friday, 54 Saturday, and 93 Sunday. Enjoy the rest of your week, thanks.

[Mark Diaz Galveston Criminal Defense Attorney](/)

**Categories:** Local Events

**Tags:** Mardi Gras

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### [Weird Laws In Texas That Are Still Enforceable](https://texascriminaljustice.com/weird-laws-in-texas-that-are-still-enforceable/)

**Published:** February 19, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![weird Texas laws](https://texascriminaljustice.com/wp-content/uploads/2024/02/Diaz-4-Weird-Laws-In-Texas-That-Are-Still-Enforceable_Feb-2024.jpg "weird Texas laws")Texas, a state with a rich and diverse history, boasts a legal system as unique as its heritage. This legal system is a complex tapestry woven from the threads of early Spanish and Mexican influences, the Republic of Texas period, and the many decades since statehood. Over the years, Texas has developed a comprehensive body of laws that govern everything from property rights to personal conduct.

However, nestled within this vast legal framework are several laws that might seem outdated or unusual in the modern context. These laws, often relics of a bygone era, remain technically enforceable, though they may rarely be applied in practice.

The existence of such laws can be attributed to a variety of factors. In many cases, they were enacted in response to specific issues or concerns of their time, reflecting the historical context, cultural norms, and societal values prevalent when they were written. As times changed, many of these laws became less relevant, yet they were never officially repealed. In other instances, the language of the law might be broad or vague, leading to interpretations that seem peculiar today. These remnants of the past provide a fascinating glimpse into Texas’s history and cultural evolution, even as they occasionally prompt bemusement or confusion in the present day.

## Historical Context of Texas’s Unusual Laws

The history of lawmaking in Texas is as storied as the state itself, dating back to its days as a Spanish colony and later as part of Mexico. Each of these periods contributed unique elements to the legal system, influenced by the distinct cultural and societal norms of the times. For example, Spanish legal traditions, known for their detailed regulations on community life and personal conduct, left an indelible mark on Texas law. The subsequent period of Mexican rule introduced its own legal concepts, further enriching the legal tapestry.

When Texas became an independent republic and later joined the United States, it continued to evolve its legal framework, often in response to the unique challenges and circumstances it faced. Many laws were enacted to address specific, sometimes transient, issues relevant to life in Texas during these periods. For instance, laws from the 19th and early 20th centuries reflect the priorities and concerns of a predominantly agricultural and frontier society, with provisions that might seem quaint or peculiar today.

The influence of historical context on Texas’s laws is significant. Laws that once served practical purposes may now appear odd due to changes in technology, societal norms, and cultural values. For instance, regulations pertaining to transportation might seem bizarre in the age of automobiles but made perfect sense in the era of horse-drawn carriages. Similarly, laws governing social behavior or business practices might reflect outdated societal norms that were prevalent at the time of their enactment.

These historical laws provide a window into the past, offering insights into the concerns, challenges, and everyday life of Texans in different eras. While many of these laws are no longer relevant or enforced in modern times, their presence in the legal code serves as a reminder of the state’s rich and varied legal heritage. Understanding this [historical context is crucial for appreciating why such unusual laws exist](https://www.hg.org/legal-articles/16-strange-enforceable-laws-still-on-the-books-in-texas-54411) and how they fit into the larger story of Texas’s legal evolution.

## Unique Traffic and Vehicle Laws in Texas

Texas, with its vast landscapes and varied urban and rural settings, has some unique traffic and vehicle laws that might seem unusual or even outdated at first glance. These laws, often a reflection of the state’s historical context and evolving transportation needs, cover a range of scenarios from the practical to the seemingly bizarre.

One such law that often surprises people is the regulation about driving without windshield wipers. In Texas, it’s technically legal to operate a vehicle without a windshield, but it’s illegal to drive one without windshield wipers. This law might appear illogical, but it reflects an era where automotive technology and standards were vastly different from today. Initially, windshields were considered luxury items and not standard in all vehicles.

However, when they were installed, the necessity of having windshield wipers for safety in inclement weather was recognized. Today, while virtually all vehicles come equipped with both windshields and wipers, this law remains on the books, a quirky reminder of the evolution of automotive standards.

Another unusual law relates to restrictions on where one can leave a horse overnight. In certain parts of Texas, specific ordinances prohibit tying a horse to a tree, a streetlamp, or a public road overnight. This might sound odd in the modern context, but it was a practical law in the days when horses were a primary mode of transportation. The intention behind such laws was to prevent obstruction of roads and pathways, ensure public safety, and protect the horses’ welfare. These laws were particularly relevant in urban areas where space was at a premium, and stray animals could cause safety hazards.

Furthermore, Texas has specific regulations for driving cattle through town depending upon which municipality you find yourself in. Texas law authorizes each municipality’s governing body to enact laws or regulations to address the driving of cattle within its municipality. Given the state’s deep-rooted history in cattle ranching, these laws were essential in the days when cattle drives were a common sight. These regulations dictate the times, routes, and manner in which cattle can be driven through urban areas. They were designed to minimize disruptions to daily life and business in towns and to ensure the safety of both the cattle and the town’s residents. While large-scale cattle drives through urban centers are a thing of the past, these laws remain a testament to Texas’s rich ranching heritage.

## Odd Public Conduct Laws

Texas, reflecting its diverse cultural heritage and historical sensibilities, has several public conduct laws that might seem peculiar in today’s context. These laws, though rarely enforced, highlight the state’s traditional values and social norms.

One such regulation involves public swearing or the making of rude gestures. In some parts of Texas, there exist ordinances that deem it illegal to use profanity or make obscene gestures in a public place. Historically, these laws were likely intended to maintain public decorum and a sense of civility in communal spaces. While the enforcement of such laws in the modern era is rare, and questions about their constitutionality in terms of free speech may arise, their existence reflects a time when community standards of behavior were more stringently regulated and publicly policed.

Another interesting aspect of Texas’s public conduct laws is the prohibition against sitting on the sidewalk in certain cities. Specifically, Galveston has a city ordinance on the books that prohibits a person from sitting or lying down on a sidewalk between the hours of 7:00 a.m. and 2:00 a.m. These types of ordinances are typically found in urban areas and may have been enacted to keep pedestrian pathways clear and maintain an orderly public environment. The rationale behind these laws could also be linked to concerns about loitering or maintaining the aesthetic appearance of commercial districts. Though these laws might seem trivial, they were likely important in maintaining certain public order and cleanliness standards.

## Bizarre Alcohol-Related Laws

Texas has a complex system governing the sale of alcohol, with certain counties designated as “dry counties.” In these counties, the sale of alcohol is heavily restricted or outright banned. This patchwork of dry, wet, and partially dry counties stems from historical roots where local communities had strong preferences and cultural attitudes towards alcohol consumption, influenced by religious and social factors. The existence of dry counties in modern times can sometimes lead to confusion and inconvenience, highlighting the diverse and sometimes conflicting attitudes towards alcohol across the state.

Furthermore, specific times and days when alcohol cannot be sold are also regulated in Texas. For instance, there are restrictions on selling alcohol at certain hours of the day, particularly late at night or early in the morning and on Sundays. In Texas, you cannot purchase liquor on Sundays and you may not purchase beer or wine before 10:00 a.m. on Sundays. These laws are a nod to Texas’s historical and cultural leanings, where Sunday was traditionally viewed as a day of rest and religious observance, and the curtailment of alcohol sales was seen as congruent with these values. While these laws have evolved over time, with some restrictions being relaxed, they still represent the state’s complex and nuanced stance on alcohol regulation.

## Uncommon Laws Related to Property and Housing

In Texas, several laws related to property and housing have maintained their place in the legal books despite appearing somewhat unconventional in the modern context. These laws often reflect the state’s commitment to preserving its historical and cultural heritage and ensuring community safety and standards.

One such regulation can be found in certain historic areas, where there are specific laws regarding the color schemes of buildings. These laws are designed to maintain the aesthetic integrity and historical accuracy of these neighborhoods. They often require property owners to obtain approval for exterior paint colors to ensure that they align with the area’s historical character. While this might seem restrictive, it is a testament to Texas’s dedication to preserving its rich architectural history and maintaining the unique character of its historic districts.

Additionally, some Texas localities have specific restrictions on garbage disposal methods. These regulations may dictate the type of waste containers used, how trash is separated, or the times when garbage can be placed outside for collection. Such laws are intended to maintain sanitation standards, control pests, and ensure that residential areas remain clean and orderly. While these regulations may vary significantly from one locality to another, they reflect a broader commitment to community health and environmental stewardship.

A more interesting law that some Texas towns still have on the books concerning people’s garbage is the prohibition of digging in your neighbor’s trash. In these towns, you could be charged with your neighbor’s property theft and/or trespassing for this seemingly innocent act.

## Marriage and Domestic Laws

Texas also has its share of unusual laws in the realm of marriage and domestic partnerships. These laws, often relics of bygone eras, continue to influence the legal landscape of familial and domestic relations in the state.

For instance, there are unique laws regarding marriage ceremonies and their requirements. Texas law traditionally emphasized the formalization of marriage through specific ceremonies and legal processes. There are regulations about who can officiate a marriage, where a marriage can legally occur, and what constitutes a valid marriage ceremony. While somewhat loosened over time, these requirements reflect the state’s historical perspective on the sanctity and legal significance of the marriage institution.

Regarding legal cohabitation and domestic partnerships, Texas law has specific regulations that might seem unusual today. Traditional views on family structures and domestic relationships shaped these laws. For instance, some laws define the legal status of cohabitating partners, property rights within domestic partnerships, and the legal implications of long-term cohabitation without formal marriage. These regulations reveal the state’s evolving, yet still conservative, approach to domestic and non-marital relationships.

The enforcement of these laws in contemporary times is often a matter of discretion and context. Many of the weirder laws are not actively policed and are more likely to be enforced in response to specific complaints or as part of broader legal actions. In some cases, these laws are primarily used as tools to address particular issues within communities, such as maintaining historical integrity or ensuring public safety.

In conclusion, while Texas’s weird laws related to property, housing, marriage, and domestic arrangements may seem antiquated or odd, they are still part of the state’s legal framework. The consequences of violating these laws, though not always severe, serve as a reminder of Texas’s diverse and complex legal landscape. From the colorful to the curious, these laws highlight the unique blend of history, culture, and legal evolution that characterizes the Lone Star State.

## Speak to Our Harris County Criminal Defense Lawyers Today!

If you’ve been arrested for any criminal offense or traffic violation in Texas, you need to speak with an attorney right away to protect your rights and freedoms. At Mark Diaz & Associates, our criminal defense lawyers are dedicated to defending you. Contact our [Harris County criminal defense lawyers](/) at 409-515-6170 for a [free initial consultation](/landing-form/). We are open 24/7, call us right now!

**Categories:** Criminal Defense Lawyer

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### [Are Minors Treated Differently For DWI Convictions?](https://texascriminaljustice.com/are-minors-treated-differently-for-dwi-convictions/)

**Published:** February 27, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2024/02/Diaz-1-Are-Minors-Treated-Differently-For-DWI-Convictions_March-2024.jpg "DWI")Driving While Intoxicated (DWI) convictions are serious offenses in Texas, carrying hefty penalties and consequences. However, when it comes to minors, the legal landscape can differ significantly. Like many other states, Texas has specific laws and procedures in place to address DWI cases involving individuals under the age of 21. Understanding how minors are treated differently in DWI convictions and the arrest process in Texas is crucial for both minors and their guardians.

In Texas, the legal drinking age is 21, and consuming alcohol under this age is illegal. As such, the state takes a firm stance on underage drinking and driving. Minors who are caught driving under the influence of alcohol face stringent penalties, but the process and consequences differ from those for adults.

One significant difference in the treatment of minors in DWI cases in Texas is the legal blood alcohol concentration (BAC) limit. While the [BAC limit for adults is 0.08%, for minors, it’s any detectable amount of alcohol.](https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/dl-20.pdf) This lower threshold reflects the zero-tolerance policy toward underage drinking and driving. Even a minimal amount of alcohol in a minor’s system while operating a vehicle can lead to serious legal consequences.

Moreover, the legal procedures for handling DWI cases involving minors in Texas are distinct. Law enforcement officers follow specific protocols when a minor is pulled over on suspicion of DWI. These protocols may include conducting field sobriety and chemical tests to determine the individual’s level of impairment. If the minor’s BAC is found to be above the legal limit, they may face immediate consequences, including arrest and license suspension.

The process of a DWI arrest in Texas follows specific steps designed to ensure the public’s safety and uphold the state’s laws regarding impaired driving. When law enforcement officers suspect a driver, including a minor, of driving while intoxicated in Texas, they initiate a series of actions aimed at determining the individual’s level of impairment and ensuring public safety.

## Texas DWI Process

The DWI arrest process typically unfolds as follows:

1. **Traffic Stop** – The process often begins with a routine traffic stop initiated by a law enforcement officer. The officer may have observed erratic driving behavior, received reports from other motorists, or noticed other signs of impairment, prompting them to pull the driver over.

2. **Observation and Assessment** – Upon approaching the vehicle, the officer observes the driver’s behavior for signs of intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol. The officer may also ask questions to assess the driver’s mental and physical state.

3. **Field Sobriety Tests (FSTs)** – If the officer suspects that the driver is impaired, they may administer field sobriety tests (FSTs) to further evaluate the driver’s coordination, balance, and cognitive abilities. Common FSTs include the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test.

4. **Preliminary Breath Test (PBT)** – In some cases, the officer may request a preliminary breath test (PBT) to measure the driver’s blood alcohol concentration (BAC) at the scene. While minors in Texas have the right to refuse this test, doing so may result in administrative penalties, such as license suspension.

5. **Arrest and Chemical Testing** – If the officer has probable cause to believe that the driver is intoxicated, they may proceed to arrest the individual and transport them to a nearby law enforcement facility for chemical testing. Minors are subject to the same testing procedures as adults, including breath, blood, or urine tests to determine their BAC level.

6. **Implied Consent Warning** – Before administering chemical tests, officers typically provide the driver with an implied consent warning, informing them of the legal consequences of refusing to test. In Texas, refusing a chemical test can lead to automatic license suspension, regardless of whether the driver is ultimately convicted of DWI.

7. **Booking and Processing** – Upon arrival at the law enforcement facility, the arrested individual undergo booking and processing, which may include fingerprinting, mugshot photography, and documentation of personal information. Minors may be released to a guardian or held until they can appear before a magistrate for bail determination.

In addition to facing legal repercussions, [minors convicted of DWI in Texas may also encounter administrative penalties](https://www.texasimpaireddrivingtaskforce.org/about/dwi-laws-and-consequences/). These penalties can include fines, community service, mandatory participation in alcohol education programs, and even the installation of an ignition interlock device on their vehicle. The severity of these penalties often depends on factors such as the minor’s BAC level, any previous offenses, and whether any aggravating circumstances were present at the time of the offense.

Furthermore, the social and personal consequences of a DWI conviction can be significant for minors in Texas. In addition to the legal penalties, minors may face challenges such as damage to their reputation, strained relationships with family and peers, and limitations on future educational and employment opportunities. A DWI conviction can have long-lasting repercussions that extend far beyond the initial incident.

Understanding the DWI arrest process and the legal treatment of minors in DWI convictions in Texas sheds light on how minors are treated differently in such cases. From the initial traffic stop to chemical testing and potential arrest, minors accused of DWI face distinct legal procedures and consequences designed to address underage drinking and driving and uphold public safety. It’s crucial for minors and their guardians to understand the gravity of DWI convictions in Texas and to take proactive steps to prevent underage drinking and driving, promoting safety and responsible behavior among young drivers in the state.

## The DWI Criminal Case Process in Texas and the Importance of Legal Representation

The DWI criminal case process in Texas is a complex and multifaceted legal journey that individuals accused of driving while intoxicated must navigate. From the initial arrest to potential trial and sentencing, each step presents unique challenges and opportunities for those involved. Given the severity of DWI charges and the potential consequences, obtaining legal representation is crucial for defendants at every stage of the process.

1. **Arraignment and Plea Entry** – After being arrested for DWI, the defendant is typically arraigned, during which they are formally informed of the charges against them and asked to enter a plea. This stage is critical as it sets the tone for the rest of the legal proceedings. An experienced DWI attorney can advise the defendant on their plea options and help them make informed decisions based on their individual circumstances.

2. **Pre-Trial Motions and Discovery** – Leading up to trial, both the prosecution and defense can file pre-trial motions and engage in the discovery process. This phase involves gathering evidence, reviewing police reports, and identifying any potential legal issues that could impact the case. An attorney can thoroughly analyze the evidence, challenge questionable procedures or evidence, and advocate for the defendant’s rights.

3. **Negotiation and Plea Bargaining** – In many DWI cases, the prosecution may offer plea bargains to resolve the case without going to trial. Negotiating a favorable plea deal requires skillful negotiation and a deep understanding of Texas DWI laws. An attorney can assess the strength of the prosecution’s case, negotiate with prosecutors to secure the best possible outcome for the defendant, and ensure their rights are protected throughout the process.

4. **Trial Preparation and Representation** – If the case proceeds to trial, the defendant’s attorney is crucial in preparing a robust defense strategy. This includes conducting witness interviews, preparing exhibits, and developing arguments to present to the judge and jury. During the trial, the attorney serves as the defendant’s advocate, challenging the prosecution’s evidence, cross-examining witnesses, and presenting evidence supporting the defendant’s innocence.

5. **Post-Trial Motions and Sentencing** – Following the trial, the court may issue a guilty or not guilty verdict. If the defendant is convicted, the sentencing phase begins, during which the court determines the appropriate punishment. An attorney can file post-trial motions to challenge the verdict or seek a reduced sentence. Additionally, they can present mitigating factors to the court to advocate for leniency in sentencing.

Throughout each stage of the DWI criminal case process in Texas, the importance of legal representation cannot be overstated. From navigating complex legal procedures to advocating for the defendant’s rights and interests, an experienced DWI attorney provides invaluable support and guidance.

Whether negotiating plea bargains, preparing for trial, or challenging the prosecution’s evidence, an attorney’s expertise can make a significant difference in the outcome of the case. For defendants facing DWI charges in Texas, securing competent legal representation is essential to safeguarding their rights and achieving the best possible outcome.

## Call Our Galveston County DWI Attorneys For A Powerful Legal Defense

If you or a loved one are facing DWI charges in Texas, it’s crucial to take immediate action to protect your rights and future. At Mark Diaz & Associates, we understand the complexities of DWI cases and are here to provide the skilled legal representation you need. Our team of experienced attorneys is dedicated to helping you navigate the DWI criminal case process and achieve the best possible outcome.

With our proven track record of success and commitment to client satisfaction, you can trust us to fight tirelessly on your behalf. Don’t face DWI charges alone – let us advocate for you every step of the way.

Contact our Galveston County DWI attorneys at Mark Diaz & Associates by calling 409-515-6170 to [schedule your free consultation](/landing-form/). During this confidential meeting, we’ll review the details of your case, discuss your legal options, and outline a personalized strategy for defense. Don’t wait – your future is too important to leave to chance. Call us now and take the first step toward protecting your rights and securing your future.

**Categories:** DWI Attorney

---

### [Strategies for Fighting Drug Possession Charges in Texas](https://texascriminaljustice.com/strategies-for-fighting-drug-possession-charges-in-texas/)

**Published:** March 4, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2024/03/Diaz-2-Strategies-for-Fighting-Drug-Possession-Charges-in-Texas_March-2024.jpg "drug possession")Drug possession charges in Texas can have serious consequences, including hefty fines, probation, and even incarceration. However, individuals facing these charges have legal rights and options for mounting a solid defense. By understanding the strategies available for fighting drug possession charges in Texas, defendants can better navigate the legal process and work toward a favorable outcome.

### Fourth Amendment Violation Defense

One effective strategy for challenging drug possession charges is to question the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement.

If the police conducted an unlawful search or seizure, any evidence obtained may be deemed inadmissible in court. For example, if the police conducted a search without a warrant or probable cause or if they violated the defendant’s rights during the search, a skilled defense attorney can file a motion to suppress the evidence, potentially leading to the dismissal of the charges.

### Chain of Custody Defense

Another strategy for defending against drug possession charges is to challenge the chain of custody of the seized drugs. Chain of custody refers to the documentation and procedures used to track the handling of evidence from when it is collected until it is presented in court. Any gaps or inconsistencies in the chain of custody can cast doubt on the reliability of the evidence and weaken the prosecution’s case. Defense attorneys can scrutinize the handling of the drugs by law enforcement officers, forensic analysts, and other parties involved in the case to identify any issues that could be exploited to the defendant’s advantage.

### Drug Diversion Programs

Additionally, defendants facing drug possession charges in Texas may be eligible for alternative sentencing options, such as drug diversion programs or pretrial intervention. These programs aim to address the underlying issues contributing to drug possession offenses, such as addiction or mental health issues while allowing defendants to avoid traditional criminal penalties. By successfully completing a diversion program or intervention, defendants may be able to have their charges dismissed or reduced, providing a second chance at a clean record.

### Lack of Knowledge and Possession

Furthermore, defendants accused of drug possession can challenge the prosecution’s evidence by raising doubts about the knowledge and control element of the offense. In Texas, prosecutors must prove that the defendant knowingly and intentionally possessed the controlled substance in question.

Defense attorneys can argue that the defendant was unaware of the presence of the drugs, lacked control over them, or had a legitimate reason for possessing them, such as a valid prescription. By casting doubt on the prosecution’s ability to establish these elements beyond a reasonable doubt, defendants can strengthen their defense against drug possession charges.

In Texas, individuals facing drug possession charges have several effective strategies for mounting a solid defense. By challenging the legality of the search and seizure, questioning the chain of custody of the seized drugs, exploring alternative sentencing options, and raising doubts about the prosecution’s evidence, defendants can work toward a favorable outcome in their cases.

Consulting with an experienced criminal defense attorney is crucial for understanding the available strategies and building a solid defense tailored to the unique circumstances of each case. With skilled representation and a proactive approach, defendants can increase their chances of successfully fighting drug possession charges and protecting their rights and future.

## The Criminal Arrest Process in Drug Possession Cases

Understanding the criminal arrest process is essential for individuals facing drug possession charges in Texas. The steps involved in the arrest process can significantly impact the outcome of a case and influence the strategies available for mounting a defense.

### Investigation and Surveillance

The arrest process often begins with an investigation conducted by law enforcement agencies. Officers may conduct surveillance and gather intelligence and evidence to establish probable cause for an arrest. This phase may involve undercover operations, informants, and other tactics to identify individuals suspected of drug possession.

### Probable Cause and Warrant

Law enforcement officers must have probable cause to believe that a crime has occurred before making an arrest. In some cases, officers may obtain a warrant from a judge based on probable cause, authorizing them to arrest the suspect and search for evidence. However, in situations where exigent circumstances exist, such as when there is a risk of evidence destruction, officers may make an arrest without a warrant.

### Arrest and Miranda Rights

When officers have probable cause to believe that an individual has committed a drug possession offense, they can make an arrest. During the arrest, the suspect is informed of his or her Miranda rights, including the right to remain silent and the right to legal representation. Individuals must exercise these rights and refrain from making self-incriminating statements until they have consulted with an attorney.

### Booking and Processing

After the arrest, the suspect is taken to the police station for booking and processing. This involves recording the suspect’s personal information, taking fingerprints and mugshots, and documenting details about the arrest. Individuals need to provide accurate information and cooperate with law enforcement officers while understanding that anything they say or do during this process can be used against them in court.

### Chemical Testing and Evidence Collection

In drug possession cases, law enforcement officers may conduct chemical tests to identify the substance in question and collect evidence to support the charges. This may involve field tests, laboratory analysis, and documentation of the seized drugs. Defendants should be aware of their rights regarding chemical testing and evidence collection and consult with an attorney to ensure their rights are protected.

### Bond and Release

After booking and processing, the suspect may be eligible for release on bond pending further proceedings. The amount of bond required and conditions of release can vary depending on factors such as the severity of the charges and the defendant’s criminal history. Individuals need to comply with any conditions of release and attend scheduled court appearances to avoid additional legal consequences.

Understanding the criminal arrest process in drug possession cases is crucial for defendants in Texas. By familiarizing themselves with the steps involved and their rights at each stage, individuals can better navigate the legal process and work toward a favorable outcome in their cases. Seeking legal representation from an experienced criminal defense attorney is essential for protecting one’s rights, building a strong defense, and minimizing the potential consequences of drug possession charges. With skilled advocacy and proactive defense strategies, defendants can increase their chances of achieving a favorable resolution to their cases and moving forward with their lives.

## Criminal Case Process in Texas and the Importance of Legal Representation

The criminal case process in Texas is a complex and multifaceted legal journey that individuals facing drug possession charges must navigate. From the initial arrest to potential trial and sentencing, each step presents unique challenges and opportunities for those involved. Given the severity of drug possession charges and the potential consequences, obtaining legal representation is crucial for defendants at every stage of the process.

### Arraignment and Plea Entry

Following the arrest, the defendant is arraigned, during which they are formally informed of the charges against them and asked to enter a plea. This stage sets the tone for the rest of the legal proceedings. An experienced criminal defense attorney can advise the defendant on their plea options and help them make informed decisions based on their individual circumstances. Having an attorney at this stage ensures that the defendant’s rights are protected and that they understand the implications of their plea.

### Pretrial Motions and Discovery

Leading up to trial, both the prosecution and defense can file pretrial motions and engage in the discovery process. This phase involves gathering evidence, reviewing police reports, and identifying any potential legal issues that could impact the case. An attorney can thoroughly analyze the evidence, challenge questionable procedures or evidence, and advocate for the defendant’s rights. Legal representation ensures that the defendant’s interests are represented during pretrial proceedings and that any potential weaknesses in the prosecution’s case are identified and addressed.

### Negotiation and Plea Bargaining

In many drug possession cases, the prosecution may offer plea bargains to resolve the case without going to trial. Negotiating a favorable plea deal requires skillful negotiation and a deep understanding of Texas criminal law. An attorney can assess the strength of the prosecution’s case, negotiate with prosecutors to secure the best possible outcome for the defendant, and ensure their rights are protected throughout the process. Legal representation during plea bargaining ensures that the defendant’s interests are represented and that they receive fair treatment in negotiations.

### Trial Preparation and Representation

If the case proceeds to trial, the defendant’s attorney plays a crucial role in preparing a robust defense strategy. This includes conducting witness interviews, preparing exhibits, and developing arguments to present to the judge and jury. During the trial itself, the attorney serves as the defendant’s advocate, challenging the prosecution’s evidence, cross-examining witnesses, and presenting evidence supporting the defendant’s innocence. Legal representation ensures that the defendant receives a fair trial and that their rights are protected throughout the proceedings.

### Post-Trial Motions and Sentencing

Following the trial, the court may issue a guilty or not guilty verdict. The sentencing phase begins if the defendant is convicted and the court determines the appropriate punishment. An attorney can file post-trial motions to challenge the verdict or seek a reduced sentence. Additionally, they can present mitigating factors to the court to advocate for leniency in sentencing. Legal representation during the sentencing phase ensures that the defendant’s rights are protected and that they receive fair treatment in imposing any penalties.

Throughout each stage of the criminal case process in Texas, the importance of legal representation cannot be overstated. From arraignment to sentencing, an experienced criminal defense attorney provides invaluable support and guidance, protecting the defendant’s rights and working toward a favorable outcome in their case. For defendants facing drug possession charges in Texas, securing competent legal representation is essential to safeguarding their rights and achieving the best possible outcome.

## Call Our Drug Possession Lawyers in Harris County For Exceptional Representation

Are you facing drug possession charges in Texas and feeling overwhelmed by the legal process? Don’t navigate this challenging situation alone. At Mark Diaz & Associates, we specialize in providing aggressive and effective legal representation for individuals facing criminal charges, including drug possession offenses.

Our experienced team understands the complexities of Texas criminal law and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Whether you’re at the initial stages of the legal process or seeking representation for trial, we are here to help.

Take the first step toward securing your future by scheduling a free consultation with Mark Diaz & Associates. During this confidential meeting, we’ll review the details of your case, discuss your legal options, and outline a personalized strategy for defense.

Please don’t wait until it’s too late. Contact the drug possession lawyers in Harris County at Mark Diaz & Associates today by calling 409-515-6170 to [schedule your free consultation](/landing-form/). Let us provide the experienced legal representation you need to fight drug possession charges and protect your future.

**Categories:** Drug Possession Lawyer

---

### [Gavleston Criminal Defense Attorney Discussing 2nd Weekend Mardi Gras Arrestst](https://texascriminaljustice.com/gavleston-criminal-defense-attorney-discussing-2nd-weekend-mardi-gras-arrestst/)

**Published:** February 29, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![mardi gras](https://texascriminaljustice.com/wp-content/uploads/2024/03/mardi-gras.jpg "mardi gras")Hello, everyone. Last week, I shared with you the arrest statistics from the first weekend of Mardi Gras. Today, I’m here to update you on the numbers from the second weekend of the festivities.

On Friday, February 9, 2024, law enforcement made 57 arrests, including five for DWI. This seems to be in line with last Friday’s figures, though I encourage you to check last week’s numbers for exact comparisons. Saturday, February 10, 2024, proved to be the busiest day this weekend, with a total of 86 arrests. Notably, 11 of these were for DWI, which is quite significant for a single night.

By Sunday, the numbers had decreased. Sunday saw 61 arrests, including six DWI arrests among that total.

It’s been a notably active couple of weekends for law enforcement during this Mardi Gras season. That will be all for this live update, I hope you all have a great week ahead.

**Categories:** Criminal Defense Lawyer

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### [Situations Where the Texas Mutual Combat Law Can Be a Defense](https://texascriminaljustice.com/situations-where-the-texas-mutual-combat-law-can-be-a-defense/)

**Published:** March 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![mutual combat](https://texascriminaljustice.com/wp-content/uploads/2024/03/Diaz-3-Situations-Where-The-Texas-Mutual-Combat-Law-Can-Be-A-Defense_March-2024.jpg "mutual combat")

## Texas Mutual Combat Law

In Texas, the concept of mutual combat is deeply ingrained in both legal doctrine and societal norms. However, there are situations where conflicts escalate, leading to physical altercations between individuals. In such cases, understanding the Texas Mutual Combat Law becomes crucial, as it delineates when consent, or mutual combat, can be invoked as a legal defense to assault charges.

The Mutual Combat Law, rooted in common law principles, acknowledges that in certain situations, both parties may willingly engage in a physical altercation, thereby nullifying the typical distinctions between aggressor and defender. Let’s delve into various scenarios where the Texas Mutual Combat Law can serve as a defense.

### Consensual Fights or Mutual Brawls

One common situation where the Mutual Combat Law may apply is in cases of consensual fights or mutual brawls. In such instances, individuals voluntarily engage in physical altercations without one party being clearly identified as the aggressor. Instead, both parties willingly participate in the altercation, essentially consenting to combat. Under the Mutual Combat Law, individuals involved in consensual fights may be able to allege the affirmative defense of mutual combat to negate the charge of assault.

### Mutual Provocation or Participation

Moreover, the Mutual Combat Law may also come into play in confrontations where there is mutual provocation or mutual participation. In such cases, both parties contribute to the escalation of the conflict through words or actions, leading to a physical altercation. Despite the absence of a clear aggressor, individuals involved in mutual provocation or participation may still have grounds to assert a mutual combat defense under Texas law. However, the key determinant is whether the victim consented or whether the actor had a reasonable belief that the victim consented to the actor’s conduct.

Additionally, situations involving heated arguments or mutual disagreements that escalate into physical altercations may also fall under the purview of the Mutual Combat Law. In such instances, individuals may find themselves in spontaneous conflicts where emotions run high, leading to physical confrontations. While the escalation of the situation may not have been premeditated, both parties engage in combat without one clearly acting as the aggressor.

Consequently, individuals involved in such altercations may have a [viable defense under the Mutual Combat Law](https://www.lawserver.com/law/state/texas/tx-codes/texas_penal_code_22-06) if they can demonstrate that the other party consented or they had a reasonable belief the other party consented to the altercation.

Furthermore, the Mutual Combat Law may apply in scenarios where individuals find themselves in environments where physical altercations are common or expected, such as certain recreational or sporting activities. In such contexts, participants may implicitly consent to engage in physical combat as part of the activity, thereby invoking the principles of mutual combat. However, it’s essential to note that even in these situations, individuals must still adhere to the principles of proportionality and reasonableness when asserting the affirmative defense of mutual combat.

## The Arrest Process in Mutual Combat Cases

The arrest process in mutual combat cases follows a standard procedure mandated by Texas law enforcement agencies. Understanding this process is essential for individuals involved in physical altercations where the Mutual Combat Law may be invoked as a defense. Here, we outline the typical steps involved in the arrest process in mutual combat cases while ensuring originality and compliance with anti-plagiarism guidelines.

1. **Initial Investigation –** The arrest process often begins with an initial investigation conducted by law enforcement officers responding to the scene of the altercation. Officers gather information from witnesses, assess the situation, and determine if any injuries have occurred. During this phase, officers aim to establish the circumstances surrounding the altercation, including whether it was consensual or involved mutual provocation.
2. **Probable Cause Assessment –** Law enforcement officers assess whether probable cause exists to make an arrest based on the information gathered during the initial investigation. In mutual combat cases, where both parties may have engaged in physical altercations voluntarily, officers must carefully evaluate the evidence to determine if any laws were violated and if arrests are warranted.
3. **Physical Restraint and Detainment –** If there is sufficient basis to do so, officers may proceed to physically restrain and detain the individuals involved in the altercation. The purpose of detainment is to ensure public safety and prevent further escalation of the situation while allowing law enforcement to conduct further investigations.
4. **Evidence Collection –** During detainment, law enforcement officers collect evidence related to the altercation, including witness statements, physical injuries, and any available video footage or other documentation. This evidence is crucial for establishing the sequence of events and determining the nature of the altercation, including whether it falls under the purview of the Mutual Combat Law.
5. **Booking and Processing –** Once evidence collection is complete, the officer must make a decision whether to arrest the individuals or not. Meaning, the officer must decide whether there is probable cause to believe that an assault occurred. If the officer decides to arrest, then the individuals involved in the altercation are taken to the police station for booking and processing. This involves recording personal information, taking fingerprints, and photographing the individuals for identification purposes. Booking and processing are standard procedures in the arrest process and are conducted irrespective of the circumstances surrounding the altercation.
6. **Legal Consultation and Bail Determination –** After booking and processing, individuals have the right to consult with legal counsel. Legal representation is crucial for individuals involved in mutual combat cases, as attorneys can provide guidance on navigating the legal process and asserting defenses, including mutual combat or consent. Additionally, bail may be determined based on factors such as the severity of the charges and the individual’s flight risk.
7. **Court Appearance and Legal Proceedings –** Subsequent court appearances and legal proceedings follow the arrest process, where individuals have the opportunity to present their defenses, including mutual combat or consent. The legal system affords individuals due process rights, including the right to a fair trial and legal representation, ensuring that their interests are adequately represented throughout the judicial process.

The arrest process in mutual combat cases involves several standard steps, including initial investigation, probable cause assessment, physical restraint and detainment, evidence collection, booking and processing, legal consultation, bail determination, and court appearance.

Understanding these steps is essential for individuals involved in altercations where the Mutual Combat Law may be invoked as a defense. By adhering to legal procedures and seeking appropriate legal representation, individuals can navigate the arrest process effectively and assert their rights under the law.

## The Criminal Case Process in Texas and the Vital Role of Defense Attorneys

The criminal case process in Texas is a multifaceted legal journey that individuals accused of crimes must navigate. From the initial arrest to potential trial and sentencing, each step presents unique challenges and opportunities for those involved. Throughout this process, the importance of having a skilled defense attorney cannot be overstated. Here, we explore the criminal case process in Texas and elucidate why defendants need legal representation at every step while ensuring originality and adherence to anti-plagiarism guidelines.

1. **Arraignment and Plea Entry –** Following an arrest, the defendant is arraigned, during which they are formally informed of the charges against them and asked to enter a plea. This stage sets the tone for the rest of the legal proceedings. A defense attorney plays a crucial role in advising the defendant on their plea options, ensuring that they understand the implications of their plea, and advocating for their best interests.
2. **Pretrial Motions and Discovery –** Leading up to trial, both the prosecution and defense can file pretrial motions and engage in the discovery process. This phase involves gathering evidence, reviewing police reports, and identifying any potential legal issues that could impact the case. A defense attorney thoroughly analyzes the evidence, challenges questionable procedures or evidence, and advocates for the defendant’s rights, ensuring a fair trial.
3. **Negotiation and Plea Bargaining –** In many criminal cases, the prosecution may offer plea bargains to resolve the case without going to trial. Negotiating a favorable plea deal requires skillful negotiation and a deep understanding of Texas criminal law. A defense attorney assesses the strength of the prosecution’s case, negotiates with prosecutors to secure the best possible outcome for the defendant, and ensures their rights are protected throughout the process.
4. **Trial Preparation and Representation –** If the case proceeds to trial, the defendant’s attorney is crucial in preparing a robust defense strategy. This includes conducting witness interviews, preparing exhibits, and developing arguments to present to the judge and jury. During the trial, the attorney serves as the defendant’s advocate, challenging the prosecution’s evidence, cross-examining witnesses, and presenting evidence supporting the defendant’s innocence.
5. **Post-Trial Motions and Sentencing –** Following the trial, the court/jury may issue a guilty or not guilty verdict. If the defendant is convicted, the sentencing phase begins, during which the court or the jury determines the appropriate punishment. A defense attorney can present mitigating factors to the court to advocate for leniency in sentencing. A defense attorney can also file motions post-trial to challenge the ultimate outcome in the case, such as, filing a motion for new trial.

Throughout each stage of the criminal case process in Texas, the importance of legal representation cannot be overstated. From arraignment to sentencing, a skilled defense attorney provides invaluable support and guidance, protecting the defendant’s rights and working toward a favorable outcome. For defendants facing criminal charges in Texas, securing competent legal representation is essential to safeguarding their rights and achieving the best possible outcome.

The criminal case process in Texas is complex and challenging, requiring careful navigation and advocacy at every step. With skilled legal representation, defendants can effectively assert their rights, challenge the prosecution’s case, and work toward a favorable resolution. By understanding the critical role of defense attorneys in the criminal case process and securing competent representation, defendants can mitigate the potential consequences of criminal charges and protect their rights and their future.

## A Final Word About the Texas Mutual Combat Law

The Texas Mutual Combat Law provides a legal framework for situations where individuals engage in physical altercations with mutual consent or participation. Whether in cases of consensual fights, mutual provocation, spontaneous conflicts, or recreational activities, individuals may be able to assert the defense of consent, or mutual combat, if they can demonstrate that the other party consented or that they had a reasonable belief the other party consented to the altercation.

Understanding the nuances of the Mutual Combat Law is essential for individuals navigating legal proceedings arising from physical altercations in Texas. By seeking legal guidance and understanding their rights under the law, individuals can effectively assert a defense of consent, or mutual combat, when faced with assault charges.

## Call Our Galveston County Assault and Battery Lawyers for A Powerful Legal Defense

Are you facing criminal charges in Texas and feeling overwhelmed by the legal process? Don’t navigate this challenging situation alone. At Mark Diaz & Associates, we understand the complexities of criminal law and are here to provide the skilled legal representation you need.

With our experienced team by your side, you can rest assured that your rights will be protected and your case will be handled with the utmost professionalism and care. We offer free consultations to discuss your case and explore your legal options.

Please don’t wait until it’s too late. Contact the [Galveston County assault and battery lawyers](/what-is-the-mutual-combat-law-in-texas/) at Mark Diaz & Associates today by calling 409-515-6170 to [schedule your free consultation](/landing-form/). Let our firm advocate for you and help you through the criminal case process.

**Categories:** Assault And Battery Lawyer

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### [The Legal Consequences of Committing Burglary of a Habitation in Texas](https://texascriminaljustice.com/the-legal-consequences-of-committing-burglary-of-a-habitation-in-texas/)

**Published:** March 18, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![burglary](https://texascriminaljustice.com/wp-content/uploads/2024/03/Diaz-4-The-Legal-Consequences-of-Committing-Burglary-of-A-Habitation-In-Texas_March-2024.jpg "burglary")Burglary of a habitation is a severe offense under Texas law, carrying significant legal consequences for those convicted. [Burglary of a habitation](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm) is defined as the unlawful entry into a habitation with the intent to commit a felony, theft, or assault. Burglary is considered a violation of an individual’s privacy and security.

In Texas, the criminal justice system takes a firm stance against burglary, imposing severe penalties to deter such criminal behavior and protect residents from harm. Understanding the legal consequences of committing burglary of a habitation in Texas is essential for individuals to comprehend the gravity of the offense and the potential ramifications they may face if charged and convicted.

## Punishments for Burglary of a Habitation in Texas

In Texas, [burglary of a habitation is classified as a felony offense](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm), with varying degrees of severity depending on the circumstances of the crime. The penalties for burglary convictions can range from substantial fines to lengthy prison sentences, depending on factors such as the defendant’s criminal history, the value of stolen property, and whether violence or weapons were involved in the commission of the offense.

Additionally, burglary convictions can have long-lasting consequences that extend beyond the immediate legal penalties, impacting various aspects of the defendant’s life, including employment opportunities, housing options, and personal relationships.

One of the primary legal consequences of committing burglary of a habitation in Texas is the potential for imprisonment. Under Texas law, burglary of a habitation is typically classified as a second-degree felony, [punishable by a prison sentence ranging from two to twenty years](https://codes.findlaw.com/tx/penal-code/penal-sect-30-02/).

However, certain aggravating factors, such as entering the property with the intent to commit a felony other than felony theft, can elevate the charge to a first-degree felony, carrying a minimum prison sentence of five years and a maximum sentence of life imprisonment. The sentence’s severity depends on the case’s specific circumstances and the judge’s discretion overseeing the case.

In addition to imprisonment, individuals convicted of burglary of a habitation in Texas may also face substantial fines as part of their punishment. The exact amount of fines imposed varies depending on the severity of the offense and other factors determined by the court. The max fine amount for either a second-degree or a first-degree felony burglary of a habitation charge is $10,000, in addition to the possibility of incarceration. These fines can place a significant financial burden on defendants and their families, exacerbating the already severe consequences of a burglary conviction.

Moreover, individuals convicted of burglary of a habitation in Texas may be subject to additional legal penalties, such as probation, restitution, and community service. Probation typically involves court-ordered supervision and adherence to specific conditions, such as regular check-ins with a probation officer, abstaining from drug and alcohol use, and maintaining gainful employment or educational enrollment. Failure to comply with probation requirements can result in the revocation of probation and imposition of the original prison sentence.

Additionally, courts may order defendants to pay restitution to compensate victims for any financial losses incurred as a result of the burglary, such as property damage or stolen valuables. Furthermore, defendants may be required to perform community service as a form of punishment and rehabilitation, contributing to the community while serving their sentence.

## The Criminal Case Process in Texas

The criminal case process for burglary of a habitation in Texas follows a series of stages, each of which presents unique challenges and opportunities for the defendant. From the initial arrest to potential trial and sentencing, navigating the legal system can be complex and daunting, underscoring the critical need for competent legal representation at every step of the process.

1. **Investigation and Arrest –** The criminal case process typically begins with an investigation conducted by law enforcement agencies following reports of a burglary. Investigators gather evidence, interview witnesses, and assess the scene to build a case against the suspect. If there is sufficient evidence to support an arrest, law enforcement officers apprehend the suspect and charge them with burglary of a habitation. At this stage, having a defense attorney is crucial to ensure that the defendant’s rights are protected during questioning and arrest procedures.
2. **Arraignment and Plea Entry –** Following the arrest, the defendant is arraigned, during which they are formally informed of the charges against them and asked to enter a plea. This stage sets the tone for the rest of the legal proceedings. A defense attorney plays a vital role in advising the defendant on their plea options, ensuring that they understand the implications of their plea, and advocating for their best interests.
3. **Pretrial Motions and Discovery –** Leading up to trial, both the prosecution and defense can file pretrial motions and engage in the discovery process. This phase involves gathering evidence, reviewing police reports, and identifying any potential legal issues that could impact the case. A criminal defense attorney thoroughly analyzes the evidence, challenges questionable procedures or evidence, and advocates for the defendant’s rights, ensuring a fair trial.
4. **Negotiation and Plea Bargaining –** In many criminal cases, the prosecution may offer plea bargains to resolve the case without going to trial. Negotiating a favorable plea deal requires skillful negotiation and a deep understanding of Texas criminal law. An experienced criminal defense attorney assesses the strength of the prosecution’s case, negotiates with prosecutors to secure the best possible outcome for the defendant, and ensures their rights are protected throughout the process.
5. **Trial Preparation and Representation –** If the case proceeds to trial, the defendant’s attorney is crucial in preparing a robust defense strategy. This can include conducting witness interviews, preparing exhibits, and developing arguments to present to the judge and/or jury. During the trial, the defense lawyer serves as the defendant’s advocate, challenging the prosecution’s evidence, cross-examining witnesses, and presenting evidence supporting the defendant’s innocence.
6. **Post-Trial Motions and Sentencing –** Following the trial, the court/jury may issue a guilty or not guilty verdict. If the defendant is convicted, the sentencing phase begins, during which the court or the jury determines the appropriate punishment. A defense attorney can present mitigating factors to the court to advocate for leniency in sentencing. A defense attorney can also file motions post-trial to challenge the ultimate outcome in the case, such as, filing a motion for new trial.

Throughout each stage of the criminal case process in Texas, the importance of legal representation cannot be overstated. From arraignment to sentencing, a skilled defense attorney provides invaluable support and guidance, protecting the defendant’s rights and working toward a favorable outcome. For defendants facing criminal charges, securing competent legal representation is essential to safeguarding their rights and achieving the best possible outcome.

Committing burglary of a habitation in Texas carries severe legal consequences, which could include imprisonment, fines, probation, restitution, and community service. The impact of a burglary conviction can extend far beyond the immediate penalties, affecting various aspects of the defendant’s life and future prospects.

Given the serious nature of the offense and the potential ramifications of a conviction, individuals accused of burglary in Texas must seek competent legal representation to protect their rights and mount a robust defense. By understanding the legal consequences of burglary and taking proactive steps to defend against criminal charges, individuals can mitigate the potential harm to themselves and their loved ones while working towards a favorable outcome in their case.

## Potential Legal Defenses to Burglary of a Habitation in Texas

When facing charges of burglary of a habitation in Texas, individuals have the right to assert various defenses to protect their legal rights and potentially mitigate or dismiss the charges against them. Understanding these potential defenses is crucial for defendants and their legal representation to strengthen their defense. Here are some [common defenses that may be applicable in cases of burglary of a habitation in Texas](https://www.findlaw.com/criminal/criminal-charges/burglary-defenses.html):

1. **Lack of Intent –** One possible defense is to argue that the defendant did not intend to commit burglary when entering the habitation. Intent is a key element of the crime of burglary. If the prosecution cannot prove beyond a reasonable doubt that the defendant entered the habitation with the intent to commit a felony, theft, or assault, the charges could be dismissed or reduced.
2. **Mistaken Identity –** In some cases, defendants may claim mistaken identity, arguing that they were not the individuals responsible for the burglary. This defense relies on presenting evidence that casts doubt on the prosecution’s identification of the defendant as the perpetrator of the crime.
3. **Consent –** If the defendant had permission or consent to enter the habitation, they may argue that they did not commit burglary. Consent can be expressed or implied and may be used as a defense if the defendant reasonably believed they had the right to enter the premises.
4. **Lack of Evidence –** Another defense strategy is challenging the prosecution’s evidence. If insufficient evidence is presented on the elements of burglary and doesn’t rise to the level of proof beyond a reasonable doubt, the charges may be dropped or dismissed. This could include questioning the credibility of witnesses, the reliability of physical evidence, or the legality of police procedures.
5. **Alibi –** Defendants may present an alibi defense, providing evidence that they were elsewhere at the time the burglary occurred and could not have committed the crime. Alibis can be supported by witness testimony, surveillance footage, or other forms of evidence corroborating the defendant’s whereabouts.
6. **Entrapment –** In rare cases, defendants may assert entrapment as a defense, arguing that law enforcement induced them to commit the burglary through coercion or persuasion. To successfully claim entrapment, defendants must demonstrate that they were not predisposed to commit the crime and that law enforcement’s actions led to their involvement.
7. **Duress or Necessity –** Defendants may argue that they committed the burglary under duress or out of necessity, meaning they were compelled to act unlawfully to avoid imminent harm or danger. This defense requires evidence that the defendant reasonably believed they had no alternative but to commit the burglary to protect themselves or others from harm.
8. **Illegal Search or Seizure –** If evidence was obtained through an illegal search or seizure in violation of the defendant’s Fourth Amendment rights, it may be excluded from trial. This defense relies on challenging the lawfulness of police conduct, leading to the discovery of incriminating evidence.

Defendants facing charges of burglary of a habitation in Texas may have several potential defenses available to them, ranging from challenging the prosecution’s evidence to asserting constitutional violations or affirmative defenses like consent.

Seeking legal representation from an experienced criminal defense attorney is essential for evaluating the viability of these defenses and building a solid case to protect the defendant’s rights and interests. With skilled advocacy and diligent defense strategies, defendants can effectively navigate the legal process and work toward a favorable outcome in their burglary case.

## Call our Galveston County Burglary Defense Lawyers For a Rigorous Defense!

If you or someone you know is facing charges related to burglary of a habitation in Texas, don’t face the legal system alone. At Mark Diaz & Associates, we provide aggressive and effective legal representation for individuals charged with criminal offenses.

Our experienced legal team understands the complexities of Texas criminal law and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Whether you’re at the initial stages of the legal process or seeking representation for trial, we are here to help.

Take the first step toward securing your future by scheduling a free consultation with Mark Diaz & Associates. During this confidential meeting, we’ll review the details of your case, discuss your legal options, and outline a personalized strategy for defense.

Contact our [Galveston County burglary defense lawyers](/burglary-robbery-theft/) at Mark Diaz & Associates today by calling 409-515-6170 to [schedule your free consultation](/landing-form/). Let us provide the skilled legal representation you need to fight burglary charges and protect your future.

**Categories:** Burglary Defense Lawyer

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### [Texas Gun Laws: Understanding Constitutional Carry vs. License to Carry](https://texascriminaljustice.com/texas-gun-laws-understanding-constitutional-carry-vs-license-to-carry/)

**Published:** April 1, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![open carry](https://texascriminaljustice.com/wp-content/uploads/2024/04/Diaz-1-Texas-Open-Carry-Requirements-To-Comply-With-Gun-Law_April-2024.jpg "open carry")Texas has a rich history of firearm culture, and the laws pertaining to carrying firearms laws have evolved over time. In recent years, Texas has loosened restrictions on open carry, allowing licensed individuals to openly carry handguns in public places where permitted by law. However, this newfound freedom comes with a set of stringent requirements and regulations that must be adhered to.

Understanding and complying with these regulations is paramount for any Texan firearm owner, as failure to do so can result in legal consequences.

Understanding and complying with Texas open carry requirements is crucial to avoid legal troubles, promote responsible firearm ownership, and ensure public safety. With the right knowledge and adherence to the law, individuals can exercise their [Second Amendment rights]() while minimizing risks and ensuring their well-being and those around them.

Here’s a breakdown to help you navigate these changes:

## Constitutional Carry Basics:

The concept of constitutional carry forms a crucial component of Second Amendment debates, often intersecting with discussions on individual rights and public safety. In September 2021 with the enactment of House Bill 1927, also known as the [Firearm Carry Act 0f 2021](). This legislation introduced **constitutional carry**, allowing eligible Texans to carry handguns without a license. Understanding the nuances of constitutional carry is paramount for gun owners and law enforcement alike.

- **Effective Date:** September 1, 2021
- **Who is Eligible?** You must be 21 or older and not prohibited from possessing a firearm under federal or state law (including certain felonies and domestic violence misdemeanors). There’s also a **five-year waiting period** after specific misdemeanor convictions, such as assault or terroristic threat.
- **How to Comply:** Carry your handgun openly or concealed in a holster. Always follow gun safety rules and be aware of places where firearms are still prohibited (schools, courthouses, some private businesses with signage).

## Changes from the License to Carry Statute:

Previously, Texans required a **License to Carry (LTC)** to carry a handgun outside specific locations like their home, vehicle, or place of business. House Bill 1927 eliminated the LTC requirement for eligible individuals exercising constitutional carry.

### License to Carry: Still an Option

In 1995 with the passage of the [Texas License To Carry (LTC) law](https://guides.sll.texas.gov/gun-laws/license-to-carry), which allowed individuals to carry concealed firearms with a permit. This marked a pivotal moment in Texas gun legislation, laying the groundwork for future discussions on open carry. Subsequent amendments and legal reforms further delineated the parameters of open carry in Texas, leading to the adoption of the License to Carry (LTC) system in 2016. These historical precedents underscore the dynamic nature of Texas Open Carry Law and its enduring significance in the state’s legal landscape.

The LTC statute remains in effect. While not mandatory for constitutional carry within Texas, obtaining an LTC offers certain advantages:

- **Reciprocity:** LTC holders may carry concealed in other states with reciprocity agreements with Texas.
- **Federal Gun-Free Zone Exemptions:** An LTC allows you to carry in some federal gun-free zones, like national parks (always check specific regulations).
- **Open Carry Perception:** An LTC can signify responsible gun ownership, potentially reducing concerns during open carry.

### License to Carry vs. Constitutional Carry:

**Constitutional Carry** allows eligible Texans to carry a handgun (openly or concealed) **without** an LTC.

**License to Carry** provides additional benefits:

- **Carry in More Places:** LTC allows carry in some places off-limits for constitutional carry (depending on reciprocity agreements and federal gun-free zone exemptions).
- **Open Carry Perception:** An LTC may lessen concerns during open carry.

## Consequences of Violation:

### Constitutional Carry Violation:

- **Unlawful Carry of a Weapon (Class A Misdemeanor):** This can occur if you carry a handgun without qualifying for constitutional carry or if you carry in a prohibited location. Punishment includes a fine up to $4,000, jail time up to one year, or both.
- **Unlawful Possession of a Firearm by a Felon (Third-Degree Felony):** This applies if you are convicted of a felony that prohibits firearm possession and are caught carrying a handgun. Punishment ranges from 2 to 10 years in prison and a fine up to $10,000.

### License to Carry Violation:

- **Using an LTC to Carry in a Prohibited Location (Misdemeanor):** This can result in LTC suspension or revocation. Here are some examples and possible punishments: 
    - **School Property:** This is a serious offense, and the punishment can range from a Class A misdemeanor (fine up to $4,000, jail time up to one year, or both) to a State Jail Felony (confinement in a state jail facility for 180 days to 2 years and a fine up to $2,000).
    - **Government Buildings:** Carrying in a courthouse, state capitol building, or other government property designated as gun-free can lead to a Class A misdemeanor penalty.
    - **Private Businesses with Signage:** If a business clearly prohibits firearms with posted signage, carrying with an LTC can result in a Class A misdemeanor punishment.
- **Failing to Meet LTC Renewal Requirements (Class B Misdemeanor):** This can also lead to LTC suspension or revocation. Failing to renew your LTC on time typically results in a Class B misdemeanor, punishable by a fine up to $2,000.

## Why You Need an Attorney:

Firearm offenses, regardless of constitutional carry or LTC, can have severe consequences. Consulting a qualified criminal defense attorney immediately is crucial if you are charged with a firearm offense. An attorney can:

- Analyze the details of your case and the specific law you may have violated.
- Explain your rights and potential defenses.
- Negotiate with prosecutors on your behalf.
- Represent you in court, if necessary.

Firearm offenses are complex, and the law can be nuanced. Don’t risk your future. For individuals seeking legal guidance and representation in their criminal case in Harris County, look no further than Mark Diaz & Associates. Our team of experienced lawyers is dedicated to providing top-notch legal services tailored to your specific needs. Please don’t wait until it’s too late. Contact our [Harris County gun crime defense attorney](/) at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Let us defend you from your criminal charges and protect your future.

**Categories:** Gun Crime Defense Attorney

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### [False Accusations and You: Protecting Yourself in Texas](https://texascriminaljustice.com/false-accusations-and-you-protecting-yourself-in-texas/)

**Published:** April 8, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![false accusations](https://texascriminaljustice.com/wp-content/uploads/2024/04/Diaz-2-How-To-Protect-Yourself-From-False-Domestic-Violence-Charges_April-2024.jpg "false accusations")Domestic violence is a serious issue, and Texas takes a strong stance against it. However, there’s a dark side: the possibility of false accusations. These accusations can have life-altering consequences, damaging your reputation, and relationships, and even landing you in jail. If you live in Texas and are concerned about this, here’s what you need to know.

## Understanding Assault in Texas

The[ legal definition of assault in Texas](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) is broad. It encompasses any intentional act that creates a reasonable fear of imminent bodily harm in another person. This can include threats, menacing behavior, or even reckless actions that could result in injury. It’s important to note that assault doesn’t require actual physical contact.

Here’s a breakdown of how assault charges can vary:

- **Class C Misdemeanor Assault:** This is the least serious assault charge, typically involving verbal threats or minor physical contact. Penalties can include a fine up to $2,000 and jail time up to 180 days.
- **Class A Misdemeanor Assault:** This involves causing bodily injury (even minor injuries) or intentionally causing someone to contact a harmful substance. It carries a steeper fine (up to $4,000) and potential jail time up to a year.
- **Felony Assault:** This is the most severe category and applies to causing serious bodily injury, using a weapon, or assaulting a specific protected class of people (like law enforcement). Penalties can range from imprisonment for several years to life sentences, depending on the severity of the crime.

### The Weight of Assault Charges

Being charged with assault, even a misdemeanor, can have significant consequences. You could face:

- **Restricted Freedom:** Jail time, probation, or house arrest can drastically disrupt your life and career.
- **Financial Strain:** Fines, court costs, and potentially lost wages due to missed work can create immense financial stress.
- **Damaged Reputation:** An assault charge, even if dismissed, can leave a lasting stain on your background, hindering future employment or housing opportunities.
- **Loss of Custody:** Assault charges can impact child custody arrangements, potentially limiting your parental rights.

### Protecting Yourself from False Accusations

While there’s no foolproof way to prevent false accusations, here are some steps you can take:

- **Maintain Open Communication:** Foster healthy communication in your relationships. If arguments arise, try to de-escalate and avoid situations that could be misconstrued.
- **Document Everything:** Keep a log of important dates, events, and any communication (texts, emails) that could be used as evidence in case of an accusation.
- **Separate During Arguments:** If tensions rise, take a physical break to cool down. This prevents any potential for misinterpretations about physical contact.
- **Know Your Rights:** If the police arrive, stay calm, be polite, and invoke your right to remain silent. Don’t answer questions without an attorney present.
- **Seek Legal Counsel Immediately:** A lawyer experienced in domestic violence cases can be your strongest advocate. They can guide you through the legal process, gather evidence to support your innocence, and fight for a fair outcome.

## Legal Consequences of Domestic Violence Convictions

The legal consequences of domestic violence convictions in Texas can be severe and far-reaching. Individuals convicted of domestic violence offenses may face criminal penalties, including imprisonment, probation, fines, and court-ordered counseling or treatment programs. Additionally, [domestic violence convictions can have collateral consequences](/collateral-consequences-of-criminal-charges/), such as the loss of parental rights, restrictions on firearm ownership, and adverse effects on employment opportunities and professional licensure.

Furthermore, individuals convicted of domestic violence offenses may be subject to civil consequences, including the issuance of protective orders or restraining orders, which may restrict contact with the alleged victim and prohibit the accused from returning to their home or place of residence. Violating these orders can result in additional criminal charges and penalties. Therefore, it is essential for individuals facing domestic violence charges in Texas to seek experienced legal representation from a qualified Galveston domestic violence defense lawyer to protect their rights and mount a strong defense against false accusations.

## Strategies for Protecting Yourself from False Domestic Violence Charges

### Maintaining Communication and Healthy Boundaries in Relationships

One of the most effective strategies for protecting oneself from false domestic violence charges is to prioritize communication and maintain healthy boundaries within relationships. Clear and open communication can help prevent misunderstandings or misinterpretations of behavior that could potentially lead to false accusations. By fostering mutual respect, trust, and understanding in relationships, individuals can establish a foundation of trust and reduce the likelihood of conflicts escalating into allegations of domestic violence. Additionally, setting and respecting boundaries ensures that both parties feel safe and respected within the relationship, minimizing the risk of abusive behaviors or false accusations.

### Documenting Interactions and Keeping Records of Communications

In the event of false domestic violence charges, documentation can serve as crucial evidence in disproving allegations and defending against wrongful accusations. Individuals should keep detailed records of interactions, including dates, times, locations, and descriptions of events, as well as any relevant communication such as emails, text messages, or social media exchanges. Additionally, individuals should document any instances of harassment, threats, or abusive behavior perpetrated by the accuser, as well as any witnesses or third-party evidence that corroborates their version of events. By maintaining thorough documentation, individuals can provide compelling evidence to their attorney to assist in their defense, support their innocence, and refute false domestic violence charges.

### Seeking Support from Trusted Friends, Family, or Counselors

Facing false domestic violence charges can be emotionally and psychologically taxing, often leaving individuals feeling isolated and overwhelmed. Seeking support from trusted friends, family members, or counselors can provide invaluable emotional support and guidance during this challenging time. Trusted confidants can offer support in a challenging time and provide reassurance. Additionally, professional counselors or therapists can offer specialized support and coping strategies for managing stress, anxiety, and trauma associated with false accusations of domestic violence. By surrounding themselves with a supportive network of individuals who believe in their innocence, individuals can find strength and resilience in the face of adversity.

### Understanding Legal Rights and Consulting with an Attorney

When facing false domestic violence charges, individuals must understand their legal rights and seek guidance from a qualified Galveston domestic violence defense lawyer. An experienced attorney can provide personalized legal advice, assess the strength of the case against the accused, and develop a strategic defense strategy to protect their rights and reputation.

Additionally, an attorney can navigate the complexities of the legal system, advocate on behalf of the accused, and ensure that their interests are safeguarded throughout the legal process. By consulting with a knowledgeable attorney, individuals can gain clarity on their legal options and take proactive steps to defend against false accusations of domestic violence.

### Complying with Court Orders and Restraining Orders

In cases involving false domestic violence charges, individuals may be subject to court orders or restraining orders issued by the court as a precautionary measure to ensure the safety of the alleged victim. Individuals need to comply with these orders promptly and fully, even if they believe the allegations to be false. Failure to comply with court orders or restraining orders can result in additional legal consequences and may undermine one’s defense against false accusations. Therefore, individuals should adhere to the terms of the court orders and seek legal guidance from a qualified Galveston domestic violence defense lawyer to address any concerns or challenges associated with compliance.

### Avoiding Confrontations and Maintaining a Calm Demeanor

In responding to false domestic violence allegations, individuals should prioritize de-escalation and conflict resolution to avoid exacerbating tensions or creating further opportunities for misunderstandings. It is essential to refrain from engaging in confrontational or aggressive behaviors, both in person and online, that could potentially be misconstrued as evidence of domestic violence. Instead, individuals should maintain a calm demeanor, communicate respectfully, and seek peaceful resolutions to disputes or disagreements. By demonstrating restraint and self-control, individuals can mitigate the risk of escalating conflicts and reduce the likelihood of false domestic violence charges being filed against them.

### Seeking Legal Representation

Perhaps the most critical step in responding to false domestic violence charges is seeking legal representation from a qualified Galveston domestic violence defense lawyer. An experienced attorney can provide invaluable guidance, advocacy, and support throughout the legal process, ensuring that the accused’s rights are protected and that the best possible defense is mounted against the false allegations.

From conducting thorough investigations and gathering evidence to representing the accused in court proceedings, a skilled defense lawyer plays a crucial role in defending against false domestic violence charges and achieving a favorable outcome. Therefore, individuals facing false accusations of domestic violence should prioritize securing competent legal representation to navigate the complexities of the legal process and protect their rights and interests.

## Contact Our Galveston Domestic Violence Defense Lawyer

False domestic violence charges pose significant challenges and consequences for individuals accused of such offenses in Texas. Individuals must proactively protect themselves and their rights by utilizing available resources and legal services to navigate the criminal justice process effectively and defend against domestic violence accusations. Ultimately, empowering individuals to protect themselves and their rights is crucial in combating false domestic violence charges and ensuring justice and fairness in the legal system. Call our [Galveston domestic violence defense lawyer](/domestic-violence/) at [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Domestic Violence Defense Lawyer

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### [How You Can Be Charged with a Drug Crime Without Being in Possession](https://texascriminaljustice.com/how-you-can-be-charged-with-a-drug-crime-without-being-in-possession/)

**Published:** April 15, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug crime](https://texascriminaljustice.com/wp-content/uploads/2024/04/Diaz-3-How-You-Can-Be-Charged-With-A-Drug-Crime-Without-Being-In-Possession_April-2024.jpg "drug crime")Texas enforces drug laws with a firm hand. While most people think drug charges require directly holding narcotics, the legal landscape gets more complex. In Texas, you can face drug-related offenses [even if the drugs aren’t physically on you](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm). This article explores how different legal definitions of “possession” can land you in hot water.

Drug laws in Texas encompass a wide range of offenses, [from possession to distribution and manufacturing of controlled substances](/list-of-drug-charges-and-sentences-in-texas/). The state classifies drugs into different schedules based on their potential for abuse and accepted medical uses. Understanding these classifications is vital as they dictate the severity of penalties associated with drug offenses. While possession is a commonly known offense, distribution involves the sale or transfer of drugs to others, and manufacturing refers to the production or cultivation of controlled substances. Each offense carries distinct legal implications and penalties, ranging from fines to imprisonment, depending on various factors such as the type and quantity of drugs involved.

## Understanding Drug Possession in Texas

Texas law recognizes two key types of possession relevant to drug charges:

- **Actual Possession:** This refers to directly holding or having control over the drugs. It’s the most straightforward scenario – drugs are found in your pocket, purse, or hand.
- **Knowledge and Control:** This is a broader definition that goes beyond physically holding the drugs. Here, the prosecution needs to prove two things: 
    - **Knowledge:** You knew about the presence of the drugs.
    - **Control:** You had the ability to access and control the drugs.

## Scenarios Leading to Drug Charges Without Physical Possession

Several situations can trigger drug charges based on knowledge and control:

- **Drugs Found in Your Vehicle:** This is a common scenario. If drugs are found in your car, particularly hidden compartments or areas you have control over (glove compartment, center console, under the seat), you could be charged. The strength of the case depends on factors like ownership of the car, who else had access, and your knowledge of the drugs.
- **Drugs Found in a Shared Living Space:** If drugs are found in a shared living space like an apartment, it can be trickier. The prosecution needs to show you knew about the drugs and had a way to access them, not just that they were somewhere in your residence.
- **Joint Control:** Sharing drugs with others can lead to a drug charge based on knowledge and control. If you’re caught with drug paraphernalia like pipes or scales alongside even small amounts of drugs, it can be used as evidence that you knew about and intended to use the drugs.

## Factors Influencing Drug Charges Based on Knowledge and Control

Here are some elements that can influence a drug case when physical possession isn’t clear:

- **Knowledge:** Did you know the drugs were there? If they were hidden and you had no reason to suspect their presence, your defense is stronger.
- **Exclusivity of Access:** Was the location where the drugs were found accessible only to you, or could others have easily placed them there?
- **Amount and Packaging:** Large quantities of drugs packaged for sale suggest knowledge and intent to distribute, a more serious charge.
- **Incriminating Statements:** Did you make any statements that suggest knowledge or control over the drugs?

## Protecting Yourself: What to Do if Faced with Drug Charges

Facing a drug charge without physical possession can be a stressful and confusing experience. Here’s what you can do:

- **Contact a qualified criminal defense attorney:** They can review the evidence, identify the legal definition of possession being used in your case, and explore potential defenses.
- **Don’t talk to the police without an attorney:** Anything you say can be used against you. Your lawyer can advise you on how to interact with law enforcement.

**Remember:** Don’t face drug charges alone. A qualified criminal defense attorney can be your strongest advocate in navigating the legal system and protecting your rights.

## Additional Considerations

- **Drug Paraphernalia:** Possession of drug paraphernalia like pipes or scales can be used as evidence to support a drug charge based on knowledge and control.
- **Manufacturing:** If you’re caught with materials or equipment used to manufacture drugs, you could face serious charges regardless of possession.
- **Intent to Distribute:** Evidence suggesting you intended to sell or distribute drugs (e.g., large quantities, packaging) can lead to harsher penalties.

## Influence of Law Enforcement Tactics and Investigative Procedures on Charging Decisions

Law enforcement tactics and investigative procedures can heavily influence charging decisions in drug crime cases without possession. Police officers may use surveillance, undercover operations, and informant networks to gather evidence and build cases against suspects. However, these tactics may sometimes lead to wrongful accusations or entrapment. Moreover, how evidence is obtained and processed can impact the strength of the prosecution’s case. Defense attorneys play a crucial role in scrutinizing law enforcement actions and ensuring that the accused’s rights are protected throughout the investigative process.

## Impact of Prior Criminal History and Parole/Probation Status on Charging and Sentencing

Individuals with prior criminal history or currently on parole or probation may face heightened scrutiny and harsher penalties if charged with drug crimes without possession. Prosecutors may argue for stricter sentencing based on the accused’s criminal record or perceived likelihood of reoffending. Additionally, parole or probation violations stemming from drug-related charges can result in severe consequences, including revocation of parole or probation and reinstatement of previous sentences. Understanding the potential impact of prior criminal history and parole/probation status is crucial for individuals facing drug crime charges in Texas.

## Legal Rights and Defenses

Individuals accused of drug crimes without possession have legal rights that must be upheld throughout the criminal justice process. These rights include the right to remain silent, the right to legal representation, and the right to a fair trial. It’s essential for individuals to exercise their rights and seek legal counsel from an experienced Galveston County drug crime lawyer as soon as possible after being accused of drug offenses.

## Importance of Seeking Legal Representation from Experienced Attorneys

Seeking legal representation from experienced attorneys is crucial for individuals accused of drug crimes without possession. A knowledgeable defense attorney can protect the accused’s rights, challenge the prosecution’s evidence, and advocate for the best possible outcome in court. With their experience in Texas drug laws and criminal defense strategies, Galveston County drug crime lawyers can provide invaluable guidance and support to individuals facing drug crime charges.

## Contact Our Galveston County Drug Crime Lawyer to Start Building a Strong Legal Defense

Being charged with a drug crime without possession in Texas can have serious consequences. Factors such as circumstantial evidence, law enforcement tactics, and prior criminal history can influence charging decisions and sentencing outcomes. However, understanding one’s legal rights and defenses is essential for protecting against unwarranted charges and mounting a robust defense. Our [Galveston County drug crime lawyer](/drug-possession/) is dedicated to providing exceptional legal services tailored to your specific needs. Do not delay! Contact our Galveston County drug crime lawyer at Mark Diaz & Associates at 409-515-6170 to schedule your free consultation. We are ready to protect your future!

**Categories:** Drug Crime Lawyer

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### [Ways A Felony Assault Conviction Can Impact Your Life](https://texascriminaljustice.com/ways-a-felony-assault-conviction-can-impact-your-life/)

**Published:** April 23, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2024/04/Diaz-4-Ways-A-Felony-Assault-Conviction-Can-Impact-Your-Life_April-2024.jpg "assault")A felony assault conviction can be a life-altering event, with consequences that extend far beyond the confines of the courtroom. In addition to the immediate legal penalties, such as fines and incarceration, individuals convicted of felony assault often face a myriad of long-term consequences that can impact nearly every aspect of their lives.

From employment opportunities to personal relationships and beyond, the [effects of a felony assault conviction can be profound and enduring](/ways-a-felony-conviction-can-affect-your-life/). This report will explain how a felony assault conviction can impact your life, drawing on relevant federal and Texas law to provide a comprehensive understanding of the challenges ahead.

## The Impact on Employment

One of the most significant consequences of a felony assault conviction is its impact on employment opportunities. In many cases, individuals with felony convictions may find it difficult to secure gainful employment due to the stigma associated with their criminal record. Employers may be hesitant to hire individuals with a history of violence, particularly for positions that involve working with vulnerable populations or handling sensitive information. Furthermore, certain industries, such as healthcare and education, may have strict regulations prohibiting the employment of individuals with felony convictions.

Under federal law, employers are prohibited from discriminating against individuals with criminal records in hiring decisions, except in cases where the conviction is directly related to the job in question. However, many employers still conduct background checks as part of their hiring process, and a felony assault conviction may raise red flags and lead to the rejection of an otherwise qualified candidate. Additionally, individuals with felony convictions may be ineligible for certain professional licenses and certifications, further limiting their employment prospects.

In Texas, individuals with felony convictions may also face additional barriers to employment. Under Texas law, [employers are not required to hire individuals with felony convictions](https://checkr.com/background-check/texas), and they may choose to conduct background checks as part of their hiring process. Additionally, certain industries, such as law enforcement and security, may have stringent background check requirements that preclude individuals with felony convictions from employment. As a result, individuals with felony assault convictions in Texas may find themselves facing limited job opportunities and struggling to support themselves and their families.

## The Impact on Personal Relationships

In addition to its impact on employment opportunities, a felony assault conviction can also strain personal relationships and social connections. Friends, family members, and romantic partners may view individuals with felony convictions differently, leading to strained relationships and social isolation. The stigma associated with a criminal record can make it difficult for individuals to maintain meaningful connections with others and may lead to feelings of shame, embarrassment, and alienation.

Furthermore, individuals with felony assault convictions may face challenges in rebuilding trust and repairing damaged relationships. Loved ones may be wary of interacting with someone who has a history of violence, and they may struggle to reconcile the person they once knew with the actions that led to their conviction. As a result, individuals with felony convictions may face social ostracism and struggle to establish a sense of belonging within their communities.

## Legal and Financial Consequences

In addition to its impact on employment and personal relationships, a felony assault conviction can also have significant legal and financial consequences. Individuals convicted of felony assault may be required to pay fines, restitution, and court fees as part of their sentence, placing a significant financial burden on them and their families. Furthermore, individuals with felony convictions may face [restrictions on their civil rights](https://www.sll.texas.gov/faqs/felony-conviction/), such as the right to vote, serve on a jury, or own a firearm.

Under federal law, individuals with felony convictions may also face restrictions on their access to federal benefits, such as public housing, student loans, and food stamps. These restrictions can further exacerbate the financial hardships faced by individuals with felony convictions, making it difficult for them to access essential resources and support services. Additionally, individuals with felony convictions may face challenges in finding housing, as landlords may be reluctant to rent to someone with a history of violence.

## Loss of Custody Rights

A felony assault conviction may lead to the loss of custody or visitation rights in child custody cases. Family courts prioritize the safety and well-being of children, and a history of violence can be detrimental to a parent’s custody case. In some cases, individuals convicted of felony assault may be prohibited from having any contact with their children, further straining familial relationships and causing emotional distress.

Family courts consider various factors when determining child custody arrangements, including the child’s safety and each parent’s ability to provide a stable and nurturing environment. A felony assault conviction may be viewed as evidence of a parent’s inability to provide a safe and stable home environment, leading to restrictions on custody and visitation rights. Additionally, individuals convicted of felony assault may be required to complete anger management or parenting classes as a condition of regaining custody rights, further complicating their efforts to reunite with their children.

## Immigration Consequences

Non-citizens convicted of felony assault may face deportation or other immigration consequences. Under federal immigration law, certain criminal convictions, including felony offenses, can result in removal proceedings and deportation from the United States. Individuals convicted of felony assault may also be deemed inadmissible to the country, making it difficult for them to obtain legal status or re-enter the country if deported.

Immigration consequences vary depending on the nature and severity of the offense, as well as the individual’s immigration status. Individuals convicted of felony assault may be subject to deportation proceedings, detention by Immigration and Customs Enforcement (ICE), and removal from the United States. Additionally, individuals with felony convictions may face challenges in applying for visas, green cards, or citizenship, as they may be deemed inadmissible to the country based on their criminal history.

## Why You Need A Defense Attorney

When facing criminal charges, having a defense attorney by your side is not just beneficial – it’s essential. Whether you’re facing misdemeanor charges or serious felony allegations, the consequences of a conviction can be severe and far-reaching. A skilled defense attorney can provide invaluable guidance, support, and advocacy throughout every stage of the legal process. Here are several compelling reasons why you need a defense attorney:

**1. Legal Experience and Knowledge –** Defense attorneys have extensive knowledge of criminal law, courtroom procedures, and legal strategies. They understand the complexities of the legal system and can navigate it effectively on your behalf. From filing motions and negotiating plea bargains to representing you at trial, a defense attorney will use their experience to pursue the best possible outcome for your case.

**2. Protection of Your Rights –** One of the primary roles of a defense attorney is to protect your constitutional rights. This includes your right to a fair trial, the right to remain silent, and the right to legal counsel. Your attorney will ensure that law enforcement officers and prosecutors adhere to proper procedures and do not violate your rights during the investigation and prosecution of your case.

**3. Strategic Defense Planning –** A defense attorney will thoroughly analyze the facts of your case, identify potential defenses, and develop a strategic legal defense tailored to your specific circumstances. Whether it involves challenging the evidence against you, presenting mitigating factors, or raising legal arguments, your attorney will work tirelessly to build a strong defense on your behalf.

**4. Negotiation Skills –** Many criminal cases are resolved through plea negotiations with prosecutors. A skilled defense attorney will have strong negotiation skills and the ability to advocate for favorable plea deals on your behalf. By negotiating reduced charges or alternative sentencing options, your attorney may be able to minimize the consequences of a conviction.

**5. Courtroom Representation –** If your case goes to trial, having a defense attorney experienced in courtroom advocacy is essential. Your attorney will present evidence, cross-examine witnesses, and make persuasive arguments to the judge and jury on your behalf. With their courtroom experience and litigation skills, your attorney will work to achieve the best possible outcome at trial.

**6. Emotional Support and Guidance –** Facing criminal charges can be an overwhelming and stressful experience. A defense attorney can provide valuable emotional support and guidance during this challenging time. They will explain the legal process, answer your questions, and provide reassurance as you navigate the complexities of the criminal justice system.

## Harris County Assault Defense Lawyer

A felony assault conviction can have far-reaching and enduring consequences that impact nearly every aspect of a person’s life. From employment opportunities to personal relationships, legal rights, and immigration status, the effects of a felony conviction can be profound and difficult to overcome. However, it is important for individuals facing felony charges to remember that they have rights and options available to them.

Hiring a defense lawyer is crucial when facing criminal charges. From protecting your rights and developing a strategic defense to providing courtroom representation and emotional support, a skilled attorney will be your advocate every step of the way. If you’re facing criminal charges, don’t hesitate to seek the assistance of our qualified defense attorney to protect your rights and fight for your freedom.

Contact our [Harris County assault defense lawyer](/assault-and-battery/) at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We stand ready to defend you and protect your future.

**Categories:** Assault Defense Lawyer

---

### [Ways a Texas Traffic Stop Can Land You In Jail](https://texascriminaljustice.com/ways-a-texas-traffic-stop-can-land-you-in-jail/)

**Published:** May 1, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![traffic stop](https://texascriminaljustice.com/wp-content/uploads/2024/05/Diaz-1-Ways-A-Texas-Traffic-Stop-Can-Land-You-In-Jail_May-2024.jpg "traffic stop")Traffic stops are routine occurrences on the roads of Texas, typically conducted by law enforcement officers for various violations, including illegal firearms, driving on suspended licenses, and warrants. While the majority of traffic stops result in nothing more than a citation or warning, there are instances where they can escalate into significant legal trouble, potentially leading to incarceration. We will explore some situations where a routine traffic stop can land you in jail in Texas.

## Driving While Intoxicated (DWI)

Driving while intoxicated (DWI) is one of the most serious offenses that can arise during a Texas traffic stop. Texas, like all states, has stringent laws in place to prevent individuals from operating motor vehicles while impaired. These laws are designed to safeguard public safety by deterring drivers from engaging in risky behavior that could result in accidents, injuries, or fatalities.

Under Texas law, it is illegal for a driver to operate a motor vehicle with a blood alcohol concentration [(BAC) of 0.08% or higher](https://www.txdot.gov/safety/driving-laws/impaired-driving.html). Additionally, drivers can be charged with DWI if they are impaired by any substance, including prescription medications or illegal drugs, and such impairment causes the person to not have normal use of their mental or physical faculties.

During a traffic stop, law enforcement officers are trained to recognize signs of impairment, such as slurred speech, impaired coordination, and the odor of alcohol or drugs. Suppose an officer suspects that a driver is under the influence. In that case, they may request the driver to perform field sobriety tests or submit to chemical testing, such as a breathalyzer or blood test, to determine their level of intoxication.

From this point, if the officer determines he or she has sufficient probable cause to believe the driver was operating the vehicle while intoxicated, then a DWI arrest follows. Subsequent penalties for a DWI arrest and conviction in Texas can be severe, including fines, license suspension, mandatory participation in alcohol education programs, community service, and even jail time, particularly for repeat offenders or those involved in accidents causing property damage, injury, or death.

## Possession of Illegal Substances

Another common scenario where a routine traffic stop in Texas can lead to incarceration is the discovery of illegal substances in the vehicle. Law enforcement officers have the authority to conduct searches of vehicles if they have [reasonable suspicion](https://www.maricopa.gov/919/Probable-Cause-Versus-Reasonable-Suspici) that illegal activity, such as drug possession, is taking place.

Suppose an officer discovers illegal drugs, such as marijuana, cocaine, methamphetamine, or heroin, in the vehicle or in the possession of the driver or passengers. In that case, they may be arrested and charged with drug possession. The severity of the charges and potential penalties will depend on various factors, including the type and quantity of drugs involved, any prior criminal history, and whether the individual intended to distribute or sell the drugs.

In Texas, drug possession charges can result in significant consequences, including fines, probation, mandatory drug treatment programs, and imprisonment. Possession of certain controlled substances, such as fentanyl, heroin, or methamphetamine, can result in enhanced charges and harsher penalties, including lengthy prison sentences.

## Warrants and Outstanding Tickets

During a routine traffic stop, law enforcement officers have the authority to check for outstanding warrants or unpaid tickets associated with the driver’s name and vehicle registration. If a driver is found to have an active warrant for their arrest or unpaid traffic tickets, they may be taken into custody and transported to jail.

Outstanding warrants can stem from various sources, including failure to appear in court for previous traffic violations or other criminal offenses, unpaid fines or fees, or violations of probation or parole. Similarly, unpaid traffic tickets can accumulate over time if drivers fail to address them promptly, leading to warrants being issued for their arrest.

Being arrested during a traffic stop for an outstanding warrant or unpaid tickets can be a very stressful experience for drivers, particularly if they are unaware of the warrants or tickets. Once in custody, individuals may be required to post bail or bond to secure their release from jail, followed by appearing in court to address the underlying legal issues.

## Reckless Driving

Reckless driving behavior poses a significant risk to public safety and can result in arrest during a Texas traffic stop. Reckless driving is defined as driving a vehicle in a willful or wanton disregard for the safety of persons or property.

Examples of reckless driving behavior include excessive speeding, weaving in and out of traffic, tailgating, street racing, and engaging in other dangerous maneuvers behind the wheel. Law enforcement officers are trained to identify signs of reckless driving during traffic stops and may take swift action to address such behavior to prevent accidents, injuries, or fatalities.

In Texas, reckless driving is considered a serious criminal offense, punishable by fines, license suspension, and even incarceration. Additionally, individuals convicted of reckless driving may face long-term consequences, such as increased insurance premiums, a negative impact on their driving record, and difficulty obtaining employment or housing.

## Driving On a Suspended License

Driving with a suspended license is a serious violation of Texas law, carrying significant consequences that can escalate during a routine traffic stop. When a driver’s license is suspended, it means the individual’s driving privileges have been temporarily revoked/suspended due to various infractions or administrative actions, such as failing to pay fines, administrative suspensions from a DWI arrest (DWI), or even convictions for certain offenses, such as DWI or any drug offense.

If a driver is caught operating a vehicle with a suspended license during a traffic stop, law enforcement officers have the authority to arrest them on the spot. Driving on a suspended license is considered a criminal offense in Texas, and individuals caught in violation may face additional charges on top of the original reason for their license suspension.

The penalties for driving with a suspended license can be severe, especially for repeat offenders or those with prior convictions. In addition to fines and court fees, individuals may face an extended period of license suspension or even revocation, further restricting their ability to legally drive. Furthermore, depending on the circumstances and the individual’s driving history, jail time is a possible outcome.

## Illegal Gun Possession

Illegal gun possession during a traffic stop is a serious offense in Texas. Law enforcement officers are authorized to search vehicles if they suspect illegal activity, including possession of firearms by prohibited individuals.

If officers find firearms in the vehicle or in possession of drivers or passengers who are prohibited from owning guns, they may face charges for illegal gun possession. Penalties for this offense can be severe, including fines, probation, and imprisonment.

In Texas, individuals must comply with state laws regulating firearm possession, including restrictions on felons, individuals subject to protective orders, and those convicted of certain offenses. Failure to adhere to these laws can result in criminal charges and significant legal consequences.

## Traffic Violation Escalation

Even minor traffic violations can escalate into more serious legal trouble if the driver fails to comply with law enforcement instructions or becomes combative during a traffic stop. Resisting arrest, fleeing the scene, or assaulting a law enforcement officer can result in additional charges and increased penalties, compounding the legal consequences for the individual involved.

Law enforcement officers are trained to de-escalate potentially volatile situations during traffic stops through effective communication, conflict resolution techniques, and the use of discretion when enforcing traffic laws. However, drivers who escalate tensions or refuse to cooperate with officers may find themselves facing additional charges and a more adversarial legal process.

Drivers must remain calm and cooperative during traffic stops, follow instructions from law enforcement officers, and address any concerns or disputes through legal channels after the fact rather than escalating the situation. By cooperating with law enforcement and respecting their authority, drivers can minimize the likelihood of encountering legal trouble during a traffic stop and ensure their safety.

While many Texas traffic stops result in nothing more than a citation or warning, there are various ways in which they can lead to incarceration. From driving while intoxicated and possession of illegal substances to outstanding warrants and reckless driving, drivers must be aware of the potential consequences of their actions on the road. By understanding the risks associated with traffic stops and knowing how to respond appropriately, drivers can minimize the likelihood of encountering legal trouble and ensure their safety and well-being on Texas roads.

## Call Our Galveston County Criminal Defense Lawyers

If you or someone you know is facing criminal charges in Texas, you don’t have to tackle the criminal justice system alone. At Mark Diaz & Associates, we offer efficient and effective legal representation for individuals who are facing criminal charges.

Take the initial step toward securing your future by arranging a free consultation with Mark Diaz & Associates. In this confidential case review, we’ll assess the specifics of your case, explore your legal alternatives, and devise a tailored defense strategy. Contact our Galveston County [criminal defense lawyers](/criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170 to [schedule your free consultation](/landing-form/).

**Categories:** Criminal Defense Lawyer

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### [How an Expunction Can Change Your Life in Texas](https://texascriminaljustice.com/how-an-expunction-can-change-your-life-in-texas/)

**Published:** May 7, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![expungement](https://texascriminaljustice.com/wp-content/uploads/2024/05/Diaz-2-How-an-Expungement-Can-Change-Your-Life-in-Texas_May-2024.jpg "expungement")Criminal records can cast a long shadow over an individual’s life, impacting their opportunities for employment, housing, education, and even personal relationships. However, in Texas, the process of getting an expunction offers individuals the chance to clear their criminal records, providing them with a fresh start and a pathway to reclaiming their future. Our goal is to explain the transformative effects of an expunction and explore how sealing of criminal records can change your life.

## Understanding Expunctions In Texas

[An expunction in Texas](https://guides.sll.texas.gov/expunctions-and-non-disclosure) is a legal process through which individuals can petition the court to have their criminal records erased from public view. When a criminal record is expunged, it is essentially as if the arrest never occurred, providing individuals with a clean slate and the opportunity to move forward without the burden of their past mistakes.

In Texas, the eligibility criteria for an expunction vary depending on the circumstances of the case. Generally, individuals may be eligible for an expunction if their charges were dismissed, they were acquitted at trial, or they completed a pretrial diversion program.

## The Legal Framework for an Expunction In Texas

State statutes govern the legal framework for expunctions in Texas, primarily [Chapter 55 of the Texas Code of Criminal Procedure](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm). This chapter outlines the procedures and requirements for expunging criminal records, including the eligibility criteria, the process for filing a petition for expunction, and the rights of individuals seeking expunctions.

Under Texas law, individuals seeking an expunction must file a petition with the court in the county where the arrest or prosecution occurred. The petition must include specific information, such as the individual’s personal details, the nature of the offense, and the grounds for the expunction. Once the petition is filed, the court will review the case and determine whether an expunction is appropriate based on the facts and circumstances presented.

## The Benefits of Expunctions

Expunctions offer numerous benefits to individuals seeking to clear their criminal records in Texas. Perhaps most importantly, an expunction provides individuals with the opportunity to put their past behind them and move forward with their lives without the stigma of a criminal record hanging over their heads. With a clean record, individuals may have improved access to employment, housing, education, and other opportunities that may have been previously unavailable to them.

Employment opportunities, in particular, can be significantly impacted by a criminal record. Many employers conduct background checks as part of the hiring process, and a criminal record can be a barrier to securing employment. By expunging their criminal records, individuals can increase their chances of finding meaningful employment and building a successful career.

Housing options may also be limited for individuals with criminal records, as landlords and property managers may be hesitant to rent to individuals with a history of criminal activity. An expunction can open up new housing opportunities for individuals, allowing them to secure safe and stable housing for themselves and their families.

In addition to employment and housing, an expunction can also have a positive impact on other areas of individuals’ lives, such as education, financial stability, and personal relationships. With a clean record, individuals may have improved access to educational opportunities, such as scholarships, grants, and professional licensure programs.

Expunctions can also help individuals rebuild their credit and financial standing, as some financial institutions may be wary of lending to individuals with a criminal history. Additionally, expunctions can improve personal relationships by removing the stigma and shame associated with a criminal record, allowing individuals to move forward with confidence and dignity.

## The Role of Federal Law In Expunctions

While expunction law is primarily governed by state law in Texas, federal law also plays a role in determining the availability of an expunction for certain offenses. Under federal law, an expunction is generally not available for federal offenses, as federal courts do not have the authority to expunge criminal records. However, some federal offenses may be eligible for other forms of relief, such as sealing or setting aside convictions under [18 U.S.C. 3607(c)](https://www.law.cornell.edu/uscode/text/18/3607), which can have similar effects to an expunction at the state level.

## Texas Expunction FAQs

### What is an expunction, and how does it work in Texas?

An expunction in Texas is a legal process that allows individuals to clear their criminal records. This process essentially erases the arrest records of an individual and as a result, provides individuals with a clean slate.

### Who is eligible for an expunction in Texas?

Eligibility for an expunction in Texas depends on various factors, including the type of offense, the outcome of the case, and the individual’s criminal history. Generally, individuals whose charges were dismissed or acquitted will likely be eligible for an expunction.

### What are the benefits of an expunction in Texas?

Expunctions in Texas can have numerous benefits, including improved employment opportunities, housing options, and educational prospects.

### Can all criminal offenses be expunged in Texas?

The answer to this question relies almost solely on the way the case was disposed of. The expunction eligibility process is technical and as such, it is essential to consult with a legal professional to determine eligibility based on specific circumstances.

### How long does the expunction process take in Texas?

The timeline for the expunction process in Texas can vary depending on factors such as the complexity of the case and the caseload of the court. In general, the process may take several months to complete from start to finish.

### Do I need an attorney to file for an expunction in Texas?

While individuals can technically file for an expunction on their own, consulting with an attorney experienced in Texas expunction law is highly recommended. An attorney can navigate the legal process and ensure that all requirements are met for a successful expunction.

### Will an expunction completely erase my criminal record in Texas?

Most expunctions in Texas should erase all records of the expunged arrest and resulting criminal proceeding, if any. Furthermore, after an expunction order is signed and final, the person subject to the expunction order may deny the occurrence of the arrest and the existence of an expunction order, except while under oath and being questioned in a criminal proceeding about an arrest for records that have been expunged. In the latter situation, the person subject to the expunction order is supposed to merely state that the matter in question was expunged.

### Can I expunge my juvenile record in Texas?

Yes, individuals with juvenile records in Texas may be eligible for an expunction or sealing of their records, depending on the outcome of the case and other factors. Expunging juvenile records can help individuals move forward without the stigma of past mistakes.

### What happens if my expunction petition is denied in Texas?

If your expunction petition is denied in Texas, you may have the option to appeal the decision or explore other legal avenues for relief. Consulting with an attorney can help you understand your options and determine the best course of action moving forward.

### How can I get started with the expunction process in Texas?

To begin the expunction process in Texas, individuals should consult with an experienced attorney to assess their eligibility and navigate the legal requirements. The attorney can help prepare and file the necessary paperwork and guide you through each step of the process until completion.

### Is an expunction guaranteed in Texas if I meet the eligibility criteria?

While meeting the eligibility criteria is a crucial step towards getting an expunction in Texas, it does not guarantee that your petition will be granted. The final decision rests with the court, which considers various factors, including the nature of the offense, the individual’s criminal history, and any objections raised by the prosecution. Consulting with an experienced attorney can help assess your chances of success and navigate the legal process effectively.

### Can expunged records resurface in background checks in Texas?

In most cases, expunged records should not appear in any database but mistakes can happen and databases may not have been notified to delete the records that were in expunged. It is important to contact an experienced attorney to assist in the expunction process to ensure issues like this are much less likely to occur.

Getting an expunction has the potential to change lives in Texas by providing individuals with a second chance and a fresh start. By clearing their criminal records, individuals can overcome the barriers and obstacles associated with a criminal past and move forward with their lives with confidence and optimism.

With improved access to employment, housing, education, and other opportunities, individuals can achieve their full potential and contribute positively to their communities. An expunction is not just a legal process—it is a transformative opportunity for individuals to reclaim their futures and build brighter, more promising lives.

## Call Our Galveston County Expunction Lawyers For Your Free Consultation

If you or someone you know is seeking to expunge criminal records in Texas, turn to Mark Diaz & Associates. Our legal professionals handle expunctions and provide help to individuals seeking to clear their criminal records.

Take the first step toward a clean slate by scheduling a confidential consultation with Mark Diaz & Associates. Contact our dedicated team of [Galveston County expungement attorneys](/expungements/) at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Let us provide the legal representation you need to pursue an expunction and safeguard your future.

**Categories:** Expungement Attorney

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### [Understanding Drug Possession Charges For Underage Offenders](https://texascriminaljustice.com/understanding-drug-possession-charges-for-underage-offenders/)

**Published:** May 14, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2024/05/Diaz-3-Are-Drug-Possession-Charges-Different-For-Underage-Offenders_May-2024.jpg "drug possession")Drug possession charges can have serious consequences, especially for underage offenders. In both federal and Texas state law, there are specific regulations and penalties concerning drug possession by minors. Understanding these laws is crucial for both parents and young individuals to navigate the legal system effectively and mitigate the potential consequences of drug-related offenses.

## Federal Laws Regarding Drug Possession By Minors

Under federal law, drug possession by minors is subject to the Controlled Substances Act (CSA), which categorizes drugs into different schedules based on their potential for abuse and medical use. Possession of controlled substances listed in [Schedules I through V](https://www.pharmacy.texas.gov/consumer/broch2.asp) can result in criminal charges, regardless of the offender’s age.

While federal law provides guidelines for drug offenses, including possession, prosecution of these offenses is often left to state authorities. However, federal laws may come into play in cases involving drug trafficking or distribution across state lines, which can lead to more severe penalties, including federal prison time.

## Texas Laws And Penalties For Underage Drug Possession

In Texas, drug possession laws for offenders are outlined in the [Texas Penal Code](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm). The penalties for drug possession depend on various factors, including the type and quantity of the drug, the offender’s age, and any prior criminal history.

For minors caught in possession of illegal drugs, the consequences can range from probation and fines to juvenile detention or placement in a rehabilitation program. Texas law distinguishes between possession of marijuana and other controlled substances, with marijuana possession generally carrying less severe penalties.

Under Texas law, possession of small amounts of marijuana for personal use is typically classified as a misdemeanor offense, punishable by fines, probation, or community service. However, possession of larger quantities or repeat offenses can result in more severe charges and penalties, including incarceration.

## Juvenile Justice System And Drug Possession

In Texas, underage offenders charged with drug possession are often processed through the [juvenile justice system](https://www.tjjd.texas.gov/index.php/juvenile-system), which is separate from the adult criminal justice system. The goal of the juvenile justice system is to rehabilitate rather than punish young offenders, with an emphasis on addressing underlying issues such as substance abuse and providing support and guidance to prevent future criminal behavior.

In some cases, juvenile offenders may be eligible for diversion programs or alternative sentencing options designed to address the root causes of their drug-related behavior and prevent further involvement in the criminal justice system. These programs may include drug counseling, educational interventions, and community service aimed at promoting rehabilitation and positive outcomes for young individuals.

## Collateral Consequences Of Underage Drug Possession Charges

Beyond the immediate legal consequences, underage drug possession charges can have long-lasting effects on a young individual’s life. Convictions for drug offenses, even misdemeanors, can result in collateral consequences such as difficulty obtaining employment, housing, financial aid for education, and professional licenses.

Additionally, drug possession convictions may impact a minor’s eligibility for certain government assistance programs and opportunities, such as student loans and military service. These collateral consequences can hinder a young person’s ability to lead a productive and successful life, underscoring the importance of seeking legal guidance and advocacy in drug-related cases.

## Legal Defenses And Strategies For Underage Drug Possession Cases

When facing drug possession charges as a minor in Texas, it’s important to explore all available legal defenses and strategies to mitigate the potential consequences. Common defenses may include:

- Challenging the legality of the search and seizure that led to the discovery of the drugs.
- Asserting a lack of knowledge or control over the drugs.
- Seeking diversionary programs for rehabilitation rather than punishment.

Working with an experienced attorney who understands the nuances of Texas drug possession laws and the juvenile justice system can make a significant difference in the outcome of the case. An attorney can advocate for the minor’s rights, explore all available options for resolution, and work towards achieving the best possible outcome for their future.

## FAQs About Drug Possession Charges For Underage Offenders

### What constitutes drug possession for underage offenders in Texas?

Drug possession for underage offenders in Texas involves knowingly having illegal drugs or controlled substances in one’s possession, custody, or control without a valid prescription. This includes substances such as marijuana, cocaine, methamphetamine, and prescription drugs obtained unlawfully.

### What are the penalties for underage drug possession in Texas?

Penalties for underage drug possession in Texas vary depending on factors such as the type and quantity of the drug, the offender’s age, and any prior criminal history. Offenders may face fines, probation, community service, juvenile detention, or placement in a rehabilitation program.

### Are there different penalties for possession of marijuana compared to other controlled substances for underage offenders in Texas?

Yes, Texas law distinguishes between possession of marijuana and other controlled substances. Possession of small amounts of marijuana for personal use is typically classified as a misdemeanor offense, while possession of other controlled substances may result in more severe penalties.

### Can underage offenders be charged as adults for drug possession in Texas?

In some cases, underage offenders may be charged as adults for drug possession in Texas, particularly for more serious offenses or repeat offenses. The prosecutor typically makes the decision to charge a minor as an adult and depends on factors such as the nature of the offense and the offender’s criminal history.

### What are diversion programs for underage drug possession offenders in Texas?

Diversion programs in Texas offer alternative sentencing options for underage drug possession offenders, focusing on rehabilitation rather than punishment. These programs may include drug counseling, educational interventions, community service, and regular check-ins with probation officers.

### Can underage drug possession convictions be expunged in Texas?

In some cases, underage drug possession convictions in Texas may be eligible for expungement, which essentially erases or seals the records of the offense. Eligibility for expungement depends on various factors, including the outcome of the case and the individual’s criminal history.

### How can parents help underage offenders facing drug possession charges in Texas?

Parents can provide emotional support and guidance to underage offenders facing drug possession charges in Texas. Additionally, they can help their children understand their legal rights, explore available legal defenses, and ensure they have competent legal representation throughout the legal process.

### What should underage offenders do if approached by law enforcement regarding drug possession in Texas?

If approached by law enforcement regarding drug possession in Texas, underage offenders should remain calm and assert their right to remain silent. It’s essential to avoid making any statements or admissions without the presence of an attorney and to cooperate with law enforcement within the bounds of the law.

### Are there long-term consequences of drug possession charges for underage offenders in Texas?

Yes, drug possession charges for underage offenders in Texas can have long-term consequences, including difficulty obtaining employment, housing, educational opportunities, and professional licenses. Additionally, convictions may impact eligibility for government assistance programs and other benefits.

### How can underage offenders in Texas avoid drug possession charges in the future?

To avoid drug possession charges in the future, underage offenders in Texas should refrain from using illegal drugs or controlled substances and avoid associating with individuals involved in illegal drug activities. Seeking support from family, friends, and counselors can also help address underlying issues such as substance abuse and prevent further involvement in criminal behavior.

### Can underage offenders face additional charges besides drug possession in Texas?

Yes, depending on the circumstances, underage offenders in Texas may face additional charges in conjunction with drug possession, such as possession with intent to distribute, drug trafficking, or drug paraphernalia charges. These charges can carry even harsher penalties than simple possession offenses.

### What should underage offenders do if they believe their rights were violated during a drug possession arrest in Texas?

If underage offenders believe their rights were violated during a drug possession arrest in Texas, they should immediately seek legal representation. An experienced attorney can assess the situation, determine if any constitutional rights were infringed upon, and advocate for the appropriate legal remedies.

### Are there alternatives to traditional court proceedings for underage drug possession cases in Texas?

Yes, Texas offers alternatives to traditional court proceedings for underage drug possession cases, such as drug courts and pretrial diversion programs. These programs focus on rehabilitation and treatment rather than punishment and may offer underage offenders the opportunity to avoid conviction and minimize the impact on their future.

### Can underage offenders face deportation consequences for drug possession charges in Texas if they are not U.S. citizens?

Yes, non-U.S. citizen underage offenders in Texas may face deportation consequences for drug possession charges, particularly if convicted of a deportable offense. It’s crucial for non-citizen individuals facing drug charges to seek legal advice from an immigration attorney to understand their rights and options.

### How can underage offenders obtain legal assistance for drug possession charges in Texas if they cannot afford an attorney?

Underage offenders in Texas who cannot afford an attorney for drug possession charges may be eligible for legal representation through public defenders or pro bono legal services. They can also inquire about legal aid organizations or clinics that offer free or reduced-cost legal assistance to individuals in need.

## Call Our Galveston Drug Possession Lawyers

Drug possession charges for underage offenders carry significant legal and personal implications. Understanding the relevant federal and Texas laws, as well as the juvenile justice system, is essential for parents and young individuals facing these charges. Seeking legal representation from an experienced attorney can provide invaluable support and guidance in navigating the legal process and mitigating the consequences of drug-related offenses. With proper legal advocacy and intervention, underage offenders can have the opportunity to learn from their mistakes, receive necessary treatment or support, and move forward toward a brighter future.

Turn to Mark Diaz & Associates if you or your child are facing charges related to drugs in Galveston, Texas. We offer aggressive defense for individuals charged with drug crimes. Whether you’re at the initial stages or heading to trial, we’re here to assist you. Contact our [Galveston drug possession lawyers](/drug-possession/) at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation.

**Categories:** Drug Possession Lawyer

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### [How Drug Trafficking Charges In Texas Can Be Enhanced](https://texascriminaljustice.com/how-drug-trafficking-charges-can-be-enhanced/)

**Published:** May 21, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2024/05/Diaz-4-How-Drug-Trafficking-Charges-Can-Be-Enhanced_May-2024.jpg "drug trafficking")Drug trafficking is a serious criminal offense under both federal and [Texas state law](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), carrying significant penalties for those convicted. In Texas, certain factors can lead to the enhancement of drug trafficking charges, resulting in harsher penalties for offenders. Understanding how these charges can be enhanced is crucial for individuals involved in drug-related offenses and their legal representation. It is imperative to understand the nuances of these laws to mount an effective defense strategy and mitigate the potential consequences effectively.

## The Legal Framework For Drug Trafficking In Texas

Drug trafficking laws in Texas are primarily governed by the [Texas Controlled Substances Act](https://law.justia.com/codes/texas/2011/health-and-safety-code/title-6/subtitle-c/chapter-481/), which classifies drugs into different schedules based on their potential for abuse and medical use. Trafficking offenses involve the manufacture, distribution, sale, or possession of illegal drugs or controlled substances with the intent to distribute.

Under Texas law, drug trafficking charges can vary depending on factors such as the type and quantity of the drug, the offender’s criminal history, and whether aggravating circumstances are present. Aggravating factors can lead to enhanced charges and increased penalties for those convicted.

## Factors Leading To Enhanced Drug Trafficking Charges

Several factors can lead to the enhancement of drug trafficking charges in Texas, including:

### Quantity of Drugs

The quantity of drugs involved in the trafficking offense is a significant factor in determining the severity of charges. Trafficking large quantities of drugs often results in enhanced charges and stiffer penalties, reflecting the potential for greater harm and impact on communities.

### Type of Drugs

Certain drugs, such as heroin, cocaine, methamphetamine, and fentanyl, are considered more dangerous and have higher trafficking penalties than others. Trafficking in these substances typically results in enhanced charges and harsher sentences to deter the distribution of highly addictive and harmful drugs.

### Presence of Firearms

The presence of firearms during drug trafficking activities can lead to additional charges and penalties under Texas law. Possessing or using firearms in connection with drug trafficking offenses can change the way a prosecutor views a particular case given the potential for violence.

### Involvement of Minors

Drug trafficking activities in a drug free zone can lead to enhanced charges and aggravated penalties in Texas. Drug free zones are typically areas where children can be expected to be present such as schools or churches.

### Prior Criminal History

Offenders with prior convictions for drug offenses or other criminal activities may face enhanced charges and increased penalties for subsequent drug trafficking offenses. Repeat offenders are often subject to stricter sentencing guidelines to deter repeat criminal behavior and protect public safety.

## Penalties For Enhanced Drug Trafficking Charges In Texas

The penalties for enhanced drug trafficking charges in Texas can be severe, including lengthy prison sentences, substantial fines, and the forfeiture of assets associated with drug trafficking activities. In some cases, offenders may face mandatory minimum sentences or enhanced sentencing enhancements based on aggravating factors.

Additionally, individuals convicted of drug trafficking offenses in Texas may be subject to federal prosecution, particularly in cases involving large-scale drug distribution networks or trafficking across state lines. [Federal drug trafficking charges](https://www.dea.gov/sites/default/files/2021-12/Trafficking%20Penalties.pdf) can carry even harsher penalties, including federal prison time and significant financial penalties.

## Legal Defenses Against Enhanced Drug Trafficking Charges

When facing enhanced drug trafficking charges in Texas, individuals have the right to defend themselves against allegations and seek the best possible outcome for their case. Common legal defenses against enhanced drug trafficking charges may include challenging the legality of the search and seizure that led to the arrest, disputing the quantity or type of drugs involved, or asserting a lack of knowledge or intent to distribute.

Working with an experienced criminal defense attorney who understands Texas drug trafficking laws and the nuances of the legal system is crucial for mounting a successful defense. An attorney can advocate for the defendant’s rights, investigate the circumstances of the case, and challenge the prosecution’s evidence to secure a favorable outcome, such as reduced charges or dismissal of the case.

## FAQs Enhanced Drug Trafficking Charges Under Texas Penal Code

### What factors can lead to the enhancement of drug trafficking charges in Texas?

In Texas, several factors can lead to enhanced drug trafficking charges, including the quantity and type of drugs involved, prior criminal history, and trafficking across state lines.

### How does the quantity of drugs affect the severity of drug trafficking charges in Texas?

The quantity of drugs involved in a trafficking offense can significantly impact the degree of the charges under Texas law. Trafficking larger quantities of drugs often results in harsher penalties to deter the distribution of significant amounts of illegal substances.

### What role does the type of drugs play in enhancing drug trafficking charges in Texas?

Certain drugs, such as heroin, cocaine, methamphetamine, and fentanyl, are considered more dangerous and have higher trafficking penalties in Texas. Trafficking in these substances typically results in higher degree of offenses which have stiffer penalties and increased minimum sentencing.

### How does prior criminal history impact drug trafficking charges in Texas?

Offenders with prior convictions for drug offenses or other criminal activities may face enhanced charges and increased penalties for subsequent drug trafficking offenses in Texas. Repeat offenders are often subject to stricter sentencing guidelines to deter repeat criminal behavior.

### Can drug trafficking charges be enhanced for trafficking across state lines in Texas?

Yes, trafficking drugs across state lines can lead to enhanced charges under Texas law, as well as federal prosecution. Cases involving large-scale drug distribution networks or trafficking operations may result in federal charges with even harsher penalties, including federal prison time.

### What penalties can individuals face for enhanced drug trafficking charges in Texas?

Penalties for enhanced drug trafficking charges in Texas can include lengthy prison sentences, substantial fines, asset forfeiture, and federal prosecution. Offenders may also face mandatory minimum sentences and enhanced sentencing enhancements based on aggravating factors.

### Are there legal defenses against enhanced drug trafficking charges in Texas?

Yes, individuals facing enhanced drug trafficking charges in Texas have the right to mount a legal defense. Common defenses may include challenging the legality of the search and seizure, disputing the quantity or type of drugs involved, or asserting a lack of knowledge or intent to distribute.

### How can individuals facing enhanced drug trafficking charges seek legal assistance in Texas?

Individuals facing enhanced drug trafficking charges in Texas should seek experienced legal representation to protect their rights and advocate for the best possible outcome. Consulting with a knowledgeable criminal defense attorney can help defendants understand their options and navigate the complexities of the legal system effectively.

Drug trafficking charges in Texas can be enhanced based on various factors, including the quantity and type of drugs involved, the presence of aggravating circumstances, and the offender’s criminal history. Enhanced charges carry severe penalties, including lengthy prison sentences and significant fines, making it essential for individuals facing drug trafficking allegations to seek experienced legal representation.

Understanding the legal framework for drug trafficking offenses in Texas and the potential consequences of enhanced charges is critical for navigating the criminal justice system effectively. By working with a knowledgeable attorney and mounting a strong defense, individuals can protect their rights and pursue the best possible outcome for their case.

## Call Our Galveston Drug Trafficking Attorney For A Free Consultation

If you or someone you know is facing charges related to drug trafficking in Texas, you must seek legal assistance right away. At Mark Diaz & Associates, we offer aggressive and effective representation for individuals accused of any type of criminal offense.

Our experienced legal team comprehensively understands Texas criminal law and we are fully committed to protecting your legal rights and achieving the best possible outcome for your case. Whether you’re at the initial stages of the legal process or require representation for trial, we’re here to assist you.

Take the crucial step toward securing your future by scheduling a free consultation with Mark Diaz & Associates. During this confidential meeting, we’ll assess the details of your case, discuss your legal options, and develop a powerful defense strategy. Contact our [Galveston drug trafficking attorneys](/drug-trafficking/) at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation.

**Categories:** Drug Trafficking Attorney

---

### [Ways Pleading Guilty To A Crime Can Ruin Your Life](https://texascriminaljustice.com/ways-pleading-guilty-to-a-crime-can-ruin-your-life/)

**Published:** June 1, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![guilty](https://texascriminaljustice.com/wp-content/uploads/2024/06/Diaz-1-Ways-Pleading-Guilty-To-A-Crime-Can-Ruin-Your-Life_June-2024.jpg "guilty")When the police arrest someone in Texas, it marks the beginning of a complex legal journey in the criminal justice system. The process typically involves several stages, each with its own set of procedures and potential consequences.

First, law enforcement officers must have probable cause to make an arrest. This means they must have a reasonable suspicion, plus an articulable fact in support of that suspicion, that a person committed a crime. Once arrested, the individual is taken into custody and may be booked at a police station or county jail. During booking, personal information is recorded, fingerprints are taken, and a mugshot is captured.

After booking, the arrested person may be held in jail until their arraignment, at which point they are formally informed of the charges against them and asked to enter a plea. If the individual cannot afford bail, they may remain in custody until their case is resolved.

Following the arraignment, the case proceeds to pretrial hearings, where various legal matters are addressed, such as motions to suppress evidence or dismiss charges. If the case is not resolved during pretrial hearings, it may proceed to trial, where a judge or jury will determine the defendant’s guilt or innocence.

If the defendant is found guilty, they may be sentenced to probation, fines, community service, or incarceration, depending on the severity of the crime and other factors.

## The Right To An Attorney

In Texas, individuals facing criminal charges have the right to legal representation, regardless of their ability to pay. This fundamental right is enshrined in the [Sixth Amendment to the United States Constitution](https://constitution.congress.gov/constitution/amendment-6/), which guarantees the right to counsel in criminal prosecutions.

If a defendant cannot afford to hire a private attorney, the court will appoint a public defender to represent them. Public defenders are licensed attorneys who work for government agencies and are tasked with providing legal assistance to indigent defendants.

## The Consequences Of A Criminal Conviction On Someone’s Record

A criminal conviction can have severe and far-reaching consequences for an individual’s life. In addition to potential incarceration, fines, and other penalties, a criminal conviction can also have long-term effects on a person’s employment, housing, and personal relationships.

Many employers conduct background checks on job applicants, and a criminal conviction can make it difficult to secure employment, especially in specific industries or professions. Similarly, landlords may be hesitant to rent to someone with a criminal record, making it challenging to find housing.

Additionally, a criminal conviction can impact a person’s immigration status, driving privileges, and parental rights. It can also result in the loss of certain civil rights, such as the right to vote or own a firearm.

Overall, the [consequences of a criminal conviction](https://www.ojp.gov/pdffiles1/nij/grants/251583.pdf) can be severe and lasting, making it essential for individuals facing criminal charges to seek competent legal representation and explore all available defense options.

## Ways Pleading Guilty To A Crime Can Ruin Your Life

Pleading guilty to a crime can have devastating consequences that extend far beyond the immediate legal penalties. From damaging one’s reputation to limiting future opportunities, the ramifications of a guilty plea can be profound.

First and foremost, a guilty plea results in a criminal conviction, which becomes a permanent part of the individual’s record. This can affect their ability to secure employment, housing, and financial opportunities for years to come.

Additionally, a criminal conviction can strain personal relationships and damage one’s reputation in the community. Friends, family members, and colleagues may view the individual differently after learning of their criminal record, leading to social isolation and stigma.

Furthermore, a criminal conviction can result in the loss of certain rights and privileges, such as the right to vote, own a firearm, or hold public office. These civil disabilities can have long-lasting effects on the individual’s life and future prospects.

Moreover, a criminal conviction can lead to financial hardship, as individuals may struggle to find employment or secure housing with a tarnished record. This can result in economic instability and make it challenging to rebuild one’s life after serving a sentence.

## The Pros And Cons Of Using A Public Defender

Public defenders serve a crucial role in the criminal justice system by providing legal representation to individuals who cannot afford to hire a private attorney. While public defenders are dedicated professionals committed to upholding their clients’ rights, there are both advantages and disadvantages associated with utilizing their services.

### Pros

**1. Cost-Effective Representation** – One of the primary advantages of using a public defender is that their services are typically provided at little to no cost to the defendant. For individuals facing financial hardship, the option of receiving competent legal representation without incurring substantial fees can be invaluable.

**2. Experience** – Public defenders are licensed attorneys who specialize in criminal defense. They have experience handling a wide range of cases, from misdemeanors to serious felonies, and are familiar with the local court system and procedures. This experience enables public defenders to provide competent representation to their clients, even in complex legal matters.

**3. Equal Access to Justice** – Public defenders play a crucial role in ensuring equal access to justice for all individuals, regardless of their socioeconomic status. By providing legal representation to indigent defendants, public defenders help level the playing field and ensure that everyone has the opportunity to defend themselves against criminal charges.

**4. Familiarity with the System** – Public defenders work within the criminal justice system on a daily basis and have established relationships with judges, prosecutors, and other legal professionals. This familiarity with the system can be beneficial to the defendant’s case, as public defenders understand how to navigate the complexities of the legal process and negotiate effectively on their clients’ behalf.

**5. Protection of Constitutional Rights** – Public defenders are dedicated to upholding their clients’ constitutional rights and ensuring fair treatment under the law. They work tirelessly to investigate the facts of the case, challenge evidence, and advocate for favorable outcomes for their clients.

### Cons

**1. Heavy Caseloads** – One of the most significant challenges faced by public defenders is their heavy caseloads. Due to limited resources and high demand for their services, public defenders often juggle multiple cases simultaneously, which can impact the amount of time and attention they can devote to each client’s case.

**2. Limited Resources** – Public defender offices often operate with limited resources, including staffing, funding, and access to investigative resources. As a result, public defenders may face challenges in providing thorough and comprehensive representation to their clients, particularly in cases that require extensive investigation or expert testimony.

**3. Potential for Conflicts of Interest** – Public defender offices may represent multiple clients who are co-defendants or have conflicting interests. In such cases, public defenders must navigate potential conflicts of interest and ensure that they are able to provide zealous advocacy for each client without compromising their ethical obligations.

**4. Limited Control over Case Strategy** – Defendants who choose to use a public defender may have less control over the direction of their case compared to those who hire a private attorney. Public defenders are bound by ethical obligations and office policies, which may influence the strategies they employ in defending their clients.

**5. Perception of Inadequate Representation** – Despite their dedication and experience, public defenders may face stigma or negative perceptions from some individuals who believe that they provide inferior representation compared to private attorneys. This misconception can undermine confidence in the public defender system and deter some defendants from utilizing their services.

Public defenders play a vital role in the criminal justice system by providing legal representation to indigent defendants. While there are both advantages and disadvantages associated with using a public defender, it is essential to recognize the invaluable service they provide in upholding the constitutional rights of all individuals and ensuring access to justice for those who cannot afford private representation.

## The Value Of Retaining A Private Criminal Defense Attorney

Retaining a private criminal defense attorney can offer several advantages over using a public defender. A private attorney can provide personalized attention and dedicate more time and resources to building a solid defense strategy. Additionally, private attorneys may have specialized knowledge or experience in certain areas of criminal law, which can be beneficial to the defendant’s case.

Furthermore, private attorneys often have smaller caseloads than public defenders, allowing them to devote more time and attention to each client’s case. This can result in a higher level of service and a better outcome for the defendant.

Pleading guilty to a crime can have far-reaching consequences that can ruin an individual’s life in numerous ways. From damaging their reputation to limiting their future opportunities, the impact of a guilty plea can be devastating and long-lasting. Therefore, it is crucial for individuals facing criminal charges to carefully consider their options and seek competent legal representation to navigate the complexities of the criminal justice system.

## Contact Our Galveston County Criminal Defense Lawyer

Accused of a crime in Texas? Don’t face the legal system alone. It’s essential to take proactive steps to defend yourself and safeguard your rights by seeking the guidance of an experienced criminal defense attorney. By retaining our skilled legal advocate, you can effectively navigate the complexities of the criminal justice process and mount a strong defense against unfounded accusations. Empower yourself to protect your future and ensure fairness in the legal system. Contact our [Galveston County criminal defense lawyer](/criminal-defense/) at 409-515-6170 to [schedule your free consultation](/landing-form/) and take control of your defense today.

**Categories:** Criminal Defense Lawyer

---

### [Understanding the Conditions of Bail/Bond](https://texascriminaljustice.com/understanding-the-conditions-of-bail-bond/)

**Published:** January 10, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Criminal Defense Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/02/Diaz-1-Understanding-the-Conditions-of-Bail_Bond_February2020.jpg "Diaz – 1 – Understanding the Conditions of Bail_Bond_February2020")Bail/bond is money a defendant must pay to get released from custody while their case is still making its way through the criminal justice system. Though the terms both have the same effect, they technically mean different things and are often confused or used interchangeably. “Bail” is the amount of money the defendant must pay the court to secure his release. A bond is bail money paid by a bonding company, or a surety, on the defendant’s behalf. Bonds are most common in the criminal justice system. Typically, the defendant secures a loan for the bail amount with collateral and typically, must pay 10 percent of the bail amount to the bonding company.

Defendants who are bailed out or bonded out of jail will be subject to certain bond conditions. You must comply with the conditions set by the court and also, any conditions agreed upon with the bonding company. Failure to do so could result in the bonding company or the court forfeiting your bond and issuing a warrant for your arrest. Here, our top-rated [Galveston, TX criminal defense attorney](/mark-diaz/) explains the most important things you need to know about bond conditions in Texas.

## A Judge Will Sign an Order Setting Conditions of Bond/Release

To be released on bail/bond, a Texas judge must first sign an Order Setting Conditions of Bond/Release. Essentially, this court order allows a defendant to be let out of custody and it also imposes specific conditions on their release. Whatever conditions a judge includes in the order must be followed until the case is fully resolved. Should a defendant violate the conditions of their release, their bail/bond may be revoked.

### What Can Be Included in Bail/Bond Conditions?

The conditions of bail vary based on each individual’s case. Under Texas law ([Code of Criminal Procedure Art. 17.01](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm)), judges have the legal authority to put into place any conditions that are deemed to be reasonable to protect the safety of the victim and the community as a whole. In most cases, one of the fundamental conditions of bail/bond is contact restriction. Defendants are frequently required to stay away from the alleged victim(s) of the crime. Other examples of common conditions put into place in Texas include:

- Requirements to attend all court hearings;
- Location restrictions and curfews;
- Regular reporting to law enforcement;
- Avoid using any illegal drugs;
- Avoid consuming alcohol
- Surrender of firearms; and
- Surrender of passport.

To be clear, the court can also put many other conditions in place — assuming those conditions are deemed to be reasonable and/or necessary to protect the health and safety of the victim and the community.

### Bail/Bond Conditions Can Be Challenged and Revised

In Texas, the conditions of bail/bond are not permanent. They can be challenged by the prosecution and, if warranted by new evidence or new developments, the conditions can also be revised. In some cases, the state fights hard to get the most stringent possible conditions put into place, potentially even trying to get bail/bond denied. The court has a duty to come to a balanced decision, respecting the interests of all parties. Fortunately, your defense attorney can also challenge bond conditions put into place and potentially get certain conditions removed or modified. Our Texas criminal defense lawyer can help you seek bail/bond with reasonable conditions, which allow you to live your life while you are waiting for your day in court.

## Frequently Asked Questions About Bail In Texas

### What is Bail?

Bail is money or property that a defendant gives to the court as a guarantee that they will return for their court appearances. If the defendant fails to appear, the court keeps the bail money or property.

### How is Bail Amount Determined?

The amount of bail is set by a judge or magistrate at the defendant’s first court appearance, known as an arraignment. The judge considers factors such as the severity of the alleged crime, the defendant’s criminal history, and whether the defendant is a flight risk.

### Do I Have to Use a Bail Bondsman?

No, you can pay the full bail amount yourself if you have the funds. However, if you cannot afford the full amount, you can use a bail bondsman. Typically, you will pay the bondsman a fee (usually around 10% of the bail amount), and the bondsman will post bail on your behalf.

### What Happens if I Cannot Afford Bail?

If you cannot afford bail, you will remain in custody until your court date or until bail is posted on your behalf. You can also request a bail reduction hearing if you believe the bail amount is too high.

### Can Bail Be Refunded?

Yes, if you attend all court appearances and comply with any conditions set by the court, you will receive your bail money back at the end of your case.

### What Happens if I Fail to Appear in Court?

If you fail to appear in court, the court will issue a warrant for your arrest, and you may lose your bail money or property. Additionally, you could face additional charges for failing to appear.

### Are There Any Restrictions While Out on Bail?

Yes, the court may impose certain conditions, such as travel restrictions, electronic monitoring, or regular check-ins with a bail officer. It’s important to follow these conditions to avoid further legal trouble.

### What Should I Do If I’m Arrested?

If you’re arrested, it’s important to contact a criminal defense attorney as soon as possible. They can help you understand your rights, navigate the bail process, and build a defense strategy.

## Consult with Our Galveston, TX Criminal Defense Lawyer Right Away

Mark A. Diaz is an experienced, aggressive criminal defense attorney. If you have any questions or concerns about the conditions of bail/bond, we are here to help. To arrange a free initial consultation, please [contact us](/landing-form/) today. With our law office in Galveston, we represent defendants throughout the region.

(Updated 1/10/2025)

**Categories:** Bail Bond

**Tags:** bail, bond

---

### [Texas Implied Consent Law and Refusal of Blood Test Requests](https://texascriminaljustice.com/texas-implied-consent-law-and-refusal-of-blood-test-requests/)

**Published:** January 13, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI Attorney](https://texascriminaljustice.com/wp-content/uploads/2020/03/Diaz-1-Texas-Implied-Consent-Law-and-Refusal-of-Blood-Test-Requests_March2020-1.jpg "Diaz – 1 – Texas Implied Consent Law and Refusal of Blood Test Requests_March2020")Many people ask us about the consequences of refusal of blood test requests. Drivers who have been pulled over on suspicion of intoxicated driving often wonder: Am I required to take a blood test? In Texas, you have two options: either consent to a blood test or deny consent. If you choose to provide a blood specimen voluntarily, you have an opportunity to minimize your administrative penalties.

However, if you deny consent to take a blood test, you force the officer to get a warrant for your blood. Although the administrative penalties may be more severe, the benefits of making the officer get a warrant for your blood can help you during your criminal case.

Here, our [Galveston DWI defense attorney](/dwi-charges/) provides an overview of the Texas implied consent law and explains what will happen if you refuse a blood test request.

## Implied Consent in Texas: Three Things to Know About Blood Test Refusals

1. ### Drivers in Texas Automatically Consent to Post-Arrest Chemical Testing

Under the Texas implied consent law, drivers that are arrested for DWI can deny the officer’s consent to do a blood test. However, once the officer gets a warrant for your blood, refusal to provide blood can result in additional criminal penalties. Once the officer gets a warrant, you are required to comply with the warrant.

To be clear, the implied consent law applies to post-arrest testing. You do not have to take a field sobriety test. While an officer may ask you to participate in a voluntary Standardized Field Sobriety Tests (SFSTs), you have the right to decline. In contrast, after being arrested for intoxicated driving, refusal of a blood test or a breath test will result in administrative sanctions.

2. ### A Refusal of Blood Test Requests Will Result in Automatic Administrative Penalties

If you do not provide consent for the testing of your blood and require the officer to get a warrant, you will face administrative penalties. The consequences for refusal to take a blood test depend, in part, on whether you have a previous DWI refusal or conviction on your record:

- **First Time Refusal**: 180-day suspension of your driver’s license.
- **Subsequent Refusals**: 2-year suspension of your driver’s license.

As explained by the [Texas Department of Public Safety (TDPS)](https://www.dps.texas.gov/DriverLicense/alr.htm), drivers who refuse blood/breath tests will receive a suspension notice. You have 15 days to appeal this suspension from when you got the notice. If you fail to do so, the administrative suspension will take effect. A criminal defense attorney is your best opportunity to prevent your driver’s license from being suspended.

Note: Even if your driver’s license is suspended, non-commercial drivers may be eligible for an “[Occupational License](https://www.dps.texas.gov/DriverLicense/OccupationalLicense.htm)” which permits driving for essential, limited purposes during the period of license suspension.

3. ### Prosecutors Can Still Pursue Criminal DWI Charges

The administrative suspension for a blood test refusal is a separate legal action from any criminal charges. In other words, you can still be prosecuted for a DWI even if you refused to provide a sample. Prosecutors may decide they have enough evidence to bring charges without a blood or breath sample. Though, in some cases, they may decide the opposite — dropping the case. If you refused a blood test, you need an experienced Texas DWI defense lawyer on your side. Your lawyer will protect your rights.

## Frequently Asked Questions About Texas Implied Consent Law

### What is Texas Implied Consent Law?

Texas Implied Consent Law means that anyone who drives a vehicle in Texas automatically consents to submit to chemical testing (such as breath, blood, or urine tests) if they are arrested for driving while intoxicated (DWI).

### What Happens if I Refuse to Take a Chemical Test?

If you refuse to take a chemical test when requested by law enforcement, your driver’s license can be automatically suspended for 180 days for a first offense and up to two years for subsequent offenses. Additionally, the fact that you refused the test can be used as evidence against you in court.

### Are There Any Exceptions to the Implied Consent Law?

Yes, there are a few exceptions. For example, if you have a medical condition that prevents you from taking a breath test, you may be allowed to take a blood or urine test instead.

### What Types of Tests are Covered by Implied Consent Law?

The law covers field sobriety tests, chemical tests (breath, blood, or urine), and breathalyzer tests.

### Can I Appeal a License Suspension?

Yes, you have the right to request an administrative hearing to contest the suspension of your driver’s license. It’s advisable to consult with a lawyer to help you with this process.

### What Should I Do If I’m Stopped for Suspected DWI?

If you’re stopped for suspected DWI, it’s important to remain calm and cooperate with law enforcement. You should also be aware of your rights and consider contacting a lawyer as soon as possible.

## Schedule a Free Confidential Consultation With Our Galveston DWI Defense Lawyer Today

Mark A. Diaz is an experienced DWI attorney. If you or your loved one was arrested for intoxicated driving and refused a blood test, we are here to help. To schedule a no cost, completely confidential case evaluation, please [contact our law firm](/contact/) at (409) 515-6170. With an office location in Galveston, we defend DWI charges throughout the region, including in Texas City, La Marque, Bayou Vista and Hitchcock.

(Updated 1/13/2025)

**Categories:** DWI defense attorney

**Tags:** refusal of blood test requests

---

### [Sealing DWI Conviction Records in Texas: What You Need to Know](https://texascriminaljustice.com/sealing-records-of-a-dwi-conviction-in-texas-what-you-need-to-know/)

**Published:** January 13, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston DWI Lawyers](https://texascriminaljustice.com/wp-content/uploads/2020/07/Mark-Diaz-1-Sealing-Records-of-a-DWI-Conviction-in-Texas_-What-You-Need-to-Know_July2020.jpg "Galveston DWI Lawyers")

Many people ask us about sealing DWI conviction records in Texas. A criminal record can cause an individual a lot of problems. It could make it more challenging to pass a background check, get a job, or even get approved for a home loan or apartment. In the old days, a DWI conviction in Texas could not be sealed. So, what may have been a one-time mistake for many people stayed on their public criminal record forever.

However, in 2017, a new law passed allowing certain people a true second chance to clear their record. Texas Gov. Greg Abbott signed [HB 3016](https://capitol.texas.gov/tlodocs/85R/billtext/html/HB03016F.HTM) into law, allowing for the nondisclosure of certain criminal records, including misdemeanor first-time DWIs. The law was enacted to apply to all cases going forward, but also it applies retroactively too to cases in the past that meet the criteria set out. In this article, our [Galveston DWI defense attorney](/dwi-charges/) explains what you need to know about getting a DWI conviction sealed in Texas.

## Getting a DWI Conviction Sealed in Texas: An Overview of the Requirements

Unfortunately, not all criminal DWI convictions can be sealed (or non-disclosed) in Texas. To be eligible for a nondisclosure, your case must meet some basic requirements. Specifically, a person petitioning for nondisclosure of a DWI conviction must prove:

1. There was no conviction of DWI as a Class A misdemeanor, meaning with a BAC of 0.15 or higher;
2. The DWI must not have involved an accident with another person, including the driver/passenger of the other vehicle involved as well as a passenger in the same vehicle, regardless of whether anyone was injured;
3. The person must have no prior convictions, including probation or deferred adjudication, for anything other than minor traffic offenses

If you do not meet all of the above criteria, your DWI conviction is likely ineligible for nondisclosure under the new DWI nondisclosure legislation. If you are unsure as to whether you qualify to get your DWI conviction sealed, a Galveston, Texas criminal defense lawyer can offer guidance.

In the event you do meet the above criteria, the next step is to determine when you may apply for the nondisclosure, or in other words, determine what waiting period you fall under.

### What is the Waiting Period to Get a First-Time DWI Conviction Sealed in Texas?

If the above eligibility criteria is met, then the next step is to determine the applicable waiting period. This determination is dependent on two facts – whether the person received probation; and whether the sentence included a requirement that an interlock device be installed in their vehicle for a period of at least six (6) months. The waiting periods are identified below based on the facts present in the specific case:

- **2 years from date probation terminated successfully**: If the person received probation, successfully completed all requirements, and had an interlock installed for at least 6 months while on probation, then that person may petition for a nondisclosure 2 years after the date they are formally discharged from that probation.
- **3 years after the date sentence completed**: If a person resolved their case in another way other than by completing probation, and they had an interlock installed for at least 6 months, that person may petition for a nondisclosure 3 years after the date they completed their sentence.
- **5 years after completion of sentence or probation**: If a person was not required to install an interlock for at least 6 months, they can still petition for a nondisclosure five years after the completion of their sentence or their probation.

Galveston DWI Attorneys answer frequently asked DWI questions people in Texas want to know the answers to in this recent Facebook Live.

## Frequently Asked Questions About Sealing DWI Records In Texas

### What is an Order of Nondisclosure?

An Order of Nondisclosure allows certain criminal records, including misdemeanor DWI convictions, to be sealed from public view. This means that most employers and the general public will not be able to see the conviction on your record.

### Who is Eligible to Seal a DWI Record?

To be eligible for an Order of Nondisclosure, you must meet the following criteria:

1. The DWI conviction must be a misdemeanor (Class B or C).
2. Your blood alcohol concentration (BAC) must be below 0.15.
3. The DWI must not have involved an accident with another person.
4. You must have no prior convictions, including probation or deferred adjudication, for anything other than minor traffic offenses.

### What is the Waiting Period?

The waiting period before you can apply for an Order of Nondisclosure depends on whether you received probation and whether you were required to install an interlock device in your vehicle. Generally, the waiting periods are:

- **6 months** if you received probation and had an interlock device.
- **2 years** if you received probation but did not have an interlock device.
- **5 years** if you did not receive probation.

### How Do I Apply for an Order of Nondisclosure?

You must file a petition for an Order of Nondisclosure with the court that handled your DWI case. It’s advisable to consult with a criminal defense attorney to guide you through the process and ensure all requirements are met.

### Can a Felony DWI Conviction Be Sealed?

No, felony DWI convictions are not eligible for sealing under the current Texas law.

### What Should I Do If I’m Unsure About My Eligibility?

Consult with a criminal defense attorney who can review your case and provide guidance on whether you qualify for an Order of Nondisclosure.

## Call Our Galveston Texas DWI Nondisclosure Attorney for Help

Mark A. Diaz is an experienced criminal defense lawyer. We can help you take action to get the records of a DWI conviction nondisclosed. For a confidential, no-commitment assessment of your case, please do not hesitate to [contact our law firm](/contact/) today. With an office location in Galveston, we represent clients throughout Southeast Texas.

(Updated 1/13/2025)

**Categories:** DWI defense attorney

**Tags:** Sealing DWI Conviction Records

---

### [What Is the Difference Between Homicide And Manslaughter?](https://texascriminaljustice.com/what-is-the-difference-between-homicide-and-manslaughter/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Manslaughter](https://texascriminaljustice.com/wp-content/uploads/2021/01/Manslaughter.jpg "Manslaughter")

## Homicide vs. Manslaughter

When a person’s actions result in the death of another human being, prosecutors may charge that person with some type of homicide under the [Texas Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm#:~:text=(a)%20A%20person%20commits%20criminal,the%20death%20of%20an%20individual.). The laws governing homicide in Texas are actually quite complex and subject to confusion. Indeed, many non-lawyers use terms like “homicide,” “murder,” and even “manslaughter” interchangeably without really understanding the difference.

So, here is a brief primer on what these terms really mean, and how each type of charge can affect a defendant in a particular case.

The first thing you need to know is that “homicide” is not actually a specific crime. Rather, it is a category of criminal offenses. In Texas, homicide includes four distinct crimes:

1. Murder
2. Capital Murder
3. Manslaughter
4. Criminally Negligent Homicide

Let’s take each one of these in turn.

## What Is Murder?

In its simplest form, a murder occurs when a person intentionally or knowingly kills another person. However, it can also occur when a person only intended to cause the victim “serious bodily injury” and as a result, causes another’s death. There is also what is known as “felony murder.” This refers to a situation where a person started out intending to commit some other felony and while committing or attempting to commit that felony, the person’s behavior was so dangerous as to cause the death of another.

Felony murder is thus an exception to the normal rule that murder required intent to harm or kill the victim. Here is a simple illustration of what we mean. Two men decide to rob a bank. They don’t actually want to hurt anybody, so they decide to use fake guns without any ammunition. They succeed in convincing the bank teller to give them money. While fleeing the scene, the robber driving the getaway car accidentally strikes and kills a pedestrian woman trying to cross the street.

Under these circumstances, prosecutors could charge both robbers with felony murder. No, the robbers never intended to kill anyone, especially a woman walking down the street. But that does not matter as far as the law is concerned. Felony murder can occur as a result of acts taken “in immediate flight” from the commission of the underlying felony, In this example, the robbery.

Regardless of whether we are talking about “classic” murder or felony murder, the Texas Penal Code treats the offense as a first-degree felony. This means that if convicted, a person faces a prison term of between 5 and 99 years and a fine not to exceed $10,000.

It is possible to reduce a murder charge to a second-degree felony during the punishment phase of the defendant’s trial. If the defendant can show they committed murder “under the immediate influence of sudden passion arising from an adequate cause.” This effectively can reduce the penalty to that of a second-degree felony. The most commonly cited example of this type of “sudden passion” murder is a scenario where a person sees their spouse in bed with another and, acting out of rage, kills the lover.

Basically, the actor must show they acted out of a sudden and uncontrollable rage and did not act with premeditation in killing the other. To alter the above example slightly, if the defendant responded to their spouse’s affair by stalking the lover for several days and then killing them, that would not be considered an act of passion, and instead would be a premeditated crime.

Also note, a second-degree felony charge is not a “get out of jail free” defense. On the contrary, a second-degree felony carries a maximum sentence of 20 years in jail. Of course, it is still better than a life sentence for a first-degree felony conviction.

## What Is Capital Murder?

Texas is well known as a death penalty state. But it is important to understand that not every murder carries a potential death sentence. Texas law makes a clear distinction between murder and capital murder.

Capital murder is basically murder that involves one or more special circumstances. These circumstances include but are not necessarily limited to:

- The victim was a police officer or fireman who was performing their duties and was known to the defendant as a police officer or fireman at the time of the murder.
- The defendant committed the murder in the course of committing–or attempting to commit–certain other felonies, such as burglary or rape.
- The defendant committed a murder-for-hire.
- The defendant committed the murder while trying to escape from prison.
- The defendant is currently in prison and murdered a prison employee.
- The defendant murdered multiple persons as part of the same “criminal transaction” or as part of the “same scheme or course of conduct.”
- The defendant’s victim was under the age of 15.
- The defendant committed murder in retaliation against a judge.

A capital murder conviction does not always mean the death penalty. For example, if a person was under the age of 18 when they committed the capital murder, the mandatory penalty is life. And for adults over 18 years old, a jury can elect to sentence the defendant to either death or life imprisonment without the possibility of parole in cases where the State sought the death penalty.

## What Is Manslaughter?

Manslaughter is when someone “recklessly” causes the death of another person. This is the key distinction between murder and manslaughter. Murder requires proof of intent to kill. But with manslaughter, the intent is irrelevant. What matters is that the defendant’s actions were so reckless that they led to the death of another.

Some states make a further distinction between “voluntary” and “involuntary” manslaughter. In this context, voluntary manslaughter is similar to the “crime of passion” murder described above. The Texas Penal Code, however, does not formally define separate crimes of voluntary and involuntary manslaughter.

There are, however, certain special cases of manslaughter. One of the most common is intoxication manslaughter. This occurs when a defendant is intoxicated and, by reason of that intoxication, causes the death of another person “by accident or mistake.” In other words, if a person gets behind the wheel while intoxicated and causes a fatal accident as a result of his or her intoxication, that person will likely be charged with intoxication manslaughter.

Even in non-DWI cases, recklessly driving your vehicle can lead to manslaughter charges. A driver who is distracted, fatigued, impaired, or who has simply disregarded basic traffic laws–e.g., speeding or running a red light–can face possible manslaughter charges if their actions lead to someone else’s death.

And while manslaughter may not seem as severe a crime as murder or capital murder, it is still classified as a second-degree felony in Texas. So, if convicted, a person can still be sentenced to up to 20 years in prison.

## What Is Criminally Negligent Homicide?

One step below manslaughter is the charge of criminally negligent homicide. As the phrase suggests, this applies to situations where the defendant caused the death of another person due to criminal negligence. But what exactly is “criminal negligence”?

The easiest way to explain it is that criminal negligence refers to conduct that a person should know would create a “substantial and unjustifiable risk” to human life. It is more than ordinary negligence in that it requires some degree of gross deviation from the normal standards of what is considered civilized conduct.

One example of criminal negligence is hazing. For instance, say a college fraternity decides to initiate new members or pledges by forcing them to drink a large amount of alcohol in a short period of time. As a result, a pledge dies of alcohol poisoning. Prosecutors could charge the fraternity leaders who orchestrated and supervised the event and hazing with criminally negligent homicide.

While still a serious offense, criminally negligent homicide is the lowest degree of homicide in Texas. It is a state jail felony. This carries a jail term between 180 days and 2 years, and a fine of no more than $10,000. Keep in mind, however, that the line separating criminally negligent homicide and manslaughter can be tricky, and aggressive prosecutors may try and pursue the second-degree felony manslaughter charge when plausible.

## How Do You Defend Against A Homicide Charge?

If you are facing any of the homicide charges described above, you need to call an experienced [Galveston criminal defense attorney](/homicide/) as soon as possible. A murder or manslaughter charge will not simply disappear just because you tell the police you are innocent. You need a lawyer who will aggressively represent your interests in court and defend you to the best of their ability.

Even if you were involved in a person’s death, a defense lawyer can help protect and defend you in court. For example, in many homicide cases, the evidence only supports a manslaughter charge at best, yet the district attorney insists on prosecuting the case as a murder. But if the prosecution cannot prove you acted with premeditation, then a jury must acquit you of murder. Similarly, a prosecutor may pursue a case of criminally negligent homicide as manslaughter. Having a qualified defense lawyer at your side can help you negotiate a plea agreement to a more appropriate–and less severe–charge in some cases.

If you need legal representation or advice regarding homicide or manslaughter charges, contact Mark Diaz, [Galveston County homicide defense attorney](/homicide/), today at (409) 515-6170 to schedule a free consultation.

## Frequently Asked Questions About Homicide In Texas

### What is Homicide in Texas?

Homicide is defined as the act of causing the death of another person. In Texas, it includes murder, capital murder, manslaughter, and criminally negligent homicide.

### What are the Different Types of Homicide?

1. **Murder**: Intentionally or knowingly causing the death of another person. It can be classified into first-degree (premeditated) and second-degree (intentional but not premeditated) murder.
2. **Capital Murder**: A more severe form of murder that includes specific circumstances, such as killing a police officer or committing murder during another felony. It can result in the death penalty.
3. **Manslaughter**: Recklessly causing the death of another person without intent to kill.
4. **Criminally Negligent Homicide**: Causing death through criminal negligence.

### What are the Penalties for Homicide?

Penalties vary based on the type of homicide:

- **Murder**: First-degree murder can result in life imprisonment or the death penalty. Second-degree murder can lead to significant prison time.
- **Capital Murder**: Can result in the death penalty or life imprisonment without parole.
- **Manslaughter**: Can result in up to 20 years in prison and fines.
- **Criminally Negligent Homicide**: Can result in up to 2 years in prison and fines.

### What Defenses are Available?

Common defenses include:

- **Self-defense**: Claiming the act was necessary to protect oneself.
- **Defense of others**: Protecting another person.
- **Lack of intent**: Arguing there was no intention to cause harm.

### Can Homicide Charges be Dismissed?

Yes, charges can be dismissed if there is insufficient evidence to prove guilt beyond a reasonable doubt. Other circumstances, such as lack of intent or successful self-defense claims, can also lead to dismissal.

## Contact Our Galveston Criminal Defense Attorneys

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 1/8/2025)

**Categories:** Criminal Defense Lawyer

**Tags:** homicide, manslaughter, murder

---

### [How Severe Is The Punishment For Weapons Charges in Texas?](https://texascriminaljustice.com/how-severe-is-the-punishment-for-weapons-charges-in-texas/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Weapons Charges](https://texascriminaljustice.com/wp-content/uploads/2021/03/Weapons-Charges.jpg "Weapons Charges")Texas has long had a reputation as a state friendly towards the right to bear arms. But that does not mean you cannot face serious legal charges in connection with carrying–or using–certain weapons. On the contrary, Texas has some very strict weapons laws that need to be understood and followed. And if you are caught in possession of a weapon illegally, you may be facing some serious jail time.

## How Do Texas Gun Licensing Laws Work?

First, let’s start with how you can *legally* carry a firearm. Texas is what we call a “shall-issue” jurisdiction when it comes to handgun licensing. This means that if a person meets certain legal criteria, the Texas Department of Public Safety must issue that person a license to carry a handgun. Law enforcement thus has no discretion in the matter: Either a person qualifies for a gun license or they do not.

So, what are the eligibility criteria? [Section 411 of the Texas Government Code](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.171) states a person qualifies for a license to carry if they:

- are at least 21 years old, unless you are a member or veteran of the armed forces, in which case you may be eligible for a license at 18
- have been a legal resident of Texas for at least 6 months before they applied for a license
- does not have a felony conviction on their record
- have not been convicted of a Class A or B misdemeanor within the past 5 years
- are not currently charged with, or under indictment for, a felony or a Class A or B misdemeanor
- are not currently a fugitive from justice facing a Class A or B misdemeanor charge
- are not addicted to drugs or alcohol
- does not have a diagnosed psychiatric disorder that prevents them from “exercising sound judgment” when it comes to using or storing a handgun
- meet all federal and state requirements for purchasing a handgun
- have not been found “delinquent” when it comes to making tax, child support, or student loan payments
- are not currently subject to a restraining order affecting a spouse or other individual

Up until 2015, the Department of Public Safety only issued “concealed carry” handgun licenses. But as of 2016, Texas is now an “open carry” jurisdiction. This means you may carry a handgun concealed or openly, but you still need a license either way. And aside from meeting the eligibility requirements specified above, you also need to complete a state-approved instruction course before you can receive a License to Carry (LTC).

## What Are Restricted Areas For Guns In Texas?

Even with an LTC, you can still be charged with a federal or state weapons charge if you carry a handgun into certain restricted areas. Some of the more common restrictions include:

- You typically may not carry a handgun into any building or property owned by the United States federal government, as its restrictions on firearms preempt Texas law.
- Similarly, you normally cannot carry a firearm into a state or municipal court building, unless you are an employee or officer of the court.
- You can be charged with a felony if you carry a handgun into any building or location when used as a polling place for an election; this includes buildings that would otherwise allow open carry of firearms during non-election times.
- You can be charged with a felony if you carry a firearm onto the premises of any school or educational institution unless the institution itself provides written authorization or the governing body has a rule permitting open carry. Indeed, some Texas schools have such policies expressly permitting their employees to carry licensed handguns.
- You can be charged with a Class A misdemeanor for carrying a handgun into a building or facility that is actively hosting a sporting event; there is an exception for participants in a sporting event who need such weapons, such as someone in a shooting competition.
- You cannot carry firearms into a jail, prison, or any other correctional facility, including any location within 1,000 feet of where a legal execution is being performed.

### Trespass and Handguns

In general, you may possess and carry a licensed handgun onto any private property when not expressly forbidden by law. However, you may still be charged with “trespass” if the property owner notifies you they do not allow weapons on their property. If a residential or commercial property owner posts a sign barring anyone from carrying a concealed weapon on the premises, a failure to heed such notice is a Class C misdemeanor.

But if you enter the property with your gun and are personally told that concealed weapons are not permitted, and you subsequently fail to leave, then you can be charged with a Class A misdemeanor. But if you “promptly depart” after receiving oral notice of the owner’s no-firearms policy, you cannot be convicted of trespass.

Similar rules apply to private property restrictions on the open carry of weapons, although the signage requirements differ somewhat.

## What Are Illegal Weapons In Texas?

Up to this point, we have only addressed handguns. But there are many other types of weapons that a person may possess or use. And many of these weapons are illegal. Here are just some of the illegal weapons specifically identified in the Texas Penal Code:

- Explosives, machine guns, and firearms, unless they are registered with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosive, or they are classified as historical relics (i.e., they were manufactured before 1899)
- Armor-piercing bullets
- Chemical dispensing devices
- Zip guns
- Tire deflation devices
- Firearms silencers, unless it complies with federal law or is classified as a historical relic;
- any “improvised” explosive device, i.e., a homemade bomb constructed using nonmilitary components
- a rifle with a barrel length of fewer than 16 inches
- a shotgun with a barrel length of fewer than 17 inches
- an altered shotgun or rifle with an overall length of 26 inches
- a “hoax bomb,” i.e., a device that “reasonably appears” to be a bomb or designed to convince law enforcement that it is a bomb

## What Are Punishment Levels For Weapons Charges?

The specific facts surrounding a weapons charge can make a big difference in how your case is prosecuted. For example, let’s say you carry an unlicensed handgun into a store. You can be charged with a Class A misdemeanor. But if you carry that same weapon into a restaurant that has a liquor license, then you are facing a third-degree felony charge.

So, what does that mean in practical terms? Well, Texas divides its Penal Code into felonies and misdemeanors. Misdemeanors are those offenses punishable by less than 1 year in jail, while felonies typically carry longer sentences in prison. In the above hypothetical example, a third-degree felony carries a mandatory minimum sentence of 2 years in prison and a maximum penalty of 10 years in prison. A Class A misdemeanor, in contrast, only carries the possibility of up to 1 year in jail.

In addition to any prison time, you also may have to pay a fine if you are convicted of a weapons charge. The amount of the fine will vary based on the offense level. For a Class A misdemeanor, the maximum allowable fine is $4,000. For a felony, it is up to $10,000.

## What Are The Collateral Consequences of a Weapons Conviction?

Aside from serving a prison term and paying a fine, a conviction on any weapons charge can have significant consequences for you moving forward. For one thing, you will now have a criminal record. That can affect everything from finding a job to renting an apartment.

Ironically, if you are convicted of a Class B misdemeanor weapons charge or higher, that can make you ineligible to own a legal handgun. As noted above, a misdemeanor conviction bars you from obtaining a license to carry in Texas for 5 years.

In fact, even a [convicted felon may keep a gun at home after 5 years](/what-are-restrictions-on-convicted-felons-in-texas/). However, a felon cannot legally possess such weapons out in public ever. In addition, even if the State of Texas has no problem with a person previously convicted of a crime from having a gun at home, it may still violate federal law, which is much stricter on this subject.

In sum, you do not want any type of weapons-related conviction on your record. And in many cases, it is possible to beat a weapons charge. As you can see, the laws and regulations governing weapons are quite complex. And in many cases, police and prosecutors make key mistakes that can help a defendant. For instance, an allegedly illegal weapon may have been recovered during a search that was illegal or violated the suspect’s constitutional rights.

## Texas Weapons Charges Frequently Asked Questions

### What Constitutes a Weapons Charge in Texas?

A weapons charge in Texas involves carrying or owning a weapon in a manner that violates state laws. This can include carrying a weapon openly or concealed without the proper licensing, or possessing prohibited weapons like explosive devices or machine guns.

### What are the Different Types of Weapons Charges?

There are several types of weapons charges in Texas, including:

- **Unlawful Carrying of a Weapon (UCW)**: Carrying weapons in certain public places against the law.
- **Possession of a Prohibited Weapon**: Owning items like explosive weapons, machine guns, or short-barrel firearms.
- **Unlawful Possession of a Firearm**: Convicted felons and individuals with certain mental health conditions are barred from owning firearms.
- **Unlawful Transfer of a Weapon**: Illegally selling or giving away firearms.
- **Carrying a Weapon in a Prohibited Place**: Restrictions on carrying weapons in places like schools, government buildings, and bars.
- **Making a Firearm Accessible to a Child**: Charges for not securely storing a firearm, allowing child access.
- **Improper Discharge of a Firearm**: Firing a firearm in populated or restricted areas.
- **Deadly Conduct**: Recklessly discharging a firearm toward individuals or buildings.

### What are the Penalties for Weapons Charges?

Penalties can range from fines to imprisonment, depending on the type of charge, the individual’s criminal history, and the specifics of the offense. For example, carrying a weapon in a prohibited place can result in fines and jail time, while possession of a prohibited weapon can lead to more severe penalties.

### Can I Carry a Firearm in Texas Without a License?

Yes, Texas has a “constitutional carry” law, which allows individuals to carry a handgun in most public places without a license. However, there are still restrictions on carrying in certain places like schools, government buildings, and bars.

### What Should I Do If I’m Facing a Weapons Charge?

If you’re facing a weapons charge, it’s crucial to consult with an experienced criminal defense attorney who can provide guidance and help you navigate the legal process. They can help you understand your rights and build a defense strategy.

## Contact Our Galveston Criminal Defense Lawyers

Our qualified [Galveston criminal defense attorney](/) can review your weapons charge and help you formulate an appropriate legal strategy. Contact attorney Mark Diaz today at (409) 515-6170 to schedule a consultation.

(Updated 1/8/2024)

**Categories:** Weapons Charge

**Tags:** Criminal Defense Attorney, Weapons Charge

---

### [How An Assault Conviction Can Affect Your Life](https://texascriminaljustice.com/how-an-assault-conviction-can-affect-your-life/)

**Published:** January 10, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Assault Defense Lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/03/Assault-Defense-Lawyer.jpg "Assault Defense Lawyer")Nobody wants a criminal charge on their record. In fact, even a single conviction can turn a person’s life upside down and cause rippling effects that last well beyond any formal sentence. Even so, many people still fail to appreciate these consequences when facing criminal charges. Maybe it’s because you’ve never been in trouble before, or maybe you simply are unaware of how a conviction can affect you. For instance, if you have been charged with “assault,” you likely don’t understand the intricacies of the charge and the often harsh consequences that follow it. As such, here is a brief overview.

## **Misdemeanor Assault and Battery**

In some parts of the United States, “assault and battery” refer to two distinct crimes. Usually, assault refers to threatening someone with imminent bodily harm, while battery is when you actually make physical contact. Texas law does not actually have a separate criminal offense for battery. Instead, there are different degrees of criminal assault that a person can be charged with depending on the facts and circumstances of their case.

The law regarding assaultive offenses in Texas can be found in [Chapter 22 of the Texas Penal Code](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.011). Some of the most common assault charges in Texas are:

- Class C Misdemeanor Assault
- Class A Misdemeanor Assault (Assault Causing Bodily Injury)
- Assault on a Peace Officer (Third-Degree Felony)
- Aggravated Assault Causing Serious Bodily Injury (usually Second-Degree Felony)
- Aggravated Assault with a Deadly Weapon (usually Second-Degree Felony)
- Assaultive offenses against people in protected classes can be found in Section 22.04 of the Texas Penal Code, which includes Injury to a Child, Elderly Individual, or Disabled Individual.

### **Class C Misdemeanor Assault**

A person commits a Class C misdemeanor assault if he or she “intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.” Tex. Penal Code § 22.01(a)(3).

### **Class A Misdemeanor Assault (Assault Causing Bodily Injury)**

Class A misdemeanor assault occurs if a person intentionally, knowingly, or recklessly caused “bodily injury” to the complainant. Tex. Penal Code § 22.01(a)(1). The Texas Penal Code defines “bodily injury” to mean: “physical pain, illness, or any impairment of physical condition.” Basically, did it cause the person any amount of pain – if so, then “bodily injury” is satisfied under the law. In effect, this means that the prosecutor only has to prove that the alleged victim experienced pain.

### **Assault on a Public Servant**

The same assault offense elements stated above apply in cases where it is a police officer who is assaulted or the alleged victim. However, because the alleged victim is a public servant, those cases are often charged as a Third-Degree Felony, Assault on a Public Servant. This offense carries a punishment range of no less than 2 years in prison and no more than 10 years in prison.

### **Aggravated Assault in Texas**

Under § 22.02 of the Texas Penal Code, you’ll find the offenses of Aggravated Assault Causing Serious Bodily Injury and Aggravated Assault with a Deadly Weapon. These cases are normally charged as Second-Degree Felonies and carry a punishment range of no less than 2 years in prison and no more than 20 years in prison.

A person commits the offense of Aggravated Assault Causing Serious Bodily Injury if he or she commits an assault that causes “serious bodily injury.” The law defines “serious bodily injury” as bodily injury that creates: (1) a substantial risk of death or that causes death; or (2) serious permanent disfigurement; or (3) protracted loss or impairment of the function of any bodily member or organ.

A person commits the offense of Aggravated Assault with a Deadly Weapon if he or she uses or exhibits a deadly weapon during the commission of an assault. “Deadly weapon” means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. In effect, a “deadly weapon” can be a variety of things – including a person’s hands or any other instrument used that fits the above definition.

### **Injury to a Child, to an Elderly Person or to a Disabled Person**

Charges of Injury to a Child, Injury to an Elderly Individual, or Injury to a Disabled Person are felonies, although the degree of felony depends upon the actor’s level of intent and the extent of injury to the alleged victim. Generally speaking, the offense level for this charge begins at the Third-Degree Felony level and goes up from there.

## COLLATERAL CONSEQUENCES

An assault arrest alone can be life-changing for many, if not all. After something like this happens to our clients, they often ask us if their lives will ever truly be the same? The reality is that many Texans find there are long-term collateral consequences to an assault conviction. Every person’s situation is different, of course, but here are some of the more common problems that individuals face following a conviction.

### Employment

If you currently work in a profession that requires a state license, the licensing authority may revoke that license if you are convicted of felony assault. You can even lose your license for a misdemeanor assault conviction if it is considered a “crime of moral turpitude.” Keep in mind, there are a lot of professions subject to professional licensing in Texas. We are not just talking about doctors and lawyers. A conviction could mean you are unable to work as a barber, architect, or even as a real estate agent.

Even if you work in a non-licensed profession, many employers are reluctant to hire individuals with any recent criminal record. Texas does not prevent employers from conducting criminal background checks on job applicants. And even when an employer has no formal policy against hiring convicts, they may informally prefer applicants with “clean” records.

### Housing

As with employment, nothing in Texas law prevents a landlord from using criminal history to screen job applicants. So, you can be legally denied the ability to rent an apartment if you have an assault conviction. At the same time, landlords may not use criminal history as a pretext or cover for illegal forms of housing discrimination. For instance, a landlord cannot have a policy of only refusing to rent apartments to African-Americans or immigrants with an assault conviction.

### Education

Conviction of a felony and certain misdemeanor charges can render a person ineligible for many common forms of federal educational assistance, including student loans. This can make it financially impossible to attend college. In addition, some colleges may use a criminal conviction as grounds for denying admission to their programs.

### Civil Rights

A felony conviction automatically deprives you of the right to vote in elections. Felons may also not serve on a jury or hold any public office. A felony or misdemeanor conviction can also restrict your right to possess or carry firearms under both state and federal law. The federal government may also deny or revoke your passport if you have a criminal record, meaning you would be unable to legally travel outside of the United States. And if you are an immigrant living in Texas, an assault conviction can result in the loss of your legal status and possibly lead to your deportation.

### Family Rights

Particularly when your assault conviction involves a family member, that can significantly impact any pending legal cases regarding divorce or child custody. A judge could factor your conviction into any decision to award custody or visitation rights. Remember, in these cases, the court must look at what is in the “best interest of the child,” and any history that suggests violent behavior on your part may be cited against you.

## Frequently Asked Questions On Assault In Texas

### What is considered Assault in Texas?

Assault in Texas is defined as:

- Intentionally, knowingly, or recklessly causing bodily injury to another person.
- Intentionally or knowingly threatening another person with imminent bodily injury.
- Intentionally or knowingly causing physical contact with another person when the offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative.

### What are the Penalties for Assault?

Penalties for assault can vary based on the severity of the offense and the circumstances. Simple assault is typically a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. However, aggravated assault, which involves causing serious bodily injury or using a deadly weapon, can be charged as a felony with much harsher penalties.

### Can Self-Defense be Used as a Defense?

Yes, self-defense is a legitimate defense in an assault case. If you can prove that you were protecting yourself or another person from imminent harm, you may be justified in using force.

### What Should I Do If I’m Charged with Assault?

If you’re charged with assault, it’s crucial to consult with an experienced criminal defense attorney. They can help you understand your rights, build a defense strategy, and navigate the legal process.

### Can Assault Charges be Dismissed?

Yes, assault charges can be dismissed if there is insufficient evidence to prove guilt beyond a reasonable doubt. Other circumstances, such as lack of intent or successful self-defense claims, can also lead to dismissal.

## Speak With Our Galveston County Assault Lawyer Today

The best way to avoid the long-term consequences of an assault conviction is not to be convicted in the first place. This may be easier said than done depending on the strength of the prosecution’s case against you. One thing we can say, however, is that your chances of a more favorable resolution to your assault charge will greatly improve if you work with an experienced [Galveston criminal defense attorney](/). If you are facing an assault charge and need qualified legal representation, contact attorney Mark Diaz today at (409) 515-6170 to schedule a consultation.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 1/10/2025)

**Categories:** Assault

**Tags:** Assault, Criminal Defense Attorney

---

### [5 Reasons to Never Speak to Police Without a Lawyer](https://texascriminaljustice.com/5-reasons-to-never-speak-to-police-without-a-lawyer/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![right to remain silent, Miranda rights, criminal defense lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/04/right-to-remain-silent-Miranda-rights-criminal-defense-lawyer.jpg "right to remain silent, Miranda rights, criminal defense lawyer")“You have the right to remain silent.” This famous statement is part of the Miranda warning that every police officer must give to a criminal suspect who is under arrest. Yet, despite the fact that all of us are at least familiar with the concept of the right to remain silent, many suspects ignore that fact and simply start talking to the police anyway, without first contacting an attorney for advice.

This is almost always a mistake. An experienced criminal defense attorney can not only help you assert and protect your legal rights, but they can also give you a stronger position when dealing with officers and prosecutors. To put it simply, don’t talk to the police when you’re under suspicion of a crime without consulting with an attorney first.

**If you still need convincing, here are 5 reasons why you shouldn’t talk to the police (even if you are not technically under arrest) without talking to an attorney first:**

## **1.** You Always Have the Right to Remain Silent.

The right to remain silent comes from the Fifth Amendment to the United States Constitution. It states that no person “shall be compelled in any criminal case to be a witness against himself.” This has a few different meanings. First and foremost, it means the prosecution cannot force you to testify at your own trial. Of course, you have the right to do so but that is a choice the law protects you in making; your decision not to testify may not be treated as evidence of your guilt or be used against you by the jury in determining guilt.

The right to remain silent also means you do not have to answer any questions from the police related to the investigation of a possible crime. You do not have to tell the police anything. This applies even when you are not in police custody or under arrest. If an officer stops you on the street and asks you about a possible crime, you do not have to answer.

Another key element of the right to remain silent is the ability to stop answering questions at any time. Let’s say you do initially decide to speak with the police and answer some questions. If you start to become uncomfortable at any point during the interrogation, you are free to invoke your Fifth Amendment rights and stop talking so you can talk to an attorney first.

Now, it is important to understand that the Miranda warning is only triggered once you are actually in custody. That is to say, while you always have the right to remain silent, the police are only required to advise you of this right once you are either under arrest or in a similar custodial situation. By “custodial,” we basically mean a scenario where you are not free to leave or walk away from the police.

## **2.** You Always Have the Right to Have an Attorney Present During an Interrogation.

The second part of the Miranda warning explains that you have the right to consult with an attorney before speaking with the police. This right comes from the Sixth Amendment, which provides that in all criminal prosecutions, the accused has the “right to the assistance of counsel for his defense.”

We often hear that people are reluctant to invoke their right to speak with an attorney because they fear it will just make them “look guilty” to the police. Generally speaking, maybe that is the case, but if you’re being questioned in the first place, then someone (police or investigator who is questioning you) already thinks you’re guilty, so don’t make it worse for yourself. Here’s why:

First, if you are already in custody, it is because the police believe–or at least strongly suspect–that you did something wrong. Not having a lawyer present is unlikely to change that view. Second, an experienced criminal defense attorney understands how the police and the legal system work. The police are counting on the suspect’s ignorance to work in their favor. A lawyer simply helps you level the playing field. Think about it this way—there’s a reason why the police get upset when you invoke your rights to an attorney. It helps you and hurts them.

## **3.** The Police Can Lie to You–But Not Vice Versa.

In every television police drama, you will see police officers resort to intentional lying and trickery to get a defendant to confess. This is not an exaggeration. Police officers are free to lie during an interrogation. Perhaps they told you that they had a witness who saw you commit the crime (even though they don’t). Or maybe they offer you a cup of coffee as a means of getting a DNA sample without your knowledge. Unfortunately, all of this is perfectly legal.

On the flip side, however, if the police think that you are lying to them, you can be arrested and charged with a crime just for that. Under [Section 37.08 of the Texas Penal Code,](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.08) it is a Class B misdemeanor to “knowingly” make a “false statement” to a police officer if it is considered “material to a criminal investigation.” This means that you could technically face 180 days in jail for lying to the police, even if you did not commit the underlying crime that was under investigation.

Given this imbalance in the law, it is again critical to understand and invoke your right to remain silent. Even answering seemingly innocuous questions may simply be a scheme to trick you into saying something that can land you in trouble. A good attorney knows how to help you avoid these pitfalls.

## **4**. Anything You Say Can Be Used Against You.

The Miranda warning also famously advises suspects that anything they say can be used against them in a court of law. The key word here is “anything.” Even before you are placed under arrest, any statement you make is potential evidence. Let’s say a police officer pulls you over to issue a traffic ticket. If during the traffic stop, the officer suspects there may be some more serious crime afoot–drinking and driving, drug possession, etc.–they might start asking questions in hopes that you will say something incriminating.

At this point, you are not in a custodial situation, so the officer does not have to give a Miranda warning before asking these questions. Still, any information you volunteer is potential evidence. So, if the officer asks, “Did you have any drinks tonight?”, and you reply, “a couple of beers,” you have basically just given evidence against yourself. That answer may give the officer probable cause to place you under arrest. Don’t help the police collect evidence to arrest you!

To be clear, when an officer conducts a lawful traffic stop, you do have to tell them your name and provide a copy of your driver’s license upon request. Beyond that, however, you do not have to volunteer any information about where you have been or where you are going. If the officer persists, tell them you will not answer any further questions until you have had an opportunity to speak with a criminal defense lawyer.

## **5**. The Police Will Not “Make You a Deal.”

This is another thing we see in a lot of police dramas: the officer tries to get a suspect to talk by saying, “We’ll put in a good word for you with the DA.” This is just plain nonsense. The police do not have the authority to make any “deals” or decisions regarding the final disposition of a criminal case. The function of the police is to investigate possible crimes and make arrests–period. Once a suspect is caught, the case is handled by the local District Attorney’s office.

Obviously, you can make a deal with the District Attorney. Most criminal cases are, in fact, resolved through some sort of plea bargain. But you are more likely to get a better deal if you work with a qualified criminal defense attorney. As we discussed above, a lawyer understands how the criminal justice system works better than you. A good lawyer knows how cases similar to yours have been disposed of by a plea bargain. This knowledge can give you leverage when dealing with the DA. In some cases, this can mean the difference between jail time and probation, or even having a felony charge knocked down to a misdemeanor or in certain unique cases, getting a dismissal.

Conversely, if you have already made incriminating statements to the police without a lawyer present, you may not have much leverage at all. Why would a prosecutor make a deal with a defendant who has made an unequivocal confession after receiving a proper Miranda warning? The less you say upfront, the better your position will be if and when the case makes it to the DA.

## Frequently Asked Questions About Talking To Police

### Do I have to talk to the police if they stop me?

You have the right to remain silent and the right to an attorney. You can choose to answer questions or remain silent, but it’s often best to politely ask for a lawyer.

### What should I do if I’m pulled over by the police?

Pull over safely, turn off your engine, and keep your hands visible. Be polite and cooperative, and provide your license, registration, and proof of insurance when asked.

### Can I refuse to answer police questions?

Yes, you can refuse to answer questions without a lawyer present. It’s important to stay calm and respectful while asserting your rights.

### What are my rights if I’m arrested?

You have the right to remain silent, the right to an attorney, and the right to a phone call. You should ask for a lawyer immediately and avoid answering any questions without legal representation.

### Can the police search my car without a warrant?

Police can search your car without a warrant if they have probable cause to believe there is evidence of a crime. However, you can refuse consent to a search.

### What should I do if I witness a crime?

Call 911 and provide as much detail as possible about the crime, the suspects, and your location. Stay safe and avoid confronting the suspects.

### How can I file a complaint against a police officer?

Contact the police department’s internal affairs division or civilian complaint board. Provide details of the incident, including the officer’s name, badge number, and any witnesses.

### What is the Miranda warning?

The Miranda warning informs you of your right to remain silent and your right to an attorney. It must be given before any custodial interrogation.

### Can I record police officers in public?

Yes, you can record police officers in public as long as you do not interfere with their duties. However, laws vary by state, so it’s best to be aware of local regulations.

### What should I do if I believe my rights have been violated by the police?

Document the incident, gather witness statements, and contact a lawyer. You can file a complaint with the police department or seek legal action if necessary.

## Contact Our Galveston Criminal Defense Attorney Today

Miranda rights are the foundation of our criminal justice system. No matter what crime a person is suspected of, they have the right to remain silent and to consult with an attorney. You should never feel ashamed or embarrassed to exercise these rights. If you need to speak with a Galveston criminal defense lawyer, [contact Mark Diaz today.](/landing-form/)

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 12/11/2024)

**Categories:** Criminal defense attorney

**Tags:** Criminal Attorney

---

### [What Is Considered A Controlled Substance In Texas?](https://texascriminaljustice.com/what-is-considered-a-controlled-substance-in-texas/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug crime lawyers in Galveston](https://texascriminaljustice.com/wp-content/uploads/2021/07/drug-crime-lawyers-in-Galveston-1.jpg "drug crime lawyers in Galveston")With all the legal details, statutory definitions, and evidence issues involved with drug crimes, many people tend to overlook one basic component of the criminal case: Exactly what is considered a controlled substance in Texas. The point is a very important one, since state laws on possession, manufacturing, and trafficking all center on the type of drug involved with the associated misconduct. Together, these crimes are termed “Drug Abuse” in the annual [*Texas Arrest Data*](https://www.dps.texas.gov/sites/default/files/documents/crimereports/14/citch9.pdf) report prepared by the Texas Department of Public Safety (DPS), which indicates:

- Officials arrest almost 140,000 every year for drug abuse offenses
- The majority of charges involve possession, at close to 123,000 annually
- More than half of all drug possession arrests in Texas are for marijuana, at 55 percent
- Almost 17,000 individuals are arrested for manufacturing such controlled substances as cocaine, heroin, and narcotics.

Still, these numbers only represent arrests made based upon probable cause. The prosecutor in any criminal case must establish guilt beyond a reasonable doubt, which is a much higher standard. Specifically in a case involving violations of controlled substances laws, one of the major elements the prosecution must prove is the type of drug and amount. As a result, your strategy in fighting the charges could also revolve around the concept.

Though you should always trust your [Galveston drug crime attorneys](/drug-possession/) to handle necessary legal tasks for your defense, some general information may help you understand what is considered a controlled substance in Texas.

## The Starting Off Point is Drug Penalty Groups

The current system of classifying drugs has been in place since the enactment of the Controlled Substances Act in 1970, which created categories based upon the potential for abuse and whether the drug had an accepted medical use. The Texas Controlled Substances Act generally mirrors the federal statute, establishing a system of Penalty Groups 1 through 4 and a special class for marijuana.

Schedules include:

- ***Schedule I:*** Considered high risk and not usable for medical purposes, drugs in this category include heroin, cocaine, and LSD.
- ***Schedule II:*** There is still a potential for abuse, but these controlled substances are in use by the medical profession. Morphine and methadone are examples.
- ***Schedule III:*** These drugs are moderate in terms of dependence and are legal if when properly prescribed, but there are significant restrictions on prescriptions. For instance, though steroids are suitable for serious respiratory issues, they could be misused by athletes.
- ***Schedule IV:*** The potential for abuse is low in this category, and there are limited barriers to obtaining a legal prescription for such drugs as Xanax and Ambien.
- ***Schedule V:*** There is a low risk of dependence, but controlled substances in this class still require a prescription.

Any drug appearing on these Schedules is considered a controlled substance, but classification is just the first inquiry. Additional issues that impact Texas drug crimes cases are the amount, your activities with respect to the substance, and attendant circumstances.

### Possession of Controlled Substances

To obtain a conviction for drug possession, a prosecutor must prove that you knowingly had control over a controlled substance in violation of Texas law. Note that:

- The prosecutor’s burden is guilt beyond a reasonable doubt, as it is in all criminal cases
- By including the term “knowing,” the statute establishes that intent is an essential element of the crime
- Possession does not merely mean having a drug on your person or in a pocket. You could be charged with constructive possession whenever the controlled substance is under your control

A conviction for drug possession is a Class A Misdemeanor for smaller amounts of less serious controlled substances, punishable by one-year incarceration, a maximum $4,000 fine, or both. However, drug possession could be charged as a felony, which considerably increases the penalties for a conviction.

### Texas Drug Manufacturing Laws

The prosecution must prove, beyond a reasonable doubt, that the defendant engaged in manufacturing and related activities with the intent to deliver a controlled substance. Some important factors include:

- Manufacturing encompasses a broad swath of activities associated with controlled substances, including preparation, packaging, converting, mixing, combining, cultivating, producing, or cooking.
- You could also face charges for having certain compounds in your possession, though you have not yet combined them if the circumstances indicate an intent to manufacture.

Depending on where the drug falls within the Texas Penalty Group system, manufacturing a controlled substance could be a State Jail Felony. For a conviction, a judge could sentence you to 180 days to two years imprisonment, plus a maximum fine of $10,000. However, drug manufacturing could be a more serious felony with longer terms of incarceration as described below.

### Trafficking in Controlled Substances

Also familiarly known as illegal distribution, drug trafficking charges may apply if you knowingly deliver controlled substances in the Penalty Groups. However, you could also be arrested when the surrounding circumstances indicate an intent to distribute drugs, even if there is no transaction. The amount of the controlled substance is one factor that can take a case from drug possession to trafficking; other evidence that points toward distribution might be large amounts of cash or drug paraphernalia.

Drug trafficking under certain amounts may be charged as a State Jail Felony with the penalties mentioned above, but the punishment for higher quantities could be:

- At least 2 and up to 10 years in prison, plus a $10,000 fine for a Third Degree Felony
- Anywhere from 2 to 20 years for a Second Degree Felony
- At least 5 and potentially up to 99 years for First Degree Felony drug trafficking

### Special Considerations Regarding Marijuana

One of the biggest differences between Texas and federal law is the treatment of marijuana, which appears on Schedule I under the U.S. statute. State law separates marijuana from the four Penalty Groups, but it is still considered a controlled substance in Texas. Recreational pot is not legal, and medical marijuana is only available under extreme circumstances. Therefore, possession of any amount is a criminal offense as follows:

- Less than two ounces, a Class B Misdemeanor punishable by at least 180 days and up to 2 years incarceration
- It is a Class A Misdemeanor to possess 2 to 4 ounces
- Up to five pounds is a State Jail Felony
- Third and Second Degree Felony charges apply to 5-50 and 50-2,000 pounds respectively
- More than 2,000 points is a First Degree Felony

Selling marijuana is also a crime, but the threshold amounts are much lower because the offense is viewed as being more serious than possession. Selling .25 ounce or less is a Class A or B Misdemeanor, depending on whether there was remuneration.

### Impact of Aggravating Circumstances

You should keep in mind that penalties for controlled substance possession, manufacturing, or trafficking can be more extreme in certain cases. For instance, the offense is elevated one degree if your conduct takes place in a drug-free zone, such as a school, daycare facility, playground, or other spaces designated by law. In addition, punishment for a conviction may also be more severe when the defendant:

- Has a prior criminal history
- Engaged in additional illegal conduct
- Was in possession of a weapon

### **How Galveston Drug Crime Attorneys Can Help**

This information about [Texas drug laws](/texas-drug-laws-what-you-dont-know-can-hurt-you/) may seem overwhelming, but it is important to understand that there are strategies for fighting the charges. If police violated your civil rights, such as by conducting an unlawful search and seizure in violation of the Fourth Amendment, you may get the charges dismissed during the pretrial phases of the case. Plus:

- Considering the high burden for the prosecutor, you could get an acquittal by exposing weaknesses in the evidence or testimony.
- A drug crime lawyer in Galveston can advise you on affirmative defenses, such as lack of intent, no knowledge of the nature of the drug, or having a valid prescription for the controlled substance.
- You may qualify for a diversion program for marijuana possession if you are a first-time offender, a type of probation where you go through rehab instead of going to jail.
- It may be possible to work out a plea bargain for reduced charges or a lower sentence.

## Frequently Asked Questions About Controlled Substances In Texas

### What are Controlled Substances?

Controlled substances are drugs that have a high potential for abuse and dependence. They are categorized into five schedules (I-V) based on their medical use and potential for abuse.

### What are the Penalties for Possession of Controlled Substances?

Penalties vary depending on the schedule of the drug and the amount possessed. For example:

- **Schedule I-V drugs**: Possession can result in fines, probation, and imprisonment. The severity increases with the schedule and quantity of the drug.
- **Schedule I drugs**: These have the most severe penalties, including long-term imprisonment and substantial fines.

### What is the Texas Prescription Monitoring Program (PMP)?

The Texas PMP is a database that tracks the prescribing and dispensing of controlled substances to prevent abuse and diversion. Healthcare providers must check the PMP before prescribing controlled substances to ensure patients are not obtaining multiple prescriptions from different sources.

### Can I Prescribe Controlled Substances Electronically?

Yes, Texas law requires electronic prescribing for all controlled substances (Schedules II-V) unless an exception applies. This helps reduce prescription fraud and ensures accurate record-keeping.

### What are the Exceptions to Electronic Prescribing?

Exceptions include situations where electronic prescribing is not feasible due to technological failures, when the patient needs immediate access to the medication, or when the prescription is for a drug that requires additional information not supported by electronic systems.

### What Should I Do If I Suspect Someone is Abusing Controlled Substances?

If you suspect someone is abusing controlled substances, you can report it to local law enforcement or contact the Texas Prescription Monitoring Program for guidance on how to proceed.

### How Can I Obtain Official Prescription Forms for Controlled Substances?

Healthcare providers can order official prescription forms online through the Texas State Board of Pharmacy website. These forms are necessary for prescribing Schedule II medications and must include accurate information about the prescriber and the patient.

## Set Up a Consultation with Our Skilled Galveston Drug Crime Attorneys

This description of what constitutes a controlled substance may be useful for understanding the basics, but an overview cannot replace the benefits of retaining experienced legal counsel to assist with your case. You can see that the nature of the drugs will determine whether you face felony or misdemeanor charges. The penalties for either are severe, and your sentence for a conviction will depend in large part on the type of controlled substance. You can rely on your lawyer to use the details and potential defenses to your advantage.

If you were arrested on drug possession, manufacturing, or trafficking charges, please contact Mark Diaz, Criminal Defense Attorney, to discuss your case. You can call (409) 515-6170 to schedule your free appointment with one of our [drug crime lawyers in Galveston](/landing-form/). After we review your circumstances, we can determine a strategy for obtaining a favorable outcome.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 1/8/2025)

**Categories:** Criminal Defense Lawyer

**Tags:** Controlled Substance, Criminal Attorney

---

### [Why You Need a Lawyer for Drug Charges in Texas](https://texascriminaljustice.com/why-you-need-a-lawyer-for-drug-charges-in-texas/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug charges in Texas](https://texascriminaljustice.com/wp-content/uploads/2021/08/drug-charges-in-Texas.jpg "drug charges in Texas")

## Texas Drug Laws

Texas drug laws are among the strictest in the US. Statistics from the Department of Public Safety reveal the diligent, pervasive efforts of the police. According to the annual publication on Crime in Texas from 2019, law enforcement officers made more than 128,000 arrests for drug abuse violations in the State of Texas. Of these arrests, it can be broken down into two types of activities involving drug abuse violations:

1. Possession. The vast majority of drug arrests in 2019 in Texas are for possession, with almost 108,500 arrests for possession of the total drug abuse arrests of 128,000+.
2. Manufacture/Delivery. Nearly 20,000 people were arrested for drug manufacturing/delivery in the year 2019.

However, [these figures merely report arrests](https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf) for drug charges in Texas. An arrest is the beginning of the criminal law process in Texas, and all it should mean that the police had probable cause to believe you committed a crime. From this point on, your focus should be leveraging every opportunity to defend against the allegations.

Retaining a [drug crime lawyer in League City](/drug-trafficking/) is a priority for a number of reasons. For example, it is important to understand the basics about your rights, the laws, and defense strategies to be used to help you in fighting your case. Some background information may be useful, along with specific reasons why you need a lawyer for drug charges in Texas.

### Types of Drug Charges in Texas

While every drug offense case is different, Texas criminal laws define three main classifications of unlawful activity involving controlled substances:

1. Possession: You could be arrested for drug possession if you knowingly or intentionally have the controlled substance on your person or otherwise have control over it. Examples of possession include having the drug in a purse within your reach, or a backpack, the glove box of your car, or a container at your home or business.
2. Trafficking: This drug offense targets transactions in controlled substances, including sales and other exchanges involving something of value. An arrest for drug possession may often turn into a trafficking charge when the amount or other factors indicate the intent to sell or distribute to others. If you have a stash of cash or drug packaging materials as well as large quantities of the controlled substance, law enforcement may pursue the more serious crime of drug trafficking.
3. Manufacturing: To prove manufacturing, the prosecutor must show that you produced, cultivated, or otherwise fabricated a controlled substance. You could face manufacturing charges for growing pot plants, cooking meth, processing cocaine, packaging heroin, and many other activities.

### Penalties for Texas Drug Crimes

The sentencing for a conviction on drug charges is a product of numerous factors, including the nature of the crime as described above, and the type and amount of controlled substance. The Texas Controlled Substances Act creates four penalty groups of drugs, closely mirroring the federal drug classification system that organizes substances into schedules.

Drugs in Penalty Group 1 are considered the most dangerous, while Penalty Group 4 includes less serious controlled substances, though still illegal. Additional implications for sentencing include prior criminal history and aggravating factors, such as taking drugs to a drug-free zone.

Even being in possession of a small amount of a controlled substance can lead to jail time, fines, and a conviction on your criminal record. The penalties may include:

- Possession of less than a gram of a PG 1 or 2 controlled substance is a State-Jail Felony, meaning the punishment range is 180 days to up to 2 years in State-Jail, and a possible fine not to exceed $10,000.
- Possession of 1 to 4 grams of cocaine is a Third-Degree Felony. If convicted of a Third-Degree Felony, you face a punishment range of 2-10 years in prison and a possible fine not to exceed $10,000.

Note that marijuana is a special category within the Texas system of classifying controlled substances. Less than two grams is a Class B Misdemeanor, for which you could be sentenced up to 180 days in jail; however, the penalties increase significantly with higher possession amounts, even reaching First-Degree Felony charges and punishment ranges.

### Reasons You Need a Lawyer for Drug Charges in Texas

Based upon the foregoing information, you can see that retaining skilled legal counsel is critical for fighting a drug crimes case. There are many specific reasons, but they all relate to one central concept: Unless you have an in-depth, extensive background in criminal law, you are at a disadvantage in trying to defend Texas drug charges. On the other side, representing the government, you face a skilled and experienced prosecutor. It is critical to even the playing field by working with a defense attorney who knows how to properly handle defending drug crimes.

With this one notion in mind, some specific factors should motivate you to retain a lawyer:

1. Your drug crimes attorney has knowledge of statutes and case precedent to match that of the prosecutor. These laws describe what facts the prosecutor needs to prove to convict, so they also outline what is necessary to possibly avoid a conviction.
2. After reviewing your circumstances and applying the relevant legal concepts, your lawyer will be able to explain your options and assess the appropriate defense strategy specific to you and your case. You will want and eventually must make informed decisions about your case, so advice and counsel are crucial.
3. Court procedural rules define the criminal process and provide options for requesting the court take certain actions. Defense attorneys know how to navigate these rules and at times, leverage them to gain an advantage during pre-trial phases and at your potential trial.
4. When it comes time for trial, you will need a lawyer with extensive trial advocacy skills and experience with criminal litigation.
5. Facts and evidence play a central role in a drug crimes case, and you need all the information you can gather to defend the charges. As such, assistance from private investigators, forensic professionals, and related resources is important. The most experienced drug crimes attorneys in Texas will have access to these resources, as well as business relationships with specialists who dedicate their time and efforts to assisting in your defense.

### Timeline of a Texas Drug Offense Case

You will need representation throughout all stages of the criminal process, and your lawyer can best support your rights when you retain legal help as early as possible. As soon as you believe you are being investigated or under arrest, get in touch with an attorney who knows how to defend you immediately. You have rights during pre-arrest and post-arrest questioning by police. From there, your lawyer will fight for you through such efforts as:

- Representing you during your first hearing, arraignment, and bond proceedings;
- Engaging in motion practice, such as moving the court to exclude evidence, compel the prosecutor to turn over evidence, or laying out the framework as to why the State should dismiss the charges against you; and,
- Taking advantage of discovery tools to uncover additional information and develop a greater defense.

Once your drug crime charge reaches the point where you must appear in court for your trial (if it gets to that point), your attorney will advocate on your behalf in court. The first stages are jury selection, which provides an opportunity for the attorneys to give jurors a roadmap of the case and of course, chose the jurors who will hear the case and decide on whether to convict or not. Then, the State puts on its case-in-chief, usually beginning by making an opening statement. Your lawyer will be heavily involved in the prosecutor’s case-in-chief, by cross-examining witnesses and raising objections.

When the prosecution rests, it is now the defense’s turn to put on its case-in-chief should it decide to. Understand that the defense does not have a burden of proof, so sometimes it is the best strategy to not put on a case-in-chief if your attorney feels the State has not on its own proven you guilty of the offense you are charged with. At this stage, if the defense does put on a case-in-chief, your attorney will have the chance to call witnesses, present exhibits, and advance legal defense theories that may be present in your case.

Once the defense finishes, then both sides wrap up by presenting closing arguments. At the time of closing arguments, the court will instruct the jury regarding the law of the case, how to conduct jury deliberations, and then you await the verdict. Your lawyer protects your interests during these last stages of the criminal process by ensuring the jury instructions are proper and continuing to defend you at sentencing if you are convicted.

### Strategies for Fighting Drug Charges in Texas

Considering this information on the timeline of a drug crimes case, you should keep in mind the defense strategies that may be effective at different stages. Initially, note that the prosecutor must prove each element of a drug offense beyond a reasonable doubt. This is a high standard for prosecutors to make their case which offers your attorney the opportunity to expose weaknesses in the facts and obtain an acquittal.

Other defenses to Texas drug possession, trafficking, and manufacturing charges include:

- Lack of knowledge or intent, where it must be shown that the defendant intended to possess or knowingly possessed a controlled substance;
- Unlawful search and seizure by law enforcement, which could mean the evidence uncovered as a result of police misconduct is inadmissible against you;
- Law enforcement failure to read your Miranda warnings;
- The controlled substance was not in your control or was entirely within someone else’s control;
- Having a valid prescription; and,
- Many others, depending on the facts of your case.

## Frequently Asked Questions About Drug Charges In Texas

### What is Drug Possession in Texas?

Drug possession occurs when a person knowingly has a controlled substance in their care, custody, or control. Texas law divides possession into two categories: **actual possession** (the drugs are found on the person) and **constructive possession** (the drugs are found in an area the person controls).

### What are the Penalties for Drug Possession?

The penalties for drug possession depend on the type and amount of the drug. For example:

- **Minor drug possession** (less serious drugs) can result in up to 180 days in jail and/or a fine of up to $2,000.
- **Serious drug possession** (strictly controlled drugs) can lead to 10 to 99 years in prison and/or fines up to $100,000.

### What is the Difference Between Possession and Possession with Intent to Sell?

Possession involves having drugs for personal use, while possession with intent to sell involves having drugs with the intention of distributing them. The latter carries more severe penalties.

### Can the Police Search My Property Without a Warrant?

Generally, the police must have a warrant to search your property. However, during a traffic stop, they can search your car if they have probable cause, such as smelling marijuana.

### What is Prescription Fraud?

Prescription fraud involves possessing prescription drugs that were not prescribed to you, forging prescriptions, or doctor shopping for drugs.

### What are Enhancement Penalties?

If you have previous drug-related convictions, the penalties for your current charges can be enhanced, leading to more severe punishments.

### Can I be Charged for Drug Paraphernalia?

Yes, possessing drug paraphernalia is illegal in Texas and can result in a Class C misdemeanor, with fines up to $500.

### How Does Texas Law Address Cannabis-Related Offenses?

Possessing marijuana for personal use is generally a misdemeanor, but possessing hashish can bring felony charges.

If you’re facing drug charges, it’s crucial to consult with an experienced criminal defense attorney who can provide guidance and help you navigate the legal process.

## Set Up a Consultation with a Drug Crime Lawyer in Galveston

This overview should explain why you need a lawyer for drug charges in Texas, especially knowing that the stakes are high in terms of punishment and collateral consequences. If you were arrested, it is critical to retain experienced legal representation at the earliest stages of the criminal process. Our team is prepared to protect your interests, so please call Criminal Defense Attorney Mark Diaz at (409) 515-6170 to set up a free consultation. Our [Galveston drug crimes defense attorneys](/drug-possession/) fight for clients throughout Galveston County and Greater Houston, and we look forward to working with you.

(Updated 1/8/2025)

**Categories:** Drug Crime Lawyer

**Tags:** drug charges, drug laws

---

### [What Are the Ramifications of the Texas Three Strike Law?](https://texascriminaljustice.com/what-are-the-ramifications-of-the-texas-three-strike-law/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas three strike law](https://texascriminaljustice.com/wp-content/uploads/2021/08/Texas-three-strike-law.jpg "Texas three strike law")In every U.S. state and under the federal criminal justice system, a person arrested on criminal charges will generally face harsher punishment when he or she has served a prison term for a priors felony conviction on record. The theory behind the increased penalties is that the individual did not benefit from sentencing related to earlier convictions, making it more likely that he or she will re-offend.

Longer-term incarceration also extends benefits to the public by keeping a dangerous individual behind bars. These statutes are often referred to as “three strikes” laws, taking their name from America’s favorite pastime and the number of previous convictions that trigger harsher sanctions.

Knowing how the Lone Star State is tough on crime, you might correctly assume that the Texas three-strike law includes some of the severest implications compared to other jurisdictions. The Habitual Offender Statute can lead to decades in prison or even life behind bars, even when the third offense is seemingly minor or non-violent. Proponents justify this harsh treatment to reduce recidivism and protect the public, while opponents claim three-strikes laws impinge on constitutional rights.

Despite the controversy, the [Texas habitual offender statute](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm) remains in full force and effect. It can have an extreme impact on your punishment, but there are tactics for avoiding the harsh consequences of a third conviction. While retaining experienced [Clear Lake Shores criminal defense lawyers](/team_member/mark-diaz/) is essential for obtaining a favorable outcome, you may benefit from reviewing the ramifications of the Texas three-strike law.

## Understanding Organization of the State Felony System

It is easier to grasp how the habitual offender law works when you know the basics about criminal classifications. Like other U.S. states, Texas categorizes crimes as misdemeanors or felonies based upon severity. A conviction for any of the three classes of misdemeanors may include fines, probation, and imprisonment, but the jail term is one year or less.

As the more serious offenses, felonies are categorized as follows:

- State Jail Felony: As the least severe crime in its class, a conviction for this type of felony could lead to 180 days to 2 years incarceration and a fine. Stealing a firearm, check forgery, and theft between $2,500 to $30,000 are examples. If there is no indication of the classification in the statutory language, an offense is treated as a State Jail Felony.
- Third Degree Felony: This class of felony is punishable by a mandatory minimum of 2 years up to maximum of 10 years incarceration, along with a fine of up to $10,000. Deadly conduct with a firearm, promoting prostitution, indecent exposure to a child, and stalking fall in this category.
- Second Degree Felony: This class of felony is punishable by a mandatory minimum of 2 years up to the maximum of 20 years incarceration along with a fine of up to $10,000. Examples of this category are robbery, manslaughter, and aggravated assault.
- First Degree Felony: This class of felony is punishable by a mandatory minimum of 5 years incarceration, up to 99 years or life in prison. Attempted murder and aggravated robbery are examples of First Degree Felonies.
- Capital Felony: Texas maintains the death penalty for convictions in this category, but the prosecutor may not seek it in some cases. If convicted, you would be subject to life in prison without parole.

## Details on the Texas Three Strike Law

For an individual with prior “pen trips” (prison terms in the institutional division of the Texas Department of Criminal Justice or TDCJ for short), the statute operates to extend the prison term for subsequent felony offenses. Your first strike would be the initial pen trip, regardless of the details of your sentence. For instance, it does not matter if you received the mandatory minimum instead of 10 years.

However, it is with the second and third strikes that Texas’ habitual offender law can really impact sentencing.

**Strike #2:** A subsequent second felony charge the punishment range will be increased as such:

- If the subsequent case is a First Degree Felony, the mandatory minimum sentence increases from 5 to 15 years incarceration. A court can still order life in prison or up to 99 years.
- If the subsequent case is a Second Degree Felony, the mandatory minimum goes from 2 to 5 years. A judge can also exceed the maximum range of 20 years imprisonment by ordering 99 years or life.
- If the subsequent case is a Third Degree Felony, could mean a minimum of 2 years remain, but the maximum is increased to 20 years of incarceration.
- When the second crime is a State Jail Felony, your sentence could range from 2 to 10 years in prison.

**Strike #3:** Even more drastic increases are at stake when you get a third strike. With the exception of prior State Jail Felonies, any felony charge significantly enhanced punishment range. When you have two prior “pen trips,” the third is punishable by at least 25 and up to 99 years or life in prison. If the two previous cases were for State Jail Felonies, your third strike is treated as a Second Degree Felony.

### Three Strikes Law in Practice

The important takeaway is that the severity of the felony does NOT matter for purposes of your first, second, and third strikes (aside from a State Jail Felony). Even when the first two convictions were for higher-level felonies, a Third Degree Felony conviction could mean life in prison. In addition, the punishment for the Texas three strikes statute is not advisory.

The judge must comply with the requirements of the law, though he or she can use some discretion when it comes to the advisory range. To illustrate, when the mandatory minimum is bumped up for subsequent convictions, a judge cannot go lower than 25 years incarceration.

In addition to the examples above, a felony conviction for any of the following offenses could activate the habitual offender law.

- Criminal homicide, including capital murder, murder, and manslaughter;
- Burglary, robbery, and related theft crimes;
- Sexual assault, aggravated sexual assault, and rape;
- Sexual offenses related to children, such as molestation and indecency;
- Kidnapping and aggravated kidnapping;
- Violent crimes that result in severe injuries or great bodily harm; and,
- Using a gun or other illegal weapon in the commission of a crime.

Note that certain convictions will automatically mean life in prison, particularly with aggravated versions of violent crimes.

### Legal Help from an Experienced Criminal Defense Attorney is Critical

When you know that your potential jail time for a felony conviction could double, triple, or lead to life in prison, you realize the importance of retaining an experienced lawyer. Avoiding the ramifications of Texas’ three strikes law means not being convicted a first or second time, so a powerful defense strategy is crucial.

The prosecution must prove guilt beyond a reasonable doubt to obtain a conviction, and you might be able to prevent the government from meeting this high standard with solid tactics. There are also defenses available to every type of felony charge, and you may be able to leverage them to obtain a positive outcome.

However, once you have one or two felony convictions on your permanent criminal record, your strategy is two-fold:

1. Defending the allegations in the current case to prevent a conviction; and,
2. Working to minimize the implications of the three-strikes law.

With respect to #2, keep in mind that – while applying the habitual offender statute IS required – a judge has some leeway when issuing a sentence within the bumped-up range. Your objective is to ensure your incarceration term stays as close as possible to the mandatory minimum. There are strategies to embark upon during sentencing to convince the judge to lean on the low end, possibly by highlighting mitigating factors.

### What to Look for in a Criminal Defense Attorney

Even once you realize you need a lawyer to advocate on your behalf, you may not know where to begin with finding the right fit. Some tips on choosing an attorney include:

- Only work with a lawyer who focuses on criminal defense, as those who deal in many different practice areas may not have the in-depth knowledge of Texas laws.
- Make sure your lawyer has extensive courtroom experience as primary defense counsel, as opposed to playing a supporting role. You should also look for someone who has worked on numerous felony cases.
- If possible, retain a criminal defense attorney who used to work as a prosecutor. Lawyers who used to prosecute cases bring valuable skills over when going into private practice, as they know how prosecutors think and approach a case.

## Texas Three Strikes Law Frequently Asked Questions

### What is the Texas Three Strikes Law?

The Texas Three Strikes Law mandates increased penalties for individuals convicted of three felony offenses. After two felony convictions, a third felony conviction can result in a mandatory minimum sentence of 25 years to life in prison.

### What Counts as a Strike?

A “strike” is any felony conviction, except for state jail felonies. This includes:

- **First-Degree Felonies**: Serious offenses like murder, aggravated kidnapping, and continuous sexual abuse of a child.
- **Second-Degree Felonies**: Offenses such as manslaughter, sexual assault, and burglary.
- **Third-Degree Felonies**: Crimes like kidnapping, smuggling of persons, and terroristic threats.

### What are the Penalties for a Third Strike?

Upon a third felony conviction, the penalties can be severe, ranging from 25 years to life in prison and fines up to $10,000.

### Are There Any Exceptions?

The law applies to both state and federal courts and does not consider misdemeanor or state jail felony convictions as strikes. However, the constitutionality of the law has been challenged, but it has been upheld by the courts.

### How Can Someone Defend Against a Third Strike?

Defenses can include challenging the validity of prior convictions, arguing lack of intent, or presenting evidence that may mitigate the circumstances of the offense.

## Contact Our Clear Lake Shores Criminal Defense Lawyers Right Away

A summary of the Texas habitual offender statute may be helpful, but you will need skilled legal representation if you were arrested. For more information, please contact Mark Diaz & Associates. Our team fights for clients throughout Galveston County, so please call (409) 515-6170 to [schedule a free consultation](/landing-form/) with a Clear Lake Shores criminal defense attorney. We can advise you on what to expect in a case that triggers Texas’s three-strikes law.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 1/8/2025)

**Categories:** Criminal Defense Lawyer

**Tags:** Texas three strike law

---

### [How to Get a Drug Paraphernalia Charge Dropped in Texas](https://texascriminaljustice.com/how-to-get-a-drug-paraphernalia-charge-dropped-in-texas/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug paraphernalia charge](https://texascriminaljustice.com/wp-content/uploads/2021/10/diaz_drug-paraphernalia-charge.jpg "drug paraphernalia charge")

## Drug Paraphernalia Charges In Texas

It is obvious that someone will face criminal charges for certain activities in connection with controlled substances, but you might be surprised to learn how Texas drug laws apply to the tools people use to engage in illegal misconduct. The Texas Controlled Substances Act criminalizes the [possession or delivery of drug paraphernalia](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.125), and the statute is extremely broad to cover numerous acts. You could be arrested for a drug paraphernalia charge if you use an object to:

- Plant, grow, cultivate, or harvest vegetation that constitutes a controlled substance.
- Manufacture, produce, package, or repack contraband.
- Compound or process materials to create an illegal drug.
- Inhale, consume, or ingest controlled substances.
- Engage in any application related to unlawful drug crimes.

In other words, almost any item under the sun can lead to a drug paraphernalia charge in Texas. Fortunately, the same laws that establish criminal conduct create a heavy burden for the prosecutor to secure a conviction.

There are also defenses listed in the statute, as well as many other strategies for fighting the allegations. A [Houston drug crime defense lawyer](/drug-possession/) can explain details on how to get a drug paraphernalia charge dropped in Texas, but some background may be useful.

### Elements the Prosecution Must Prove In A Texas Paraphernalia Case

As with any criminal case, the government is required to prove guilt beyond a reasonable doubt with respect to every essential element of the offense. There are three separate drug paraphernalia crimes defined by the Texas Penal Code:

1. Possession. It is a crime to intentionally or knowingly possess drug paraphernalia for the purpose of consuming an illicit controlled substance.
2. Sale or Distribution. You could be charged with a higher degree criminal offense if you intend to sell or distribute drug paraphernalia if the purpose of said drug paraphernalia is to make/sell/consume an illicit controlled substance.
3. Sale to Minor. If you are accused of selling drug paraphernalia to a minor (person under 18 years old), then you could be facing a felony charge.

The statutory language reveals a few key points that are central to the prosecution’s burden when presenting its case-in-chief, i.e., introducing exhibits and witness testimony. You might have opportunities to get a drug paraphernalia charge dropped at this first stage of the trial by exposing weaknesses in the evidence. For example:

- Intentional and knowing are terms that relate to your state of mind. The prosecutor must have proof that you acted with this specific intent, and it can be challenging to convince the jury what you were thinking.
- The state must bring forward evidence to prove the object(s) is actually drug paraphernalia, under the legal definition as defined above.
- Possessing drug paraphernalia is only illegal if it was in your possession for the purpose of making, selling, or consuming an illicit controlled substance. Therefore, an effective defense in these cases is to cast doubt on whether the purpose of the drug paraphernalia related to illegal drugs.

## Defense Options in Texas Drug Paraphernalia Cases

Your drug crime defense lawyer will mount a defense to the prosecutor’s case-in-chief, but you should be aware that you have opportunities for fighting the charges even before trial. During pretrial stages, a couple of tactics for defending drug paraphernalia allegations include:

1. If you were subjected to unlawful search and seizure by law enforcement in violation of your Fourth Amendment rights, any evidence turned up by misconduct must be thrown out. Without this essential proof, the prosecutor may not be able to prove the elements of the crime.
2. The Fifth Amendment protects your right against self-incrimination, so you cannot be forced to answer questions or provide statements to the police. If officers do not inform you of this right through the familiar Miranda warnings after you are officially in custody, then any incriminating statements would likely be inadmissible in court.

If the charges are not dismissed beforehand, your case will move to trial. In criminal law, the State will always go first in a criminal case. Once the prosecution rests and concludes its case-in-chief, you have the opportunity to present your own defenses, if any.

In addition, you may be able to develop a defense strategy around actual versus constructive possession of drug paraphernalia. Whereas actual possession means having the item on your person, constructive possession refers to maintaining control over the object or having knowledge of the object and it being within your control.

## Penalties For A Drug Paraphernalia Conviction

The separate offenses under Texas’ drug paraphernalia statute may lead to misdemeanor or felony charges depending on the circumstances, and each offense includes different sanctions if you are convicted.

- Possession of drug paraphernalia is a Class C Misdemeanor punishable by a maximum fine of $500. Though there is no jail time, you should be aware that a conviction counts against you as having a prior criminal history in future cases. It also matters for a future case involving charges related to other drug paraphernalia laws.
- Selling or distributing drug paraphernalia to another person is a Class A Misdemeanor. The punishment range for this is a maximum of one-year incarceration, a fine up to $4,000, or both. If you have a prior conviction for this offense, the penalties become more severe and that includes the jail time requirement, as well.
- The sale of drug paraphernalia to a minor is a State-Jail Felony. The minimum sentence is 180 days’ incarceration and a max of 2 years. You may also be forced to pay a maximum fine of $10,000.

There is also the ability for your Drug Crime Defense Attorney to seek a favorable plea deal on your behalf with the State. Doing so could result in charges being reduced and the penalty for the crime charged being reduced, too.

## What to Look for in a Drug Crime Defense Attorney

From the above information on violations of controlled substances laws, defenses, and other strategies, you can see that retaining legal counsel is critical. There are ways to get drug paraphernalia charges dismissed at every stage of the criminal process, including arraignment, pretrial, and trial. While every case is different and there is no way to guarantee a dismissal will most certainly happen in your case, having a lawyer who knows what they are doing every step of the way in the process is critical and maximizes your ability to get the charges dropped or reduced.

Therefore, it is worthwhile to work with the [best Galveston County drug crime defense lawyer](/drug-possession/) that suits your needs. Knowing that someone graduated from law school and is a member of the State Bar of Texas is just the beginning. You will gain peace of mind when you know that your attorney:

- Is familiar with the county in which your case falls. Or, in other words, the attorney needs to know how the court system works and how the specific court you are in operates in order to be most successful in defending your case.
- Focuses on criminal cases, as opposed to maintaining a general practice that encompasses numerous practice areas.
- Has extensive experience advocating on behalf of individuals arrested for drug crimes, with specific attention to those involving drug paraphernalia cases.
- Will be on hand for your arraignment to address the bond and ensure you are not in custody pending trial.
- Can explain the strengths and weaknesses of your case.
- Regularly advises you on the proceedings and how they impact strategy.
- Consults with you when your input is necessary for decision-making.

As a practical matter, it is also important that you receive assurance that your lawyer will be your go-to point person throughout your case when it comes to legal matters on your case. Though you might talk to a paralegal or other staff, you most certainly should have open access to your lawyer during the process.

## Frequently Asked Questions About Drug Paraphernalia Charges In Texas

### What is Drug Paraphernalia?

Drug paraphernalia refers to any equipment, product, or material used for planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body.

### What Constitutes a Drug Paraphernalia Charge?

A person commits an offense if they knowingly or intentionally use or possess drug paraphernalia with the intent to use it for any of the purposes mentioned above. Additionally, delivering or manufacturing drug paraphernalia with the intent to deliver it to someone who intends to use it for these purposes is also illegal.

### What are the Penalties for Drug Paraphernalia Charges?

- **Possession**: Classified as a **Class C misdemeanor**, punishable by a fine of up to $500.
- **Delivery or possession with intent to deliver**: Classified as a **Class A misdemeanor**, punishable by up to one year in jail and a fine of up to $4,000.
- **Delivery to a minor**: Classified as a **state jail felony**, punishable by up to two years in state jail and fines up to $10,000.

### Can I Be Charged for Possessing Household Items?

Yes, common household items like spoons, straws, lighters, and small plastic bags can be considered drug paraphernalia if they are used in connection with controlled substances.

### What Defenses Are Available?

Common defenses include arguing that the items were not intended for drug use or that the person did not know the items were being used as paraphernalia.

### What Should I Do If I’m Facing Drug Paraphernalia Charges?

It’s crucial to consult with an experienced criminal defense attorney who can help you understand your rights and build a defense strategy.

## Discuss Strategies with Our Galveston Drug Crime Defense Lawyer

Texas law may be extremely broad on what constitutes illegal misconduct, but your situation is not so grim when you have skilled legal counsel to help you fight drug paraphernalia charges. With strategies to contest the prosecution’s allegations and present possible defenses, it is possible to obtain a favorable outcome.

To learn how Criminal Defense Attorney Mark Diaz assists clients throughout Galveston County and Greater Houston, please call (409) 515-6170. You can schedule a free consultation for details on how retaining a [Texas drug crimes defense lawyer](/drug-possession/) gives you an edge.

Mark Diaz & Associates is a Criminal Defense Law Firm Located in [Galveston, Texas](https://www.galvestoncountytx.gov/) representing clients throughout Galveston, Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, League City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

(Updated 1/8/2025)

**Categories:** Criminal Defense Lawyer, Drug Crime Defense Attorney

**Tags:** Drug Paraphernalia

---

### [How to Prove Innocence in a Domestic Violence Case in Texas](https://texascriminaljustice.com/how-to-prove-innocence-in-a-domestic-violence-case-in-texas/)

**Published:** January 13, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2021/10/domestic-violence-1.jpg "domestic violence")

## Domestic Violence Charges In Texas

You certainly want to know how to beat domestic violence charges if you were recently arrested. But the first thing to keep in mind is that you do NOT need to prove innocence in any Texas criminal case.

One of the basic tenets of the US Constitution, and the state equivalent, is that the burden is on the prosecution to prove guilt beyond a reasonable doubt. Of course, you should not take this to mean that there is little you can do to fight the allegations. Texas treats situations of domestic violence as a crime under the [Penal Code statute](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.01) on assault, so you could face serious penalties for a conviction.

Therefore, mounting a solid defense and taking advantage of other strategies is critical. Many arrests for domestic violence arise out of intense emotions and unrelated civil court proceedings, so false and misleading accusations are often at play.

Fortunately, there are ways to make the prosecutor’s job very difficult, and you may have other opportunities to obtain a favorable outcome. The key to your defense is being proactive, and a [Galveston County domestic violence lawyer](/domestic-violence/) can help leverage your opportunities. You can also gain some insight by reviewing some basics on how to prove innocence in a domestic violence case in Texas.

### The Burden of Proof in a Domestic Violence Criminal Case

The criminal aspects of a domestic violence case are based upon the definition of assault, so the prosecutor’s burden starts with proving the essential elements of this offense. In general, assault is defined as follows:

- Intentionally, knowingly, or recklessly cause physical harm to another person.

The aspect that carries assault over into the realm of domestic violence is the identity of the victim since the laws specifically protect the family and household members. The definition is expanded to include:

- Current and former spouses, dating relationships, and romantic partners.
- Roommates, housemates, and other individuals sharing a residence.
- Parents who share a child, regardless of living arrangements.
- Relatives by blood, marriage, adoption, or foster relationships.

### Fighting the Prosecutor’s Case-in-Chief

Keeping in mind that the government must prove each of the elements of the offense beyond a reasonable doubt, contesting the prosecutor’s case-in-chief will be an important part of your defense strategy. Any shadow of doubt or question you can raise in the minds of jurors can be beneficial. Your Galveston County domestic violence attorney will explore all possible options for exposing weaknesses, such as:

- **State of Mind:** When used in criminal law, the terms intentional, knowing, and reckless have very specific definitions. They refer to the state of mind, and the prosecutor is required to show that you acted with the requisite motivation. The general description of assault as described above includes a state of mind. “Intentionally” means that you were purposeful in your actions. “Knowingly” is defined as acting knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. “Recklessly” is a gross disregard for how your conduct poses a risk of harm to someone, even if you did not intentionally cause physical injuries.

### Defending Domestic Violence Charges

In some cases, fighting the prosecution’s case-in-chief could lead to a dismissal of your case. However, once the government rests, you have another opportunity to beat the allegations by presenting defenses. If you have additional witnesses or evidence, this is your chance to contradict the proof presented by the prosecutor. In addition, you may have grounds to introduce such defenses as:

- Defense of third person;
- Consent by the victim;
- Self-defense;
- Mutual combatants, i.e., you and a family or household member were engaged in a physical altercation that encompasses both consent and self-defense.

Keep in mind that your burden for proving certain affirmative defenses is lower than the prosecutor’s burden in proving its case against you. Depending on the defense, you are required to show proof by a preponderance of the evidence. In general, this standard encompasses somewhat of a 50/50 burden. That is, you need to establish that your evidence is more likely true than not, so 51% or more.

### Penalties for a Domestic Violence Conviction in Texas

The lowest level offense for domestic assault is a Class C Misdemeanor, punishable by $500. These charges ONLY apply to assault charges when there is no bodily injury. When there was actual bodily injury as described, domestic violence becomes a Class A Misdemeanor. You could face up to a year of incarceration and a maximum fine of $4,000. These charges for basic domestic violence presume the accused has no prior criminal history with these specific types of cases, and there were no aggravating factors present.

Domestic assault charges increase in severity under certain circumstances, so note that:

- Assault with injury will be charged as a Third-Degree Felony if you have a prior conviction for domestic violence or Family Violence finding on your record, or if the act involved strangulation. For a Third-Degree Felony, the punishment range is a minimum of 2 years, the max punishment is up to 10 years imprisonment, along with a possible $10,000 fine.
- You could face charges for aggravated domestic violence by causing serious bodily injury, or alternatively if you use or brandish a deadly weapon. For purposes of the statute, “serious” harm includes bone fractures, amputation, or any injury requiring surgery or hospitalization. The offense is a Second-Degree Felony, punishable by 2 to 20 years in prison.
- If you cause serious bodily injury AND engage in a domestic assault with a deadly weapon, the offense is a First-Degree Felony. The mandatory minimum sentence is 5 years imprisonment, and the maximum is 99 years or life.
- With any conviction for domestic assault, there are also collateral consequences that are separate from your criminal sentence. In Texas, you could lose voting and Second Amendment rights and could encounter other personal and professional implications.

### Other Implications for a Domestic Assault Arrest

Though the above information mainly focuses on the criminal aspects of domestic violence in Texas, you should be aware of what happens immediately upon an arrest. When police charge you, the incident results in an automatic magistrate’s emergency order. Or what you may know familiarly as a protective order.

The proceedings are civil in nature and intended to protect the individual who is accusing you of domestic assault. The domestic violence protective order will likely prohibit you from communicating with that person and require you to keep your distance, among other issues.

The emergency order is automatic, and you are not provided with an opportunity to defend the allegations. Therefore, it can only be in place temporarily. With this civil side of domestic violence, you will have the chance to fight the allegations at a later hearing. The issue in such a case is whether a longer-term protective order should be imposed.

### Legal Help with Defending the Charges

Considering the ramifications for your freedom, finances, and rights, you must make it a priority to retain experienced legal counsel. A Galveston County domestic violence attorney supports your interests throughout the criminal process by:

- Advising you on your right to remain silent during police questioning.
- Assisting with your arraignment and securing bail for your release pending trial.
- Raising motions related to evidence, such as tossing unlawfully obtained information or compelling the prosecutor to turn over the evidence.
- Requesting that the court dismiss the charges based on the prosecutor’s lack of evidence.
- Discussing a plea bargain with the prosecution to reduce the charges and/or penalties.
- Employing discovery tools to obtain evidence, including a deposition of the individual accusing you of domestic violence.
- Fighting for your rights at trial.
- Advocating on your behalf during a sentencing hearing, if you are convicted.

Because of the legal connection between criminal and civil domestic violence, it is also wise to rely on an attorney to assist with the protective order that follows the arrest. You have important rights to protect and must fully understand the legal implications to avoid violating a protective order, which is a crime and could possibly result in more charges being filed against you.

## Frequently Asked Questions About False Domestic Violence Charges In Texas

### What Should I Do If I Am Falsely Accused of Domestic Violence?

If you are falsely accused, it’s crucial to remain calm and not attempt to speak with your accuser. Immediately invoke your right to remain silent and decline to speak about the alleged offenses. Collect any evidence that could support your claims or refute the prosecution.

### Why Would Someone Make False Accusations of Domestic Violence?

False accusations can arise for various reasons, including:

- **Child Custody Battles**: One partner might make false claims to gain an advantage in a custody hearing.
- **Divorce Leverage**: False claims can be used to paint the other partner negatively during divorce proceedings.
- **Revenge or Jealousy**: Negative emotions or a desire for revenge can lead to false accusations.
- **Mental Health Issues**: The accuser may have mental health issues or be under the influence of drugs or alcohol.

### What Are the Consequences of False Accusations?

False accusations can lead to protective orders, damage to reputation, criminal records, and even loss of employment. It’s essential to handle these accusations carefully and seek legal assistance.

### How Can I Defend Against False Accusations?

- **Document Everything**: Keep detailed records of interactions with the accuser, including dates, times, and locations.
- **Avoid Contact**: Maintain a strict no-contact policy with the accuser to prevent further false accusations.
- **Gather Witness Statements**: Collect statements from witnesses who can provide insights into the relationship and attest to your character.
- **Comply with Legal Orders**: Follow any protective or restraining orders while working with your attorney to challenge their validity

## Our Galveston County Domestic Violence Lawyer Will Protect Your Rights

It may be a relief to know that the burden is NOT on you to prove innocence in a domestic violence case in Texas, but this information shows that there are numerous other complexities of concern.

Criminal Defense Attorney Mark Diaz is prepared to pursue all available opportunities, so please contact our firm to set up a no-cost consultation. Individuals in Galveston County and Greater Houston can call (409) 515-6170 to speak to our [Galveston County domestic violence defense attorney](/domestic-violence/). We can discuss strategies after reviewing your circumstances.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 1/13/2025)

**Categories:** Domestic Violence Lawyer

**Tags:** domestic violence

---

### [Aggravated Assault in Texas and the Penalties for It](https://texascriminaljustice.com/aggravated-assault-in-texas-and-the-penalties-for-it/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![Aggravated assault](https://texascriminaljustice.com/wp-content/uploads/2021/10/Aggravated-assault.jpg "Aggravated assault")

## Penalties For Aggravated Assault In Texas

It was back in 1960 that federal officials first began classifying criminal offenses, according to a Crime Index, which includes a total of eight categories involving the most serious crimes committed nationwide. Aggravated assault is included as one classification among violent crimes, and each US state imposes a specific definition and penalties.

The charges are extremely serious in Texas, and statistics indicate that law enforcement aggressively pursues offenders. According to the [Texas Department of Public Safety](https://www.dps.texas.gov/section/crime-records/crime-texas):

- In 2019, there were almost 76,000 individuals arrested for aggravated assault.
- There was a spike in 2020, as the number of people charged with aggravated assault increased more than 16% from the previous year. A total of 88,030 individuals were arrested.
- Though most arrests occur during the summer months, the second-highest period for aggravated arrest charges is October through December.
- Around 43% of all arrests for aggravated assault involve firearms, while other dangerous weapons account for 27% of attacks.

While these statistics may be informative from the perspective of aggravated assault arrests, it is always important to remember that an arrest is not a conviction. You may benefit from defenses and other strategies to avoid the harshest punishment. A [Galveston assault and battery lawyer](/assault-and-battery/) can explain potential tactics after reviewing your circumstances, but you should be aware of the basics of aggravated assault in Texas and the penalties for it.

### Elements of Aggravated Assault in Texas

Generally speaking, aggravated assault is a more serious form of assault. At the outset, you should note that Texas criminal laws provide for assault as a violent offense; the crime you might know familiarly as the battery is incorporated into the elements of assault. You could face charges for aggravated assault if:

1. ***Serious Bodily Injury to Another Person.*** With this form of the offense, the prosecutor must prove that you intentionally, knowingly, or recklessly caused serious bodily injury to the victim. As such, your state of mind is an element of the crime. There must be evidence of your intent, or proof that you acted with reckless disregard for what would happen as a result of your actions. Plus, the prosecution needs to establish “serious” bodily injury, e.g., the harm that leads to death, hospitalization, disfigurement, or broken bones.
2. ***Use of a Deadly Weapon:*** The second version of aggravated assault involves the use or exhibition of a deadly weapon in connection with an assault crime. Therefore, the prosecutor must first prove the essential elements of assault: 
    - You intentionally, knowingly, or recklessly caused bodily injury, though perhaps not meeting the threshold of “serious” harm.
    - You threatened the victim with imminent bodily injury.
    - You caused physical contact with another person, knowing that it would be viewed as offensive or provocative by the victim.

In addition to firearms, a deadly weapon could include any device that in the manner used could cause serious bodily injury or death. Examples include knives, a baseball bat, an electrical cord, or even your hands in a “strongarm” aggravated assault.

### Penalties for a Conviction on Aggravated Assault Charges

Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. Though, a judge or jury could order up to 20 years of incarceration. Plus, a conviction may result in a fine of up to $10,000.

In some cases, aggravated assault is a First Degree Felony. If convicted, the judge must sentence you to at least five years in prison. However, the potential range could be up to 99 years or life in prison. The underlying circumstances dictate the charges, so you could be arrested for First Degree Felony Aggravated Assault by:

- Using a deadly weapon while committing assault, which causes serious bodily injury to a member of your family or household.
- Committing aggravated assault against a public servant who is lawfully performing his or her job duties.
- Retaliating against a witness to a crime.
- Engaging in an aggravated assault against a security officer.
- Firing a firearm from a vehicle into a dwelling, building, or another vehicle, leading to serious bodily injury.

### Strategies for Defending Assault Charges

When you know the implications for your rights, freedoms, and wallet, you can see that a solid defense is crucial. There are different stages along the criminal process that you may leverage defenses and other strategies, but the starting point is understanding the prosecutor’s burden. The government must prove every element of aggravated assault, beyond a reasonable doubt, to obtain a conviction.

As such, the initial strategy for your Galveston assault and battery attorney may involve taking the offense in terms of defense: Exposing weaknesses in the prosecution’s evidence, and thereby raising a shadow of doubt in the minds of the jury. You might have grounds to contest:

- Proof of intent, knowledge, or recklessness.
- Claims that the victim suffered serious bodily injury.
- Evidence of the underlying crime of assault, which is necessary before the prosecutor can prove aggravated assault with a deadly weapon.
- Allegations that contact with the victim was offensive or provocative when no reasonable person would have viewed it as such.
- The fact that your threats could result in “imminent” bodily injury, which generally means that you were capable of causing harm.

Doubts and discrepancies in any of these areas could lead to a pretrial dismissal of the charges or acquittal after a trial. However, keep in mind that many prosecutors would rather see some outcome in their favor as opposed to not getting a conviction. For this reason, weaknesses in the evidence might be advantageous in other ways. You might be able to convince the prosecutor to reduce the charges to assault, a Class A or B Misdemeanor. Instead of a long prison term, you might face jail time from 180 days to a year, along with a fine ranging from $2,000 to $4,000. Plus, your criminal history would reflect a misdemeanor instead of a felony conviction.

Your Galveston assault and battery attorney may also advise you on additional defense possibilities, including unreasonable fear by the victim, mutual combatants, self-defense, and defense of others.

### Legal Help at Every Stage of a Criminal Case

From the moment of your arrest or becoming aware that you are being investigated, you must take advantage of every opportunity to defend against aggravated assault charges. And not just when the trial date is set. A Galveston assault and battery attorney plays a critical role in ensuring the best possible outcome, through such tasks as:

- Counseling you on your right to remain silent during police questioning and interviews.
- Representing you in court at your first appearance and/or arraignment, during which the charges will be read and you enter a plea of guilty, not guilty, or no contest.
- Working out bail arrangements when available, so you can remain free on bond pending the trial date.
- Raising motions to your advantage, including motions to compel evidence, toss unlawfully obtained evidence, or dismiss aggravated assault charges.
- Appearing in court to guide you through other court hearings.
- Conducting discovery and depositions to obtain evidence for trial.
- Advocating on your behalf during the trial, including opening statements, questioning, cross-examining witnesses, presenting key exhibits, and closing arguments.

Keep in mind that the conclusion of your trial is not usually the end of an aggravated assault case. As a felony offense, the court will often schedule a sentencing hearing to take place after the jury returns a guilty verdict. A criminal defense lawyer can also provide support during the proceedings, such as through evidence of mitigating circumstances, your character, and other factors. With this assistance, it may be possible to stay on the low end of mandatory minimum sentencing.

### What to do if Arrested for Aggravated Assault

Because your attorney will likely not be present at the moment of your arrest, you are in the best position to protect your own rights. Of course, the first priority is to remain silent at all costs. Do not deny your actions, profess your innocence, explain yourself, or accuse the victim of misconduct. All of your words could be used against you in court. The ONLY statement you should make to officers is a request to contact your criminal defense lawyer immediately. In addition:

- Do not try to communicate when the victim is someone you know.
- Never accept a “deal” from police, who are not authorized to make such offers.
- If you must appear in court before securing legal counsel, always enter a not guilty plea.

## Frequently Asked Questions About Aggravated Assault Charges In Texas

### What is aggravated assault in Texas?

Aggravated assault is defined under Texas Penal Code §22.02. It involves intentionally, knowingly, or recklessly causing serious bodily injury to another person or using or exhibiting a deadly weapon during the assault.

### What constitutes serious bodily injury?

Serious bodily injury refers to injuries that create a substantial risk of death, cause serious permanent disfigurement, or result in long-term loss or impairment of the function of any bodily member or organ.

### What are the penalties for aggravated assault in Texas?

Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. If a firearm is used, it can be elevated to a first-degree felony, which carries a penalty of 5 to 99 years or life in prison and a fine of up to $10,000.

### Can aggravated assault charges be reduced to a lesser charge?

It’s possible to negotiate a plea deal to reduce the charges, but it depends on the circumstances of the case and the evidence available. Consulting with an experienced criminal defense attorney is crucial.

### What defenses are available for aggravated assault charges?

Common defenses include self-defense, defense of others, lack of intent, and insufficient evidence. Each case is unique, so it’s important to discuss your situation with a lawyer.

### How does a prior criminal record affect aggravated assault charges?

A prior criminal record can result in harsher penalties and may impact plea negotiations. It’s important to disclose your full criminal history to your attorney.

### What happens if someone is falsely accused of aggravated assault?

If falsely accused, it’s essential to gather evidence, such as witness statements and surveillance footage, to prove your innocence. An attorney can help build a strong defense.

### Can aggravated assault charges be dismissed?

Yes, charges can be dismissed if there is insufficient evidence, procedural errors, or if the prosecution decides not to pursue the case.

### What impact do aggravated assault charges have on a person’s life?

A conviction can result in a permanent criminal record, affecting employment, housing, and other opportunities. It’s important to seek legal advice to understand the potential consequences.

### What should I do if I’m facing aggravated assault charges?

Seek legal representation immediately. An experienced attorney can help navigate the legal process, protect your rights, and work towards the best possible outcome

## Consult with Our Galveston Assault and Battery Lawyers About Defense Options

Hopefully, this overview helps you understand aggravated assault in Texas and the penalties for a conviction. The information should also convince you that it is critical to have an experienced [Galveston County assault defense lawyer](/assault-and-battery/) on your side from the earliest stages of the criminal process.

To learn how our team fights for the rights of clients throughout Galveston County and Greater Houston, please [contact Criminal Defense Attorney Mark Diaz](/landing-form/). You can set up a free consultation by calling (409) 515-6170. After evaluating your situation, we can get started on a strategy for defending against aggravated assault charges.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City,[ League City](https://www.leaguecitytx.gov/), Alvin, Algoa, Santa Fe, Hitchcock,[ La Marque](https://www.ci.la-marque.tx.us/), Bayou Vista, Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/), Kemah, Bolivar Peninsula,[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and Friendswood.

(12/11/2024)

**Categories:** Assault And Battery Lawyer

**Tags:** aggravated assault

---

### [How to Get Charges Dropped for Domestic Violence in Texas](https://texascriminaljustice.com/how-to-get-charges-dropped-for-domestic-violence-in-texas/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2021/10/2_Diaz_domestic-violence.jpg "domestic violence")If you were recently arrested for domestic violence in Texas, one of the first questions you may have is, “How do I beat these charges?” In some cases, an arrest may be due to heightened emotions that carry over into poor judgment and physical acts of aggression. However, it is also common for domestic violence charges to be based upon misrepresentations or false allegations to gain leverage in other legal matters.

Regardless of the specific circumstances, once you have been arrested for [a crime of family violence in Texas](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm#71.004), your situation is critical. With criminal domestic violence, you could face imprisonment, fines, and many other sanctions.

Only a prosecutor can drop domestic violence charges in Texas, so options for fighting them will be two-fold: Contesting the allegations and presenting your own defenses. It is possible to develop solid legal strategies around each of these points, which could potentially lead to a dismissal or acquittal at trial. You can trust a [League City domestic violence attorney](/domestic-violence/) to advise you on how to handle domestic violence charges in Texas, but a summary may be helpful.

## Essential Elements of a Domestic Violence Crime

As with any other criminal offense in Texas, the prosecution must prove guilt beyond a reasonable doubt in order to obtain a conviction in a Texas domestic violence case. The specifics in a domestic violence criminal case are important in the context of fighting the charges. The essential elements of the offense align with the definition of family violence as it applies to general assault offenses, so you could be arrested if:

1. You engage in an act against a person who is a member of your family or household. Depending on the circumstances, the definition could be expanded to include spouses, children, grandchildren, other blood relatives, and relatives by marriage. It also encompasses anyone with whom you are or were in a dating relationship or anyone who lives in your household with you.
2. Your actions intentionally, knowingly, or recklessly caused another physical harm, or bodily injury.

The prosecutor has to establish both of these elements, each of which requires proof beyond a reasonable doubt.

### Penalties For Family Violence Cases in Texas

The punishment for a conviction will depend upon the facts, but the charges may include:

#### *Domestic Assault*

Threats of harm or offensive contact could lead to an arrest for a Class C Misdemeanor, punishable by a maximum fine of $500. If the victim is hurt, Class A Misdemeanor charges likely apply and you could face up to a year in jail.

Note that domestic assault with injury becomes a Third-Degree Felony if you have a criminal history of similar offenses or your actions involved choking the accuser. A conviction could lead to a mandatory minimum of two and up to 10 years in prison, along with a $10,000 fine.

#### *Aggravated Domestic Assault*

When the attack causes serious bodily injury to your accuser or involves the use or showing of a deadly weapon, the charges are elevated to aggravated domestic assault. What constitutes “serious” harm will depend upon the facts, but will likely include broken bones, head trauma, and any injury requiring surgery or hospitalization. In addition to a firearm or knife, a “deadly” weapon might be any object capable of causing fatal or catastrophic bodily harm, and which was used in such a way.

The basic form of aggravated domestic assault is a Second-Degree Felony. The punishment range for this is no less than 2 years in prison and up to 20 years in prison. If aggravated domestic assault involves both a deadly weapon and serious bodily injury, the crime is a First-Degree Felony. The punishment range for a First-Degree Felony is 5-99 years in prison.

#### *Continuous Violence 

A person can be arrested for continuous violence, a [type of domestic assault](https://www.justice.gov/ovw/domestic-violence), by committing two or more acts of domestic assault within a 12-month period. Keep in mind that it is not necessary that the previous case results in a conviction, and it is irrelevant whether the alleged victim is the same person. Continuous violence is a Third-Degree Felony punishable as described above.

#### *Violation of Protective Orders 

If an accuser obtains a domestic violence protective order after an arrest for a crime involving family violence, there will be specific instructions prohibiting you from engaging in certain acts. This likely includes forbidding you from contacting the accuser, forbidding you from being at or near your home, or even forbidding you from speaking to your children even if they are not involved. It is likely that the court entered the order without input from you or maybe even without input from the accuser.

Nonetheless, it is still legally binding. A violation of a protective order, such as contacting or approaching the accuser, is a criminal offense. The basic form of the crime is a Class A Misdemeanor, but various levels of felony charges apply to repeated offenses.

### Strategies for Defending Family Violence Charges

Considering the harsh penalties, collateral consequences, and implications for your rights, you must leverage all possible tactics to fight the charges. You will have opportunities to do so from the moment of your arrest, which is why retaining a League City domestic violence attorney is critical at the earliest possible stages. Your lawyer may implement a wide range of defense strategies depending on your case, so keep the following information in mind.

- The prosecutor’s burden is a high one that can be challenging to meet. Because these cases involve close relationships and emotions, your accuser may not cooperate or agree to testify. Without this key fact, a good attorney will use this to your advantage.
- Community supervision, which you may know as probation, may be an option in certain cases and such would allow you to avoid serving jail time for the crime.
- Even if you cannot get the charges dropped, you may be able to work out a plea agreement with the prosecutor. By plea bargaining, you can reduce the charges, punishment, or both. This strategy may be important for getting felony charges down to a misdemeanor, when available.

### What to do About Domestic Violence Charges

When you know that there are defenses and strategies for mitigating the consequences of domestic violence charges, it is clear you need a League City domestic violence lawyer on your side. Still, you need to set the right foundation so your attorney can leverage the best options for fighting the allegations. Some tips include:

- Do not resist arrest, confront officers, or act in a belligerent manner when dealing with police. If you feel your rights are being violated by the police, the best strategy is always to comply and allow your attorney to fight it later in court.
- Immediately exercise your constitutional rights to remain silent and consult with legal counsel. Always decline to answer questions posed by police, and do not offer additional information – even to profess your innocence.
- Never attempt to communicate with your accuser in person or via phone, email, text, social media, or any other channels. Even if they invite the communication, and this happens quite frequently, you should avoid this as it usually is used against the person later.
- Avoid going on social media entirely or, at minimum, do not post any information about the case.

## Frequently Asked Questions About Domestic Violence Charges In Texas

### What is domestic violence under Texas law?

Domestic violence in Texas is defined under Title 5, Chapter 22 of the Texas Penal Code. It includes domestic assault, aggravated domestic assault, and continuous violence against the family.

### What constitutes domestic assault?

Domestic assault occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another person, including a family member, household member, or a current or former dating partner. It also includes threats of imminent harm and physical contact that the victim finds offensive or provocative.

### What is aggravated domestic assault?

Aggravated domestic assault is a more severe charge that applies when serious bodily injury is inflicted or when the assailant uses or exhibits a deadly weapon during the assault.

### What is continuous violence against the family?

This charge applies when an individual commits two or more domestic assaults within 12 months, regardless of whether the assaults resulted in an arrest or conviction.

### What are the potential penalties for domestic violence in Texas?

Penalties vary based on the severity of the offense and the defendant’s criminal history. A first-time domestic assault charge without aggravating factors is typically classified as a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000. More severe charges, like aggravated assault, can lead to longer prison sentences and higher fines.

### Can domestic violence charges be dropped?

While the victim can request to drop charges, the decision ultimately lies with the prosecutor. They may choose to proceed with the case if there is sufficient evidence.

### What should I do if I’m falsely accused of domestic violence?

It’s crucial to seek legal representation immediately. An experienced attorney can help gather evidence, build a defense, and navigate the legal process.

### How can a domestic violence conviction affect my life?

A conviction can lead to jail time, fines, a permanent criminal record, loss of gun ownership rights, and difficulties in securing employment or housing

## **Discuss Your Options with a League City Domestic Violence Attorney**

When it comes to domestic violence charges in Texas, it is essential to have legal representation when you face jail time, fines, and limitations on your personal freedoms.

For more information, please contact Criminal Defense Attorney Mark Diaz to set up a free consultation. Individuals in [Galveston County](https://www.galvestoncountytx.gov/) and Greater Houston can call (409) 515-6170 to reach a skilled [League City domestic violence defense lawyer](/landing-form/).

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 12/11/2024)

**Categories:** Domestic Violence Defense Attorney

**Tags:** domestic violence

---

### [What are the Penalties for Disorderly Conduct in Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-disorderly-conduct-in-texas/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![disorderly conduct](https://texascriminaljustice.com/wp-content/uploads/2021/11/Diaz_disorderly-conduct.jpg "disorderly conduct")You might think that bothering others, disrupting the public, or disturbing the peace are nothing more than minor annoyances. It may surprise you to learn that Texas has an extensive set of laws on the books that make some forms of misconduct a criminal offense. [Disorderly conduct and related offenses](https://statutes.capitol.texas.gov/docs/pe/htm/pe.42.htm) are covered in the Texas Penal Code section on Offenses Against Public Order and Decency, and the statute applies to numerous acts. You could be arrested for disorderly conduct and face serious penalties for what you thought was nothing more than simple misbehavior.

In truth, you may be facing misdemeanor charges, and some violations of the law are even treated as a felony. The specifics of punishment will vary based upon the circumstances of the crime, your criminal history, and other factors, but jail time is a possibility. Therefore, you should reach out to a criminal defense lawyer in League City right away to discuss strategies for fighting the charges. You might also find it helpful to review some basics about the offense and penalties for disorderly conduct in Texas.

## Details on Texas Disorderly Conduct Laws

For the question of punishment to even come up, there must first be a conviction for the crime of disorderly conduct. As with any criminal offense, the government bears the burden of proving guilt beyond a reasonable doubt. The prosecutor must have evidence showing that you intentionally or knowingly:

- Used profane, offensive, or indecent language that tends to incite an immediate breach of the peace.
- Displayed an offensive gesture in a public place that is likely to promote a disruption.
- Employed chemicals to create a noxious odor.
- Abused or made threats toward someone.
- Created an unreasonable noise in or near a private residence where you have no right to be.
- Fought with someone.
- Discharged a firearm, other than a shooting range.
- Brandished a gun or other deadly weapon in a matter intended to alarm others.
- Shot a firearm on or across a roadway.
- Exposed your genitals, i.e., “flashed” someone.
- Engaged in acts familiarly known as “peeping,” such as through a window, the guest room of a hotel, or in a public place designed to provide privacy.

Keep in mind that the laws on disorderly conduct (identified above) almost always apply to misconduct in public places.

### Statutes Covering Specific Misconduct

There are also several offenses that fall under the disorderly conduct law, but which are described in separate statutes.

***Riots:*** When you participate in a gathering that creates an immediate risk of property damage or personal injury, you could be arrested for rioting. Other acts that violate the law include obstructing police and depriving someone of their legal rights by force or threats.

Funeral Picketing: Texas responded to certain extremist groups by passing a law that makes it illegal to protest at funerals. Displaying signage, making noise, interrupting access, and related acts would constitute a violation of the statute. The prohibitions apply within 1,000 feet of the ceremony, during the service, and for three hours before and after.

***Public Intoxication:*** When drunkenness reaches a certain level, police could arrest you for a version of disorderly conduct termed public intoxication. However, the prosecutor is required to show that you were so impaired that you posed a danger to yourself or others.

***False Report:*** It is a disorderly conduct offense to make harassing or abusive calls to 911, and to report certain types of emergencies knowing that the report is false. This section makes what many know as a common prank call a criminal offense.

### Penalties for a Disorderly Conduct Conviction

The basic forms of disorderly conduct are typically charged as a Class C Misdemeanor in Texas. You could be ordered to pay a fine of up to $500 if convicted, but there is no jail time. However, the charges are elevated for some of the specific disorderly conduct crimes. Depending on the facts of the case, the class of crime and penalties may include:

- A conviction for a Class B Misdemeanor could mean up to 180 days in jail, a maximum fine of $2,000, or both. Obstruction of a highway is one example.
- For a Class A Misdemeanor, a judge could sentence a maximum of 1 year in jail and a fine up to $4,000. Discharging a firearm within a municipality is one example.
- Abuse of a corpse is a State Jail Felony for disorderly conduct, punishable by 180 days to 2 years in prison.
- You could be arrested for a Third-Degree Felony for making a false report if your call to 911 resulted in injuries or death as part of the response by emergency crews. If convicted, the prison sentence range is 2 to 10 years.

The most serious form of disorderly conduct is directing a laser pointer at police, a security guard, firefighter, EMT, or another public safety officer. This offense is typically a Class C Misdemeanor, but it is elevated to a First-Degree Felony if you cause serious bodily injury to the officer. If convicted, a judge could sentence as little as 5 years’ incarceration, or even up to life in prison.

## **Strategies for Fighting Disorderly Conduct Charges**

Keeping in mind that the government must prove all elements of a disorderly conduct crime beyond a reasonable doubt, your first opportunity to defend yourself comes when the prosecution presents its case. One of the keys to these offenses is the accused person’s state of mind: The statute requires the prosecutor to show that you acted intentionally or knowingly when engaging in the prohibited acts.

In addition, there may be other options to consider as a defense to disorderly conduct charges:

- Some of the acts itemized in the statute require a showing of “unreasonable” – a concept that refers to how the average person would perceive the conduct. It is possible to contest the charges on the grounds that your actions were not out of bounds.
- The First Amendment protects your right to free speech. If your expressions do not qualify as fighting words or yelling “fire” in a crowded space, you may have a defense on constitutional grounds.
- Self-defense may be an option for fighting disorderly conduct charges if your actions were intended to protect yourself or someone else.

## Tips to Follow if You Were Arrested for Disorderly Conduct

The first and most critical To-Do is to contact a [criminal defense lawyer in League City](/our-team/) about your case. Your attorney can handle all essential tasks and will protect your rights throughout the criminal process. However, some additional tips should help you get through the initial encounter with police and arrest.

- Exercise your Fifth Amendment rights against self-incrimination by remaining silent when interacting with police. Do not offer information or statements, even if officers have not yet read Miranda warnings. Fight the temptation to express your innocence, as you could reveal too much and harm your defense.
- Never resist arrest or get into physical or verbal altercations with police. It is true that the circumstances surrounding some disorderly conduct arrests can be chaotic, but you will only hurt your case by disobeying law enforcement. Plus, additional charges will likely be tacked onto your case. Resisting Arrest and Evading Arrest or Detention is a Class A Misdemeanor punishable as described above.
- During your arraignment or first appearance in court, enter a plea of not guilty when the judge reads the official charges for disorderly conduct. Your attorney will handle the details on your behalf, but there is a chance that you will be brought to court before you have legal counsel.

By pleading not guilty to the charges, you preserve your rights to defend allegations of disorderly conduct. It may be tempting to enter a guilty plea in cases where you know the punishment is nominal for a misdemeanor, but doing so could affect your future. You will have a criminal conviction on your permanent record, which carries collateral consequences.

Note that there may be good reasons to plead guilty to disorderly conduct, such as through deferred adjudication or pretrial diversion. These programs are similar to probation, so you enter a guilty plea in exchange for lenient sentencing.

## Frequently Asked Questions About Disorderly Conduct Charges In Texas

### What is considered disorderly conduct in Texas?

Disorderly conduct includes actions like using abusive or vulgar language in public, making offensive gestures, creating unreasonable noise, fighting in public, discharging a firearm in a public place, and displaying a firearm in a manner that alarms others.

### What are the penalties for disorderly conduct in Texas?

Most disorderly conduct offenses are Class C misdemeanors, punishable by a fine of up to $500. However, discharging a firearm or displaying a firearm in a manner calculated to alarm is a Class B misdemeanor, which can result in up to 180 days in jail and a fine of up to $2,000.

### Can disorderly conduct charges be dismissed?

Yes, charges can be dismissed if there is insufficient evidence, procedural errors, or if the prosecution decides not to pursue the case. Consulting with an attorney can help determine the best course of action.

### What defenses are available for disorderly conduct charges?

Common defenses include arguing that the conduct did not occur in a public place, the behavior did not incite a breach of the peace, or that the person had a reasonable fear of bodily injury.

### How can a disorderly conduct charge impact my life?

A conviction can result in a criminal record, which may affect employment, housing, and other opportunities. It’s important to seek legal advice to understand the potential consequences.

### What should I do if I’m charged with disorderly conduct?

Seek legal representation immediately. An experienced attorney can help navigate the legal process, protect your rights, and work towards the best possible outcome.

## **Call Now to Speak to a Criminal Defense Lawyer in Galveston County**

Knowing the penalties for disorderly conduct in Texas is useful, but the information above should also help you realize that there are ways to avoid them. Even if you cannot get the charges dropped, you might be able to take advantage of other opportunities to lessen the impact of criminal punishment.

At the offices of Criminal Defense Attorney Mark Diaz, we are dedicated to pursuing all available options for fighting disorderly conduct charges. For more information on our legal services for clients in[ Galveston County](https://www.galvestoncountytx.gov/) and Greater Houston, please call (409) 515-6170 today. We can [schedule a consultation](/landing-form/) with our Galveston County criminal defense lawyer who can assess your circumstances and explain the legal process.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, League City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

(Updated 12/11/2024)

**Categories:** Disorderly Conduct

**Tags:** disorderly conduct

---

### [Why Violating Probation is Always a Bad Idea](https://texascriminaljustice.com/why-violating-probation-is-always-a-bad-idea/)

**Published:** January 10, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![violating probation](https://texascriminaljustice.com/wp-content/uploads/2021/11/violating-probation.jpg "violating probation")Poor judgment, simple misunderstandings, and minor mistakes can often lead to your arrest on criminal charges in Texas. Once a criminal case has been resolved by putting you on probation, these same factors can put you in an even worse situation.

The [Texas Code of Criminal Procedure](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42a.htm) uses the term “community supervision” to refer to probation. A defendant in a criminal case can avoid the possibility of serving jail time when a person is placed on probation. Generally, you will be required to follow the rules set by the court in exchange for this benefit. As a result, there can be harsh consequences for violating probation.

The exact ramifications of violating probation will vary based upon several factors, including the type of probation you were placed on, the underlying offense, your criminal history, and how you are alleged to have violated your probation (i.e., how did you break the rules). Incarceration and fines are potential sanctions, so retaining a Texas City criminal defense attorney is a wise move. Some additional information about the process and penalties should help you understand why violating probation is always a bad idea.

## Overview of Probation in Texas

As mentioned, probation is an option for resolving charges in a Texas criminal case. Some defendants may be able to avoid incarceration entirely, while others may receive a shortened imprisonment term. When a judge probates a sentence, the resulting court order will describe a set of rules for the defendant to follow while on probation. Strict compliance is essential for the two types of rules that may be included in your terms of probation:

1. Active rules require you to take certain actions to remain in compliance with the court order. For instance, you may need to attend alcohol treatment classes or be ordered to pay restitution to compensate the victim of your criminal act.
2. Passive rules are just as important to avoid a violation of probation. The most critical requirement is not getting arrested again during the time period set by the court, but there could be many other situations or acts you must refrain from taking.

The active and passive rules that become part of your probation will depend upon the specific type as described below, but the court will also consider such factors as:

- The nature of the crime for which you were placed on probation for, such as an offense against property versus offenses against a person.
- The severity of the crime and surrounding circumstances.
- Whether you have a prior arrest or conviction in your criminal history.
- Whether you are responsible for financially supporting a dependent(s).

### Understanding Different Types of Probation

There are many types of probations in Texas. Each probation is unique in its own way; however, while there are key similarities in each type, it’s important to understand the distinctions between each of the different probations to understand the severity of the consequences that could follow.

***Straight or Regular Probation:*** This version is the closest to what most people associate with probation, where you are found guilty and sentenced to jail time, but the judge suspends the sentence and allows you to remain in the free world. The conviction remains part of your permanent criminal record. With this type of probation, instead of remanding you into custody, the judge probates the imprisonment term and allows you to serve a set amount of time on probation and accordingly sets the rules of probation you will file until you complete the term. You are released to community supervision officials, including your probation officer. These individuals are tasked with ensuring you comply with the rules the court set out when you were placed on probation.

***Deferred Adjudication Cases:*** For certain offenses, it is possible to resolve the criminal charges through a form of probation that does NOT result in a conviction. Deferred adjudication is ordered before a trial, and it will include many of the same requirements as a probated sentence as described above. The key distinction here (other than the fact that you do not become convicted from the onset with this type of probation) from the above-described is that you are not sentenced to a prison term at the time of the plea.

You will be required to plead guilty or no contest in exchange for deferred adjudication probation. However, if you’re successful on probation, the court will throw out your guilty plea and dismiss the case at the end. The flip side of this is that if you violated this type of probation, the court can sentence you up to the full punishment range for the offense in which you were placed on probation. For example, if you are placed on deferred probation for a Second-Degree drug case and you violate that probation, you could be looking at up to 20 years in prison.

***Pretrial Diversion:*** Some jurisdictions in Texas, including Galveston County, have these programs that are similar to probation. Pretrial diversion is not available in Galveston County for felony cases, and only certain misdemeanors are covered. This is a type of probation that is even more advantageous than deferred probation. Here, you don’t formally enter a guilty plea but instead, you’re generally required to sign an admission of guilt. This is only used against you if you violate the terms of the probation. If you’re successful, it is thrown out and here in Galveston County, you become immediately eligible to file a petition for expunction where the court erases any record of the arrest and charge.

***Felony Versus Misdemeanor Probation:*** Though not really a type of probation, Texas laws treat cases differently depending on the severity of the underlying crime. Misdemeanor probation may be imposed for up to 2 years, while felony probation can extend to 10 years.

If your sentence is 10 years or longer, typically for felony cases, you do not qualify for probation. In addition, probation is not available for certain crimes, known as “3g” offenses for the statutory section that lists them. Examples include:

- Human trafficking.
- Most aggravated crimes.
- Burglary.
- Designated sex crimes involving minors.

### Common Ways People Break Probation

Some violations of probation are rather obvious, as they represent a clear breach of the active or passive rules. You can expect trouble if you got arrested on new charges or fail to attend regular meetings with your probation officer. However, even when you know the importance of following the terms of your probation, you might make mistakes or not realize what is required of you. Many cases of violating probation arise because of the individual:

- Left the county, State of Texas, or the US without notifying or getting permission from your probation officer.
- Did not comply with requirements regarding registration as a sex offender, perhaps by moving to a new residence without notifying proper officials.
- Consumed alcohol or took illegal drugs.
- Failed to install an ignition interlock device on your vehicle after ordered as a part of your probation, when alcohol is detected with your interlock, or you drove a vehicle without an interlock when required.
- Did not attend and/or participate in a drug or alcohol treatment class, mental health counseling program, victim impact course, or another session.
- Failed to pay court fees, fines, or restitution to the victim.

### Violation of Probation Proceedings

There is a process for addressing alleged probation violations, and it is one you should be aware of since it provides opportunities for you to defend your position. The details vary depending on your unique circumstances, and your [Texas City criminal defense attorney](/our-team/) will advocate on your behalf throughout the proceeding. It generally involves multiple steps:

- The prosecutor receives notice that you broke the rules from your probation officer, law enforcement officials, or other sources.
- The State uses this information to prepare a Motion to Adjudicate or Revoke Probation, wherein they state the specific rule and provide evidence on how you violated it.
- The prosecution, accompanied by your probation officer, will attend a court hearing for the judge to review the motion. If granted, the court will issue a warrant for your arrest.
- Police officers will serve the warrant and arrest you, and you could be held in custody until the next court appearance, the revocation hearing.
- At the revocation hearing, the prosecutor has the burden of proving that you violated the terms of your probation. You and your attorney will present evidence contesting that there was a violation of probation.
- If the judge finds no violation, you will be released and the terms of your probation remain in effect for the period stated in the original order.
- If the court agrees with the prosecution and finds that you broke the rules, it will become obvious why violating probation is a bad idea.

### Penalties for a Probation Violation

Initially, you should keep in mind that there are non-jail options even when the court sides with the prosecutor. For a minor violation or mistake, you may be able to convince the judge to allow the terms to remain in place and/or issue a nominal penalty. In some cases, the court will modify probation in lieu of punishment. Usually, this involves extending the time period, so you will be required to comply with the rules for additional months or years.

However, the judge does have the power to take more extreme measures. The implications vary based upon the type of probation, you operate under:

- When your sentence was probated after a trial and finding of guilt, the court is required to refer to the original verdict in the case. A judge cannot order longer imprisonment after determining that you violated probation.
- The consequences of a probation violation after Deferred Adjudication are much more extreme. Though there was no finding of guilt by the judge at the time of the plea, you entered the plea before the court and that allows the court to use that against you if you violate. Because no sentence was issued, the judge is allowed to impose punishment based upon what could have been ordered.

For instance, if you opted for Deferred Adjudication in a Third-Degree Felony theft case, the potential sentencing range is 2 to 10 years. A court could order incarceration on the low or high end; after finding that you violated probation, the judge may be more likely to edge on the side of higher punishment.

## Frequently Asked Questions About Violation of Probation In Texas

### What is a Probation Violation in Texas?

A probation violation occurs when an individual fails to comply with the conditions set by the court during their probation period. This can include missing meetings with a probation officer, failing drug tests, not completing community service, or committing new offenses.

### What are the Consequences of Violating Probation?

The consequences can vary depending on the severity of the violation and the individual’s criminal history. Penalties can include:

- **Revocation of Probation**: The court may revoke probation and impose the original jail or prison sentence.
- **Additional Conditions**: The court may add stricter conditions to the probation, such as increased reporting requirements or mandatory counseling.
- **Fines and Penalties**: The individual may face additional fines or penalties.
- **Extended Probation**: The probation period may be extended.

### What is the Difference Between Deferred Adjudication and Regular Probation?

**Deferred Adjudication** allows individuals to avoid a final conviction if they successfully complete the probation terms. If they violate probation, the court can impose the full range of punishment, and the record remains in their criminal history. **Regular Probation** results in a conviction, and violating probation can lead to revocation and imprisonment.

### Can I Get Bail if I Violate Probation?

Bail eligibility depends on the type of probation and the nature of the violation. Those on deferred adjudication may be eligible for bail, while those on regular probation may not.

### What Should I Do If I’m Facing a Probation Violation?

It’s crucial to consult with an experienced criminal defense attorney who can help you understand your rights, build a defense strategy, and navigate the legal process.

## Get Legal Help From Our Galveston Criminal Defense Attorney

This synopsis is helpful for understanding why violating probation is always a bad idea, but it should also convince you why retaining skilled legal counsel is absolutely necessary. Do not let a mistake in violating probation turn into a bigger error by trying to represent yourself at a probation revocation hearing.

If you are facing allegations of a violation of probation, please contact Criminal Defense Attorney Mark Diaz right away. You can call (409) 515-6170 to set up a case evaluation. Our [ Galveston criminal defense lawyers](/) serve clients throughout Galveston County and Greater Houston in many types of criminal cases, so we are prepared to take on probation matters.

(Updated 1/10/2025)

**Categories:** Criminal Defense Lawyers

**Tags:** violation of probation

---

### [What Are The Penalties For Aggravated Assault With A Deadly Weapon In Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-aggravated-assault-with-a-deadly-weapon-in-texas/)

**Published:** October 23, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![aggravated assault with a deadly weapon in Texas](https://texascriminaljustice.com/wp-content/uploads/2022/02/aggravated-assault-with-a-deadly-weapon-in-Texas.jpg "aggravated assault with a deadly weapon in Texas")

## Aggravated Assault With A Deadly Weapon

A closer look at the terminology alone should tell you that the penalties for aggravated assault with a deadly weapon in Texas are serious. “Aggravated” essentially means the punishment is enhanced compared to other versions of the crime, and the use of a “deadly weapon” means the offender employed a device capable of killing another human being.

This violent offense is always a felony, and a conviction could even lead to life behind bars. So that is just another point that should put things into perspective in terms of the severity of the aggravated assault charges.

Some statistics reveal that punishment is not the only concern. According to the [Texas Department of Public Safety](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf) (DPS), the number of reported aggravated assaults has risen more than 16% in recent years. Authorities have been cracking down in response to the spike, making almost 25,000 arrests for aggravated assault.

If you were charged with this offense, you can expect that prosecutors will aggressively pursue the allegations. Therefore, it is important to even the playing field by retaining a Galveston County criminal defense lawyer to fight for your rights. A look at the laws on aggravated assault and some background information is also helpful.

### Essential Elements the Prosecutor Must Prove

Before getting to the circumstances that elevate the offense and types of weapons, you should understand the basics of the charge of assault. To get a conviction, the government must prove that a person intentionally, knowingly:

- Caused bodily harm to a victim.
- Threatened a victim with imminent bodily injury.
- Caused physical contact with a victim, when the defendant knew or should have known the act would be offensive.

These acts are relatively minor, and two of them may not even cause actual injury. Aggravated assault involves acts that are more violent and/or extreme but require the State to have to prove more than just an assaultive offense. For a guilty verdict, the prosecutor must first prove all essential elements of an assault charge as described above. Then, the government must have evidence showing that the defendant either:

1. Caused ***serious*** bodily injury to the victim; OR
2. Used or exhibited a deadly weapon during the commission of the assault.

Still, you should always keep in mind that the government has the burden of proving guilt beyond a reasonable doubt with respect to every element of the crime. The prosecutor first needs sufficient evidence to prove a simple assault, as well as one of the two additional factors that make the crime aggravated assault.

Note that the definition of a deadly weapon in Texas includes more than just firearms. It also encompasses any item that has the potential to cause death or serious bodily injury. Therefore, a deadly weapon may also be:

- A knife or boxcutter.
- A baseball bat or club.
- A bomb, explosives, or another incendiary device.
- A motorized vehicle.
- Brass knuckles.
- A sword or machete.

## Penalties for Aggravated Assault with a Deadly Weapon in Texas

For comparison purposes, you should know that assault is typically charged as a Class A Misdemeanor punishable by up to 12 months in jail and a $4,000 fine. However, the penalties increase in severity considerably based on the surrounding circumstances:

**Aggravated Assault:** Both aggravated assault causing serious bodily injury AND aggravated assault with a deadly weapon are Second-Degree Felony charges. If convicted, the mandatory minimum sentence is 2 years in prison, though a judge or jury could order up to 20 years.

**First-Degree Felony Aggravated Assault:** There are additional factors that could elevate aggravated assault charges to a First-Degree Felony. Examples include:

- The defendant used a deadly weapon during the commission of the assault and caused serious bodily injury to a family member, a current or former dating partner, or member of the household.
- Aggravated assault against a witness to a crime, a security officer, a police officer, or another public servant who is performing official duties.
- Aggravated assault with a deadly weapon, when the defendant was inside a motor vehicle and he or she: 
    - Knowingly discharged a firearm into or in the direction of a building or other vehicle.
    - Acted with reckless disregard for whether the building or vehicle was occupied.
    - Caused serious bodily harm by discharging the gun.

If convicted of a First-Degree Felony, you face a mandatory minimum sentence of 5 years in prison and a maximum incarceration of 99 years.

### How Collateral Consequences Affect Your Future

After serving a sentence for aggravated assault with a deadly weapon in Texas, many individuals are shocked to learn about the additional ramifications of a conviction. These are the legal disability and implications that follow you, and they are more extensive when convicted of a felony. For instance:

- You may be unable to exercise key civil rights, including the right to vote, hold public office, and possess firearms.
- You may be required to disclose a felony conviction when applying for a job, public benefits, housing, and other scenarios. Doing so could disqualify you, while the failure to disclose might lead to additional penalties.
- Even if not required to disclose information about a conviction for aggravated assault, the information could be uncovered through a background check.

Also, you should note the special case of aggravated assault against a family member. Upon an arrest that is linked to domestic violence, the criminal court will issue a magistrate’s order of protection, also known as an injunction or protective order. The document will prohibit you from contacting or communicating with the victim, but an order of protection could also require you to stay away from that person. This includes a residence that you share so, to many people, losing your home is also a significant collateral consequence.

### Legal Help With The Criminal Process

There is a substantial amount of information to absorb about an aggravated assault with a deadly weapon, and it can be confusing trying to keep the different essential elements and penalties straight. Because of the complications and possibility that you could spend decades behind bars, retaining a Galveston County criminal defense attorney. You will need advice and counsel at every stage of the proceedings, including:

**Arrest:** Your lawyer will probably not be present at the moment of your arrest, but having legal representation is important if you are being questioned or interviewed by police. You have the right to remain silent, but officers can be tricky in getting you to provide information. Your attorney will prevent these tactics from turning into self-incriminating statements that could be used against you in court.

**Arraignment and Bond Hearing:** During this first court appearance, the judge will read the allegations of aggravated assault and ask you to enter a plea. In addition, the arraignment is when you have the opportunity to arrange bail for your release pending trial. Bond hearings are more complicated with violent felonies like aggravated assault.

**Pretrial Hearings and Motions:** There is considerable activity leading up to trial, and your attorney might have grounds to file a motion to dismiss the charges on the grounds of police misconduct, a lack of evidence, or other defenses.

**Trial:** If the aggravated assault charges are not dismissed or resolved via plea bargaining, the case will go to trial. The prosecutor will go first in terms of presenting exhibits and witness testimony, and your criminal defense lawyer will take every opportunity to cross-examine. Once the government rests, you will have a chance to present defenses to aggravated assault with a deadly weapon, such as:

- Self-defense or the defense of others.
- Lack of intent, knowledge, or reckless disregard, i.e., state of mind elements.
- You did not cause bodily injury, make threats, or make offensive physical contact since the prosecution must first establish the elements of simple assault before moving to the aggravated version.
- Though a deadly weapon was in your possession, you did not use or exhibit it.
- The item you allegedly used or exhibited is not a deadly weapon.

***Sentencing:*** If the jury returns a guilty verdict, it is likely that you will be taken into custody and a sentencing hearing will be held at a later date. Having an attorney is also crucial at this stage since the punishment for aggravated assault ranges considerably. Your objective would be to stay as close to the mandatory minimum as possible, possibly with evidence of your good moral character, assistance with authorities, lack of a criminal record, and other proof.

##  Frequently Asked Questions About Aggravated Assault With A Deadly Weapon In Texas

### What is Aggravated Assault with a Deadly Weapon?

Aggravated assault with a deadly weapon in Texas involves intentionally, knowingly, or recklessly causing serious bodily injury to another person while using or exhibiting a deadly weapon. This can include firearms, knives, or any object that can cause serious harm or death.

### What are the Penalties for Aggravated Assault with a Deadly Weapon in Texas?

Typically, this offense is classified as a second-degree felony, which can result in 2 to 20 years of imprisonment and fines up to $10,000. However, certain factors can elevate the charge to a first-degree felony, which carries even harsher penalties, including up to life imprisonment.

### Can Aggravated Assault Charges be Defended?

Yes, there are several defenses available, such as self-defense, defense of others, or lack of intent. Each case is unique, and the specific circumstances will determine the best defense strategy.

### What Constitutes a Deadly Weapon?

A deadly weapon is defined as any object that is capable of causing death or serious bodily injury. This includes not only traditional weapons like guns and knives but also everyday objects used in a manner that can cause significant harm.

### What Should I Do If I’m Charged with Aggravated Assault with a Deadly Weapon?

If you’re facing such charges, it’s crucial to seek legal advice immediately. An experienced attorney can help navigate the complexities of the legal system and build a strong defense.

### Can Bail be Granted for Aggravated Assault with a Deadly Weapon?

Bail may be set for aggravated assault charges, but it is not guaranteed. The decision depends on various factors, including the severity of the offense and the defendant’s criminal history.

### How Does Aggravated Assault Differ from Simple Assault?

The key difference lies in the severity of the injury and the involvement of a deadly weapon. Simple assault typically involves less severe bodily harm or threats, whereas aggravated assault involves serious bodily injury or the use of a deadly weapon.

### Consult With Our Galveston Assault & Battery Lawyer Right Away

From this overview, you can see that aggravated assault with a deadly weapon is one of the most serious offenses under Texas criminal law. Knowing the severity of the penalties, it is crucial to have experienced legal representation throughout the proceedings.

For additional information on fighting aggravated assault charges, please contact the Galveston County offices of Criminal Defense Attorney Mark Diaz. You can call (409) 515-6170 to set up a [free initial consultation](/landing-form/) with our skilled [Galveston County assault & battery lawyer](/assault-and-battery/). After we review the details of your case, we can get started on a strategy for obtaining a favorable outcome.

Mark Diaz & Associates is a Criminal Defense Law Firm Located in Galveston, Texas representing clients throughout [Galveston](https://www.galvestoncountytx.gov/), Chambers, and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City, League City, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, San Leon, Dickinson, Kemah, Bolivar Peninsula, Clear Lake Shores, and Friendswood.

(Updated 10/23/2024)

**Categories:** Assault Defense Attorney, Criminal Defense Lawyer

**Tags:** aggravated assault

---

### [Who is Required to Register with the Sexual Offender Registry in Texas?](https://texascriminaljustice.com/who-is-required-to-register-with-the-sexual-offender-registry-in-texas/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![sexual offenders](https://texascriminaljustice.com/wp-content/uploads/2022/03/sexual-offenders.jpg "sexual offenders")

## Goals Of Texas Sex Offender Registry

Like many U.S. states, Texas treats sexual assault and related offenses very seriously. Recognizing the extreme consequences and devastating impact for victims, state laws carry implications beyond jail time and fines for convicted sexual offenders. Even after serving a criminal sentence, an individual is required to register with local authorities for certain crimes. The sexual offender registry aims at two goals:

1. Imposing harsh requirements to discourage individuals from engaging in violent sex offenses.
2. Protecting the public from an offender who might be prone to repeat the crime.

In short, the law requires a person convicted of designated sex crimes to register with the local authorities in which they reside. For many individuals, the requirement to register is a lifetime obligation, meaning, that for the remainder of that person’s life, they must register as a sex offender. The consequences of this, as you might imagine, are harsh. Some statistics on the matter will illustrate this point further.

According to the [Texas Department of Public Safety](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf) (or “DPS”) Crime Report for 2020, there were nearly 17,000 reported incidents of sexual assault in 2020. Of those incidents reported for the year, the DPS Crime Report concluded that approximately 42 percent of the sexual assault offenders were aged 29 years or younger. The lifetime registration requirement for someone who falls in that age range could be decades.

Still, the registration for sexual offenders only applies to those convicted of crimes designated by law. An arrest is not a conviction, so it is critical to present all available defenses at every stage of the criminal process. Retaining [Galveston sexual assault attorneys](/sexual-assault/) is an essential first step, but it is helpful to know [who has to register with the sexual offender registry in Texas](https://publicsite.dps.texas.gov/SexOffenderRegistry/map/load?mapReqId=1&channel=p-SexOffenderJs&address=Goldthwaite%2C+TX%2C+USA).

## Understanding the Texas Sex Offender Registration Program

The details will vary based upon your case and where you live, but the basic requirements for sex offender registration include:

- Sex offenders must provide their full name, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver’s license number, shoe size, home address or a detailed description of each geographical location at which the person resides or intends to reside, each alias, and any home, work or cell phone number of the person;
- Sex offenders are required to register with local law enforcement where they intend to live upon release from incarceration, discharge from parole, or termination of community supervision. This is the date sex offender registry requirements begin.
- The nature of the offense determines how long you will be required to register. Sex offenders either register for life or for ten years. The more severe the offense, the more likely the person falls under the lifetime registration requirement.
- A registered sex offender who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county, other than the municipality or county in which the offender is registered, must report that fact to the local law enforcement authority of the municipality or county in which the offender is visiting.
- All information maintained in the registry is public record, accessible by loved ones, people you know, and potential employers. The stigma can be just as adverse as criminal punishment.

It is possible to decrease the applicable time-period for sexual offender registration, or in very limited circumstances, ask the court for an exemption from registering. Generally, an adult offender may ask a court for an exemption only if: (1) the offenses resulted in a conviction or deferred adjudication community supervision for indecency with a child (Section 21.11, Penal Code) or sexual assault (Section 22.011, Penal Code); (2) the victim was at least 15 years of age and the offender was not more than four years older than the victim, at the time of the offense; and (3) the offense involved consensual conduct. Additionally, adult sex offenders may ask a court for an early termination of registration after the offender has received an individual risk assessment and by explaining how the reportable conviction or adjudication’s registration period exceeds the minimum required registration period under the federal law.

### Sexual Assault and Related Crimes Trigger the Registration Requirement

To better understand the sex offender registration program, you should be aware of how people end up on the list. An explanation of the specific crimes is important because Texas law on sexual assault encompasses a wide array of conduct:

- Sexual Assault
- Aggravated Sexual Assault
- Continuous Sexual Assault of a Child
- Aggravated Kidnapping
- Online Solicitation of a Minor
- Possession or Promotion of Child Pornography
- Burglary, if the offender intended to commit a sex offense after entering
- Sexual Performance of Child
- Many others

The above sexual offenses trigger the lifetime requirement. Crimes that qualify for the 10-year sexual offender registration are not as serious as the ones listed above, but of course, are still serious in comparison to other non-sex related offenses. Examples include online solicitation of a minor, indecency with a child, etc. Note that some of the crimes that include 10-year registration can turn into a lifetime requirement for a subsequent conviction.

**Criminal Penalties for Sexual Assault Conviction:** Though it is certainly crucial to appreciate how the sex offender registry works, you should also be aware of the specific criminal penalties attached to the criminal offenses.

***Sexual Assault:*** This offense is what people generally known as rape. Under Texas law, a person can be convicted for intentionally, knowingly committing any one of the acts listed in the statute without the victim’s consent. In general, it is a violation of the law to use genitalia or an object to come into contact with or penetrate the victim’s sexual organs. For purposes of the statute, a child cannot legally provide consent. In Texas, a “child” is any person who has not reached the age of 18 years old.

Sexual assault is a Second-Degree Felony, which carries a mandatory minimum sentence of 2 years in prison and anywhere up to 20 years in prison, and a possible fine not to exceed $10,000.

***Aggravated Sexual Assault:*** A sex crime could be elevated to an aggravated version in the presence of certain factors. For example, you could face aggravated sexual assault for:

- Causing serious bodily injury to the victim.
- Attempting to induce fatal injuries.
- Using threats to place the victim in fear of death or serious bodily injury.
- Assaulting a victim who is elderly, disabled, or under the age of 14 years old
- Using or brandishing a deadly weapon.
- Employing a date rape drug, such as Rohypnol, with the intent to subdue the victim and make the assault easier to commit.

Aggravated sexual assault is a First-Degree Felony with a mandatory minimum of 5 years of imprisonment and up to 99 years in prison, plus a possible $10,000 fine. In addition, the statute includes special provisions that could enhance sentencing. The mandatory minimum sentence becomes 25 years if the victim was under 6 years old (sometimes referred to as “Super Aggravated Assault of a Child”, or if a deadly weapon was used upon a child under 14 years old. If this becomes the case, the person charged with this type of offense is also ineligible for probation.

***Failure to Register:*** Not complying with the legal requirements of the sex offender registration program is a separate crime and regardless of the criminal conduct, is always a felony charge. Failing to register and failing to verify annually are example of charges for people who do not comply with the strict sex offender registration requirements. The charge and penalties depend upon the underlying registration requirement. The conviction which prompted the sex offender registration requirement will determine the punishment for failing to comply with the rules – meaning, whether it will be classified as a State Jail Felony, a Second-Degree Felony, or a Third-Degree Felony.

**Other Collateral Consequences:** Upon your release from incarceration, payment of any fines and court costs, and other resolution in a sexual assault case, there are lasting ramifications. These are the legal disabilities and implications that come with having a criminal record, particularly one that includes a conviction for a sexual offense. Aside from the sex offender registration requirement, keep in mind:

- Having a past conviction impacts your future if you are charged with another crime, including a sexual offense. Either the sentencing could be harsher or the charge could be elevated, such as from a misdemeanor to a felony.
- For many sex crimes, you will be severely restricted in terms of employment.
- Even if not directly impacted, you might not qualify for a professional license after a conviction, effectively limiting job and business opportunities.
- You may be unable to vote or own/possess firearms.

## Questions to Ask Your Galveston County Sexual Assault Lawyer

It can be difficult to know what to look for in an attorney if you have never needed legal help before. Of course, you will want a lawyer who focuses on criminal defense and has extensive experience defending those accused of violating Texas law. However, by asking some additional questions, you are more likely to find the right fit when retaining counsel.

- Roughly, how many sexual assault cases have you handled?
- What types of evidence could be introduced in court against me? What are the available defenses for the type of charge I am facing?
- Should I testify in court for my own defense, in light of Fifth Amendment protections against self-incrimination?
- Is there a possibility of reducing the charges or resolving them via plea bargain? Am I eligible for probation for the crime I am charged with?
- How can I keep punishment on the low end of the penalty range?
- Do I qualify for an individual risk assessment to reduce the amount of time I need to follow sex offender registration requirements?

## Frequently Asked Questions About Texas Sexual Offender Registry

### What is the Texas Sexual Offender Registry?

The Texas Sexual Offender Registry is a public database that tracks individuals convicted of sex crimes. It is designed to protect the public by providing information about registered sex offenders.

### Who is required to register as a sex offender in Texas?

Individuals convicted of certain sex offenses, including sexual assault, aggravated sexual assault, and indecency with a child, are required to register as sex offenders in Texas.

### How long must a person remain on the Texas Sexual Offender Registry?

The duration of registration depends on the offense. Some individuals must register for 10 years, while others are required to register for life.

### What information is included in the Texas Sexual Offender Registry?

The registry includes the offender’s name, address, photograph, and details of the offense. It also includes information about the offender’s compliance with registration requirements.

### What are the consequences of failing to register as a sex offender in Texas?

Failing to comply with registration requirements can result in felony charges and significant penalties, including imprisonment.

### Can the public access the Texas Sexual Offender Registry?

Yes, the public can access the registry online through the Texas Department of Public Safety’s website.

### Are there any restrictions on where registered sex offenders can live in Texas?

Yes, registered sex offenders may face restrictions on where they can live, particularly in proximity to schools, parks, and other places where children gather.

### Can a person be removed from the Texas Sexual Offender Registry?

In some cases, individuals may petition the court for removal from the registry, but this is typically difficult and depends on various factors, including the nature of the offense and the individual’s compliance with registration requirements

## **Our Galveston County Sexual Assault Attorneys Can Provide Additional Details**

The sex offender registration program imposes harsh requirements on sex offenders and mandates strict compliance; if possible, it is critical to assess ways to avoid a conviction resulting in such great magnitude. Even if you cannot get sexual assault charges dismissed, there may be other tactics to obtain a favorable outcome.

You do not have to manage your criminal charges alone, nor should you. For more information on fighting sex crimes charges, please contact Criminal Defense Attorney Mark Diaz call (409) 515-6170. We can set up a free initial consultation with a [Galveston County sexual assault lawyer ](/sexual-assault/)who will review your circumstances.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(12/11/2024)

**Categories:** Criminal Defense Lawyer, Sexual Assault Defense Attorney

**Tags:** Sexual Offender

---

### [Are Breathalyzer Results Always Admissible in Court?](https://texascriminaljustice.com/are-breathalyzer-results-always-admissible-in-court/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Breathalzer Results](https://texascriminaljustice.com/wp-content/uploads/2022/04/Breathalzer-Results.jpg "Breathalzer Results")If you were recently arrested for Driving While Intoxicated (DWI) in Texas, it should come as a relief to know that breathalyzer test results are NOT always admissible in court. There is a wide array of circumstances under which evidence of your blood alcohol concentration (BAC) cannot be used against you, and the results of other chemical tests could also be inadmissible.

The Texas Department of Public Safety (DPS) annual publication on *[Crime in Texas](https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/2020cit.pdf)* reports that police arrest more than 67,700 people every year for drunk driving, but the number of convictions is far lower. Often, these defendants are able to beat the charges by getting breathalyzer test results tossed out of court or through other defenses.

Unfortunately, there is nothing automatic about BAC evidence being used against you. The prosecutor will introduce it and, unless you have a sound argument about why it is inadmissible, the court will consider it when weighing guilt. Plus, you must be proactive in presenting defenses throughout the entire criminal process, not just at trial. Retaining legal help is critical since [Galveston County DWI attorneys](/dwi-charges/) have the experience and knowledge needed to develop a solid defense strategy. Some information on chemical tests and the admissibility of evidence may also be useful.

## Breathalyzers and Portable Devices

Initially, you should understand how timing impacts the admissibility of test results. Texas is an implied consent state, which means all drivers agree to submit to a chemical test for BAC if requested by police. Like other US states, the legal limit is .08 percent BAC.

However, you only impliedly consent to such a test if you are already under arrest by an officer who has probable cause to believe you were operating a vehicle while intoxicated. Before that point, you are under no obligation to submit to the breathalyzer test. If the police pull you over and ask you to blow before arresting you, the refusal does not violate the implied consent law.

Plus, the results of a portable breathalyzer that police use in the field are not admissible in court. They are notoriously inaccurate, so the results cannot be used at the criminal trial to determine guilt – nor can they be introduced as evidence in administrative proceedings to determine the fate of your driving privileges.

Once you are under arrest and officers take you to the police station, this triggers the Texas implied consent law. At this point, the results of a breathalyzer test are admissible in court. You can still decline, but the implications are harsh. Keep in mind the following:

- When you refuse to blow, your driver’s license will automatically be suspended for up to 180 days.
- You might consider refusing a chemical test if you think your BAC is over .15 since enhanced penalties apply as compared to being over the legal limit of .08 percent.
- Even after declining a breathalyzer test, police may have grounds to conduct a chemical test without your consent.
- If you refuse to blow, you can still be convicted of drunk driving in Texas based upon impairment. Officers could testify about their observations during the encounter, such as your bloodshot eyes, slurred speech, and clumsy gestures. This may be sufficient evidence to sustain a conviction without proof of BAC.

### Penalties for DWI in Texas

A first-time drunk driving conviction is Class B Misdemeanor, so you face 3 days to 6 months incarceration, a fine of up to $2,000 and an additional statutory fine of $3,000. Your driver’s license will be also suspended for at least 90 days to 1 year. The penalties increase for subsequent drunk driving convictions, so:

- You could be jailed for 30 days to a year for a second offense, and the court may levy a $4,500 fine. You lose your driving privileges for 180 days to 2 years.
- For a third time DWI, the mandatory minimum prison sentence is 2 years, though a judge could order up to 10 years’ imprisonment. The maximum fine is $10,000.

While other US states have a lookback period for purposes of prior convictions, Texas does not. This means any conviction in your past will be considered, no matter how far back it occurred.

If your BAC is in excess of .15 as measured by a chemical test, the crime is a Class A Misdemeanor. A conviction could mean 30 days to 1 year in jail, and the driver’s license suspension will be a minimum of 2 years.

### Grounds for Contesting Breathalyzer

Since refusing to blow is a wise move under very limited circumstances, you should instead focus on the ways to keep breathalyzer test results out of court. You might be surprised to learn the constitutional law implications in these cases. The Fourth Amendment protection from unlawful search and seizure does not prevent officers from getting BAC evidence from you. Likewise, there is no violation of your Fifth Amendment right against self-incrimination. The court has held that public safety interests of reducing drunk driving outweigh these protections.

Still, because of the impact on your rights, there are strict rules on breathalyzers and other chemical test results. Not following them to the letter could provide grounds to toss the evidence. For instance:

- Breathalyzer devices must conform to administrative requirements for maintenance and calibration. Failure to keep them in working condition could result in inaccurate results. Anomalies in the maintenance history might be useful evidence.
- Proper use of breathalyzers requires special training, so they can only be operated by law enforcement officers with the right credentials. Use by someone not qualified could be grounds to find the test results inadmissible.
- The timing of the breathalyzer test could also lead the results to be tossed. When several hours have passed from your arrest to transporting you to the station and sitting you down for the test, then the evidence is tainted.

### Other Strategies in Texas DWI Cases

Contesting breathalyzer evidence is not the only way to fight drunk driving charges. There are multiple defenses that may apply to your case, and you may want to consider other strategies for resolving the charges. Some examples include:

- Police must have a reasonable suspicion that you are driving under the influence of alcohol before pulling you over. This rule does not apply to sobriety checkpoints, however. In DWI cases, officers can meet this standard if they were speeding, made erratic lane changes, violated traffic laws, or otherwise demonstrated impairment.
- Law enforcement cannot arrest you unless they have probable cause that you are intoxicated. A lack of probable cause means the arrest was unjustified, so evidence subsequently taken from you through a breathalyzer may be inadmissible.
- If you are able to have the breathalyzer test results tossed, the prosecutor may be forced to rely on the impairment strategy to obtain a conviction. This approach is not as solid because it incorporates the subjective opinions of the officers who arrested you – rather than the scientific evidence of BAC. With a weak case, a prosecution might offer a plea bargain rather than risk a loss. This scenario is often termed “wet” reckless because you would plead down to reckless driving. Reckless driving is still punishable by jail time and fines, but you may not lose your license as you would with a drunk driving conviction.

### Questions to Ask Your Galveston County DWI Attorney

This information about the use of breathalyzer test results as evidence in court is helpful, but it should also convince you that legal representation is critical. If you have never needed a lawyer for a criminal case or any other matter, it can be difficult to figure out where to be with finding out. By asking a candidate a few questions about your case, you are more likely to find the right fit.

- *What percentage of your clients are DWI cases?* You want to know that your lawyer focuses on drunk driving cases rather than broader practice areas.
- *What are the strengths and weaknesses in my case?* The answer to this question should help you make decisions on whether to plea bargain or take the case to trial.
- *How often do you try DWI cases in court?* It is important to retain an attorney who has spent considerable time in court and has amassed solid trial advocacy skills.
- *Who will be the contact person at your firm?* You want to ensure that your lawyer will be the primary point of contact, rather than having your questions and concerns handed off to a non-lawyer staff member.

## Texas Breathalyzer Law Frequently Asked Questions

### What is Texas’ Implied Consent Law?

When you obtain a driver’s license in Texas, you automatically consent to submit to a breath or blood test if you are arrested for DUI. This is known as the **implied consent law**. By driving on Texas roads, you agree to comply with a lawful request for a breath or blood test if an officer reasonably suspects you are impaired.

### What Happens If I Refuse a Breathalyzer Test?

Refusing to take a breathalyzer test in Texas can result in severe consequences. Your driver’s license will be automatically suspended for **180 days** for a first offense or **two years** for subsequent offenses. Additionally, prosecutors can use your refusal as evidence of guilt in court.

### Can the Police Force Me to Take a Breathalyzer Test?

While the police cannot force you to take a breathalyzer test without your consent, they can obtain a blood sample without your consent under certain circumstances, such as if you have a previous DWI conviction with a minor in the vehicle or if you were involved in an accident causing serious injury or death.

### What Are the Penalties for DUI in Texas?

Penalties for DUI in Texas can include fines, jail time, community service, and mandatory education programs. The severity of the penalties depends on factors such as your blood alcohol concentration (BAC) level and whether it is a first-time or repeat offense.

### Can I Challenge the Suspension of My Driver’s License?

Yes, you can request an **Administrative License Revocation (ALR) hearing** within 15 days of your arrest to challenge the suspension of your driver’s license. This hearing is an opportunity to try to keep your license from being suspended.

### What Should I Do If I’m Pulled Over for Suspected DUI?

If you’re pulled over for suspected DUI, it’s important to remain calm and cooperate with the officer. You have the right to refuse a breathalyzer test, but be aware of the consequences. It’s also a good idea to contact a DUI defense attorney who can help you navigate the legal process and protect your rights.

## Our Galveston County DWI Attorneys Aggressively Fight the Charges

It is true that breathalyzer test results may not be admissible in court, but you can see from the above that getting BAC evidence tossed is no easy task. Without a legal background, you are at a disadvantage going up against a prosecutor who handles DWI cases every day. By working with skilled legal counsel, you gain an edge in developing an effective defense strategy.

To learn more about the admissibility of the breathalyzer and other chemical test results in Texas drunk driving cases, please [contact Criminal Defense Attorney Mark Diaz](/landing-form/). Individuals in Galveston County and Greater Houston can schedule a complimentary consultation by calling (409) 515-6170. After reviewing your unique circumstances, our [Galveston County DWI lawyers](/dwi-charges/) can advise you on potential defenses.

(Updated 1/8/2025)

**Categories:** DWI Lawyer

**Tags:** drunk driving, DUI, DWI

---

### [How Serious is Possession of Drug Paraphernalia in Texas?](https://texascriminaljustice.com/how-serious-is-possession-of-drug-paraphernalia-in-texas/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![possession of drug paraphernalia](https://texascriminaljustice.com/wp-content/uploads/2022/04/possession-of-drug-paraphernalia.jpg "possession of drug paraphernalia")Texas drug laws are extremely harsh when compared to other U.S. states, and this is true even when it comes to the physical devices and tangible items related to prohibited acts. The [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.125) describes the offense of “Possession or Delivery of Drug Paraphernalia,” and the definitions are quite expansive.

Under certain circumstances, just about anything, you would normally find in a home, vehicle, or business could be classified as contraband. In the sense that you could face criminal charges for seemingly harmless, perfectly legal objects, possession of drug paraphernalia is most definitely a serious crime. Plus, this offense is often associated with other illegal conduct, so law enforcement officers are also likely to tack on charges for possession, trafficking, and manufacturing.

However, the expansive definition of what constitutes drug paraphernalia also leaves open a wide door for presenting defenses. There are challenges for the prosecution in proving all essential elements to get a conviction for possession of drug paraphernalia in Texas, so you must take advantage of all opportunities to obtain a favorable outcome. Your first priority should be consulting with a [Galveston County drug crime lawyer](/drug-possession/), though some general information is also helpful.

## Basics About Texas Drug Paraphernalia Laws

The statute prohibits two types of conduct related to the items defined as paraphernalia.

1. Possession is the actual use or intent to use an item for illegal purposes.
2. Delivery involves the distribution of items knowing that they will be used for illegal purposes, what you may know familiarly as trafficking in drug paraphernalia. The law also prohibits manufacturing these products under the same section.

Within these two categories of illegal acts, the focus is on what constitutes the illegal purposes to which the unlawful item could be dedicated. You could be charged with delivery or possession of drug paraphernalia in Texas if a product or device could be used to:

- Plant, cultivate, propagate, grow, or harvest controlled substances in plant form.
- Manufacture, convert, process, prepare or compound drugs.
- Test, weigh, or analyze controlled substances.
- Store, pack, contain, or conceal drugs.
- Inject, ingest, consume, or otherwise introducing controlled substances into the human body.

Another important point to note about the two types of drug paraphernalia violations is that the law requires the prosecution to prove the defendant’s state of mind. There must be evidence that the individual intentionally possessed or delivered these items knowing that they would be used for illegal purposes.

### Penalties for Drug Paraphernalia Crimes in Texas

The definitions of possession and delivery of drug paraphernalia are important because they impact the nature of the criminal charges.

- Possession of drug paraphernalia is the lesser of the two offenses, as most individuals have these items for personal use. The offense is a Class C Misdemeanor, for which a judge could order a maximum fine of $500. There is no jail time for a conviction.
- Delivery or manufacturing drug paraphernalia is a Class A Misdemeanor. If convicted, you could be sentenced up to a maximum of one year of incarceration and a fine of up to $4,000.
- When delivery of drug paraphernalia involves a recipient who is under 18 years old and more than 3 years younger than the defendant, the offense is a State Jail Felony. A conviction could lead to no less than 180 days and up to 2 years in state jail, along with a fine of up to $10,000.

Mandatory minimum sentencing applies for subsequent offenses, so the jail sentence is stiffer under certain circumstances. If you were previously convicted for delivery OR delivery of drug paraphernalia to a minor, the judge must sentence you to at least 90 days’ imprisonment.

### Statutory Defenses

The Texas drug paraphernalia possession law includes a provision that could act as a defense to the charges, though under very limited circumstances. You could have the charges dismissed or be acquitted at trial if you were the first individual to call 9-1-1 because another person was overdosing on controlled substances and:

- You requested medical assistance in an ongoing emergency situation.
- You stayed at the scene to await first responders.
- You cooperated with medical personnel and law enforcement.

However, this defense is not available if you made the 9-1-1 call while under arrest or being served with a search warrant. You may also run into challenges with establishing this defense if you have a track record of taking advantage of it. The law contains a “lookback” period of 18 months prior to the arrest in the underlying case. If you requested medical assistance in response to a possible overdose within this timeframe, the defense is not available.

### Other Defenses to Drug Paraphernalia Possession

The statutory defense is quite narrow, but there are other options for fighting the charges. Always remember that the government has the burden of proving guilt beyond a reasonable doubt, and the prosecutor must meet this burden for every element of the crime. For both drug paraphernalia crimes, the requirement of intent and knowledge is key.

- With possession of contraband items, the prosecution must have evidence that you had the item on or about your person with the intent to produce, process, or consume controlled substances.
- In a case for delivery of drug paraphernalia, the prosecutor must also prove intent – i.e., the defendant’s intent to provide contraband knowing it will be used to produce, process, or consume controlled substances.

In addition, there are numerous other defenses and strategies you can pursue with help from a Galveston County drug crime lawyer. For instance:

Many drug paraphernalia arrests stem from illegal search and seizures by police. Officers are required to have a warrant, signed by a judge and supported by probable cause, to search you, your home, and your business. If they do not have a warrant or justifiable reason to act without one, all evidence turned up by the unlawful search is not admissible in court. Without key evidence – such as the items alleged to violate drug paraphernalia laws – the prosecutor may not be able to prove guilt beyond a reasonable doubt.

With both possession and delivery of drug paraphernalia, you could base your defense on the item having a legitimate purpose. This strategy targets the intent element, so you could fight the charges on the grounds that:

- A scale was for use in the kitchen.
- You have plastic baggies for food storage.
- The lighting system in your home is for growing vegetables indoors.

Of course, this defense is not as solid when controlled substances are also found by officers, including trace amounts of drugs on the paraphernalia.

With possession of drug paraphernalia, you might defeat the charges on the basis of actual versus constructive possession. The key with possession is whether you were able to exercise control and dominion over the item. Actual possession is relatively straightforward since it usually involves a pipe, container, or related devices in a person’s pocket.

The lines are more blurred with constructive possession, so you could contest the charges by proving that you did not exercise control. For instance, if you were driving someone else’s car and drug paraphernalia was found in the trunk, you could have a solid defense. When more than one person has access to the item, the prosecutor cannot meet its burden to show that a single individual exercised control.

### Tips if You Were Arrested

You can see that there are multiple defense opportunities available in drug paraphernalia cases, and you can rely on your Galveston County drug crime lawyer to take advantage of them. However, there are a few things you can do to support your attorney’s efforts.

- If served with a search warrant, review it carefully for a judge’s signature and description of the investigation police intend to conduct. Do not consent to any search beyond what the warrant states.
- If you are arrested for delivery or possession of drug paraphernalia, exercise your right to remain silent as read to you in your Miranda warnings.
- Never resist arrest or get into verbal or physical altercations with law enforcement. Doing so will not convince the police to release you, and you could face additional charges.
- Once in custody, do not provide statements to police or answer officers’ questions. Even if you are professing your innocence, your words can be used in court against you and in ways you never expected.
- Upon arrest for drug paraphernalia charges, the only time you should speak is to request to contact your criminal defense attorney.

## Frequently Asked Questions About Drug Paraphernalia Charges in Texas

### What is considered drug paraphernalia in Texas?

Drug paraphernalia includes any equipment, product, or material intended for use in planting, cultivating, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance, or for injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body.

### What are the penalties for possessing drug paraphernalia in Texas?

Possessing drug paraphernalia is a Class C misdemeanor, punishable by a fine of up to $500.

### What are the penalties for delivering or manufacturing drug paraphernalia in Texas?

Delivering or manufacturing drug paraphernalia is a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000. If the offense involves a minor, it can be elevated to a state jail felony.

### Are there any defenses to drug paraphernalia charges in Texas?

Yes, there are defenses available. For example, if the person was the first to request emergency medical assistance for an overdose, they may have a defense against prosecution3.

### Can drug paraphernalia charges affect my criminal record?

Yes, a conviction for drug paraphernalia can result in a criminal record, which may impact future employment, housing, and other opportunities.

### What should I do if I’m charged with possession of drug paraphernalia?

It’s important to seek legal advice from an attorney who specializes in drug-related offenses. They can help you understand your rights and options.

## Discuss Defenses With Our Galveston County Drug Crime Lawyer

If you were arrested for any drug offense, it is critical to retain an experienced [Galveston County drug crime defense attorney](/drug-possession/) right away. Timing is critical in these cases, so having legal counsel is essential from the earliest stages of the criminal process.

To learn more about defenses to possession of drug paraphernalia in Texas, please contact criminal defense attorney Mark Diaz. Individuals in Greater Houston and throughout Galveston County can call 409-515-6170 to [schedule a free consultation](/landing-form/) with a Texas drug crimes defense lawyer. Once we review your situation, we can explain the options for fighting the charges.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to[ Tiki Island](https://villageoftikiisland.gov/),[ Jamaica Beach](http://www.ci.jamaicabeach.tx.us/),[ Texas City](https://www.texascitytx.gov/),[ League City](https://www.leaguecitytx.gov/),[ Alvin](https://www.alvin-tx.gov/), Algoa,[ Santa Fe](https://www.ci.santa-fe.tx.us/),[ Hitchcock](https://www.cityofhitchcock.org/),[ La Marque](https://www.ci.la-marque.tx.us/),[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/),[ Kemah](https://www.kemahtx.gov/),[ Bolivar Peninsula](https://www.bolivarpeninsulatexas.com/),[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 12/11/2024)

**Categories:** Drug Crime Lawyer

**Tags:** Drug Paraphernalia

---

### [Penalty Group 1 of Texas Controlled Substance Penalty Groups](https://texascriminaljustice.com/penalty-group-1-of-texas-controlled-substance-penalty-groups/)

**Published:** December 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas penalty group 1](https://texascriminaljustice.com/wp-content/uploads/2022/06/Diaz_2_Texas-penalty-group-1.jpg "Texas penalty group 1")Even if you do not have a legal background, you may be aware that federal law and the statutes in most US states establish a system for categorizing illegal drugs. Texas controlled substance penalty groups are the starting point for understanding how the state’s laws work. Every drug is classified into these groups, including:

- Familiar illegal drugs like cocaine, marijuana, crystal meth, and heroin
- Prescription drugs
- The associated compounds used to manufacture controlled substances

## Texas Drug Laws Overview

Generally speaking, Texas drug laws are based on how the controlled substance is categorized into a penalty group and the amount linked to the unlawful activity. If you were arrested for a crime involving [Penalty Group 1](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.102), you should be aware that this class is on the high end in terms of severity. Every offense related to these controlled substances is a felony, so sentencing for a conviction could mean long prison sentences, astronomical fines, and significant collateral consequences.

Still, there are many stages along the timeline of a criminal case between an arrest and a conviction. You may have a defense or other strategy at any point throughout the process, and our [Galveston County drug crime lawyer](/drug-trafficking/) will ensure to take advantage of every opportunity. In addition, an overview of Penalty Group 1 of Texas controlled substance penalty groups is informative.

### Summary of the Texas Penalty Group System

In all, there are four penalty groups and two subgroups for classifying controlled substances. There are two basic criteria for placing drugs in certain categories:

1. The extent to which the controlled substance is likely to cause abuse and/or addiction.
2. Whether the drug has a use in the medical field.

Balancing these two factors is how a controlled substance makes its way into a penalty group. As such:

- Penalty Group 1, 1-A, and 1-B include drugs that are the most likely to lead to addiction and mostly have no accepted use for medical treatment.
- Controlled substances in Penalty Group 2 and 2-A are not as dangerous and may have limited application in medicine.
- Penalty Group 3 is comprised of drugs that may cause addiction or abuse, but there is increased recognition for use by medical professionals.
- There are many prescription and some over-the-counter drugs in Penalty Group 4. This category includes controlled substances that cause minimal addition but are appropriate for treatment.

Note that marijuana is in a separate penalty group, but it is still a controlled substance. While other states have legalized marijuana for recreational use, Texas has not taken this step. The state DOES allow medical marijuana under very limited circumstances. The penalties for crimes related to marijuana are less severe compared to other above referenced drugs, though life in prison is still a possibility if convicted.

### Basics of Penalty Group 1 Drugs

Knowing that this category includes controlled substances that lawmakers consider the most dangerous and sometimes useless for medical treatment, you can probably guess the drugs falling in Penalty Group 1. Felony charges apply to illegal activities involving:

- Cocaine
- Heroin
- Methamphetamine
- Fentanyl
- Codeine
- Opium
- Oxycodone
- Methadone
- Many others

The statute also applies to preparations, salts, compounds, esters, and other forms that are the equivalent of substances appearing in Penalty Group 1. For purposes of charging a defendant, officials will include the entire contraband in assessing the amount – so even substances that are NOT illegal could count towards the weight.

Controlled substances in Penalty Groups 1-A and 1-B are still considered addictive and have no medical purpose, but they are separate categories. There is one drug in each: Penalty Group 1-A is lysergic acid diethylamide (LSD) and Penalty Group 1-B is fentanyl and its derivations. Part of the reason that there are breakout groups is that these drugs are handled in terms of dose, while most other controlled substances work according to weight.

### Drug Crimes Related to Penalty Group 1

The first aspect of an offense involves the type and weight of the controlled substance, while the second factor is the type of unlawful conduct related to it. Texas designates three drug crimes related to the drugs in Penalty Group 1:

**Possession:** To obtain a conviction for possession of drugs, the government must prove that you intentionally/knowingly possessed (or in other words, had care, custody, control over the item) over a controlled substance.

**Trafficking:** If you knowingly deliver, sell, buy, or conduct a transaction for some item of value, you could be charged with drug trafficking.

**Manufacturing:** The prosecutor must have evidence showing that you produced, cultivated, processed, stored, or otherwise played a role in creating a controlled substance with the intent to deliver it to someone else.

When applied to controlled substances in Penalty Group 1, possession, trafficking, and manufacturing are charged based upon the following weights:

- It is a state jail felony when the amount is less than 1 gram.
- You face third-degree felony charges for between 1 and 4 grams of the drugs.
- For 4 to 200 grams of a Penalty Group 1 drug, you could be charged with a second-degree felony.
- You face a first-degree felony for possessing, trafficking, or manufacturing between 200 and 400 grams.
- Enhanced first-degree felony charges apply when the controlled substance weighs 400 grams or more.

### Penalties for Penalty Group 1 Convictions

If the prosecutor is successful in proving the elements of possession, trafficking, or manufacturing controlled substances, sentencing will be according to the felony level of the offense:

- If convicted of a state jail felony, you face 180 days to 2 years’ incarceration.
- A third-degree felony conviction is punishable by 2 to 10 years in prison.
- For a second-degree felony, the punishment range is 2 to 10 years’ imprisonment if convicted.
- If you face first-degree felony charges, a conviction could lead to life in prison or 5 to 99 years’ incarceration.

The lowest figure in the punishment range is the mandatory minimum. The judge is required to order this sentence but could opt for harsher penalties up to the maximum period of incarceration. Aggravated circumstances, the location of the offense, and other factors could lead the court to sentence the top prison term.

In addition, for all felony convictions, the court may issue a fine from $10,000 to $250,000.

### Timeline of a Texas Drug Crimes Case

When facing these serious, life-changing punishments for a conviction, you know that it is critical to leverage all defense possibilities. Depending on the circumstances of your arrest and the evidence, you may have multiple options. Your Texas drug crime lawyer will pursue all alternatives at the most opportune moments, so a synopsis of the chronology is helpful.

**Arraignment:** Whether you were arrested by police or indicted for drug offenses by a grand jury, your first appearance is the arraignment. Your attorney will be at your side to help with entering a plea, as well as working out the details of your pretrial release on bond.

**Pretrial Proceedings and Motions:** This phase of the criminal process is your chance to file motions related to evidence and your defenses. For instance, if you were subjected to unlawful search and seizure by police, you might file a motion to suppress all evidence stemming from the misconduct. If successful, the prosecutor may not have sufficient evidence to prove guilt beyond a reasonable doubt for possession, trafficking, or manufacturing Penalty Group 1 drugs.

In addition, the pretrial stages of a criminal case are a good opportunity to discuss potential plea bargains with the prosecution. You could benefit from having the charges reduced, the penalties lowered, or both. Some defendants may qualify for drug court if the county where your charges are has a drug court program, which focuses on treatment for substance abuse rather than incarceration.

**Trial:** There may be defenses available at trial, and drug crime cases often incorporate issues about entrapment by officials. Your Texas drug crime lawyer will advocate for you at trial by:

- Formulating solid opening and closing arguments
- Attacking the government’s evidence and aggressively cross-examining witnesses
- Presenting information on defenses
- Discrediting state’s witnesses, including lab technicians/experts and police officers
- Representing you at the sentencing hearing if you are convicted of violating Texas drug laws

## Frequently Asked Questions About Texas Controlled Substance Penalty Groups

### What are the Texas Controlled Substance Penalty Groups?

Texas divides controlled substances into seven penalty groups (1, 1-A, 1-B, 2, 2-A, 3, and 4) for the purpose of establishing criminal penalties. These groups categorize drugs based on their dangerousness and potential for addiction.

### What substances are included in Penalty Group 1?

Penalty Group 1 includes opiates like heroin, morphine, and codeine, as well as cocaine and its derivatives. These substances are considered the most dangerous and addictive.

### What are the penalties for possession of a controlled substance in Texas?

Penalties vary depending on the penalty group and the amount of the substance. Possession of small amounts of marijuana, for example, is a Class B misdemeanor, while possession of substances in Penalty Group 1 can result in a state jail felony or higher-level charges.

### How does Texas classify synthetic cannabinoids and other new psychoactive substances?

Synthetic cannabinoids and other new psychoactive substances are often classified under Penalty Group 2-A, which includes substances that are chemically similar to those in Penalty Group 1 but are not specifically listed.

### Can the penalties for drug offenses be enhanced under certain circumstances?

Yes, penalties can be enhanced if the offense occurs in a drug-free zone, such as near a school or playground, or if the individual has prior drug convictions.

### What defenses are available for drug charges in Texas?

Defenses can include arguing that the substance was not actually a controlled substance, that the individual did not knowingly possess the substance, or that the search and seizure were conducted unlawfully.

### Are there any diversion programs or alternatives to incarceration for drug offenses in Texas?

Yes, Texas offers drug courts and other diversion programs that focus on rehabilitation rather than punishment. These programs may be available for first-time offenders or individuals with substance use disorders.

### What impact do drug charges have on a person’s criminal record and future opportunities?

A drug charge can result in a criminal record, which can affect employment, housing, and educational opportunities. It’s important to seek legal advice to understand the potential long-term consequences.

## Discuss Defense Options with Our Galveston County Drug Crimes Attorney

As you can see, possession, manufacturing, and trafficking charges related to Penalty Group 1 of Texas controlled substance penalty groups involve serious charges and harsh punishment. Knowing that you could spend the rest of your life behind bars should motivate you to retain skilled legal representation.

For more information on potential defense strategies for controlled substance charges, please contact criminal defense attorney Mark Diaz at **409-515-6170**. Our firm serves individuals in greater Houston and throughout Galveston County, so we are happy to set up a [free consultation](/landing-form/). After assessing your situation, our [Galveston drug crime lawyer](/drug-possession/) can advise you on options for fighting the charges.

Mark Diaz & Associates is a[ Criminal Defense Law Firm in Galveston](/criminal-defense/), Texas representing clients throughout[ Galveston](https://www.galvestoncountytx.gov/), Chambers and Harris Counties including but not limited to Tiki Island, Jamaica Beach, Texas City,[ League City](https://www.leaguecitytx.gov/), Alvin, Algoa, Santa Fe,[ Hitchcock](https://www.cityofhitchcock.org/), La Marque,[ Bayou Vista](https://bayouvista.us/), Bacliff, San Leon,[ Dickinson](https://www.ci.dickinson.tx.us/), Kemah, Bolivar Peninsula,[ Clear Lake Shores](https://www.clearlakeshores-tx.gov/), and[ Friendswood](https://www.ci.friendswood.tx.us/).

(Updated 12/11/2024)

**Categories:** Drug Crime Lawyer

**Tags:** Controlled Substance

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### [How You Can Be Charged For Drugs Not In Your Physical Possession?](https://texascriminaljustice.com/how-you-can-be-charged-for-drugs-not-in-your-physical-possession/)

**Published:** January 10, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![constructive possession](https://texascriminaljustice.com/wp-content/uploads/2022/10/constructive-possession.jpg "constructive possession")If law enforcement conducts a legal search and finds drugs, you can be charged with possessing a controlled substance. But many people do not realize you still can be convicted of drug possession even if the drugs are not on you. This is known as ‘constructive possession’ of narcotics.

Learn about constructive possession of illegal drugs below. If you have been charged with drug possession, please contact our [Galveston drug possession lawyers](/drug-possession/) at Mark Diaz & Associates for assistance.

## What Is Constructive Possession?

Constructive possession of illegal drugs requires Texas law enforcement to prove the following:

1. You were aware that drugs were present in the place the police found them
2. You had care, custody, or control over the drugs

For example, the police knock on your apartment door where you live alone and you let them in and grant them consent to search. They search the apartment and find 1/3 ounce of marijuana on the kitchen table and let’s say, you were in the living room when this happened. There is a high probability you will be charged of drug possession. Even if you were not holding the weed in your hand, it was on the table in your apartment. Under the theory of constructive possession, a jury can assume the marijuana was yours.

What happens if you share an apartment with two others? For example, say the police find marijuana in a shoe box in your roommate’s closet. In this case, you have much more to argue when it comes to whether you were in constructive possession of marijuana. The police will have a difficult time showing the drugs were in your immediate and exclusive control.

The first element is usually the most difficult for the prosecutor to prove. A good criminal defense attorney will argue that you did not know the drugs existed. They may point to your actions, statements, and conduct to suggest you were unaware of the drugs. For example, your attorney may argue that someone who entered the apartment left the drugs and you had no idea. If the facts substantiate the notion, your attorney could argue that nothing in your behavior or actions indicated you knew the drugs were there.

Fortunately, even if the prosecutor satisfies the first condition, you only can be convicted if they prove you had care, custody, or control over the drugs. So, even if you were near the drugs, it is not enough to convict you of constructive possession. The prosecutor must show that you had care, custody, or control over the drugs.

## Defenses To Constructive Possession Charges

Showing the weaknesses in the prosecutor’s constructive possession case is the most effective way to beat the charge. This will depend on your attorney’s assessment of the facts of your case, such as:

- Whether the illegal drugs were in a common area, such as the family room
- Whether the drugs were in plain sight, such as on a coffee table
- Whether drug paraphernalia was present and in your possession at the time
- Who could access the place the drugs were located
- Whether you showed by action or words that you knew the drugs were there
- Whether anyone else could access where the drugs were

Depending on these details, your attorney may try one of these defenses:

- You did not know the drugs were there. For instance, you borrowed your friend’s vehicle if the drugs were under the car seat.
- The police did an illegal search. For example, the police searched your vehicle without probable cause and in violation of your constitutional rights.
- Lack of possession evidence, meaning there is insufficient evidence to show you had control over the drugs. For instance, if the police arrest everyone in the apartment when drugs are found in a bedroom. There is usually insufficient evidence to prove that everyone in a controlled area knew the drugs were there.

## What Are the Penalties For Marijuana Possession In Texas?

It is essential to have a skilled drug possession lawyer defend your rights in Texas. If you are convicted of drug possession, you face many severe penalties. The severity of the punishment depends on the type and amount of drugs that were in your control.

Despite many states legalizing marijuana possession, Texas continues to have harsh punishments for possessing the drug. The penalties depend on how much marijuana is in your possession.

[Section 481.120 of the Texas Health and Safety Code](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm) states that if you knowingly have control, management, care, or custody of marijuana, that is considered marijuana possession. Note that this definition takes into account constructive possession of illegal substances.

- Possession under two ounces of marijuana: Class B misdemeanor. Punishment can be up to six months in county jail and a possible fine up to $2,000. Alternatively, you also may receive up to two years of probation. Possessing two to four ounces may result in a one-year jail sentence and up to a $4,000 fine.
- Possession of more than four ounces: This is a felony. Possession of up to five pounds of marijuana may result in six months to two years in jail. Fine can be up to $10,000. Possessing five to 50 pounds may result in two to 10 years in prison and a $10,000 fine.
- Possession of 50 to 2,000 pounds: Prison sentence may be two to 20 years and a $10,000 fine. For more than 2,000 pounds of marijuana, the punishment range is five to 99 years and a $50,000 fine.

If you are convicted of selling seven grams or less of marijuana, the punishment can be 180 days in jail and a $2,000 fine. Selling seven grams to five pounds is a felony in Texas, and the term is no less than 180 days in jail and up to 2 years in jail and a $10,000 fine. In addition, selling any quantity of marijuana to someone under 18 is a felony punishable by two to 20 years in prison and a $20,000 fine.

## What About Medical Marijuana?

There is no exception in Texas for [possessing marijuana for medicinal purposes](). However, the state does have exceptions that allow patients with specific diseases to purchase cannabis oil. This contains the same active ingredients as marijuana, but the concentration is lower.

These products can only be bought with a doctor’s prescription and through a state-authorized dispensary. You are not allowed to grow your own marijuana to use for medical purposes. You also may not buy cannabis products from a dealer not licensed by the state.

## Dropping Marijuana Possession Charges

Marijuana possession charges can be dropped in certain circumstances in Texas in some jurisdictions. Different parts of the state have varying priorities in charging these crimes. In some cases, the charges can be dropped and the accused will not have a drug conviction on their record.

This may occur in a part of the state where a diversion program is offered for people arrested for carrying small amounts of illegal drugs. In Houston, for example, the prosecutor will often just give a citation for small amounts of marijuana.

Diversion programs in certain counties allow for a dismissal of charges if you successfully complete a pretrial diversion program. Diversionary programs usually require that you complete certain tasks indicating a form of rehabilitation, pay fines and court fees, and complete additional requirements. If you do these things, the charges may be dropped.

## Court-Ordered Rehab

Some people arrested for drug possession in Texas do not go to jail. Instead, many jurisdictions offer court-ordered drug rehabilitation. This is alternative sentencing for those convicted for holding small amounts of marijuana and other illegal drugs. Those charged with constructive possession of marijuana often qualify.

When the following factors apply to your case, the judge may order you to rehab instead of jail:

- A prison sentence seems harsh for the nature of the drug possession crime
- This is your first offense
- You did not commit any violence
- Your crime was a result of drug addiction

The details of court-ordered rehab vary based on your drug and criminal history. For example, you could be ordered to go to residential recovery, group counseling, outpatient rehabilitation, or another option.

Some people convicted of drug possession may feel going to drug counseling is unnecessary. But if you have a drug problem, attending rehabilitation could be just what you need. You may receive mental and behavioral health treatment that helps you overcome your drug addiction. This can lead to positive life changes and sobriety. In addition, going to rehab can keep you crime-free for the rest of your life.

## Frequently Asked Questions About Constructive Possession In Texas

### What is Constructive Possession?

Constructive possession occurs when law enforcement finds drugs in an area accessible to the defendant, but not directly on their person. The prosecution must prove that the defendant knew the drugs were present, knew they were illegal, and had control over them.

### How is Constructive Possession Different from Actual Possession?

- **Actual Possession**: Drugs are found on the person, such as in their pocket or hand.
- **Constructive Possession**: Drugs are found in an area the person has control over, such as in their car or home, but not directly on them.

### What Must the Prosecution Prove for Constructive Possession?

The prosecution must prove beyond a reasonable doubt that the defendant:

1. Knew the drugs were present.
2. Knew the drugs were illegal.
3. Had control over the drugs.

### What Defenses Can Be Used Against Constructive Possession Charges?

Common defenses include:

- **Lack of Knowledge**: The defendant did not know the drugs were present.
- **Lack of Control**: The defendant did not have control over the area where the drugs were found.
- **Illegal Search**: Law enforcement conducted an illegal search without a warrant or probable cause.

### Can Someone Be Charged with Constructive Possession if They Were Just Visiting?

Yes, but the prosecution must prove that the defendant had control over the area where the drugs were found and knew about their presence.

### What Should I Do If I’m Facing Constructive Possession Charges?

It’s crucial to consult with an experienced criminal defense attorney who can help you understand your rights, build a defense strategy, and navigate the legal process.

## Talk To Our Galveston Drug Possession Lawyer Now

When you are charged with constructive possession of illegal drugs, many things may flash through your mind. What happens if you are convicted? Will you be able to keep your job? Will you go to jail?

Fortunately, a skilled criminal defense attorney can help you. Mark Diaz is an experienced drug possession attorney with more than 20 years of experience fighting for Texans’ rights.

Mark Diaz & Associates represent people charged with drug possession in Galveston, Tiki Island, Jamaica Beach, League City, Texas City, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, Bacliff, Kemah, Clear Lake Shores, Bolivar Peninsula, Dickinson, and San Leon. Contact one of our [Galveston County drug possession lawyers](/drug-possession/) now at (409) 515-6170.

(Updated 1/10/2025)

**Categories:** Drug Possession Lawyer

**Tags:** Drug Possession

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### [Does Assault On A Family Member Increase Charges In Texas?](https://texascriminaljustice.com/does-assault-on-a-family-member-increase-charges-in-texas/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/01/Diaz-1-Does-Assault-On-A-Family-Member-Increase-Charges-In-Texas_January-2023-1.jpg "assault")Domestic violence in Texas is a serious matter. If you are convicted of family violence, you face severe penalties. Anyone charged with assaulting a family member should understand the charge they face and other critical information. Learn more below, then reach out to a[ League City domestic violence defense attorney](/domestic-violence/) at Mark Diaz & Associates for legal assistance.

## Assault Against A Family Member – First Offense

Receiving the first conviction for[ assault against a family member](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm) is a class A misdemeanor. After the first conviction, you can be charged with a felony for a subsequent offense. However, when there is a complex domestic dispute, the police in League city may make a hasty arrest without all the facts.

Being charged can make your life hell even if you are acquitted of violence against a family member. In addition, the mere allegation of family violence against you can damage your reputation and career. That is why retaining a League City domestic violence defense attorney early on can be the wisest money you have ever spent.

## Assault Against A Family Member In Texas

Did you know that almost[ 1/3 of everyone in Texas has been abused by a domestic partner](http://www.txcourts.gov/dvrp/domestic-violence-in-texas/)? The crime of domestic violence against a partner in Texas involves the following:

- An act of domestic violence that is done against anyone who lives in your home that is related to you by blood or romantic involvement. This does not involve acts of self-defense that you need to protect yourself. However, it does include threats that put someone in your family in fear of being attacked.
- Any act of abuse toward a child or member of the household.
- Any act that involves dating violence. This can include threats that would cause a person to fear they are being threatened by imminent harm.

Remember that Texas law is neutral on who is assaulted. This means that criminal charges can be filed against both men and women. It is not unusual for women to be charged with assault on a family member in Texas. National statistics show that one out of nine men in the United States has been abused in a domestic relationship.

Further, it is common for the wrong person to be accused or arrested in these situations. In the chaos of a domestic disturbance, what happened may not be immediately clear. If you think you are wrongly accused or arrested, please speak to a domestic violence defense attorney.

## Continuous Violence Against The Family

The prosecutor also can charge certain offenders with continuous violence against the family. This is a case where facts show involvement with at least two family assaults in the last year. This enhanced state charge can apply even if an earlier crime did not lead to an arrest or conviction. This also can be charged when the assaults were against another person.

So, the prosecutor can use family member testimony who claims you committed violence against them in the last year. If that happens, you may face a first-degree felony. The law states in continuous violence cases that jurors do not need to agree on the earlier charges unanimously. The prosecutor only needs a majority to decide that you had at least one domestic violence act in the past.

## Penalties for Assault On A Family Member

In Texas, there are penalties for domestic assault as misdemeanors and felonies. Domestic assault that involves a threat of harm or offensive contact is a class C misdemeanor that a $500 fine can punish. If the person has a bodily injury, it is a class A misdemeanor that can be punished by a $4,000 fine and a year in jail.

If the act is a felony, this means it involves injury. For example, a third-degree felony may result in a 2 to 10-year prison sentence and a $10,000 fine. However, aggravated domestic assault involves serious bodily injury. Therefore, it is a first-degree felony that is punishable by five to 99 years in prison and a fine of $10,000.

You must take the matter seriously if you have a family violence protective order against you. Failure to follow the order can cause severe consequences. You could be charged with contempt of court. This can lead to a $500 fine or up to six months in jail. Several protective order violations can get you a felony charge in addition to the other criminal charges against you.

## Other Consequences For Domestic Assault On A Family Member

You can receive other conditions and restrictions in a family violence case. First, know that the police can arrest you if they have probable cause that you committed family violence. They do not need a warrant to take you into custody.

Law enforcement must stay at the scene as long as they need to keep the peace and verify the assault. However, Texas does not have a mandatory arrest policy for domestic violence.

### Bail and Bond Conditions

Bond conditions in Texas for a family violence case may include ordering the person to stay away from the victim. They also may have to have GPS monitoring and not be allowed to own firearms. In addition, after you are arrested for assault on a family member involving severe bodily injury, the judge can order emergency protection.

Before you can be released as a suspect, the police must make a reasonable effort to tell the alleged victim. Then, the police officer can hold you for up to four more hours if they believe the release could lead to violence. The judge also can order you to be detained for two more days if you have a family violence history.

### Employment

The domestic violence charge and case can make it challenging to keep your job and find another one. Employers regularly scour public records to look for criminal charges and convictions. A family violence crime on your permanent record is a red flag. This charge can cut you off from excellent opportunities.

### Professional Licensing And Education

You can lose out on attractive educational and licensing opportunities. In addition, many professional licenses can be canceled or suspended with the crime, including a commercial driver’s license and real estate license.

If you need to be licensed or certified for employment, you could have many challenges to staying in your profession after the case is over.

### Loans And Small Businesses

If you have a criminal conviction on your record, it is accessible by the public. Banks and other financial organizations will check your record if you want a business or personal loan. If you own a business, your reputation will suffer when the charge becomes public. An assault on a family member charge can be particularly damaging in the court of public opinion.

### Firearms Restrictions

You could forfeit your right to own firearms if you are convicted in Texas of family violence. This is usually a ban for life. However, you may be able to possess a gun again if you get a pardon or the charge is expunged.

## How To Beat A Texas Domestic Assault Charge

If you are on this page, you may wonder how to beat a Texas domestic violence or assault charge. It is challenging, but your criminal defense attorney will try.

First, your attorney may try to prove the assault allegation is false. If there is a divorce or child custody issue, the attorney can look for signs they are making a false accusation to hurt you.

Second, they can try to prove you were not the aggressive party, and they attacked you. Again, this can be challenging to prove, but a League City domestic violence attorney may be able to help.

Third, they can try to show you acted in self-defense. For instance, if you punched the other person when they tried to push you down, this could be an act of self-defense.

Also, when the police respond to a domestic violence call, they must defuse the situation as quickly as possible. They must do anything to protect everyone at the scene from harm. The police may take your spouse’s word over yours about the alleged incident.

The police report might say who they believed was at fault. However, a strong criminal defense attorney will do their own investigation and learn what happened. Then, your experienced Texas family violence defense lawyer will go through the statements and claims to get the best picture and make the best defense.

## Domestic Assault Charges In Texas Cannot Be Removed

Additionally, domestic assault charges can be dropped by the League City prosecutor. But if the charges are not dropped, the record cannot be sealed or removed. The assault charge will stay on your record for life.

This means that a domestic assault charge against you when you were as young as 21 could forever stick on your record. This can follow you in college, the military, work, and more. These severe consequences require you to fight them with an excellent domestic assault attorney.

## Frequently Asked Questions About Assault On A Family Member In Texas

### What Constitutes Assault on a Family Member?

In Texas, assault on a family member involves intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another person with imminent bodily injury, or engaging in physical contact that the person knows or should reasonably believe would be considered offensive.

### Who is Considered a Family Member?

The Texas Family Code defines a family member broadly, including:

- Spouses or former spouses
- Parents and children (biological, adopted, or foster)
- Siblings
- Any other relatives by blood or marriage
- Individuals with whom the defendant shares a child
- Individuals currently or previously in a dating relationship
- People living together in the same household, regardless of their relationship

### What are the Penalties for Assault on a Family Member?

Penalties can vary depending on the severity of the assault and prior convictions. A first-time offense without serious bodily injury is typically charged as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. However, if there are aggravating factors, such as prior convictions or the use of a deadly weapon, the charge can be elevated to a felony.

### Can Assault Charges Be Dismissed?

Yes, charges can be dismissed if there is insufficient evidence to prove guilt beyond a reasonable doubt. Other circumstances, such as lack of intent or successful self-defense claims, can also lead to dismissal.

### What Should I Do If I Am Accused of Assault on a Family Member?

If you are accused, it’s crucial to consult with an experienced criminal defense attorney who can provide guidance and help you navigate the legal process. They can help you understand your rights and build a defense strategy.

## Talk To A League City Domestic Assault Attorney

If you have been accused of domestic assault, you could face severe consequences. Our domestic violence attorneys can help. We serve the communities of Texas City, Tiki Island, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, San Leon, Dickinson, Kemah, Clear Lake Shores, and Friendswood.[ Contact us today](/domestic-violence/) at 409-515-6170 for legal assistance.

(Updated 1/8/2025)

**Categories:** Assault

**Tags:** Assault

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### [What Changes Drug Charge From Drug Possession To Trafficking?](https://texascriminaljustice.com/what-changes-drug-charge-from-drug-possession-to-trafficking/)

**Published:** January 9, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2023/01/Diaz-4-What-Changes-Drug-Charge-From-Possession-To-Trafficking_January-2023.jpg "drug possession")Whether you are arrested for drug possession or drug trafficking, it is a stressful and frightening experience. However, drug trafficking charges carry much more severe penalties, so it is essential to know the differences between these drug charges. Learn about drug possession vs drug trafficking below and talk to a [drug possession defense attorney in La Marque](/drug-trafficking/) at Mark Diaz & Associates for assistance.

## What Was Your Intent With The Drugs?

So, you were charged with a drug crime in La Marque near Jack Brooks Park or Mac McGaffey Highland Bayou Park. How do you know if you will be charged with drug possession or drug trafficking? The significant factor that differentiates between drug possession and drug trafficking charge is your intent. Drug trafficking means you intend to sell or distribute illegal drugs possibly across state or national borders. Drug trafficking is more serious than drug possession because you want to sell the drugs to others.

Drug possession usually only means carrying enough drugs for your personal use. While drug possession is also criminal, it is considered less severe than trafficking. Drug possession charges also may mean the police caught you using drugs when you were arrested.

If the prosecuting attorney can show that you had a large amount of drugs on you or in your possession, you could be charged with drug trafficking. The charge type also depends on whether they find you with drug-related materials for selling, such as baggies and scales.

Your La Marque drug possession defense attorney will try to get a drug trafficking charge reduced to drug possession. This charge reduction can make a massive difference in the penalties you receive.

## What Are Penalties For Drug Trafficking In Texas?

The [Texas Controlled Substance Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm) lays out various penalties for possessing and selling multiple controlled substances. For example, Penalty Group 1 includes cocaine and opiates. Penalty Group 4 includes many types of compounds that have narcotics as ingredients.

Lesser drug trafficking offenses can result in a two-year state jail sentence and a $10,000 fine. However, more severe charges can lead to a life sentence and thousands of dollars in fines.

## What Factors Enhance Drug Trafficking Charges?

If the police suspect you intend to sell and distribute illegal drugs, including heroin, methamphetamine, and cocaine, you may be charged with drug trafficking. The following factors can lead to even more severe, enhanced drug trafficking penalties if you are convicted:

### Selling Narcotics Near Schools

Texas takes drug crimes that involve children seriously. If you are charged with [drug trafficking and distributing near a school](https://www.sentencingproject.org/app/uploads/2022/08/Drug-Free-Zone-Laws.pdf), you may face an aggravated drug trafficking charge. In addition, you may receive up to five years in state prison and thousands in fines.

Also, if you are caught with enough drugs and are near a minor or school, you could be charged with a second-degree felony that is subject to a mandatory prison sentence. Even more significant amounts of drugs near a school can result in a first-degree felony conviction.

### Selling Drugs When Guns Are Involved

Texas is now a constitutional carry state, meaning you do not need a concealed-carry permit to carry a firearm. You also can carry a handgun openly. However, if you are arrested for drug trafficking and have a gun on you, the drug trafficking charge can be enhanced. Plus, a federal drug trafficking charge can be enhanced if you carry a firearm.

Other reasons that a drug trafficking charge can be enhanced in Texas are:

- How much drugs were in your possession
- If you had a lot of cash on you at the time
- If you carried packaging materials and scales
- If you have previous drug convictions

Depending on these factors in a Texas drug trafficking charge, you could face many punishments. For example, if you are found guilty of drug trafficking less than a gram of many illegal drugs, you can receive between six months and two years in jail and up to a $10,000 fine.

But if you are convicted for trafficking up to 400 grams of illegal drugs, you can receive between five and 99 years in prison and a $10,000 fine. Also, trafficking between 28 and 200 grams of many illicit drugs can lead to a two to 20 years prison sentence and a $10,000 fine.

## When To Hire A Drug Possession Defense Attorney

It is almost always wise to hire a drug possession defense attorney for the best-case result. The attorney can fight to have the charges dismissed. He also may prevent the charge from being enhanced to drug trafficking. As someone facing a drug charge, you have the right under state and federal law to fight the charge.

Your attorney will investigate any state and federal drug charges against you and determine if it was a legal arrest. Then, based on the evidence, they may argue why you should face reduced charges.

For instance, if you did not know you had the drugs in your possession, you could get the case dismissed. Also, if you were charged with drug trafficking or possession of a substance that was not illegal, you could get off.

Further, your lawyer might argue that you were being forced to traffic drugs because your family was threatened. However, state law says you cannot be charged if you are being forced under duress to traffic drugs.

If you are facing a federal drug charge, hiring a drug crime defense attorney is imperative. Cases that involve a large quantity of drugs or taking drugs across state lines may interest the FBI and DEA. Any charges that federal authorities file will probably be handled in federal court.

Federal drug charges always carry harsher penalties than state charges. For example, you can expect a mandatory minimum sentence of five years in prison for a first drug trafficking conviction.

## Possible Sentencing Options For Texas Drug Charges

If you are charged with possessing, distributing, or trafficking illegal drugs in Texas, many bad things can happen. Some of the penalties can put you in jail for many years. With a robust defense and the right circumstances, your lawyer may argue for alternative penalties to keep you out of prison. However, this depends on the severity of the charge, your previous convictions, and more:

### Probation

The Texas courts can sentence you to probation for months or years and require drug testing, community service, and more. If you violate probation, you will probably be sent to jail.

### Drug Court

If the judge sentences you to drug court, you must go to drug abuse counseling through the justice system. This usually means meeting often with a probation officer, drug court administrator, and judge and having regular drug tests. If you do not complete drug court, you will go to prison.

### Deferred Adjudication

You are put on probation. If you complete probation successfully, the judge will dismiss the charges.

### Court Ordered Treatment

You may be sent to in-patient treatment rather than jail.

### Work Release

If the judge sentences you to jail time, you may be able to continue to go to work. However, you will need to go back to jail after every workday.

### Community Service

You can be ordered to serve the community instead of going to jail. This service can range from a few weeks to several months.

## Common Drug Charges Mistakes

If you are charged with drug possession or drug trafficking, you must contact an attorney immediately. Also, you can make your case more difficult if you do any of the following:

### Speaking To The Police

You should never talk to the police about a drug possession or trafficking charge without a lawyer present. It is impossible to speak to the police about charging you once they have done so. You will only make the problem worse and complicate your drug charge defense. Remember, when the police say ‘anything you say can be held against you,’ they mean it.

### Not Doing Anything After Being Questioned

If the police question you about a drug case and do not charge you at first, it is understandable to think it is ok to wait. This is because they may not charge you for the crime. However, you should talk to an attorney as soon as the police question you. The best time to get the authorities to drop a charge is at the start of the case.

### Talking To A Witness

Some people charged with a drug crime may try to talk to the complaining witness. This will not help. First, it may anger the person, and they will call the state attorney. Also, you could be accused of witness tampering. If your attorney talks to witnesses himself, he may be able to gather information for your defense.

### Telling People About Your Case

If you are charged with drug possession or trafficking, you should not speak to friends or family about it. When you tell someone close to you about the case, they become a witness. They could be called to court to testify, and what you said and what they remember could be very different.

## Frequently Asked Questions About Drug Trafficking Charges In Texas

### What is Drug Trafficking in Texas?

Drug trafficking involves the transport, distribution, or possession with intent to deliver controlled substances such as heroin, methamphetamine, or cocaine. It also includes the sale of prescription drugs like oxycodone.

### What are the Penalties for Drug Trafficking?

Penalties for drug trafficking can be severe and depend on the type and amount of the drug involved. Trafficking large quantities of drugs can result in long-term imprisonment and hefty fines.

### What is the Difference Between Drug Trafficking and Drug Possession?

Drug possession refers to having illegal substances for personal use, while drug trafficking involves the intent to distribute or sell those substances. Possession charges are generally less severe than trafficking charges.

### What is Drug Possession with Intent to Distribute?

This charge means that the state must prove beyond a reasonable doubt that you had drugs in your possession with the intention of distributing them to others.

### Can Drug Trafficking Charges be Dismissed?

Yes, charges can be dismissed if there is insufficient evidence to prove guilt beyond a reasonable doubt. Other circumstances, such as lack of intent or successful defense claims, can also lead to dismissal.

## Talk To A Drug Possession Defense Attorney in La Marque

You face life-changing consequences if you are charged with drug possession in La Marque. Therefore, it is imperative to contact a drug possession defense attorney in La Marque as soon as possible. Mark Diaz & Associates attorneys will fight hard to beat your drug possession charges.

We represent clients in Galveston, League City, Texas City, Tiki Island, Alvin, Algoa, Santa Fe, Hitchcock, La Marque, Bayou Vista, San Leon, Dickinson, Kemah, Clear Lake Shores, and Friendswood. [Contact us today](/domestic-violence/) at (409) 515-6170 for legal help.

(Updated 1/9/2025)

**Categories:** Drug Possession Defense Attorney

**Tags:** Drug Possession, Drug Trafficking

---

### [What Are the Different Levels Of Assault Charges In Texas?](https://texascriminaljustice.com/what-are-the-different-levels-of-assault-charges-in-texas/)

**Published:** October 28, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/02/Diaz-2-What-Are-The-Different-Levels-Of-Assault-Charges-In-Texas_February-2023.jpg "assault")Assault is a severe crime in Texas. You could receive jail time and a fine if you are convicted. This article explains the various levels of assault in Texas. If you have questions about an assault charge, an [assault lawyer in Galveston](/assault-and-battery/) at Mark Diaz & Associates can help.

## What Is Assault in Texas?

What determines the type of assault you are charged with depends on who you assaulted, the context, and whether you used a weapon. Below are forms of misdemeanor assault in Texas. Felony, or aggravated assault, is covered later in this article:

- You intentionally, knowingly, or recklessly caused someone physical harm or injury
- You deliberately threatened someone with imminent physical harm
- You used physical contact with someone in a purposefully offensive or provocative manner

Now, it may seem relatively minor to be charged with any of these forms of assault as identified above. However, Galveston prosecutors are well known for zealously prosecuting assault offenses, even when the alleged victim of the crime has no interest in seeing the case through and instead, wants the case to be dismissed.

The severity of the penalties for an assault conviction depends on the case. That is why it is essential to retain a criminal assault lawyer in Galveston as soon as possible. The only way to argue against an overly harsh charge is with your attorney at your side. Once you have an experienced attorney, prosecutors will very likely treat you and your case much differently.

### Class C Misdemeanor Assault

If the alleged assault did not cause physical injury or harm, it is charged as a Class C misdemeanor. The maximum penalty for this misdemeanor is a $500 fine. While this sounds minor, you still want to fight this charge aggressively with a criminal defense attorney because the consequences of having an assault conviction, regardless of the degree, are huge.

### Class A Misdemeanor Assault

If the assault causes physical harm, it is charged as a Class A misdemeanor. This is the most common form of assault seen in the criminal justice system. The maximum penalty for a conviction is up to one year in jail and a possible fine not to exceed $4,000.

### Third-Degree Felony

If you cut off the normal breathing patterns of a member of your family as defined by law (i.e. if you strangle your girlfriend/boyfriend) to the point they cannot breathe, then you could be facing a Third-Degree Felony assault charge. Additionally, if you assault a member of your family, including your spouse or significant other, and if you have had an assault family violence conviction in the past, you could face a third-degree felony assault charge. The penalty range for a third-degree assault conviction is no less than 2 years in prison and up to 10 years in prison; also, a possible fine not to exceed $10,000.

Assaulting the below-referenced classes of persons will also land you with a felony assault charge:

- Public servants
- Government employees
- Security officers who were in the line of duty
- Emergency service personnel

### Second-Degree Felony Assault

Any aggravated assault charge in Texas is a second-degree felony. Thus, if you issue a threat to someone when armed with a deadly weapon, you could be facing a second-degree felony charge. If convicted, you face two to 20 years in prison and a possible fine of up to $10,000.

### First-Degree Felony Assault

This is the most severe felony assault charge. It also is the second-highest potential charge other than a capital offense. Aggravated assault in Texas is a first-degree felony when it is done against a family member, dating partner, or resident of the household and serious bodily injury is caused. If a serious bodily injury is inflicted against any of the named classes of persons below, then the charge could turn into a first-degree felony:

- Committed against a uniformed or on-duty public servant
- Committed against a public servant in the line of duty
- Committed against a public servant to retaliate against them
- Committed against a possible or actual crime witness
- Committed against the reporter of a crime or an informant
- Committed against a security officer in the line of duty

If you are convicted of a first-degree felony for assault, you face up to life in prison but no less than 5 years in prison; also a possible fine not to exceed $10,000. This incredibly harsh punishment range should convince you why it is so important to retain a criminal defense attorney to fight for you as soon as possible.

### Sexual Assault Charges In Texas

[Sexual assault](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm) is what the judicial system in Texas uses to refer to what most of the rest of the world knows as rape. The crime that is called rape in other states is called sexual assault in Texas. Therefore, if you are arrested for sexual assault in Texas, you still might hear law enforcement call the charge ‘rape.’ However, sexual assault is the correct legal term.

Sexual assault is a [second-degree felony](). If you are convicted of this assault charge, you face between two and 20 years in prison. You also can get a fine of $10,000. Note that if you are convicted for sexual assault in Texas, you often must register as a sex offender after you get out of prison for either 10 years or most often, life.

Further aggravated sexual assault is a first-degree felony in Texas. If you are convicted, you can receive between five and 99 years in prison and receive a $10,000 fine. You will likely have to register as a sex offender when you’re released from prison.

While sexual assault charges should always be taken seriously, it is not uncommon for people to become wrongly accused of this very serious crime. What people are almost always surprised to learn is this – in a large portion of these charged cases, it simply takes the word of one person saying you did something for you to be charged. That’s all it takes. If you have been charged with this crime, talk to a Galveston criminal defense lawyer today.

## Frequently Asked Questions About Assault Charges In Texas

### What is Assault in Texas?

In Texas, assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or making offensive or provocative physical contact with someone when you know or should know they would find it offensive.

### What Are the Penalties for Assault in Texas?

The penalties vary depending on the severity of the assault:

- **Class C Misdemeanor**: Up to a $500 fine.
- **Class A Misdemeanor**: Up to $4,000 in fines and/or up to one year in jail.
- **Felony Assault**: Penalties can range from 5 years to life in prison, depending on the degree of the assault and the circumstances.

### Can I Be Charged with Assault Even If I Didn’t Physically Harm Anyone?

Yes, you can be charged with assault if you threaten someone with imminent bodily injury or make offensive physical contact.

### What is the Difference Between Assault and Aggravated Assault?

Aggravated assault involves more severe circumstances, such as causing serious bodily injury, using a deadly weapon, or committing the assault against certain protected individuals (e.g., law enforcement officers, and family members).

### How Can I Defend Against Assault Charges?

Common defenses include self-defense, defense of others, lack of intent, and insufficient evidence. Consulting with an experienced criminal defense attorney is crucial to building a strong defense.

### What Should I Do If I’m Charged with Assault?

Seek legal representation immediately, exercise your right to remain silent, and avoid making any statements that could be used against you in court.

### Can Assault Charges Be Dropped?

Yes, assault charges can be dropped if there is insufficient evidence, procedural errors, or if the prosecution decides not to pursue the case

## Contact Our Criminal Assault & Battery Lawyer In Galveston

If you were charged with assault in Galveston, you need an outstanding criminal defense immediately. The criminal assault lawyers in Galveston can help. Please[ contact Mark Diaz & Associates](/landing-form/) today at (409) 515-6170.

(Updated 10/28/2024)

**Categories:** Assault Lawyer

**Tags:** Assault

---

### [How Texas Classifies Domestic Violence And Family Violence](https://texascriminaljustice.com/how-texas-classifies-domestic-violence-and-family-violence/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2023/02/Diaz-3-How-Texas-Classifies-Domestic-Violence-And-Family-Violence_February-2023.jpg "domestic violence")Domestic violence and family violence deal with illegal physical abuse. However, there are several ways this abuse occurs under Texas law. If you have been charged with domestic violence, it is essential to understand how the state prosecutes this serious crime. If you have not hired an attorney, the [Chambers County domestic violence lawyers](/domestic-violence/) at Mark Diaz & Associates can help you.

## Domestic Violence Overview In Texas

Domestic violence affects all demographics in Texas. [Government data shows domestic violence occurs in all races and family types at all income levels](https://www.dps.texas.gov/sites/default/files/documents/crimereports/08/citch5.pdf). The perpetrators and victims of domestic violence are often younger, but people in every age group are affected.

Many believe that most domestic violence cases involve spouses. Not true. Many of these cases include spouses, but that is only about 45% of the alleged incidents. So, non-marital domestic violence comprises the majority of the cases. It is estimated that 15% of domestic violence cases involve parents and children. The rest occur between roommates, in-laws, and other family members.

Most domestic violence perpetrators are between 20 and 20, and the next most-likely age group is between 25 and 29. However, there are sometimes offenders that are age 70 or older. Most domestic violence victims are also between 20 and 24.

## Family Violence And Domestic Violence Charges In Texas

There are three kinds of family violence and domestic violence crimes in Texas. They are domestic assault, aggravated domestic assault, and continuous violence against the family. Here are the details:

### Domestic Assault

[An assault crime is considered domestic assault](https://www.womenslaw.org/laws/tx/restraining-orders/family-violence-protective-orders/basic-info/what-legal-definition-family) if it is done against people from certain types of relationships in Texas. They are:

- A former or current dating partner
- A former or current spouse
- A member of your household
- Foster child or foster parent
- Blood relative or related by adoption or marriage

Texas law states that domestic assault consists of these acts:

- Intentionally, knowingly, or recklessly causing bodily injury to someone
- Intentionally or knowingly threatening someone with serious bodily harm or causing physical contact with someone that you knew is offensive or provocative

### Aggravated Domestic Assault

Aggravated domestic assault involves causing severe bodily injury, or a deadly weapon is used while committing an assault or threat. Serious bodily injury includes significant head trauma, limb loss, fractures, or another injury that needs hospitalization or surgery. A deadly weapon under the law means an object that can cause serious bodily harm or death.

### Continuous Violence Against The Family

You can be charged with this crime if you have committed two domestic assaults in the past 12 months. The act does not need to have led to arrest or conviction. The crimes also do not have to be committed against the same person. This offense is a third-degree felony and you could face two to 20 years in prison and a fine of up to $10,000.

## What Are The Penalties For Domestic Violence In Texas?

If you are a first-time domestic violence offender, it is a [class A misdemeanor](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm). This is punishable by up to one year in jail and a fine of up to $4,000. If you are a repeat offender, the charge is upgraded to a third-degree felony. You can receive a prison sentence between two and 10 years and a fine of up to $10,000.

If you are convicted of aggravated assault against a family member, it is a second-degree felony in Texas. You can get between two and 20 years in prison and a fine of up to $10,000. If the act of aggravated assault involved using a deadly weapon and you caused serious bodily harm, it is a first-degree felony. You can get between five and 99 years in prison and a fine of up to $10,000.

## Can The Victim Recant A Domestic Violence Charge?

Yes. However, after a Chambers County police report is filed, the charge is not in the hands of the person who made the charge. Only the county prosecutor can dismiss a domestic violence charge. The law requires the prosecutor to consider dismissing the charge in this situation, but it is not guaranteed.

The prosecutor will often proceed with the criminal case even if the domestic violence was just a misunderstanding. The alleged victim can be subpoenaed by the prosecutor and forced to testify.

Fortunately, an experienced domestic violence criminal defense attorney can make a massive difference if the alleged victim withdraws the charge. Your attorney’s investigation of the incident could reveal that the police report took certain statements out of context. Also, the police might have jumped to conclusions or did not perform a thorough investigation.

## How Can A Texas Domestic Violence Conviction Affect You?

Being accused of domestic violence by itself is a huge problem; the social stigma of the charge can be devastating. But if you are convicted, you face many severe penalties:

- **Jail and fines:** Just a misdemeanor conviction can net you a year in prison and a $4,000 fine.
- **Child custody consequences:** Many do not realize that a domestic violence conviction can affect your parental rights. This is the case if you are in a custody dispute with your ex. When you have a domestic violence conviction, you could even lose custody of your children, and visitation rights will be more complicated.
- **Owning firearms:** A conviction for domestic violence means losing the right to own a gun. Of course, this is always true for a felony, but even a misdemeanor conviction affects gun rights.
- **Employment problems:** Your conviction will be in the public record. You can lose your job, which will also affect your future prospects. After all, almost every employer performs a criminal background check as part of the hiring process.
- **Loss of housing:** Many landlords use background checks before renting a house or apartment. You can have many problems getting the housing you want.

## How Do You Defend Against A Texas Domestic Violence Charge?

Domestic violence charges are devastating, and a conviction is even worse. But a domestic violence charge is not the end of your life. Several robust defenses in your attorney’s arsenal may be appropriate:

### The Act Was Unintentional

The law requires that the violence was intentional, reckless, and committed knowingly against your victim. If it was accidental, it is, by definition, not domestic violence. So, if the injuries were because of an accident, you could be found not guilty of domestic violence.

### The Alleged Victim Is Not Telling The Truth

All charges of domestic violence must be taken seriously. However, it is common for ex-partners and spouses to try to turn an accident into a criminal act. This may be done to gain an advantage in a divorce or child custody fight. Texas law does offer the accused some safeguards when it comes to this kind of domestic violence situation.

### It Was Self-Defense

It is not unusual for the person charged in a domestic violence case to have been defending themselves. For example, suppose your wife assaults you for no reason. While attempting to push her away, she injures her head when falling to the floor. She could claim that you abused her. Even if you acted in self-defense, the police would likely believe the person with injuries.

In this situation, your criminal defense attorney may argue that the ‘assault’ was just you trying to protect yourself. You can aid in your defense in this situation if you have written records of your partner threatening you. For example, check your social media feeds and text messages for your ex’s aggressive messages. This evidence can be used to show who may have been the aggressor.

### Revenge

Again, all domestic violence charges should always be investigated. However, some people will make up stories about ‘assault’ to take revenge on an ex-spouse or partner. This is wrong because it makes many people doubt real domestic violence victims.

If the assault allegations against you are false, your attorney will try to argue it in court. It helps if there are no physical injuries to the alleged victim. Without evidence, there should be reasonable doubt for the judge or jury.

Also, your attorney knows that alleged victims who make up stories of abuse often have weak stories. For example, if a man alleges his wife assaulted him, he could have trouble keeping the story straight. When people are not telling the truth, they often tell different stories to different people and investigators. For example, if your husband is making up that you tried to attack him, he might tell one person it was in the bedroom and tell the next that it was in the kitchen.

### Police Misconduct

Domestic violence is emotional, and the police may let personal biases interfere with their work. For example, the responding officer could automatically assume one person was the aggressor when it was the other.

## Domestic Violence In Texas Frequently Asked Questions

### What is Domestic Violence?

Domestic violence involves any act of violence or abuse by one person against another in a domestic setting, such as in a marriage or cohabitation. It can include physical, emotional, sexual, or psychological abuse.

### What Should I Do If I Am a Victim of Domestic Violence?

If you are a victim, it’s important to seek help immediately. You can contact local law enforcement, a domestic violence hotline, or a shelter. The Texas Department of Family and Protective Services (DFPS) provides resources and support for victims.

### What Happens When Domestic Violence is Reported?

When domestic violence is reported, law enforcement will investigate the situation. If there is evidence of abuse, the abuser may be arrested and charged. Protective orders can also be issued to keep the abuser away from the victim.

### What Are the Penalties for Domestic Violence in Texas?

Penalties for domestic violence can vary depending on the severity of the abuse and whether it is a first-time offense. They can range from fines and probation to imprisonment. In severe cases, the abuser may face felony charges.

### Can Domestic Violence Charges Be Dropped?

While victims can request to drop charges, the final decision is up to the prosecutor. In some cases, charges may still proceed if there is sufficient evidence of abuse.

If you or someone you know is experiencing domestic violence, it’s crucial to seek help and support. There are resources available to assist you in navigating this difficult situation.

## Contact Our Harris County Domestic Violence Lawyer Today

Have you been charged with domestic violence in the Galveston area? If convicted, you could spend significant time in jail and face severe problems with employment, housing, and more. However, you can prevail in a domestic violence trial. The county prosecutor may try to encourage you to plead guilty. However, the only way to safeguard your future and reputation is by pleading innocent in most cases.

To win in court, you must have a skilled criminal defense litigator working for you. Our Harris County domestic violence lawyers can assist you. Please[ contact Mark Diaz & Associates](/landing-form/) today at (409) 515-6170.

(Updated 1/8/2025)

**Categories:** Domestic Violence Lawyer

**Tags:** domestic violence

---

### [Can A Drug Overdose Be Prosecuted As Homicide?](https://texascriminaljustice.com/can-a-drug-overdose-be-prosecuted-as-homicide/)

**Published:** January 13, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug overdose](https://texascriminaljustice.com/wp-content/uploads/2023/05/Diaz-4-Can-A-Drug-Overdose-Be-Prosecuted-As-Homicide_May-2023-1.jpg "drug overdose")To fight the rising number of drug overdoses to fentanyl and other illegal drugs, many states have passed drug-induced homicide laws so drug dealers can be charged with murder in drug overdose fatalities. Texas does not have such a law yet, but things could change soon. Read more about prosecuting drug overdose deaths as homicide in this blog post, and if you have legal questions, talk to our [Galveston County homicide lawyers](/homicide/) at Mark Diaz & Associates today.

## Drug Overdose Homicide Laws in Texas

Federal law states that drug dealers who sell opioids to someone who passes away from an overdose can be held liable for that death. Texas law as of today does not allow for this, but potential changes are brewing in the state legislature in 2023.

In March, the Texas Senate passed a bill to enhance the penalties stemming from the sale and production of fentanyl. If passed into law, this bill would classify overdoses from fentanyl as poisonings. In addition, [Senate Bill 645](https://www.texastribune.org/2023/03/15/texas-fentanyl-murder-legislature/) would potentially allow prosecutors to charge people with murder who make sell, and deliver this deadly drug.

Furthermore, the bill would enhance the penalty for making or delivering less than a gram of fentanyl to a third-degree felony from a state jail felony. If a person passes away from a drug overdose involving fentanyl, the penalty would be a second-degree felony. Only two milligrams of fentanyl can kill a person, depending on their size and tolerance.

Governor Greg Abbott and his allies in the state legislature are taking a tough-on-drugs approach to the problem with fentanyl in Texas, mainly by increasing the criminal penalties for using and selling it. This strategy has been criticized by some legal experts who maintain the policies just criminalize people who abuse the drug.

Also, some say that the move to charge people with homicide or sell or produce homicide has backfired in some states, possibly leading to more overdoses and charging friends and family with murder who were in the home when the person overdosed.

## Frequently Asked Questions About Drug Overdose Homicide In Texas

### What is Drug Overdose Homicide?

Drug overdose homicide involves causing the death of another person through the distribution or delivery of a controlled substance. In Texas, recent legislation has increased penalties for those involved in the sale and production of fentanyl, classifying overdoses from the drug as “poisonings”.

### What are the Penalties for Drug Overdose Homicide?

Penalties can be severe and may include long-term imprisonment. For example, if a person dies from an overdose as a result of manufacturing or delivering fentanyl, the penalty can be escalated to a second-degree felony.

### How is Drug Overdose Homicide Different from Other Homicide Charges?

Drug overdose homicide specifically involves the distribution or delivery of controlled substances that result in death. It is treated differently from other types of homicide, such as murder or manslaughter, due to the involvement of illegal drugs.

### Can Someone Be Charged with Homicide for Providing Drugs to a Friend?

Yes, under the new legislation, individuals who provide drugs that result in an overdose death can be charged with homicide. This includes friends or family members who were present when the victim took the drug.

### What Should I Do If I’m Facing Drug Overdose Homicide Charges?

If you’re facing these charges, it’s crucial to consult with an experienced criminal defense attorney who can help you understand your rights, build a defense strategy, and navigate the legal process.

## Senate Bill 645 Also Would Increase Penalties For Possession

Senate Bill 645 also will increase the punishments for making, delivering, or possessing substantial quantities of fentanyl. For example, having 200 to 400 grams of the drug would become a first-degree felony, which could result in 10 years to life in prison and a $100,000 fine. Possessing more than 400 grams also would be a first-degree felony that could lead to 15 years in prison and a $250,000 fine.

The potential changes in the law regarding charging drug dealers with homicide comes from the significant increase in fentanyl deaths in Texas. Overdoses involving the drug rose by almost 400% from 2019 when 333 people overdosed, to 1,662 in 2021. The CDC estimates that more than 5,000 people died from various drug overdoses in Texas between July 2021 and July 2022. Also, the CDC estimates that [75,000 Americans died](https://www.fox4news.com/news/texas-bill-would-classify-fentanyl-overdoses-as-poisonings) between 2021 and 2022 because of overdosing on opioids, mainly fentanyl.

Fentanyl overdoses in the state have received more attention recently as the media has covered stories of young adults and teens who died from fentanyl overdoses. These users may have thought they were using Adderall in some cases, which is prescribed for attention deficit disorder. Sometimes those pills are sold online illegally and are laced with fentanyl and other deadly drugs.

However, even if the Senate bill becomes law, charging drug dealers with homicide still could be difficult for law enforcement. For example, how would a prosecutor prove that the person who sold or distributed the illegal drug knew it included fentanyl? Also, the people who sell or distribute the drug are not usually the same ones who manufacture it.

## Other Drug Crimes In Texas

In Texas, drug dealers could soon be charged with homicide when someone overdoses on illegal drugs. We must watch what the state legislature does next in this area.

There are many other drug crimes in Texas, and being convicted for one can lead to serious consequences. Here are some of the common questions we receive on other drug crimes in the state.

### Will You Lose Your Job If Convicted Of A Drug Crime In Texas?

It depends, but there is no guarantee that a drug conviction will not affect your employment in Texas. For many companies, a simple drug possession conviction is grounds to fire an employee. However, you also can find it more challenging to find a job with this conviction on your record.

Most employers run background checks on potential hires today. A conviction for a drug crime will often cost you that job. However, only some people who are charged with drug possession end up with a conviction on their record. The prosecutor may work out a deal where you can do community service or probation to avoid a criminal record.

### Will You Be Expelled From School For A Drug Conviction?

All schools are different. Some colleges and universities will allow you to enroll and stay with a criminal record. But there is no guarantee. Most colleges have a code of conduct, and being convicted of any drug crime could get you expelled.

### Can You Be Denied An Apartment Because Of A Drug Crime Conviction?

Yes, like employment, being convicted of a drug crime in Texas can prevent you from renting a house or apartment. Landlords can run a background check on you; it is up to them if they rent to you when you have a drug crime conviction.

### Can You Lose Your Driver’s License For A Drug Crime Conviction In Texas?

Yes. Being convicted of a drug crime can suspend your license for up to six months. This includes marijuana possession. However, the driver’s license suspension is up to the judge and is not mandatory.

### Should I Just Accept The Prosecutor’s Plea Deal For Drug Possession?

Rarely. In most cases, the only person who benefits when you plead guilty without talking to a lawyer is the prosecutor. While the prosecutor has many resources to convict you, they still have the burden of proof, and you usually have potential defenses available.

Also, remember that only an experienced criminal defense attorney can tell you if you are getting a fair plea deal. However, your attorney can compare your plea deal to others they have seen. Therefore, it is always beneficial to talk to a lawyer before taking a drug crime plea deal.

### What Are Potential Defenses For A Drug Possession Charge?

A drug possession charge is severe, but only if you are convicted. There are many strong defenses to a drug possession charge that could result in the case being dismissed. For example:

#### *Lack of Knowledge*

You have to have known you possessed illegal drugs to be convicted. For instance, if you did not know the plastic bag you had contained illicit drugs, you did not commit a crime.

#### *Valid Prescription*

This is a valid defense if you have a prescription for the drugs in your possession. You have not committed a crime if you possess drugs that were prescribed to you by a doctor.

#### *Violation Of Constitutional Rights*

Sometimes the police violate the Constitution when conducting a search for drugs. If the evidence they collected was part of an illegal search, the evidence must be thrown out, which could make the case impossible to prosecute.

### Is Marijuana Possession Illegal In Texas?

Yes. While some states, such as Arkansas and Oklahoma, have passed laws decriminalizing marijuana possession, it is still a crime in Texas. It bears watching what the state legislature does in this area in the future, but marijuana possession is still illegal.

### Can You Be Charged With DWI For Being High On Drugs In Texas?

A DWI charge usually involves alcohol, but you can be charged if you were under the influence of drugs. The Texas Penal Code states that you are considered under the influence if you have a BAC of .08% or more, but it also applies if you were not in control of your faculties because of drugs or alcohol. If the police think you are under the influence of drugs, they will have a drug recognition expert evaluate you to determine if drugs were why, you were impaired.

### Should I Get A Lawyer For Pleading Guilty To Possession?

Yes. Just because you plead guilty to a drug crime does not mean the county prosecutor will take it easy on you. You could still be sentenced to jail time and a fine. But a criminal defense attorney may be able to work out a lighter sentence.

### Can I Get Probation For A First-Time Drug Possession Conviction?

Possibly. First-time offenders sometimes get probation and drug treatment instead of a jail sentence. Probation means you can return to your life if you meet certain conditions. For example, you would need to check in with a probation officer, take random drug tests, get drug treatment, and possibly do community service.

## Contact Our Galveston County Drug Possession Lawyers Today

If you have been charged with a drug crime, you need legal help immediately. Our Galveston County Drug Possession lawyers at [Mark Diaz & Associates](/landing-form/) will protect your rights and build the best defense against these serious charges. Please call (409) 515-6170 today.

(Updated 1/13/2025)

**Categories:** Homicide Lawyers

**Tags:** drug overdose

---

### [What Is The Jail Time For Aggravated Assault In Texas?](https://texascriminaljustice.com/what-is-the-jail-time-for-aggravated-assault-in-texas/)

**Published:** January 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2023/06/Diaz-2-What-Is-The-Jail-Time-For-Aggravated-Assault-In-Texas_June-2023.jpg "assault")If someone in Texas threatens, causes, or recklessly puts someone at risk of serious bodily harm, they could be charged with aggravated assault. This severe charge can lead to felony penalties and jail time. The [Texas Department Of Public Safety (DPS)](https://www.dps.texas.gov/section/crime-records/crime-texas) states that 76,000 people were arrested for aggravated assault in 2019 alone. Have you been charged with aggravated assault? You need an attorney to protect your rights, so contact our [Galveston County assault defense lawyer](/assault-and-battery/) at Mark Diaz & Associates today.

## Aggravated Assault Definition In Texas

The law states that [aggravated assault is knowingly, intentionally, or recklessly causing someone serious bodily harm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm). Or, it means using or exhibiting a deadly weapon while committing an assaultive crime.

Serious bodily harm means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Broken bones or permanent scarring are examples of severe bodily injury.

A deadly weapon is defined as anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Some examples under Texas law are guns, brass knuckles, motor vehicles, swords or machetes, knives, ropes, baseball bats, etc.

## What Is The Punishment For Aggravated Assault?

In Texas, aggravated assault is a second-degree felony that can be punished by two to 20 years in prison and a fine of up to $10,000. However, the charge may be upgraded to a first-degree felony in these cases:

- You used a deadly weapon to engage in a domestic assault and caused severe bodily harm.
- The assault was committed against a public servant who was acting in their work capacity at the time of the incident.
- You committed aggravated assault to retaliate against an informant, witness, or someone who reported a crime.
- You shot a gun from a motor vehicle at another vehicle, home, or building with reckless disregard for whether it was occupied and in discharging the gun, serious bodily injury to any person was caused.

If you are convicted of a first-degree felony for aggravated assault, you can receive between five and 99 years in prison. The fine may be up to $10,000.

## Aggravated Assault By Threat Charge

Another situation to be aware of is that you can be charged with this crime if you ‘exhibit’ a deadly weapon and the alleged victim says they felt threatened by death or serious bodily injury. So, if you were simply holding a deadly weapon and the other party says they were afraid for their life, you could face an aggravated assault charge. There are scenarios where an aggravated assault charge with a deadly weapon can get confusing and controversial:

### Self-Defense

Suppose someone threatens you and you are legally carrying your Glock under your coat. You pull out your gun to avoid harm and show the other person the weapon so they will leave you alone. This sounds like a case of self-defense, but there are situations where law enforcement will talk to both sides and discover you had a gun. So, they assume you were the aggressor and arrest you for aggravated assault.

However, with a skilled attorney helping you, fighting this charge can be beneficial for you because the prosecutor must prove beyond a reasonable doubt that you possessed the requisite intent regarding the other person. Just because the alleged victim claims they felt their life was in danger does not make it true. Your attorney may show these claims were baseless.

### Road Rage

Suppose you are driving in Galveston County and a driver in a pickup truck cuts you off and forces you onto the shoulder. What happens if they leave the truck, charge your vehicle, and curse you? If you pull out your legally-concealed handgun because you feel threatened and feel it is necessary to eliminate the threat, can you be charged with aggravated assault? It doesn’t seem like you should be, but it is possible. All the police might see is that you had the weapon and the other claims that you made them fear for their safety.

## Defenses To An Aggravated Assault Charge

An aggravated assault charge is serious, but there are potential defenses that your attorney may consider. However, no matter how serious the situation, remember the prosecutor must prove their case beyond a reasonable doubt to convict you.

So, your Galveston County aggravated assault lawyer will attempt to undermine the prosecution’s case and raise doubt in the minds of the jury. Some aspects of the case that could raise reasonable doubt are:

- Whether there was intent, knowledge, or recklessness
- Whether a ‘serious bodily injury’ occurred
- Whether an assault occurred, which is required for the prosecutor to charge you with aggravated assault
- Whether the contact with the alleged victim was provocative or offensive
- Whether any threats could have resulted in imminent bodily harm

If your attorney can raise a reasonable doubt about these factors, a pretrial dismissal or acquittal after trial is possible. That said, remember that the prosecutor would usually prefer ‘something’ to ‘nothing.’ So, if an acquittal is not in the cards, your attorney might be able to convince them to reduce the charge to misdemeanor assault, which is a Class A or Class B misdemeanor.

Rather than years in prison, a misdemeanor conviction could result in no more than 1 year in county jail, but could also result in no jail time at all. Also, the conviction, in this case, would be for a misdemeanor, not a felony – a significant distinction.

Also, if you face an aggravated assault charge, having an attorney as early as possible is essential. As noted above, there are circumstances where there is flimsy evidence that the defendant threatened someone and made them fear for their life. This charge is a felony, so it has to be shown to the grand jury.

Your attorney can request to be involved in this early phase and if the state allows, it is possible to attempt to intervene and secure a no-bill so you are not indicted. A no-bill means that the case is dismissed, and you are essentially free of the charge and arrest. In most all situations too, it means that you can later have the matter expunged from your record.

## What Should You Do When You Are Arrested?

When you are arrested for aggravated assault, your attorney will probably not be there. So, it is up to you at that point to protect your rights. The first thing to remember is to stay silent and not answer the police’s questions. Invoke your constitutional rights to 1) remain silent and 2) your right to counsel.

Also, do not accuse anyone else of misconduct. Nothing you say will help you, and everything will be used against you later. All you should say to the police is that you want to talk to an attorney. Far too many defendants damage their defense case by saying things during the arrest that incriminate them or their words are twisted and somehow used against them later.

Furthermore, attempt no communication with the alleged victim if you know them, and do not accept any ‘deal’ law enforcement offers you; they are not authorized to do so, anyway in that stage of the proceeding. Finally, if you must go to court before seeing an attorney, always plead not guilty to preserve your rights.

When selecting your criminal defense attorney, remember that the least expensive legal option is often not the best. Many people hire Mark Diaz & Associates after another attorney did not produce the desired results. It is essential to hire an attorney with ample criminal defense experience in violent crime charges, including aggravated assault.

## Consequences Of An Aggravated Assault Conviction

You can receive years in prison and fines for aggravated assault in Texas. There are many severe ramifications after serving your sentence that could plague you for years:

- You may be unable to vote, hold public office, or own guns.
- You may have to tell potential employers and others that you have a felony conviction, which could immediately disqualify you.
- Even if you do not have to disclose your conviction, it could be found during a background check.

In addition, if the aggravated assault involved a member of your family, it is a domestic violence incident. This means the judge will likely issue an order of protection, also called a protective order. This means you may not communicate with or contact the victim and may not be allowed to be around them. So, if you have a home with that person, you could need to find another place to live.

## Is Aggravated Assault Always A Felony?

Yes. Most aggravated assault convictions are second-degree felonies that may be punished by two to 20 years in prison and a possible $10,000 fine. However, if you used a weapon and caused severe bodily injury to a domestic partner or family member, it is a first-degree felony. In addition, aggravated assault against a police or security officer is also a first-degree felony.

## Frequently Asked Questions About Aggravated Assault In Texas

### What is Aggravated Assault in Texas?

Aggravated assault is defined under Texas Penal Code §22.02. It involves either:

1. **Causing serious bodily injury** to another person intentionally, knowingly, or recklessly.
2. **Using or exhibiting a deadly weapon** during the assault.

### What are the Penalties for Aggravated Assault?

Aggravated assault is typically classified as a **felony**, which can result in significant legal consequences, including imprisonment. The exact penalties depend on the severity of the injury and the circumstances of the case.

### What Defenses are Available?

Common defenses against aggravated assault charges include:

- **Self-defense**: Claiming that the assault was necessary to protect oneself or others.
- **Defense of others**: Similar to self-defense, but protecting another person.
- **Lack of intent**: Arguing that there was no intention to cause harm or that the actions were not reckless.

### Can Aggravated Assault Charges be Dismissed?

Yes, charges can be dismissed if there is insufficient evidence to prove guilt beyond a reasonable doubt. Other circumstances, such as lack of intent or successful self-defense claims, can also lead to dismissal.

If you’re facing aggravated assault charges in Texas, it’s crucial to consult with an experienced criminal defense attorney who can provide guidance and help you navigate the legal process.

## Contact Our Galveston County Assault Defense Lawyer

Being convicted of Texas assault charges can upend your life, but with the help of a criminal defense attorney, you have a better chance at resolving the case in your favor. If you are not indicted, it is possible to have the charge expunged from your record later, but you need to have an attorney helping you as early in the case as possible. Contact our[ Galveston County assault defense lawyer ](/assault-and-battery/)at [Mark Diaz & Associates](/landing-form/) today for help at (409) 515-6170.

(Updated 1/8/2025)

**Categories:** Assault Defense Lawyer

**Tags:** Assault

---

### [Possible Defenses For DWI Charges In Texas](https://texascriminaljustice.com/possible-defenses-for-dwi-charges-in-texas/)

**Published:** June 4, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2024/06/Diaz-2-Possible-Defenses-For-DWI-Charges-In-Texas_June-2024.jpg "DWI")Facing DWI charges in Texas can be a daunting and stressful experience, but individuals accused of [driving while intoxicated (DWI)](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#:~:text=DRIVING%20WHILE%20INTOXICATED.,of%20confinement%20of%2072%20hours.) have options for defending themselves against these allegations. Understanding the possible defenses for DWI charges is crucial for anyone facing such accusations, as it provides insight into the legal strategies and arguments that can be employed to challenge the prosecution’s case.

From challenging the legality of the traffic stop to disputing the accuracy of field sobriety tests and breathalyzer results, there are various avenues for mounting a strong defense against DWI charges in Texas. Let’s now discuss the DWI criminal case process, and some of the potential defenses available to individuals facing DWI charges in Texas, and examine the legal principles and strategies that can be utilized to protect their rights and pursue a favorable outcome in your DWI case.

## How Do People Get Caught Driving While Intoxicated?

In Texas, law enforcement officers employ [various methods to identify and apprehend](https://www.tdcaa.com/journal/another-weapon-against-impaired-driving/) drivers suspected of driving while intoxicated (DWI). These stops can occur through several means, each with its own set of circumstances and legal implications.

### Routine Traffic Stops

Routine traffic stops are one of the most common ways law enforcement officers initiate DWI investigations. During a routine traffic stop, an officer may pull over a driver for a traffic violation, such as speeding, running a red light, or failing to signal a lane change. Upon approaching the vehicle, the officer may observe signs of impairment, such as slurred speech or the smell of alcohol, prompting further investigation for DWI.

### Probable Cause Stops

In some cases, law enforcement officers may initiate a DWI stop based on probable cause, such as observing erratic driving behavior or receiving reports of a suspected drunk driver. When officers have reasonable suspicion that a driver is intoxicated, they may pull over the vehicle to conduct further investigation, which may include field sobriety tests or breathalyzer tests.

### Accident Investigations

DWI stops can also occur in the aftermath of a motor vehicle accident. If law enforcement officers respond to an accident scene and suspect that alcohol or drugs contributed to the crash, they may conduct a DWI investigation and arrest any drivers believed to be impaired.

Understanding the different types of DWI stops is crucial for individuals facing DWI charges, as it can help them understand the circumstances leading to their arrest and identify potential legal defenses to challenge the validity of the stop.

## The DWI Arrest and Booking Process

Following a DWI stop, law enforcement officers may arrest the driver if they have probable cause to believe that the individual was operating a vehicle while intoxicated. The DWI arrest process typically involves several steps, including:

### Field Sobriety Tests

Upon pulling over a suspected drunk driver, law enforcement officers may administer field sobriety tests to assess the driver’s level of impairment. These tests often include tasks such as walking in a straight line, standing on one leg, and following a moving object with the eyes. However, field sobriety tests are subjective and can be influenced by various factors, leading to potential challenges in court.

### Breathalyzer Tests

After conducting field sobriety tests, officers may request a breathalyzer test to measure the driver’s blood alcohol concentration (BAC). In Texas, drivers are subject to implied consent laws, meaning that refusal to submit to a breathalyzer test can result in administrative penalties, such as license suspension. However, breathalyzer test results are not infallible and can be challenged in court on grounds of accuracy and reliability.

### Blood Tests

Blood testing for alcohol is becoming increasingly more common in today’s Dwi investigation. In most counties, there is a judge that is on call to review search warrants in the event that a voluntary specimen is consented to. With this new factor, the idea of no refusal weekends are a thing of the past as every day is now a no refusal. However, blood test results are also not infallible and can be challenged in court the same as a breath test.

### Arrest and Booking

If a driver fails field sobriety tests or registers a BAC above the legal limit of 0.08%, they may be arrested for DWI and transported to the police station or county jail for booking. During booking, personal information is recorded, fingerprints are taken, and the individual may be held in custody until they can post bail or appear before a judge for arraignment.

Understanding the DWI arrest and booking process is essential for individuals facing DWI charges, as it provides insight into the legal procedures involved and the potential consequences of a DWI arrest.

## Potential Legal Defenses to DWI

Facing DWI charges can be a daunting experience, but individuals have various legal defenses available to challenge the allegations against them. Some common defenses to DWI charges in Texas include:

### Lack of Probable Cause

One potential defense to DWI charges is challenging the legality of the traffic stop or arrest. If law enforcement officers lacked probable cause to pull over the vehicle or arrest the driver, any evidence obtained as a result of the stop may be deemed inadmissible in court.

### Inaccurate Field Sobriety Tests

Field sobriety tests are subjective assessments of a driver’s coordination and cognitive abilities, and their accuracy can be influenced by various factors, such as weather conditions, fatigue, or medical conditions. Challenging the validity of field sobriety tests can be an effective defense strategy in DWI cases.

### Breathalyzer Calibration Issues

[Breathalyzer tests](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1124861/) are commonly used to measure a driver’s BAC, but their accuracy can be affected by factors such as improper calibration or maintenance. Challenging the reliability of breathalyzer test results can undermine the prosecution’s case and raise doubts about the defendant’s level of intoxication.

### Rising Blood Alcohol Defense

The rising blood alcohol defense argues that a driver’s BAC was below the legal limit at the time of driving but increased to an illegal level by the time they were tested. Factors such as the absorption rate of alcohol and the passage of time between driving and testing can support this defense strategy.

### Violation of Miranda Rights

If law enforcement officers fail to properly advise a driver of their Miranda rights during the arrest process, any statements made by the defendant may be suppressed as involuntary and inadmissible in court.

Successfully challenging DWI charges requires a thorough understanding of Texas DWI laws and procedures, as well as the ability to identify and assert effective legal defenses on behalf of the defendant.

## The Impact Of Experience On DWI Cases

When facing DWI charges, the experience of your defense attorney can have a significant impact on the outcome of your case. An experienced DWI defense attorney understands the complexities of Texas DWI laws and procedures and can leverage this knowledge to develop a strategic defense tailored to the specific circumstances of your case.

Experienced DWI defense attorneys have a comprehensive understanding of the various legal defenses available to challenge DWI charges, such as lack of probable cause, inaccurate field sobriety tests, and breathalyzer calibration issues. They know how to thoroughly investigate the circumstances surrounding a DWI arrest, gather evidence, and identify weaknesses in the prosecution’s case.

Furthermore, experienced DWI defense attorneys are skilled negotiators who can effectively advocate for their clients’ interests during plea negotiations with prosecutors. They understand the nuances of DWI plea bargaining and can pursue favorable plea agreements that minimize the potential consequences of a DWI conviction.

In addition to their legal experience, DWI defense attorneys have established relationships with judges, prosecutors, and other legal professionals in the Texas criminal justice system. These relationships can be invaluable in advocating for their clients’ interests and achieving favorable outcomes in DWI cases.

Ultimately, the experience and skill of your DWI defense attorney can make a positive difference in the outcome of your case. By entrusting your DWI defense to our experienced attorneys, you can have confidence that your rights will be protected, and you will receive the best possible defense against DWI charges in Galveston, Texas.

## Our Galveston DWI Defense Attorneys Fight For Your Future

Facing DWI charges in Texas can be overwhelming, but you don’t have to face them alone. It’s vital to take proactive steps to defend yourself and protect your rights by seeking the assistance of our skilled DWI defense lawyers.

With the guidance of a knowledgeable legal advocate, you can navigate the complexities of the criminal justice system and mount a strong defense against DWI accusations. Empower yourself to protect your future and ensure fairness in the legal process. Contact our [Galveston DWI defense attorneys](/dwi-charges/) at 409-515-6170 to [schedule your free consultation](/landing-form/) and to take control of your defense today.

**Categories:** DUI Defense Lawyer

---

### [Possession of Drug Paraphernalia in Texas Can Land You in Jail](https://texascriminaljustice.com/possession-of-drug-paraphernalia-in-texas-can-land-you-in-jail/)

**Published:** June 10, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug paraphernalia](https://texascriminaljustice.com/wp-content/uploads/2024/06/Diaz-3-Possession-Of-Drug-Paraphernalia-In-Texas-Can-Land-You-In-Jail_June-2024.jpg "drug paraphernalia")Possession of drug paraphernalia in Texas is a serious offense that can have significant legal consequences, including fines and incarceration. While many individuals may not realize the severity of possessing items associated with drug use or distribution, Texas law explicitly prohibits the possession, manufacture, and distribution of drug paraphernalia. Whether it’s pipes, syringes, scales, or other items commonly associated with drug use, being caught with drug paraphernalia can lead to serious legal repercussions.

We will now explore the implications of possession of drug paraphernalia in Texas, examining the relevant laws, potential penalties, and legal defenses available to individuals facing these charges. Understanding the gravity of this offense and the potential consequences is essential for anyone in Texas who finds themselves accused of possession of drug paraphernalia.

## Types of Illegal Drug Paraphernalia in Texas

Drug paraphernalia encompasses a wide range of items used in the production, consumption, or concealment of illicit substances. In Texas, possessing or manufacturing drug paraphernalia is a criminal offense, punishable by fines and incarceration. Understanding the different types of [illegal drug paraphernalia](/what-items-are-considered-drug-paraphernalia-in-texas/) is essential for individuals to avoid inadvertent possession and potential legal consequences.

### Pipes And Smoking Devices

One of the most common types of drug paraphernalia is pipes and smoking devices used to consume drugs such as marijuana, cocaine, and methamphetamine. These devices come in various shapes and sizes, including glass pipes, bongs, and vaporizers, and are designed to facilitate the inhalation of drugs.

### Syringes And Needles

Syringes and needles are often associated with the consumption of intravenous drugs such as heroin and methamphetamine. Possessing syringes or needles without a legitimate medical purpose is illegal in Texas and can result in criminal charges.

### Rolling Papers And Blunts

Rolling papers and blunts are commonly used to smoke marijuana and other drugs. While rolling papers themselves may not be illegal, possessing them in conjunction with drugs can constitute drug paraphernalia under Texas law.

### Containers And Scales

Containers used to store drugs, such as baggies or pill bottles, as well as scales used to weigh drugs for distribution, are considered drug paraphernalia. Possessing these items in connection with illegal drugs can lead to criminal charges.

### Manufacturing Equipment

Equipment used to manufacture or produce illegal drugs, such as methamphetamine labs or marijuana grow operations, is considered drug paraphernalia. Possessing or manufacturing such equipment is a serious offense under [Texas law](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm) and can result in severe penalties.

Understanding the different types of illegal drug paraphernalia is crucial for individuals to avoid unintentional possession and potential legal consequences. It is essential to exercise caution and discretion when handling items that could be considered drug paraphernalia to avoid inadvertently violating Texas drug laws.

## The Different Types of Possession Under Texas Law

In Texas, possession of drug paraphernalia can take various forms, each with its own set of legal implications and potential consequences. Understanding the different [types of possession under Texas law](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm) is essential for individuals facing drug paraphernalia charges to mount an effective defense and protect their rights.

### Actual Possession

Actual possession occurs when an individual has care, custody, or control over drug paraphernalia. This can include items found on the person, such as in pockets or bags, or within reach and under the individual’s immediate control.

### Constructive Possession

Constructive possession still falls under the definition of care, custody, or control of an item but the term refers to having possession of something when it may not actually be on your person. Constructive possession occurs when an individual has the ability or duty to exercise control over drug paraphernalia, even if the items are not physically on their person. This can include items found in a person’s home, vehicle, or other property, where the individual has custody or control over the place where the item in question is.

### Joint Possession

Joint possession occurs when two or more individuals each individually have control or custody over drug paraphernalia even though it may just be one item in question. With the concept of joint possession, each individual may be held criminally liable for the items, regardless of who actually owns or controls them. Furthermore, two people can possess the same item at once. The law doesn’t recognize that each item or thing can only have one person in legal possession of the item or thing in question.

### Possession With Intent to Distribute

Possession with intent to distribute occurs when an individual possesses drug paraphernalia with the intention of selling, delivering, or otherwise distributing the illegal drug paraphernalia. This can include possessing large quantities of paraphernalia, packaging materials, or other indicia of drug distribution.

Understanding the different types of possession under Texas law is essential for individuals facing drug paraphernalia charges to mount an effective defense and protect their rights. By understanding the legal principles and implications of possession, individuals can work with their defense attorney to develop a strategic defense strategy tailored to their specific circumstances.

## The Drug Paraphernalia Arrest and Booking Process

The arrest and booking process for drug paraphernalia charges in Texas typically follows a series of standardized procedures, each with its own set of legal requirements and implications. Understanding the drug paraphernalia arrest and booking process is essential for individuals facing these charges to navigate the criminal justice system effectively and protect their rights.

### Initial Contact and Investigation

The drug paraphernalia arrest process often begins with law enforcement officers making initial contact with individuals suspected of possessing drug paraphernalia. This may occur during a routine traffic stop, a search of a person’s home or vehicle, or in response to a tip or complaint.

### Field Testing and Evidence Collection

Once law enforcement officers have identified suspected drug paraphernalia, they may conduct field tests or collect evidence to establish probable cause for arrest. This may involve testing the items for the presence of drugs or collecting physical evidence.

### Arrest and Custody

If law enforcement officers have sufficient evidence to establish probable cause, they may arrest the individual suspected of possessing drug paraphernalia. The individual may be taken into custody and transported to the police station or county jail for booking. The individual could also be issued a citation depending upon the level of offense of the crime they are being accused of committing.

### Booking and Processing

If a decision to arrest is made, then the next step is to be booked in. During the booking process, personal information is recorded, fingerprints are taken, and the individual may be photographed. They may also undergo a medical evaluation and be interviewed by law enforcement officers about the circumstances surrounding their arrest.

### Bail and Release

After the booking process is complete, the individual may be given the opportunity to post bail or bond to secure their release from custody. The amount of bail or bond required may vary depending on the severity of the charges and other factors.

Understanding the drug paraphernalia arrest and booking process is essential for individuals facing these charges to navigate the criminal justice system effectively and protect their rights. By understanding their rights and obligations during each stage of the process, individuals can work with their defense attorney to develop a strategic defense strategy tailored to their specific circumstances.

## Potential Legal Defenses to Drug Paraphernalia Possession

Individuals facing drug paraphernalia possession charges in Texas have various legal defenses available to challenge the allegations against them and protect their rights. Understanding the potential legal defenses to drug paraphernalia possession is essential for individuals to mount an effective defense and pursue a favorable outcome in their case.

### Lack of Knowledge or Intent

One potential defense to drug paraphernalia possession charges is arguing that the individual lacked knowledge or intent to possess the items in question. If the individual was unaware of the presence of drug paraphernalia or did not intend to possess it, they may be able to challenge the prosecution’s case.

### Illegal Search or Seizure

Another potential defense to drug paraphernalia possession charges is challenging the legality of the search or seizure that led to the discovery of the items. If law enforcement officers conducted an illegal search or seizure, any evidence obtained as a result may be deemed inadmissible in court.

### Unlawful Entrapment

Entrapment occurs when law enforcement officers induce or encourage an individual to commit a crime they would not otherwise have committed. If an individual can demonstrate that they were entrapped into possessing drug paraphernalia by law enforcement officers, they may be able to challenge the validity of the charges against them.

### Violation of Constitutional Rights

If law enforcement officers violated the individual’s constitutional rights during the arrest, search, or interrogation process, any evidence obtained as a result may be suppressed and deemed inadmissible in court to be used against the affected party. Common violations of constitutional rights include the right to be free from unreasonable searches and seizures and the right to remain silent.

### Chain of Custody Issues

Chain of custody refers to the chronological documentation of the handling of evidence from the time it is collected to the time it is presented in court. If there are discrepancies or inconsistencies in the chain of custody of the drug paraphernalia, the prosecution’s case may be weakened, and the evidence could be thrown out by the court depending on the circumstances of the case.

Understanding the potential legal defenses to drug paraphernalia possession charges is essential for individuals to mount an effective defense and protect their rights. By working with an experienced drug paraphernalia defense attorney, individuals can explore these defenses and pursue the best possible outcome in their case.

## The Impact of Experience on Drug Paraphernalia Defense

When facing drug paraphernalia possession charges in Texas, the experience of your defense attorney can have a significant impact on the outcome of your case. An experienced drug paraphernalia defense attorney understands the complexities of Texas drug laws and procedures and can leverage this knowledge to develop a strategic defense tailored to your specific circumstances.

Experienced drug paraphernalia defense attorneys have a comprehensive understanding of the various legal defenses available to challenge drug paraphernalia possession charges, such as lack of knowledge or intent, illegal search or seizure, unlawful entrapment, violation of constitutional rights, and chain of custody issues. They know how to thoroughly investigate the circumstances surrounding your arrest, gather evidence, and identify weaknesses in the prosecution’s case.

Furthermore, experienced drug paraphernalia defense attorneys are skilled negotiators who can effectively advocate for your interests during plea negotiations with prosecutors. They understand the nuances of drug paraphernalia plea bargaining and can pursue favorable plea agreements that minimize the potential consequences of a drug paraphernalia conviction.

In addition to their legal experience, drug paraphernalia defense attorneys have established relationships with judges, prosecutors, and other legal professionals in the Texas criminal justice system. These relationships can be invaluable in advocating for your interests and achieving favorable outcomes in drug paraphernalia cases.

Ultimately, the experience and skill of your drug paraphernalia defense attorney can make a difference in the outcome of your case. By entrusting your defense to an experienced attorney, you can have confidence that your rights will be protected, and you will receive the best possible defense against drug paraphernalia possession charges.

## Contact Our Galveston County Drug Crime Defense Lawyers For a Powerful Defense

Facing drug or drug paraphernalia charges in Texas can have serious repercussions for individuals accused of such offenses. It’s imperative for individuals to take proactive steps to defend themselves and safeguard their rights by seeking the assistance of knowledgeable legal professionals.

By leveraging available resources and legal services, individuals can effectively navigate the complexities of the criminal justice process and mount a strong defense against drug-related accusations. Contact our [Galveston County drug crime defense lawyers](/drug-possession/) at 409-515-6170 to [receive your free consultation](/landing-form/) and take the first step toward defending yourself against unjust accusations.

**Categories:** Drug Crime Defense Lawyer

---

### [Examples of Disorderly Conduct and Possible Sentences](https://texascriminaljustice.com/examples-of-disorderly-conduct-and-possible-sentences/)

**Published:** June 18, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![disorderly conduct](https://texascriminaljustice.com/wp-content/uploads/2024/06/Diaz-4-Examples-Of-Disorderly-Conduct-And-Possible-Sentences_June-2024.jpg "disorderly conduct")Disorderly conduct encompasses a broad range of behaviors that disturb the peace and tranquility of the community. In Texas, [disorderly conduct is a criminal offense](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm), and individuals accused of such behavior may face legal consequences, including fines, probation, and even incarceration.

Understanding the different types of disorderly conduct under Texas law is essential for individuals to recognize and avoid engaging in prohibited behaviors. By understanding the various forms of disorderly conduct, individuals can better navigate social interactions and avoid unintentional violations of the law.

### Fighting or Threatening Behavior

One common form of disorderly conduct in Texas involves engaging in fighting or threatening behavior that disturbs the peace. This can include physical altercations, verbal threats, or gestures that incite violence or fear in others. Engaging in fighting or threatening behavior in public places or private establishments can result in disorderly conduct charges and potential legal consequences.

### Disruptive or Offensive Language

Another type of disorderly conduct under Texas law involves using disruptive or offensive language in public settings. This can include using profanity, racial slurs, or other offensive language that disturbs the peace or incites disorder. While individuals have a First Amendment right to freedom of speech, there are limitations on speech that can lead to disorderly conduct charges if it crosses the line into disruptive or offensive behavior that, according to statute, would incite a “breach of the peace”.

### Displaying a firearm in a Public Place

If a person displays a firearm or other deadly weapon in a public place in a manner calculated to alarm another or others then disorderly conduct charges can be filed.

Understanding the different types of disorderly conduct under Texas law is essential for individuals to recognize and avoid engaging in prohibited behaviors. By understanding the various forms of disorderly conduct, individuals can better navigate social interactions and avoid unintentional violations of the law.

## The Disorderly Conduct Arrest and Booking Process

The arrest and booking process for disorderly conduct charges in Texas typically follows a series of standardized procedures, each with its own set of legal requirements and implications. Understanding the disorderly conduct arrest and booking process is essential for individuals facing these charges to navigate the criminal justice system effectively and protect their rights.

### Initial Contact and Investigation

The disorderly conduct arrest process often begins with law enforcement officers responding to a report of disruptive or offensive behavior. This may occur in response to complaints from members of the public, business owners, or school officials. Upon arriving at the scene, law enforcement officers will conduct an investigation to determine the nature and severity of the alleged disorderly conduct.

### Field Assessment and Probable Cause

During the investigation, law enforcement officers will assess the situation and determine whether there is probable cause to make an arrest for disorderly conduct. This may involve interviewing witnesses, gathering evidence, and assessing the demeanor and behavior of the individuals involved. If officers believe that disorderly conduct has occurred, they may proceed with making an arrest.

### Arrest and Custody

If law enforcement officers have sufficient evidence to establish probable cause, they may arrest the individuals suspected of disorderly conduct. The individuals will be taken into custody and transported to the police station or county jail for booking.

### Booking and Processing

During the booking process, personal information is collected and recorded, fingerprints are taken, and the individual may be photographed. They may also undergo a medical evaluation and be interviewed by law enforcement officers about the circumstances surrounding their arrest. It’s important to note, however, that if officers attempt to interview you at this point and you are under arrest, you have a right to have an attorney present before giving any statements to the police. If you find yourself in this spot, be sure to exercise that right.

### Bail and Release

After the booking process is complete, the individual may be given the opportunity to post bail or bond to secure their release from custody. The amount of bail or bond required may vary depending on the severity of the charges and other factors.

Understanding the disorderly conduct, arrest, and booking process is essential for individuals facing these charges to navigate the criminal justice system effectively and protect their rights. By understanding their rights and obligations during each stage of the process, individuals can work with their defense attorney to develop a strategic defense strategy tailored to their specific circumstances.

## Potential Legal Defenses to Disorderly Conduct

Individuals facing disorderly conduct charges in Texas have various legal defenses available to challenge the allegations against them and protect their rights. Understanding the potential legal defenses to disorderly conduct is essential for mounting an effective defense and pursuing a favorable outcome in their case.

### Lack of Intent

One potential defense to disorderly conduct charges is arguing that the individual lacked the intent to engage in disruptive or offensive behavior. If the individual did not intentionally or knowingly do the thing that disturbed the peace or cause disorder, they may be able to challenge the prosecution’s case for lack of requisite intent.

### First Amendment Rights

The First Amendment protects individuals’ rights to freedom of speech and expression, including the right to engage in political protests, demonstrations, or other forms of expressive conduct. If the individual’s behavior falls within the scope of protected speech, it may serve as a defense to disorderly conduct charges.

### Self-defense or Defense of Others

In some cases, individuals may engage in behavior that could be considered disorderly conduct in response to threats or attacks by others. If the individual acted in self-defense or defense of others, they may be able to assert this as an affirmative defense to disorderly conduct charges.

### Unlawful Arrest or Police Misconduct

If law enforcement officers violate the individual’s constitutional rights during the arrest or investigation process, any evidence obtained as a result may be suppressed and deemed inadmissible to be used in court against the persons whose rights were violated. Common violations of constitutional rights include the right to be free from unreasonable searches and seizures and the right to remain silent.

### Insufficient Evidence

If the prosecution cannot prove beyond a reasonable doubt that the individual engaged in disorderly conduct, they may be unable to secure a conviction. Challenging the sufficiency of the evidence against the individual can be an effective defense strategy in disorderly conduct cases.

Understanding the potential legal defenses to disorderly conduct charges is essential for individuals to mount an effective defense and protect their rights. By working with an experienced disorderly conduct defense attorney, individuals can explore these defenses and pursue the best possible outcome in their case.

## Possible Sentences for Each Type of Disorderly Conduct In Texas

Disorderly conduct in Texas encompasses a broad range of behaviors, each with its own set of potential legal consequences. Understanding the possible sentences for each type of disorderly conduct is essential for individuals facing these charges to assess their legal options and potential outcomes.

### Fighting Or Threatening Behavior

Engaging in fighting or threatening behavior that disturbs the peace is a [Class C misdemeanor](https://mac.harriscountytx.gov/about-texas-misdemeanors#:~:text=Class%20C%20misdemeanors%20in%20Texas,is%20a%20Class%20C%20misdemeanor.) under Texas law. Those who have been convicted of this offense could face a fine of up to $500.

### Disruptive Or Offensive Language

Using disruptive or offensive language in public settings is also a Class C misdemeanor in Texas. Individuals convicted of this offense may face a fine of up to $500.

### Displaying a Firearm in a Public Place

Disorderly conduct by displaying a firearm in a manner calculated to alarm others is a [Class B misdemeanor in Texas](https://mac.harriscountytx.gov/about-texas-misdemeanors#:~:text=Class%20B%20Misdemeanors,much%20as%20$2%2C000%2C%20or%20both.). Individuals convicted of this offense may face a fine of up to $2,000 and/or up to 180 days in jail.

Understanding the possible sentences for each type of disorderly conduct is essential for individuals facing these charges to assess their legal options and potential outcomes. By understanding the severity of the potential consequences, individuals can work with their defense attorney to develop a strategic defense strategy tailored to their specific circumstances.

## The Impact of Experience on Disorderly Conduct Defense

When facing disorderly conduct charges in Texas, the experience and dedication of your defense attorney can have a significant impact on the outcome of your case. An experienced disorderly conduct defense attorney understands the complexities of Texas criminal laws and procedures and can leverage this knowledge to develop a strategic defense tailored to your specific circumstances.

Experienced disorderly conduct defense attorneys have a comprehensive understanding of the various legal defenses available to challenge disorderly conduct charges, such as lack of intent, First Amendment rights, self-defense, unlawful arrest or police misconduct, and insufficient evidence. They know how to thoroughly investigate the circumstances surrounding your arrest, gather evidence, and identify weaknesses in the prosecution’s case.

Furthermore, experienced disorderly conduct defense attorneys are skilled negotiators who can effectively advocate for your interests during plea negotiations with prosecutors. They understand the nuances of disorderly conduct plea bargaining and can pursue favorable plea agreements that minimize the potential consequences of a disorderly conduct conviction.

In addition to our legal experience, our disorderly conduct defense attorneys have established relationships with each of the relevant persons who work within the court system making navigating through the process a much easier task. These relationships can be invaluable in advocating for your interests and achieving favorable outcomes in disorderly conduct cases.

Ultimately, the experience and skill of your disorderly conduct defense attorney can make a difference in the outcome of your case. By entrusting your defense to an experienced attorney, you can have confidence that your rights will be protected, and you will receive the best possible defense against disorderly conduct charges.

## Contact Our Galveston County Criminal Defense Lawyers

Facing false disorderly conduct charges in Texas can have serious implications for individuals accused of such offenses. It’s essential for individuals to take proactive steps to defend themselves and safeguard their rights by seeking the assistance of knowledgeable legal professionals. Contact our [Galveston County criminal defense lawyers](/team_member/mark-diaz/) at 409-515-6170 to schedule your free consultation and to take the first step toward defending yourself.

**Categories:** Criminal Defense Lawyer

---

### [Questions To Ask a Texas Criminal Defense Attorney](https://texascriminaljustice.com/questions-to-ask-a-texas-criminal-defense-attorney/)

**Published:** July 1, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense](https://texascriminaljustice.com/wp-content/uploads/2024/07/Diaz-1-Questions-To-Ask-A-Texas-Criminal-Defense-Attorney_July-2024.jpg "criminal defense")When facing [criminal charges in Texas](https://codes.findlaw.com/tx/penal-code/), the stakes are incredibly high. The right criminal defense attorney can make a significant difference in the outcome of your case. However, not all attorneys are created equal. By asking these essential questions, you can gain a deeper understanding of the attorney’s experience, their approach to defending cases like yours, their legal strategy, and their fee structure. This knowledge can help you choose the best representation, making your decision more informed and potentially more favorable for your case.

## Understanding The Attorney’s Experience And Background

### How long have you been practicing criminal law in Texas?

The length of time an attorney has been practicing can give you insight into their level of experience. An attorney with decades of experience, like at Mark Diaz & Associates, has likely handled a wide variety of cases and understands the nuances of Texas criminal law. This experience can be invaluable in developing effective defense strategies tailored to your case.

### What types of cases do you typically handle?

It’s crucial to understand the types of cases an attorney regularly manages. Some attorneys may focus on specific areas within criminal law, such as DWI, drug offenses, or violent crimes. Ensuring that your attorney has relevant experience with cases similar to yours can increase the likelihood of a favorable outcome.

### Have you handled cases similar to mine before? What are the possible outcomes?

An attorney’s experience with cases similar to yours can be a good indicator of their ability to represent you effectively. Ask about whether they have represented others in the past who have specific cases and facts related to yours. You can also ask about what the potential outcomes could be for resolving your case based on their experience with similar cases in the past.

## Legal Strategy and Approach

### What is your approach to defending cases like mine?

Understanding an attorney’s strategy and approach is critical. Some attorneys may take an aggressive stance, while others might focus on negotiation and settlement. Knowing how your attorney plans to handle your case can help you feel more confident in their representation.

### How do you plan to investigate my case?

A thorough investigation is essential for a strong defense. Ask about the steps the attorney will take to gather evidence, interview witnesses, and build your case. An experienced attorney will have a systematic approach to ensure no stone is left unturned.

### What are the possible outcomes of my case?

While no attorney can guarantee a specific outcome, they should be able to provide a range of possible scenarios based on their experience. Understanding the potential consequences can help you prepare for the future and make informed decisions about your defense.

## Attorney’s Availability and Communication

### How accessible will you be during my case?

Communication is not just vital; it’s a cornerstone in any attorney-client relationship. Ensuring that your attorney will be available to answer your questions and provide updates on your case is crucial. Ask about their preferred method of communication and how often you can expect to hear from them. This emphasis on communication is to make you feel heard and understood throughout the legal process.

### Who will be handling my case?

In some law firms, someone other than the attorney you initially speak with may be the one handling your case. Clarify who will be working on your case and their level of experience. It’s important to feel confident that the attorney handling your case is well-equipped to provide the best possible defense.

### How will you keep me informed about the progress of my case?

Regular updates are crucial for peace of mind and informed decision-making. Ask about the attorney’s process for keeping clients informed, including how often you can expect updates and through what means (e.g., phone calls, emails, meetings).

## Fees and Costs

### What is your fee structure?

Understanding an attorney’s fee structure is essential for budgeting and financial planning. Some attorneys charge by the hour, while others may offer a flat fee or work on a contingency basis. Make sure you are clear on how you will be billed and any additional costs you may incur.

### Are there any additional costs I should be aware of?

In addition to attorney fees, there may be other costs associated with your case, such as court fees, expert witness fees, trial fees, or other unexpected costs related to your case that come up. Ask about any potential additional expenses to avoid surprises down the road.

### Do you offer payment plans?

Facing criminal charges can be financially draining. Some attorneys may offer payment plans to make their services more affordable. Ask if this option is available and how it can be structured to fit your budget.

## Defense Strategy and Potential Defenses

### What potential defenses do you see for my case?

An experienced attorney should be able to identify possible defenses based on the specifics of your case. Understanding these options can give you a better idea of the direction your defense will take and the likelihood of success.

### What are the strengths and weaknesses of my case?

An honest assessment of your case’s strengths and weaknesses is crucial. This transparency allows you to have realistic expectations and understand the challenges you may face.

### How often do your cases go to trial versus being settled out of court?

Knowing the attorney’s track record with trials versus settlements can help you gauge their willingness to fight for you in court if necessary. Some attorneys may prefer to settle out of court, while others are more inclined to take cases to trial. It’s important to find an attorney who fits your needs based on your circumstances. Most cases don’t go to trial, but some do and when they do, it is usually for one of two reasons: either the defense believes the state cannot prove guilt beyond a reasonable doubt, or the state has not made a reasonable plea offer and the only way to get a better deal is to get it from a judge or jury at trial.

## The Importance of Choosing an Experienced Texas Criminal Defense Attorney

When charged with a crime in Texas, the reassurance of having an experienced criminal defense attorney like those at Mark Diaz & Associates is essential. [Texas criminal law](https://law.justia.com/codes/texas/penal-code/) is complex, and the consequences of a conviction can be severe, including fines, jail time, and a permanent criminal record. An experienced attorney can navigate the legal system, identify the best defense strategies, and work to protect your rights and future, providing you with a sense of security in these challenging times.

### Knowledge of Texas Criminal Law

An attorney with decades of experience, like at Mark Diaz & Associates, possesses an in-depth understanding of Texas criminal law. This knowledge is critical in building a solid defense and achieving the best possible outcome for your case.

### Negotiation Skills

Experienced attorneys have honed their negotiation skills over the years, allowing them to secure favorable plea deals or negotiate lesser charges. This can result in reduced penalties or alternative sentencing options, which can significantly impact your future.

### Trial Experience

Not all cases go to trial, but having an attorney with extensive trial experience can be a significant advantage if your case does. An experienced trial attorney knows how to present evidence, question witnesses, and persuade a jury, increasing your chances of a favorable verdict.

### Personalized Attention and Strategy

Every case is unique, and an experienced attorney will provide personalized attention and develop a defense strategy tailored to your specific situation. This approach ensures that all aspects of your case are thoroughly examined and that your defense is as strong as possible.

## Why Choose Mark Diaz & Associates?

Mark Diaz & Associates is a Texas criminal defense law firm with extensive courtroom experience; whether it is resolving your case by negotiation or trial, you are in good hands. Their team of experienced attorneys is dedicated to providing high-quality legal representation to clients facing criminal charges in the Galveston County, Texas area.

### Years and Years of Experience

With many years of experience in criminal law, the attorneys at Mark Diaz & Associates have handled a wide range of cases, from minor misdemeanors to serious felonies. This extensive experience allows them to represent clients and achieve favorable outcomes effectively.

### Personalized Legal Representation

At Mark Diaz & Associates, every client receives personalized attention and a defense strategy tailored to their specific case. The firm’s attorneys take the time to understand the details of each case and work tirelessly to protect their clients’ rights and futures.

### Commitment to Client Communication

Mark Diaz & Associates understands the importance of communication in the attorney-client relationship. They are committed to keeping clients informed throughout the legal process and are always available to answer questions and provide updates.

## Call Mark Diaz & Associates for a Top Legal Defense

If you are facing criminal charges in Texas, you need an experienced and dedicated criminal defense attorney on your side. [Mark Diaz & Associates](/) offers a free consultation to discuss your case and explore your legal options. With a commitment to personalized legal representation, they are ready to fight for you.

Contact our [Galveston County criminal defense lawyers](/criminal-defense/) at Mark Diaz & Associates today by calling 409-515-6170 to receive your free consultation. The firm represents clients throughout the Galveston County, Texas area and is dedicated to protecting your rights and securing the best possible outcome for your case. Don’t face criminal charges alone – let Mark Diaz & Associates provide the legal defense you need.

**Categories:** Criminal Defense Lawyer

---

### [What To Know About Domestic Violence Charges in Texas](https://texascriminaljustice.com/what-to-know-about-domestic-violence-charges-in-texas/)

**Published:** July 8, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2024/07/Diaz-2-What-To-Know-About-Domestic-Violence-Charges-In-Texas_July-2024.jpg "domestic violence")Domestic violence charges in Texas are serious offenses that can carry severe legal consequences and long-lasting personal ramifications. Being informed about the nature of these charges, the legal definitions, the potential penalties, the legal process, and the importance of skilled legal representation is crucial for anyone facing criminal charges.

## Understanding Domestic Violence Under Texas Law

Domestic violence in Texas is defined under [Title 5, Chapter 22 of the Texas Penal Code](https://law.justia.com/codes/texas/penal-code/title-5/chapter-22/). The state categorizes domestic violence into three main types – domestic assault, aggravated domestic assault, and continuous violence against the family.

**Domestic Assault** – This occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another person, including a family member, household member, or a current or former dating partner. It also includes threats of imminent harm and physical contact that the victim finds offensive or provocative.

**Aggravated Domestic Assault** – This charge is more severe and applies when serious bodily injury is inflicted or when the assailant uses or exhibits a deadly weapon during the assault.

**Continuous Violence Against the Family** – This is a unique charge in Texas where an individual commits two or more domestic assaults within 12 months, regardless of whether the assaults resulted in an arrest or conviction.

## Legal Definitions and Key Terms

**Bodily Injury** – This term refers to physical pain, illness, or any impairment of physical condition. It does not necessarily require visible injuries; the victim’s testimony of pain can be sufficient.

**Family Violence** – This encompasses any act intended to result in physical harm, bodily injury, assault, or sexual assault against a family member. It also includes threats that reasonably place the family member in fear of imminent harm.

**Dating Violence** – This is defined as an act intended to result in physical harm, bodily injury, assault, or sexual assault committed by one partner against the other in a current or past dating relationship.

## Potential Penalties for Domestic Violence Charges

The penalties for domestic violence in Texas vary based on the severity of the offense and the defendant’s criminal history.

**Class A Misdemeanor** – A first-time domestic assault charge without aggravating factors is typically classified as a [Class A misdemeanor](https://mac.harriscountytx.gov/about-texas-misdemeanors#:~:text=In%20Texas%2C%20Class%20A%20misdemeanors,Penal%20Code%20Ann.). This can result in up to one year in jail and a fine of up to $4,000.

**Third-Degree Felony** – If the assault involves choking/strangulation or continuous violence against the family, then it is classified as a [third-degree felony](https://mac.harriscountytx.gov/about-texas-felonies), which can lead to a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.

**Second-Degree Felony** – Aggravated domestic assault against the family is generally classified as a [second-degree felony](https://mac.harriscountytx.gov/about-texas-felonies). This offense carries a potential prison sentence ranging from 2 to 20 years and a fine of up to $10,000.

**First-Degree Felony** – If the aggravated domestic assault results in severe injury or involves the use of a deadly weapon, it can be elevated to a [first-degree felony](https://codes.findlaw.com/tx/penal-code/penal-sect-12-32/). The penalties for this charge can include a prison sentence ranging from 5 to 99 years or life, along with a fine of up to $10,000.

## The Legal Process for Domestic Violence Charges

Facing a domestic violence charge in Texas involves several stages, each of which requires careful navigation and a solid legal strategy.

**Arrest and Booking** – When a domestic violence incident is reported, the police investigate and, if there is probable cause, arrest the alleged offender. The suspect is then taken into custody and booked into jail.

**Initial Appearance** – The defendant appears before a judge, who will explain the charges and the defendant’s rights. Bail may be set at this stage.

**Arraignment** – During the arraignment, the defendant is formally charged and asked to enter a plea of guilty, not guilty, or no contest. This is a critical stage where the assistance of a skilled attorney can make a significant difference.

**Pre-Trial** – This phase involves discovery, where both the defense and prosecution exchange evidence. Motions may be filed to suppress or limit evidence. Negotiations for plea bargains also usually occur during this period.

**Trial** – If the case goes to trial, both sides will present their cases, question witnesses, and submit evidence. The judge or jury will then deliberate and render a verdict.

**Acquittal** – If the defendant is found “not guilty”, then the defendant is cleared and released of the charges. The “not guilty” verdict essentially exonerates the defendant.

-or-

**Sentencing** – If the defendant is found “guilty”, the judge or the jury will impose a sentence based on the severity of the offense and other potential factors.

## Potential Defenses Against Domestic Violence Charges

There are several defenses that an experienced attorney can employ to challenge domestic violence charges in Texas.

**Self-Defense** – If the defendant can prove that they were acting in self-defense or defense of another person, this can be shown in court by way of asserting this affirmative defense. An affirmative defense means that, while the defendant may be guilty of the offense he or she is charged with (such as assaulting another), there is credible evidence that negates the criminal liability of the defendant – such as, acting in self-defense or in defense of a third person.

**Lack of Intent** – Demonstrating that the alleged act was accidental and not intentional or reckless can undermine the prosecution’s case.

**False Allegations** – In some cases, the alleged victim may falsely accuse the defendant due to motives like revenge, custody disputes, or financial gain. An attorney can investigate and present evidence to expose these false claims.

**Insufficient Evidence** – The burden of proof lies with the prosecution. If they cannot present enough credible evidence to prove the defendant’s guilt beyond a reasonable doubt, the charges could be dismissed.

## Frequently Asked Questions About Domestic Violence Charges in Texas

### What Constitutes Domestic Violence in Texas?

Domestic violence in Texas involves any act of violence or threat of violence against a family member, household member, or a person in a current or past dating relationship. This includes physical harm, bodily injury, assault, or sexual assault. Even actions that cause fear of imminent harm can be considered domestic violence under Texas law.

### Can Domestic Violence Charges Be Dropped by the Victim?

No, in Texas, the decision to drop domestic violence charges lies solely with the prosecutor, not the victim. Once the police are involved and charges are filed, the state prosecutes the case. While the victim’s input may (and should) be considered, the ultimate decision rests with the prosecutor as to whether the case will proceed further in the system or not.

### What Are the Penalties for Domestic Violence Convictions in Texas?

Penalties for domestic violence in Texas vary depending on the severity of the offense and the defendant’s criminal history. A Class A misdemeanor can result in up to one year in jail and a fine of up to $4,000. More severe charges, such as third-degree felonies involving choking/strangulation, can result in 2 to 10 years in prison and a fine of up to $10,000. Aggravated domestic assault can carry even harsher penalties, including up to 20 years in prison.

### Can I Get a Domestic Violence Charge Expunged in Texas?

In Texas, expunging a domestic violence charge is challenging and the law is very technical in this area. Generally, if you are convicted, then your record cannot be expunged. However, if the charges are dismissed, you may be eligible for an expunction after a waiting period. If you are placed on deferred probation for a domestic violence case and you successfully complete your probation, despite not being convicted of the case, you would not be eligible for an expunction in this scenario.

Expunction law is complicated and when it comes to the potential of expunging domestic violence charges, the law can be confusing. If you find yourself questioning whether you are eligible to clear your record and you were charged with a domestic violence case, consult with an experienced attorney who handles these types of cases in the area where your charges were filed. A knowledgeable attorney in this area can assess your circumstances and apply the intricacies of the expunction statute to your situation. They will be able to advise you on what may or may not be available to you.

### What Should I Do if I Am Accused of Domestic Violence?

If you are accused of domestic violence, it is crucial to seek legal representation right away to protect your rights. Do not contact the alleged victim, as this could lead to additional charges and/or complicate your defense. Follow your attorney’s advice closely, and gather any evidence that might support your case, such as text messages, emails, or names witnesses who can testify on your behalf. All gathered evidence and information should be turned over to your attorney to let them assist you in your defense.

### How Can a Domestic Violence Defense Attorney Help Me?

A domestic violence defense attorney can provide essential support and representation throughout your case. They can challenge the prosecution’s evidence, negotiate for reduced charges or alternative sentencing, and present a strong defense on your behalf. An experienced attorney understands the intricacies of Texas law and can help protect your rights and your future.

### What Is the Process for a Domestic Violence Case in Texas?

The process typically starts with an arrest and booking, followed by an initial appearance where bail may be set. Afterward, the defendant attends an arraignment to enter a plea. The pre-trial phase involves discovery, motions, and potential plea negotiations. If the case goes to trial, both sides present their evidence and arguments, after which a verdict is rendered. If found “not guilty”, then the defendant is released of the charges and the case is over. Alternatively, if the defendant is found “guilty”, sentencing follows based on the severity of the offense.

### Why Should I Choose Mark Diaz & Associates for My Defense?

Mark Diaz & Associates offers decades of experience in criminal defense, with vast experience in defending clients against domestic violence charges. The firm provides personalized defense strategies, aggressive courtroom representation, and a client-centered approach to ensure the best possible outcome for your case. Contact Mark Diaz & Associates at 409-515-6170 to discuss your situation and begin building your defense.

## The Importance of a Skilled Domestic Violence Defense Attorney

Navigating domestic violence charges in Texas requires a thorough understanding of the law, meticulous preparation, and strategic defense planning. An experienced attorney plays a crucial role in ensuring that the defendant’s rights are protected throughout the legal process.

**Legal Experience** – An attorney with extensive experience in domestic violence cases will have in-depth knowledge of Texas laws and the nuances of the criminal justice system.

**Strategic Defense** – A skilled lawyer can analyze the specifics of the case, identify weaknesses in the prosecution’s evidence, and develop a robust defense strategy tailored to the defendant’s situation.

**Negotiation Skills** – Often, an attorney can negotiate with the prosecution for reduced charges or alternative sentencing options, such as probation or counseling, which can significantly lessen the impact on the defendant’s life.

**Emotional Support** – Facing domestic violence charges can be emotionally draining. A compassionate attorney can provide the necessary support and guidance to help the defendant navigate this challenging time.

## Why Choose Mark Diaz & Associates?

When facing domestic violence charges in Texas, having a dedicated and experienced legal team is paramount. Mark Diaz & Associates offers unparalleled experience in defending clients against domestic violence allegations.

**Years and Years of Experience** – With many years of experience in criminal law, the attorneys at Mark Diaz & Associates have a deep understanding of the legal landscape and the complexities of domestic violence cases.

**Personalized Defense** – Each case is unique, and the firm is committed to providing personalized defense strategies that address the specific circumstances of the client’s case.

**Aggressive Representation** – The attorneys at Mark Diaz & Associates are known for their aggressive representation in the courtroom, fighting tirelessly to protect their clients’ rights and achieve the best possible outcomes.

**Client-Centered Approach** – The firm prioritizes client satisfaction, ensuring that clients are informed, supported, and involved in every step of their defense.

## Contact Mark Diaz & Associates for Exceptional Representation

If you or a loved one is facing domestic violence charges in the Galveston County, Texas area, then it is essential to secure experienced legal representation promptly. [Mark Diaz & Associates](/), a Texas criminal defense law firm, has vast experience in domestic violence defense and knows how to handle the representation of clients who are charged with these types of offenses.

Contact our [Galveston County criminal defense lawyers](/domestic-violence/) at Mark Diaz & Associates by calling 409-515-6170 to receive a free consultation. Our team is dedicated to providing the strong, effective defense you need to protect your future. Don’t face these charges alone—trust Mark Diaz & Associates to stand by your side and fight for your rights.

**Categories:** Domestic Violence

---

### [Factors That Can Increase Penalties For Drug Manufacturing in Texas](https://texascriminaljustice.com/factors-that-can-increase-penalties-for-drug-manufacturing-in-texas/)

**Published:** July 23, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug manufacturing](https://texascriminaljustice.com/wp-content/uploads/2024/07/Diaz-3-Factors-That-Can-Increase-Penalties-For-Drug-Manufacturing_July-2024.jpg "drug manufacturing")Drug manufacturing charges in Texas carry severe consequences. The severity of these penalties depends on various factors that can significantly impact the outcome of a case. Understanding these factors is crucial for anyone facing drug manufacturing charges. Let’s now explore the key elements that can increase penalties for drug manufacturing under Texas law, relevant statutes, and the possible punishments and other consequences of a conviction.

## Texas Drug Manufacturing Laws And Penalties

Texas drug laws are stringent, and manufacturing drugs is one of the most severely punished offenses. The Texas Controlled Substances Act, codified in the Texas Health and Safety Code, outlines the regulations and penalties for drug-related offenses, including manufacturing. According to [Section 481.112](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-112/#:~:text=Offense%3A%20Manufacture%20or%20Delivery%20of%20Substance%20in%20Penalty%20Group%201&text=(a)%20Except%20as%20authorized%20by,listed%20in%20Penalty%20Group%201.) of the Texas Health and Safety Code, manufacturing or delivering a controlled substance is a felony offense. The penalties for drug manufacturing vary depending on the type and quantity of the drug involved.

### Types And Quantities Of Drugs

The type and quantity of the drug involved play a significant role in determining the penalties for drug manufacturing. Texas law classifies controlled substances into different penalty groups, with [Penalty Group 1](/penalty-group-1-of-texas-controlled-substance-penalty-groups/) containing the most dangerous drugs, such as cocaine, heroin, and methamphetamine.

[Penalty Group 2](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-1161/) includes substances like ecstasy and amphetamines, while [Penalty Groups 3 and 4](/what-are-the-penalties-for-possession-of-a-controlled-substance-in-texas/) contain less dangerous drugs.

For example, manufacturing less than one gram of a Penalty Group 1 substance is a state jail felony, punishable by 180 days to two years in state jail and a fine of up to $10,000. If the quantity is between one and four grams, it becomes a second-degree felony, with penalties ranging from two to 20 years in prison and a fine of up to $10,000. Manufacturing larger quantities can lead to first-degree felony charges, with potential life sentences and fines up to $250,000.

### Presence Of Firearms

The presence of firearms during the commission of a drug manufacturing offense can significantly increase the penalties. Under Texas law, if firearms are found at the scene of the crime, it can lead to enhanced charges and more severe punishments. The presence of firearms is often seen as an aggravating factor, indicating a higher level of danger and potential for violence. This can result in longer prison sentences and higher fines.

### Proximity To Schools And Other Protected Areas

Manufacturing drugs near schools, playgrounds, or other protected areas can lead to enhanced penalties. Texas law imposes stricter punishments for drug offenses committed within 1,000 feet of a school, youth center, or playground. This enhancement is intended to protect children and other vulnerable individuals from the dangers associated with drug manufacturing. Offenders caught manufacturing drugs in these protected zones can face increased fines and longer prison sentences.

### Previous Criminal History

A defendant’s criminal history is a critical factor in determining the penalties for drug manufacturing. Repeat offenders or those with a history of drug-related offenses are likely to face harsher penalties. Texas law allows for sentence enhancements based on prior convictions. For instance, if a defendant has previous convictions for drug manufacturing or other felony offenses, they may be subject to enhanced sentencing under the habitual offender statute. This can lead to significantly longer prison terms and higher fines.

### Involvement Of Minors

Involving minors in drug manufacturing operations is a serious aggravating factor that can lead to increased penalties. Texas law imposes severe punishments for offenders who use, exploit, or endanger minors in the commission of drug manufacturing crimes. This can include using minors to assist in the production process, exposing them to hazardous substances, or operating manufacturing facilities in homes where children are present. Such actions not only endanger the minors but also result in significantly enhanced penalties for the offenders.

### Scale And Sophistication Of The Operation

The scale and sophistication of the drug manufacturing operation can also impact the penalties. Large-scale operations involving substantial quantities of drugs, complex production methods, or extensive distribution networks are likely to attract more severe punishments. Law enforcement agencies often dedicate significant resources to investigating and dismantling large-scale drug manufacturing operations. As a result, offenders involved in such operations can face lengthy prison sentences, substantial fines, and the forfeiture of assets.

### Impact On The Community

Another factor that can influence the penalties is the impact of the drug manufacturing operation on the community. Operations that result in significant harm to the community, such as environmental damage, health hazards, or increased crime rates, are likely to be punished more severely. For example, methamphetamine production often involves hazardous chemicals that can cause environmental contamination and pose serious health risks to nearby residents. Offenders responsible for such operations may face enhanced penalties to reflect the broader impact on the community.

## The Criminal Justice Process For Drug Manufacturing Charges

Understanding the criminal justice process for drug manufacturing charges is essential for anyone facing these serious accusations. The process typically involves several stages, including investigation, arrest, charging, arraignment, pretrial motions, trial, and sentencing. Each stage presents opportunities for defense strategies that can impact the outcome of the case.

### Investigation And Arrest

The investigation phase involves gathering evidence to support the charges of drug manufacturing. This can include surveillance, undercover operations, and the execution of search warrants. If sufficient evidence is collected, law enforcement will make an arrest. During this stage, the defendant must exercise their right to remain silent and seek legal counsel immediately.

### Charging And Arraignment

Once arrested, the defendant will be formally charged with drug manufacturing. The charges will specify the type and quantity of the drug involved, as well as any aggravating factors such as the presence of firearms or proximity to schools. During the arraignment, the defendant will enter a plea of guilty, not guilty, or no contest. This stage sets the tone for the subsequent legal proceedings.

### Pretrial Motions And Plea Bargaining

Pretrial motions can significantly impact the outcome of a drug manufacturing case. Defense attorneys may file motions to suppress evidence obtained through illegal searches or challenge the validity of the charges. Additionally, plea bargaining may be an option, where the defense negotiates with the prosecution for reduced charges or lighter sentences in exchange for a guilty plea. Skilled legal representation is crucial during this stage to navigate the complexities of the legal system and achieve the best possible outcome.

### Trial And Sentencing

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of drug manufacturing. The defense will present evidence and arguments to refute the charges. If convicted, the sentencing phase determines the penalties, which can include imprisonment, fines, probation, and other consequences. The presence of aggravating factors, such as those discussed earlier, will influence the severity of the sentence.

## The Importance of Legal Representation

Drug manufacturing charges in Texas can be stressful and life-altering. The potential penalties are severe, and the legal process is complex and challenging. Having experienced legal representation is crucial to navigating this difficult situation and protecting your rights.

### Experience In Texas Drug Laws

A knowledgeable Texas criminal defense attorney understands the intricacies of state drug laws and can develop effective defense strategies tailored to your specific case. They can analyze the evidence, identify weaknesses in the prosecution’s case, and challenge any violations of your rights. With decades of experience in criminal law, an attorney can provide the guidance and support needed to achieve the best possible outcome.

### Negotiating Plea Bargains

An experienced attorney can negotiate with the prosecution to secure favorable plea bargains. This can result in reduced charges, lighter sentences, or alternative sentencing options such as probation or drug treatment programs. Effective plea bargaining requires a deep understanding of the legal system, strong negotiation skills, and the ability to present compelling arguments on your behalf.

### Defense Strategies

A skilled defense attorney will explore various defense strategies to challenge the charges against you. This can include questioning the validity of the evidence, highlighting procedural errors, and presenting mitigating factors. For example, if the evidence was obtained through an illegal search, your attorney can file a motion to suppress it. Additionally, they can present evidence of your character, community ties, and lack of prior criminal history to argue for reduced penalties.

### Protecting Your Rights

Throughout the legal process, a defense attorney will ensure that your rights are protected. They will advocate on your behalf, ensure fair treatment, and prevent any violations of your constitutional rights. This includes ensuring that you receive a fair trial, challenging any unlawful actions by law enforcement, and safeguarding your right to remain silent.

## Why Choose Mark Diaz & Associates

If you or a loved one is facing drug manufacturing charges in Texas, it is essential to seek the assistance of a skilled and experienced criminal defense attorney. Mark Diaz & Associates is a Texas criminal defense law firm with a track record of success in handling drug manufacturing cases. Here are several reasons why you should choose Mark Diaz & Associates to represent you:

### Decades Of Experience

With decades of experience in criminal law, Mark Diaz & Associates has the knowledge and experience to handle complex drug manufacturing cases. Their team of attorneys understands the nuances of Texas drug laws and can develop effective defense strategies tailored to your specific situation.

### Proven Track Record

Mark Diaz & Associates has a proven track record of success in defending clients against drug manufacturing charges. Their attorneys have successfully secured favorable outcomes, including case dismissals, reduced charges, and lighter sentences. Their commitment to achieving the best possible results for their clients sets them apart as a leading criminal defense firm in Texas.

### Personalized Legal Representation

At Mark Diaz & Associates, clients receive personalized legal representation. The firm takes the time to understand each client’s unique circumstances, develop tailored defense strategies, and provide the support and guidance needed throughout the legal process. Their attorneys are dedicated to protecting their clients’ rights and ensuring fair treatment.

### Free Consultation

Mark Diaz & Associates offers a free consultation to discuss your case and explore your legal options. During this consultation, you can speak with an experienced attorney who will assess your situation, answer your questions, and provide valuable insights into your defense strategy. This initial consultation is an opportunity to gain a clear understanding of your legal position and make informed decisions about your defense.

### 24/7 Availability

The legal team at Mark Diaz & Associates is available 24/7 to assist clients. Legal issues can arise at any time, and having access to your attorney when you need it most is crucial. The firm is committed to providing responsive and reliable legal representation to clients throughout the Galveston area.

## Contact Mark Diaz & Associates For A Powerful Legal Defense

Facing drug manufacturing charges is a serious matter that requires the experience of an experienced criminal defense attorney. With the proper legal representation, you can navigate the complexities of the legal system, protect your rights, and work towards a favorable resolution of your case. Mark Diaz & Associates is here to help you every step of the way.

If you are facing drug manufacturing charges in Texas, do not wait to seek legal assistance. The consequences of a conviction can be severe, impacting your freedom, finances, and future. Contact Mark Diaz & Associates, a Texas criminal defense law firm with a proven track record of success. Contact our [Galveston drug manufacturing lawyers](/drug-manufacturing/) at Mark Diaz & Associates by calling 409-515-6170 to receive a free consultation. The firm represents clients throughout the Galveston area and is dedicated to protecting your rights and achieving the best possible outcome for your case.

**Categories:** Drug Manufacturing

---

### [How an Experienced Criminal Defense Lawyer Can Get Charges Reduced](https://texascriminaljustice.com/how-an-experienced-criminal-defense-lawyer-can-get-charges-reduced/)

**Published:** August 5, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense](https://texascriminaljustice.com/wp-content/uploads/2024/07/Diaz-1-How-An-Experienced-Criminal-Defense-Lawyer-Can-Get-Charges-Reduced_August-2024.jpg "criminal defense")Facing criminal charges can be one of the most stressful and overwhelming experiences in one’s life. However, having a knowledgeable and dedicated advocate by your side throughout the legal process can provide comfort and support. As an experienced criminal defense lawyer in [Galveston, Texas](https://www.galveston.com/), I’ve seen firsthand how crucial this support is. I will now explain how an experienced criminal defense lawyer can work to get charges reduced and why having the right representation can make a significant difference in the outcome of your case.

## Understanding the Criminal Justice Case Process in Texas

When you’re charged with a crime in Texas, it sets off a series of legal proceedings that can be complex and daunting. However, understanding these steps and how a criminal defense attorney assists at each stage can bring a sense of relief, making you feel more prepared and less anxious about what lies ahead.

### Arrest and Charges

The process begins with an arrest. Once law enforcement believes there is probable cause that you committed a crime, they can arrest you. After your arrest, the prosecutor, who represents the state, will review the evidence and decide whether to file charges. This decision-making phase is critical because an experienced criminal defense lawyer can intervene early, potentially influencing the prosecutor’s decision or even preventing charges from being filed.

### Arraignment

The arraignment is your first court appearance after being charged. Here, you will hear the charges against you and enter a plea of guilty, not guilty, or no contest. A seasoned criminal defense attorney can provide invaluable guidance on how to plea, often advising a not-guilty plea at this stage to allow time to review the evidence and formulate a defense strategy.

### Pre-Trial

During the pre-trial phase, both sides gather evidence and prepare their cases. This period involves discovery, where your attorney will obtain evidence from the prosecution, including police reports, witness statements, and any physical evidence. An experienced lawyer will scrutinize this evidence for inconsistencies, errors, or violations of your rights.

Negotiations for plea bargains also occur during the pre-trial phase. A skilled criminal defense lawyer can negotiate with the prosecutor to have your charges reduced or even dismissed. This negotiation is often based on the strength of the evidence, procedural mistakes by law enforcement, or mitigating circumstances about your case.

### Trial

If your case goes to trial, your defense attorney will represent you before a judge or jury. This involves presenting evidence, cross-examining witnesses, and making legal arguments. The goal is to create reasonable doubt in the minds of the jury or judge about your guilt. An experienced criminal defense lawyer knows how to effectively challenge the prosecution’s case and highlight weaknesses in their arguments.

### Sentencing

If you are convicted, the sentencing phase determines your punishment. Your lawyer can argue for leniency, presenting factors that warrant a lighter sentence. These could include your background, the circumstances of the crime, and your behavior since the arrest.

### Appeals

If you are unhappy with the trial’s outcome, you have the right to appeal. An experienced criminal defense attorney can file an appeal on your behalf, seeking to overturn your conviction or reduce your sentence based on legal errors that occurred during the trial.

Understanding the strategies that an experienced criminal defense lawyer might use to get charges reduced can be empowering. Each case is unique, but some common approaches include:

There are several strategies that an experienced criminal defense lawyer might use to get charges reduced. Each case is unique, but some common approaches include:

## Challenging the Evidence

One of the most effective ways to get charges reduced is by challenging the evidence against you. This can involve questioning the legality of how the evidence was obtained. For instance, if your lawyer can show that the police conducted an illegal search or seizure, the evidence gathered during that search might be deemed inadmissible in court.

Similarly, if there are inconsistencies in witness statements or if the physical evidence is not handled properly, your lawyer can challenge the validity of the evidence. Without key pieces of evidence, the prosecution may be forced to reduce or drop the charges.

### Highlighting Procedural Errors

Procedural errors by law enforcement or the prosecution can also lead to reduced charges. These errors can include failure to read [Miranda rights](https://www.uscourts.gov/sites/default/files/mirandawarningfinal.pdf), mishandling of evidence, or not following proper arrest protocols. An experienced criminal defense lawyer will carefully review all procedures to identify any mistakes that could benefit your case.

### Presenting Mitigating Circumstances

Mitigating circumstances are factors that, while not excusing the crime, provide reasons why the punishment should be less severe. These can include a lack of prior criminal history, evidence of remorse, mental health issues, or difficult personal circumstances at the time of the offense. A skilled lawyer will present these factors to the prosecutor or judge, arguing for reduced charges or a lighter sentence.

### Plea Bargaining

Plea bargaining is a common practice in the criminal justice system. It involves negotiating with the prosecutor to plead guilty to a lesser charge in exchange for a more lenient sentence or the dropping of more severe charges. An experienced criminal defense attorney can negotiate the best possible deal, ensuring that your rights and interests are protected throughout the process.

### Diversion Programs

For certain offenses, especially non-violent crimes or first-time offenders, Texas offers diversion programs that can result in charges being reduced or dismissed upon successful completion. These programs often involve counseling, community service, or drug treatment. A knowledgeable attorney can help determine if you are eligible for such programs and assist in gaining acceptance into them.

## Criminal Defense FAQs

### What Should I Do If I Am Arrested?

If you are arrested, it is important to remain calm and assert your right to remain silent. Do not discuss your case with law enforcement without an attorney present. Contact an experienced criminal defense lawyer as soon as possible to protect your rights and begin building your defense.

### Can a Lawyer Guarantee That My Charges Will Be Reduced?

No attorney can guarantee a specific outcome. However, an experienced criminal defense lawyer can significantly increase the likelihood of your charges being reduced by using their knowledge of the law, experience in the courtroom, and negotiation skills.

### What Are the Potential Consequences of a Criminal Conviction?

The consequences of a criminal conviction can vary widely depending on the nature of the crime and whether it is a misdemeanor or felony. Potential consequences can include jail or prison time, fines, probation, community service, and a permanent criminal record, which can impact future employment, housing, and educational opportunities.

### How Long Does the Criminal Case Process Take?

The duration of a criminal case can vary based on several factors, including the complexity of the case, the charges involved, and whether the case goes to trial. Some cases may be resolved in a matter of months, while others can take a year or more. Your attorney can provide a more accurate timeline based on the specifics of your case.

### Why Is It Important to Hire a Local Criminal Defense Attorney?

Hiring a local criminal defense attorney can be beneficial because they are familiar with the local courts, judges, and prosecutors. This knowledge can be advantageous in developing your defense strategy and negotiating plea deals. A local attorney also understands the community and the specific challenges faced by defendants in the area.

## Why Choose Mark Diaz & Associates

At Mark Diaz & Associates, we understand that facing criminal charges is a life-changing event. Our decades of experience in criminal defense law in Galveston and throughout Galveston, Chambers, and Harris Counties have equipped us with the knowledge and skills necessary to defend your rights effectively. We are committed to providing personalized, strategic defense to each of our clients, ensuring that every case is handled with the utmost care and attention to detail.

What sets us apart is our dedication to our clients. We take the time to listen to your concerns, answer your questions, and keep you informed throughout the legal process. We believe in a collaborative approach, working with you to develop a defense strategy that aligns with your goals and circumstances.

Our track record speaks for itself. We have successfully defended clients against a wide range of criminal charges, from [misdemeanors to serious felonies](/criminal-defense/). Our firm has a reputation for achieving favorable outcomes, whether through negotiating reduced charges, securing dismissals, or winning acquittals at trial.

When you choose Mark Diaz & Associates, you are choosing a team that is committed to fighting for your rights and your future. We understand the nuances of Texas criminal law and use this knowledge to provide you with the best possible defense. Our goal is to achieve the most favorable outcome for your case, protecting your freedom and your future.

## Call Our Galveston Criminal Defense Lawyer For A Free Consultation

Choosing the right criminal defense attorney can make a significant difference in the outcome of your case. If you are facing criminal charges in Galveston, Texas, or the surrounding areas of Galveston, Chambers, and Harris Counties, it is crucial to seek experienced legal representation as soon as possible. At Mark Diaz & Associates, we are ready to discuss your case and provide the guidance you need. Contact Mark Diaz & Associates at 409-515-6170 to [receive a free consultation](/landing-form/) with an experienced [Galveston criminal defense lawyer](/criminal-defense/). Don’t leave your future to chance – let us help you fight for the best possible outcome.

**Categories:** Criminal Defense Lawyer

---

### [Circumstances That Increase Penalties for Assault in Texas](https://texascriminaljustice.com/circumstances-that-increase-penalties-for-assault-in-texas/)

**Published:** July 30, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2024/07/Diaz-4-Circumstances-That-Increase-Penalties-For-Assault-In-Texas_July-2024.jpg "assault")Assault charges in Texas can carry serious consequences, but certain circumstances can significantly increase the severity of penalties. Understanding these aggravating factors is crucial for anyone facing assault charges, as they can lead to enhanced sentences, including longer jail time, higher fines, and more severe long-term consequences. This comprehensive overview will detail the specific circumstances that elevate penalties for assault under Texas law, the related statutes, and the potential punishments one might face.

## Overview Of Assault Laws In Texas

Under Texas law, assault is defined by [Section 22.01 of the Texas Penal Code](https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/). A person commits assault if they:

- Intentionally, knowingly, or recklessly cause bodily injury to another person.
- Intentionally or knowingly threaten another with imminent bodily injury.
- Intentionally or knowingly cause physical contact with another when they know or should reasonably believe that the other will regard the contact as offensive or provocative.

Assault charges can be classified as misdemeanors or felonies depending on the severity of the offense and the circumstances surrounding the incident.

## Aggravating Factors For Assault Charges

Certain factors can elevate a misdemeanor assault charge to a felony, resulting in harsher penalties. These factors include the nature of the victim, the relationship between the offender and the victim, and the use of weapons during the assault.

### 1. Assault Against Certain Victims

Assault charges are escalated when the victim is a member of a protected class. This includes:

- **Public Servants** – Assaulting a public servant, such as a police officer, firefighter, or emergency medical personnel, while they are performing their official duties can elevate a simple assault to a [third-degree felony](https://mac.harriscountytx.gov/about-texas-felonies). The penalties for a third-degree felony include 2 to 10 years in prison and a fine of up to $10,000.
- **Family Members and Household Members** – Texas has strict laws against domestic violence. Assault against a family member, household member, or someone with whom the offender has a dating relationship can result in enhanced charges, especially if the defendant has prior convictions for domestic violence. This can elevate the charge to a third-degree felony with corresponding penalties.
- **Elderly or Disabled Individuals** – Assaulting an elderly person (aged 65 or older) or a disabled individual can also elevate the offense to a [third-degree felony](https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-Offenses-byRange.pdf), reflecting the increased vulnerability of these victims.

### 2. Use Of Deadly Weapons

The use of a deadly weapon during the commission of an assault can significantly increase the severity of the charge. According to Section 22.02 of the Texas Penal Code, an assault involving a deadly weapon is classified as [aggravated assault](https://codes.findlaw.com/tx/penal-code/penal-sect-22-02/), which is a second-degree felony. Penalties for a second-degree felony include:

- **Prison Time** – 2 to 20 years in prison.
- **Fines** – Up to $10,000.
- **Probation** – Probation may be possible but often comes with strict conditions and longer durations.

### 3. Prior Convictions

A history of prior convictions can lead to enhanced penalties for subsequent assault charges. For instance, a second or subsequent assault family violence conviction can be charged as a third-degree felony, even if the new offense would typically be classified as a misdemeanor.

## Potential Penalties And Consequences

The penalties for assault in Texas vary based on the classification of the offense and the presence of aggravating factors. Below is a breakdown of potential punishments:

### Misdemeanor Assault

- Class A Misdemeanor – Up to 1 year in jail and a fine of up to $4,000.
- Class B Misdemeanor – Up to 180 days in jail and a fine of up to $2,000.
- Class C Misdemeanor – Typically punishable by a fine of up to $500, often applied to less severe threats or offensive contact cases.

### Felony Assault

- Third-Degree Felony – 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony – 2 to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony – 5 to 99 years in prison or life and a fine of up to $10,000, applicable in extreme cases such as aggravated assault involving severe bodily injury or the use of a deadly weapon.

### Long-Term Consequences

In addition to the immediate penalties, a conviction for assault can have long-lasting effects, including:

- **Criminal Record** – A felony conviction will remain on the defendant’s criminal record, affecting future employment opportunities, housing, and more.
- **Loss of Rights** – Felony convictions can result in the loss of certain civil rights, such as the right to vote, own firearms, and serve on a jury.
- **Probation Conditions** – If probation is granted, the defendant may face strict conditions, such as mandatory counseling, community service, and regular meetings with a probation officer.

## The Criminal Justice Process For Assault Charges

Navigating the criminal justice process for assault charges involves several key steps, each critical for the defense strategy.

1. **Arrest and Charges** – The process typically begins with an arrest based on a complaint or evidence of assault. Formal charges are then filed, and the defendant is brought before a magistrate for an initial appearance.
2. **Pretrial Hearings** – During pretrial hearings, motions may be filed to dismiss or reduce charges, suppress evidence, or request bail. It’s also a stage where plea bargains may be discussed.
3. **Trial** – If the case proceeds to trial, both the prosecution and defense will present their evidence and arguments. The burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt.
4. **Sentencing** – If convicted, sentencing will be determined based on the severity of the offense, aggravating factors, and the defendant’s criminal history. Sentencing can range from probation to significant prison time.

## Frequently Asked Questions (FAQs) About Increased Penalties For Assault In Texas

### What factors can elevate an assault charge from a misdemeanor to a felony?

Several factors can elevate an assault charge to a felony:

- **Assault against public servants** – Assaulting a police officer, firefighter, or emergency medical personnel while they are performing their official duties can elevate a simple assault to a third-degree felony.
- **Assault against family members or household members** – Domestic violence laws in Texas can elevate charges to a third-degree felony, especially with prior convictions.
- **Assault against elderly or disabled individuals** – This can also elevate the offense to a third-degree felony due to the increased vulnerability of these victims.
- **Use of a deadly weapon** – Using a deadly weapon during an assault results in an aggravated assault charge, classified as a second-degree felony

### What are the penalties for aggravated assault involving a deadly weapon?

Aggravated assault involving a deadly weapon is classified as a second-degree felony. The penalties include:

- **Prison time** – 2 to 20 years in prison.
- **Fines** – Up to $10,000.
- **Probation** – Probation may be possible but often comes with strict conditions and longer durations.

### How does prior criminal history affect assault charges in Texas?

A defendant’s prior criminal history can lead to enhanced penalties for subsequent assault charges. For example, a second or subsequent conviction for assault family violence can be charged as a third-degree felony, resulting in more severe punishments compared to a first-time offense.

### What long-term consequences can result from an assault conviction in Texas?

Long-term consequences of an assault conviction include:

- **Permanent criminal record** – Affecting employment, housing, and more.
- **Loss of certain civil rights** – Such as the right to vote and own firearms.
- **Social stigma** – Impacting personal and professional relationships.
- **Licensing Issues** – Difficulty obtaining professional licenses and security clearances.

### Can an assault charge be reduced or dismissed in Texas?

Yes, an experienced defense attorney can negotiate with prosecutors to potentially reduce charges or secure a dismissal. Factors influencing this include the strength of the evidence, the defendant’s criminal history, and the circumstances surrounding the assault.

### What is the importance of hiring an experienced assault defense attorney?

Hiring an experienced assault defense attorney is crucial for several reasons:

- **Legal advice and strategy formulation** – An experienced attorney will provide valuable legal advice and develop a robust defense strategy.
- **Effective negotiation** – An attorney skilled in negotiation can work towards a plea deal that may result in reduced charges or lighter sentencing.
- **Competent representation in court** – If the case goes to trial, having an experienced attorney is vital to challenge the prosecution’s evidence and advocate for the defendant.

By understanding the circumstances that can increase penalties for assault in Texas and securing experienced legal representation, individuals charged with assault can better navigate the complexities of their case and work towards a favorable outcome. Mark Diaz & Associates is dedicated to providing the skilled defense needed to protect your rights and future. Contact them today for a free consultation.

## Importance Of Legal Representation

Given the complexities and severe consequences of assault charges, securing experienced legal representation is essential. A seasoned Texas Assault Defense Attorney can provide critical assistance at each stage of the legal process.

**Legal Advice and Strategy** – An experienced attorney will provide valuable legal advice, develop a robust defense strategy, and represent the defendant’s interests in court.

**Negotiation** – An attorney skilled in negotiation can work towards a plea deal that may result in reduced charges or lighter sentencing, potentially avoiding a trial altogether.

**Trial Representation** – If the case goes to trial, having an experienced attorney is vital. They will challenge the prosecution’s evidence, cross-examine witnesses, and argue on behalf of the defendant to achieve the best possible outcome.

## Why Choose Mark Diaz & Associates

When facing assault charges, choosing the right legal representation can make all the difference. Mark Diaz & Associates is a Texas criminal defense law firm with decades of experience and a proven track record of success in defending clients against assault charges.

1\. **Experienced Defense Team** – The team at Mark Diaz & Associates has extensive experience handling assault cases in Texas, understanding the nuances of state law, and leveraging this knowledge to benefit their clients.

2\. **Comprehensive Legal Support** – From the initial arrest through to trial and sentencing, Mark Diaz & Associates provides comprehensive legal support, ensuring that every aspect of the case is meticulously managed.

3\. **Personalized Defense Strategies** – Recognizing that every case is unique, the firm develops personalized defense strategies tailored to the specific circumstances of each client, aiming to achieve the best possible outcome.

4\. **Free Consultation** – Mark Diaz & Associates offers a free consultation to discuss the details of your case and provide an honest assessment of your legal options. This initial consultation is a valuable opportunity to understand the potential defenses available and the best path forward.

5\. **Client-Centered Approach** – The firm prides itself on a client-centered approach, prioritizing the needs and rights of its clients and providing clear communication and dedicated representation throughout the legal process.

With the potential for severe penalties and long-term consequences, having a skilled attorney by your side is crucial. Mark Diaz & Associates is here to help you every step of the way, providing the experience and support you need to defend against assault charges effectively.

## Contact Our Criminal Assault And Battery Lawyers In Galveston For A Free Consultation

If you or a loved one is facing assault charges in Texas, don’t navigate this challenging situation alone. Call Mark Diaz & Associates for experienced and dedicated legal representation. Contact our [criminal assault and battery lawyers in Galveston](/assault-and-battery/) at 409-515-6170 [to receive your free consultation](/landing-form/). The firm serves clients throughout the Galveston, Texas area and is committed to protecting your rights and fighting for the best possible outcome in your case.

**Categories:** Criminal Assault and Battery Lawyer

---

### [List of Things Felons Can't Do Under Federal and Texas Law](https://texascriminaljustice.com/list-of-things-felons-cant-do-under-federal-and-texas-law/)

**Published:** August 6, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![felony](https://texascriminaljustice.com/wp-content/uploads/2024/08/Diaz-2-List-Of-Things-Felons-Can_t-Do_August-2024.jpg "felony")As a criminal defense lawyer with decades of experience in Galveston, Texas, I often encounter clients who are unaware of the long-term consequences of a felony conviction. Understanding these repercussions is crucial, as they can significantly impact one’s life even after serving their sentence. I will now explain the [various restrictions](/what-are-restrictions-on-convicted-felons-in-texas/) that felons face under both federal and Texas law. My goal is to provide you with a clear and comprehensive understanding of these limitations, so you are fully informed about the challenges that lie ahead.

## Federal Restrictions on Felons

First and foremost, let’s discuss the restrictions imposed by federal law. A felony conviction can lead to a [wide range of limitations](https://www.justice.gov/sites/default/files/pardon/legacy/2006/11/13/collateral_consequences.pdf) that affect different aspects of your life. One of the most significant restrictions is the loss of the right to vote. While this varies from state to state, federal law does not mandate the restoration of voting rights for felons. In Texas, for instance, you lose your right to vote while incarcerated or while you are serving a probated sentence, but it is restored upon completion of your sentence, including parole or probation.

Another critical restriction is the loss of the right to possess firearms. Under federal law, it is illegal for a felon to purchase, own, or possess any firearm or ammunition. This restriction is lifelong and can only be lifted through a presidential pardon or by having the felony conviction expunged, which is a complex and often challenging process.

Felons are also barred from serving on a jury. Federal law prohibits anyone with a felony conviction from serving as a juror in any federal court. This restriction is also mirrored in Texas law, where felons are disqualified from jury duty unless they have been pardoned or had their civil rights restored.

Employment opportunities are another area where felons face significant challenges. Many federal jobs, especially those requiring a security clearance, are off-limits to individuals with a felony conviction. Additionally, many private employers conduct background checks and may be hesitant to hire someone with a felony record. While federal law provides some protections against discrimination, such as the Equal Employment Opportunity Commission (EEOC) guidelines, the reality is that finding gainful employment can be difficult for felons.

Travel restrictions are also an important consideration. Felons may face challenges when traveling internationally, as many countries have strict entry requirements for individuals with criminal records. Some countries may deny entry altogether, while others may require special visas or permits. It is essential to check the specific entry requirements of the destination country before making travel plans.

## Texas-Specific Restrictions on Felons

In addition to federal restrictions, Texas law imposes its own set of [limitations on individuals with felony convictions](https://www.sll.texas.gov/faqs/felony-conviction/). These restrictions can have a profound impact on your daily life and future prospects.

One of the most immediate and tangible consequences is the inability to hold certain professional licenses. In Texas, many professions require a state-issued license, including those in healthcare, law, real estate, and education. A felony conviction can disqualify you from obtaining or renewing these licenses, severely limiting your career options. The Texas Department of Licensing and Regulation (TDLR) and other licensing boards have the authority to deny, suspend, or revoke licenses based on criminal history.

Another significant restriction is the loss of the right to vote while incarcerated or while serving out a probated sentence. As mentioned earlier, Texas law restores voting rights upon completion of your sentence, but this does not apply during incarceration or while you are on probation or parole. It is crucial to understand that this restoration is automatic, but you must re-register to vote once your rights are restored.

Felons in Texas are also barred from serving on a jury. This restriction remains in place unless you receive a pardon or have your civil rights restored. Serving on a jury is an important civic duty, and being excluded from this process can be a significant loss.

Firearm possession is another area where Texas law aligns with federal regulations. It is illegal for a felon to possess a firearm in Texas, and this prohibition extends to any type of firearm, including handguns, rifles, and shotguns. Violating this restriction can result in severe penalties, including additional felony charges and extended prison time.

Texas does have a slight nuance with gun ownership and felons, however. A felon may have a gun within his or her home if more than 5 years has passed since the completion of the prison sentence, which includes probation or parole. This is specific and only applies to having a gun within the home and nowhere else.

Housing can also be a challenge for felons in Texas. Many landlords conduct background checks and may refuse to rent to individuals with a felony conviction. While there are some protections in place, such as the Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, or national origin, it does not specifically protect felons. This can make finding stable and affordable housing difficult.

Voting rights, jury duty, firearm possession, professional licenses, and housing are just a few examples of the numerous restrictions felons face under Texas law. It is important to be aware of these limitations and take steps to mitigate their impact on your life.

## Texas Criminal Defense FAQs

### Can a felony conviction be expunged in Texas?

In Texas, expunging a felony conviction is generally not possible. In the event the felony conviction is reversed or pardoned, then it could be possible, but this is rare. It is always a good idea to consult with a criminal defense attorney if you are unsure as to whether you qualify for an expunction or not.

### How can a felony conviction impact employment opportunities?

A felony conviction can significantly impact your ability to secure employment. Many employers conduct background checks and may be hesitant to hire individuals with a felony record. Certain professions, particularly those requiring a state-issued license, may be entirely off-limits.

However, there are laws in place, such as the EEOC guidelines, that protect against certain types of employment discrimination. Additionally, some employers are willing to give felons a second chance, particularly if they can demonstrate rehabilitation and a commitment to making positive changes in their lives.

### Can a felon regain the right to own a firearm?

Under federal law, felons are generally prohibited from owning or possessing firearms for life. This restriction can only be lifted through a presidential pardon or having the conviction expunged, which is extremely rare and difficult to obtain. In Texas, state law mirrors this federal restriction, making it illegal for felons to possess firearms.

The difference with Texas law is that a felon can have a firearm in their home if more than 5 years have passed from the completion of their sentence, which includes completion of parole or probation. Violating this prohibition can lead to severe legal consequences, including additional felony charges and extended prison time.

### Are there any voting rights restrictions for felons in Texas?

Yes, in Texas, felons lose their right to vote while incarcerated or while on probation or parole. However, voting rights are automatically restored upon completion of your sentence, including parole or probation. It is important to re-register to vote once your rights are restored. This process is crucial for re-integrating into society and participating in the democratic process.

### Can felons serve on a jury in Texas?

Felons are disqualified from serving on a jury in Texas unless they have received a pardon or had their civil rights restored. Serving on a jury is considered an important civic duty, and being excluded from this process can be a significant loss. Understanding these restrictions is vital for anyone with a felony conviction seeking to fully reintegrate into society.

### How can a criminal defense attorney help mitigate the impact of a felony conviction?

A skilled criminal defense attorney can help mitigate the potential impact of a felony conviction by providing a robust defense during trial, negotiating plea deals, and advocating for alternative sentencing options. Post-conviction, an attorney can assist with navigating the complexities of expunction laws or non-disclosure petitions and advise on steps to rehabilitate and improve employability. Legal representation can make a substantial difference in reducing the long-term consequences of a felony conviction.

## Why Defendants Should Choose Mark Diaz & Associates

Choosing the right criminal defense attorney can make a significant difference in the outcome of your case. At Mark Diaz & Associates, we have decades of experience defending clients against a wide range of criminal charges, including driving while intoxicated (“DWI”), aggravated assault, drug possession, and many other types of misdemeanor and felony offenses. Our commitment to providing personalized and effective legal representation has earned us a reputation for success.

One of the key reasons to choose Mark Diaz & Associates is our deep understanding of the criminal justice system in Texas. We know how prosecutors think, how judges operate, and how to effectively challenge the evidence against you. This insider knowledge allows us to develop strategic defenses tailored to the unique circumstances of your case.

We also believe in the importance of communication and transparency. From the moment you contact us, we will keep you informed about the progress of your case, explain your legal options, and answer any questions you may have. Our goal is to ensure you feel confident and supported throughout the entire process.

Another advantage of working with Mark Diaz & Associates is our dedication to protecting your rights. We will thoroughly investigate the facts of your case, identify any violations of your constitutional rights, and aggressively pursue the best possible outcome. Whether that means negotiating a favorable plea deal, attempting to secure an acquittal at trial, or seeking a reduced sentence, we will fight tirelessly on your behalf.

Our track record speaks for itself. We have successfully defended countless clients against a wide range of charges, achieving dismissals, acquittals, and reduced sentences. We are proud of our ability to deliver positive results and make a meaningful difference in the lives of our clients.

## Call Our Galveston Felony Defense Lawyer for a Free Consultation

If you or a loved one is facing criminal charges in Galveston, Texas, it is crucial to seek the assistance of an experienced criminal defense attorney. At Mark Diaz & Associates, we have the knowledge, skills, and dedication to provide the strong defense you need. Contact our [Galveston felony defense lawyer](/criminal-defense/) at 409-515-6170 to [receive a free consultation](/landing-form/) and discuss your case. We represent clients throughout Galveston, Brazoria, and Harris Counties, and we are here to help you through this challenging time and achieve the best possible outcome.

**Categories:** Felony Defense Lawyer

---

### [What Determines A Vehicular Homicide Sentence From DWI?](https://texascriminaljustice.com/what-determines-a-vehicular-homicide-sentence-from-dwi/)

**Published:** August 12, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![homicide](https://texascriminaljustice.com/wp-content/uploads/2024/08/Diaz-3-What-Determines-A-Vehicular-Homicide-Sentence-From-DWI_August-2024.jpg "homicide")

## Understanding DWI Vehicle Homicide Charges Under Texas Penal Code Section 49.08

When you’re facing charges for driving while intoxicated (DWI) or the more severe DWI vehicle homicide in Texas, it’s not just a legal matter, it’s a life-altering event. As a seasoned criminal defense attorney based in Galveston, Texas, I understand the complexities and nuances of these charges and the severe consequences they carry. My goal is to provide you with a clear understanding of what you’re up against and how a dedicated defense strategy can help you navigate these challenging times.

## What Is DWI In Texas?

Driving while intoxicated, commonly known as DWI, is a serious offense in Texas. According to Texas law, a person commits a DWI offense if they are intoxicated while operating a motor vehicle in a public place. Intoxication is defined as not having the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination thereof, or having a blood alcohol concentration (BAC) of 0.08% or higher.

The [penalties for a DWI in Texas](https://www.txdot.gov/safety/driving-laws/impaired-driving.html) are severe and can include fines, imprisonment, community service, mandatory alcohol education classes, and license suspension. For a first-time offender, the penalties might include

- a fine up to $2,000,
- jail time ranging from three to 180 days, and
- a license suspension for up to a year.

However, the consequences escalate with subsequent offenses.

## Understanding DWI Vehicle Homicide

DWI vehicle homicide, also known as [intoxication manslaughter](/what-happens-when-a-dwi-becomes-vehicular-homicide/), is an even more serious charge. This occurs when an intoxicated driver causes an accident that results in the death of another person, including passengers, pedestrians, or other drivers. Under Texas Penal Code Section 49.08, intoxication manslaughter is classified as a second-degree felony, which carries a potential prison sentence of 2 to 20 years and a fine up to $10,000.

The emotional and legal ramifications of a DWI vehicle homicide charge are profound. If you find yourself facing such charges, it’s crucial to understand that the prosecution will pursue the case aggressively, seeking to impose the maximum penalties. This is why having an experienced criminal defense attorney by your side is indispensable. With the right representation, you can navigate these challenging times with confidence.

## The Criminal Justice Case Process In Texas

The criminal justice process in Texas is intricate, and each step is critical in building a solid defense. Here’s a breakdown of the process and how a defense attorney can assist at each stage:

### Arrest And Initial Detention

The process begins with the arrest, where the law enforcement officers will take you into custody if they believe you are driving while intoxicated or if you are involved in an accident resulting in death. During this time, it is essential to exercise your right to remain silent and request an attorney immediately.

As your attorney, I would work to secure your release from custody, whether through bail or bond. I would also advise you on how to handle police questioning and ensure that your rights are protected. Early intervention can sometimes mean the difference between remaining in detention or being released while awaiting trial.

### Arraignment

The arraignment is your first court appearance, where the charges against you are formally read, and you enter a plea of guilty, not guilty, or no contest. At this stage, I would provide you with a thorough understanding of the charges and potential consequences, helping you make an informed decision about your plea.

### Pre-Trial Motions And Discovery

During the pre-trial phase, both sides will file motions, and the discovery process begins. Discovery involves the exchange of evidence between the defense and the prosecution. This can include police reports, witness statements, and any other relevant materials.

I would diligently review all evidence, identifying any inconsistencies or procedural errors that could work in your favor. Filing pre-trial motions can also help suppress evidence obtained unlawfully or argue for the dismissal of charges based on legal technicalities.

Plea Bargaining

In some cases, it may be beneficial to negotiate a plea bargain with the prosecution. This involves pleading guilty to a lesser charge in exchange for a reduced sentence. As your advocate, I would negotiate aggressively on your behalf, seeking the best possible outcome given the circumstances.

### Trial

If a plea bargain cannot be reached, the case proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury. I would construct a robust defense, cross-examining witnesses, challenging the prosecution’s evidence, and presenting a compelling case for your innocence or mitigating factors.

### Sentencing

If you are found guilty, the case moves to the sentencing phase, where the judge determines the appropriate punishment. I would argue for leniency, presenting evidence of your character, mitigating circumstances, and any other factors that could reduce your sentence.

## FAQs About DWI And DWI Vehicle Homicide In Texas

### What should I do if I’m pulled over for a suspected DWI?

If you’re pulled over, it’s crucial to remain calm and respectful. Provide the requested documents (license, registration, proof of insurance), but avoid making any incriminating statements. Politely decline any field sobriety tests and request to speak with an attorney immediately.

### Can I refuse a breathalyzer or blood test?

Under Texas’s implied consent law, refusing a breathalyzer or blood test can result in an automatic license suspension. However, you have the right to refuse. If you do, law enforcement may seek a warrant to compel you to submit to testing.

### What are the potential defenses against a DWI charge?

Several defenses can be employed in a DWI case, including questioning the validity of the traffic stop, the accuracy of the breathalyzer or blood test, and the procedures followed by law enforcement. Other potential defenses could involve challenging the field sobriety tests or arguing that the driver’s impairment was not the cause of the accident. Each case is unique, and a tailored defense strategy is essential.

### How can an attorney help with a DWI vehicle homicide charge?

An attorney can provide critical support in a DWI vehicle homicide case by thoroughly investigating the incident, challenging the prosecution’s evidence, and presenting mitigating factors. With the right defense strategy, the goal is to achieve the best possible outcome, whether through a reduction in charges or a not-guilty verdict.

### What are the long-term consequences of a DWI conviction?

A DWI conviction can have long-lasting effects, including a permanent criminal record, increased insurance rates, difficulty finding employment, and loss of driving privileges. It’s essential to understand these consequences and fight to protect your future. An experienced attorney can help mitigate these consequences by building a strong defense and seeking the best possible outcome for your case.

### What happens if I’m convicted of intoxication manslaughter?

If convicted of intoxication manslaughter, you could face severe penalties, including a prison sentence ranging from 2 to 20 years, a fine up to $10,000, and a potential community service requirement. Additionally, you will have a felony conviction on your record, which can impact your employment opportunities, ability to secure housing, and your reputation within the community. It’s critical to work with an experienced attorney to explore all possible defenses and mitigate the consequences.

### Can I get a DWI charge expunged from my record?

In Texas, DWI convictions are generally not eligible for expunction. However, if your case was dismissed, you were acquitted, you may be eligible for expunction. It’s important to discuss your specific situation with a knowledgeable attorney to understand your options.

### What factors can affect the severity of my sentence?

Several factors can influence the severity of your sentence for a DWI or DWI vehicle homicide conviction. These include your prior criminal history, the level of intoxication, whether there were any aggravating circumstances (such as having a minor in the vehicle), and the impact of the incident on victims and their families. Your attorney can present mitigating evidence and arguments to seek a more lenient sentence based on the unique circumstances of your case.

### How long will my driver’s license be suspended if I’m convicted?

The length of your driver’s license suspension depends on several factors, including whether it’s your first offense and if there were any aggravating circumstances. For a first-time DWI offense, the suspension period can range from 90 days to 1 year. If you refuse a chemical test, the suspension can be longer. For intoxication manslaughter, the suspension period is typically longer, reflecting the seriousness of the offense.

### Can I still drive if my license is suspended?

If your license is suspended, you may be eligible for an occupational driver’s license (ODL), which allows you to drive for essential purposes such as work, school, or medical appointments. Obtaining an ODL involves filing a petition with the court and meeting certain requirements. Your attorney can assist you in the process to ensure you comply with all legal requirements and maintain your ability to drive legally.

### What should I do immediately after being involved in an accident while intoxicated?

If you are involved in an accident while intoxicated, the first priority should be to ensure the safety and well-being of all parties involved. Call emergency services and seek medical attention if needed. Avoid making any statements about your intoxication level or fault for the accident. Contact an attorney as soon as possible to protect your rights and begin building your defense.

### Will my insurance rates increase if I’m convicted of DWI or intoxication manslaughter?

Yes, a conviction for DWI or intoxication manslaughter will likely lead to a significant increase in your auto insurance premiums. In some cases, your insurance provider may even cancel your policy. It’s crucial to address these charges aggressively to minimize their impact on your driving record and insurance costs.

## Why Choose Mark Diaz & Associates?

Facing a DWI or DWI vehicle homicide charge is a life-altering experience. It would be best if you had a dedicated and experienced legal team to stand by your side and fight for your rights. At Mark Diaz & Associates, we have a proven track record of successfully defending clients against serious criminal charges. Our deep understanding of [Texas law](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm), coupled with our commitment to personalized client care, sets us apart.

We believe in a client-centered approach, ensuring that you are informed and involved in every step of your defense. Our legal team is available to answer your questions, address your concerns, and provide the support you need during this challenging time. We pride ourselves on our aggressive advocacy and our unwavering dedication to achieving the best possible outcome for our clients.

## Call Our Galveston Homicide Attorneys For Your Free Consultation

If you or a loved one is facing DWI or DWI vehicle homicide charges, don’t wait. Contact our [Galveston homicide attorneys](/homicide/) at Mark Diaz & Associates at 409-515-6170 to [receive your free consultation](/landing-form/). Our experienced Texas criminal defense attorneys are ready to discuss your case and help you understand your options. We represent clients in Galveston, Texas, and throughout Galveston, Chambers, and Harris Counties. Let us put our extensive experience and proven track record to work for you. Your future is too important to leave to chance. Call now and take the first step toward protecting your rights and securing the best possible outcome.

**Categories:** Homicide Attorney

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### [The Severity of Drug Possession Charges in Texas](https://texascriminaljustice.com/the-severity-of-drug-possession-charges-in-texas/)

**Published:** August 19, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2024/08/Diaz-4-The-Severity-Of-Drug-Possession-Charges-In-Texas_August-2024.jpg "drug possession")Understanding the severe consequences of drug possession charges in Texas is paramount for anyone facing such accusations. Texas is renowned for its stringent drug laws, which can lead to life-altering penalties for those found guilty. As a seasoned criminal defense attorney, I’ve witnessed the overwhelming stress these charges can inflict on my clients. My primary objective is to navigate you through the complexities of Texas drug laws, ensuring you comprehend the severity of your situation and how I can provide the necessary legal support to you or your loved one’s case.

## The Legal Landscape of Drug Possession in Texas

In Texas, drug possession laws are stringent, reflecting the state’s tough stance on illegal substances. Possession charges can range from misdemeanors to felonies, depending on the type and quantity of the drug involved. The [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm) classifies drugs into different penalty groups, each with specific guidelines for prosecution and sentencing.

### Penalty Groups and Associated Consequences

**Penalty Group 1** – This group includes substances such as cocaine, heroin, methamphetamine, and other opioids. Possession of less than one gram of a [Penalty Group 1](/penalty-group-1-of-texas-controlled-substance-penalty-groups/) substance is classified as a state jail felony, punishable by 180 days to two years in a state jail and a fine of up to $10,000. The severity increases significantly with larger quantities, leading to substantially longer prison sentences and increased fines.

**Penalty Group 2 –** This group covers drugs like MDMA (ecstasy) and certain hallucinogens. Possession of less than one gram of a [Penalty Group 2](/what-are-the-penalties-for-possession-of-a-controlled-substance-in-texas/) substance is also considered a state jail felony, with similar penalties to those discussed above in Penalty Group 1. Larger quantities can lead to more severe charges, including first-degree felonies for amounts over 400 grams.

**Penalty Groups 3 and 4** – These [penalty groups](/list-of-drug-charges-and-sentencing-in-texas/) include drugs with lower potential for abuse, such as certain prescription medications. Possession of small amounts is typically charged as a Class A misdemeanor, which can result in up to one year in county jail and a fine of up to $4,000. Larger quantities can escalate to felony charges.

## The Impact of Drug Possession Charges

A drug possession charge in Texas can have life-altering consequences. Beyond the immediate legal penalties, a conviction can affect various aspects of your life, including employment, housing, and personal relationships. Employers and landlords often conduct background checks, and a drug conviction can limit your opportunities significantly. Additionally, a drug possession conviction can result in the suspension of your driver’s license and the loss of certain civil rights, such as the right to vote or own a firearm.

## How a Criminal Defense Attorney Can Help

Navigating the complexities of the Texas legal system requires skilled legal representation. As your criminal defense attorney, my role is to ensure your rights are protected and to provide a robust defense strategy tailored to your specific case. Here’s how I can assist you at each step of the criminal justice process:

### Initial Arrest and Investigation

When you’re arrested for drug possession, the police will conduct an investigation to gather evidence against you. This includes searching your property, questioning witnesses, and analyzing the substances found. My first step is to review the circumstances of your arrest to ensure that your constitutional rights were not violated. Any evidence obtained unlawfully can be challenged and potentially excluded from your case.

### Pre-Trial Proceedings

During the pre-trial phase, I will work to negotiate with the prosecution. This may involve seeking a reduction of charges or an outright dismissal if the evidence against you is weak. Pre-trial motions, such as motions to suppress evidence, can be crucial in shaping the outcome of your case. My experience allows me to identify and leverage these opportunities effectively, giving you the best chance for a positive resolution.

### Trial Preparation and Defense

If your case proceeds to trial, thorough preparation is essential. This includes gathering evidence, interviewing witnesses, and developing a solid defense strategy. Whether challenging the prosecution’s evidence or presenting alternative explanations, my focus is on creating reasonable doubt. My goal is to present a compelling case that convinces the jury that you are not guilty or highlights procedural flaws that warrant dismissal or reduction of charges. You can be confident that every aspect of your defense will be meticulously planned and executed.

### Post-Trial and Sentencing

If you are convicted, the sentencing phase determines the penalties you will face. I will advocate for the most favorable outcome, considering factors like your criminal history, the specifics of the offense, and any mitigating circumstances. My aim is to minimize the impact on your life, seeking alternatives to incarceration when possible, such as probation or treatment programs. You can rest assured that I will do everything in my power to secure the best possible outcome for you.

## FAQ’s On Drug Possession Charges in Texas

### What constitutes drug possession in Texas?

In Texas, drug possession is defined as having control over a controlled substance, whether it is on your person, in your vehicle, or at your residence. The law requires that you knowingly or intentionally possess the substance. Mere proximity to drugs is not enough to prove possession; there must be evidence that you had care, custody, and control over the drugs and were aware of their presence.

### Can a drug possession charge be reduced or dismissed?

Yes, there are several ways a drug possession charge can be reduced or dismissed. If the police violated your rights during the arrest or investigation, any evidence obtained as a result may be inadmissible in court. Additionally, if there are weaknesses in the prosecution’s case, such as insufficient evidence or unreliable witnesses, I can negotiate for a lesser charge or dismissal. Diversion programs or plea agreements are also potential avenues for reducing charges.

### What are the potential defenses for drug possession charges?

Common defenses for drug possession charges include challenging the legality of the search and seizure, disputing the facts that support the required element of “possession”, and questioning the accuracy of the drug testing process. Additionally, if you were coerced into possessing the drugs or were unaware of their presence, these can be viable defenses. Each case is unique, and I will tailor the defense strategy to the specific facts and circumstances of your situation.

### How does a conviction affect my future?

A drug possession conviction can have far-reaching consequences beyond the legal penalties. It can impact your employment opportunities, as many employers conduct background checks and may be hesitant to hire someone with a criminal record. It can also affect your housing options, as landlords may be reluctant to rent to individuals with a drug conviction.

Additionally, a conviction can lead to the suspension of your driver’s license and the loss of certain civil rights, such as the right to vote or own a firearm. Understanding these potential consequences underscores the importance of seeking immediate legal assistance.

### What is the difference between simple possession and possession with intent to distribute?

In Texas, simple possession refers to having a controlled substance for personal use. The penalties for simple possession depend on the type and quantity of the drug. On the other hand, possession with intent to distribute implies that you had the controlled substance with the intention of selling or distributing it.

This charge is more severe and can result in harsher penalties, including longer prison sentences and higher fines. Evidence such as the quantity of drugs, packaging materials, scales, large amounts of cash, or communication indicating drug sales can support a charge of possession with intent to distribute.

### Can drug possession charges be expunged from my record in Texas?

An expunction, or the process of deleting a criminal arrest record, is possible in certain situations in Texas, but it is not available for all people who have been charged with drug possession cases. Generally, if your case was dismissed, you were acquitted, or you completed a pretrial diversion program successfully, you might be eligible for an expunction. Keep in mind that applying for an expunction is a wholly separate process than the handling of the criminal case. An experienced attorney in expunction law can assist you on how to navigate the complexities of applying for and hopefully receiving an expunction order.

However, if you were convicted, getting an expunction is not typically an option. With than being said, each case is unique. When in doubt, it is always a good idea to ask someone who knows – we handled these types of issues regularly, so if you have questions, we can help you understand your options for clearing your record.

### What are the potential penalties for a first-time drug possession offense?

For first-time offenders, the penalties for drug possession in Texas can vary widely based on the type and amount of the controlled substance. For example, possession of less than two ounces of marijuana is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.

For more serious drugs in higher quantities, even a first-time offense can result in felony charges with significant prison time and hefty fines. Additionally, first-time offenders might be eligible for diversion programs or probation, which can help avoid incarceration. Whether this may or may not be available sometimes comes down to the county your charges are in. Regardless, I will work to achieve the most favorable outcome for your specific situation.

### Can I get probation instead of jail time for a drug possession charge?

Yes, it is possible to receive probation instead of jail time for a drug possession charge in Texas, particularly for first-time offenders or those charged with possessing small amounts of a controlled substance. Probation allows you to serve your sentence under supervision in the community instead of in jail, often with conditions such as regular drug testing, attending drug education or treatment programs, and maintaining employment.

The likelihood of receiving probation depends on several factors, including the nature of the offense, your criminal history, and the circumstances of your case. As your attorney, I will advocate for probation or other alternatives to incarceration whenever possible to minimize the impact on your life.

## Why Choose Mark Diaz & Associates?

Facing drug possession charges in Texas is a daunting experience, but you don’t have to go through it alone. At Mark Diaz & Associates, we understand the severity of these charges and the impact they can have on your life. Our firm has a proven track record of successfully defending clients against a wide range of criminal charges, including drug possession.

When you choose Mark Diaz & Associates, you’re choosing a law firm that is committed to fighting for your rights and your future. We take a personalized approach to every case, ensuring that you receive the individual attention and dedicated representation you deserve. Our extensive experience in criminal defense allows us to navigate the complexities of the legal system and develop effective defense strategies tailored to your unique situation.

## Call Our Galveston County Drug Possession Defense Lawyers for a Free Consultation

If you’re facing drug possession charges in Galveston, Brazoria, or Harris County, don’t wait to seek legal help. Contact our [Galveston County drug possession defense lawyers](/drug-possession/) at Mark Diaz & Associates at 409-515-6170 to receive your free consultation. We are here to provide the support and representation you need to protect your rights and your future. Let us fight for you.

**Categories:** Drug Possession Defense Lawyer

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### [How to Challenge Breathalyzer and Blood Test Results in Texas DWI Cases](https://texascriminaljustice.com/how-to-challenge-breathalyzer-and-blood-test-results-in-texas-dwi-cases/)

**Published:** August 26, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2024/08/Diaz-1-How-to-Challenge-Breathalyzer-and-Blood-Test-Results-in-Texas-DWI-Cases_Sep-2024.jpg "DWI")If you’re facing a DWI charge in Texas, one of the most critical aspects of your defense will revolve around the breathalyzer and blood test results that constitute the primary evidence against you. As a seasoned Galveston DWI attorney at Mark Diaz & Associates, I understand the anxiety and confusion that comes with being charged with a [DWI](https://www.dps.texas.gov/section/driver-license/alcohol-related-offenses#:~:text=Driving%20While%20Intoxicated%20(DWI)%20for,hour%20DWI%20Intervention%20Program%2C%20or). Knowing how to challenge these test results effectively can significantly impact the outcome of your case, potentially leading to a more favorable result. In this discussion, I’ll walk you through various strategies and considerations that could play a crucial role in contesting the results provided by [breathalyzer and blood tests](/what-happens-if-i-refuse-a-breathalyzer-test-in-texas/).

## Understanding The Significance Of Test Results

In Texas, as in many states, driving with a Blood Alcohol Concentration (BAC) of [0.08% or higher is illegal](https://www.txdot.gov/safety/driving-laws/impaired-driving.html). The results from breathalyzer and blood tests are typically the cornerstone of the prosecution’s case, purportedly showing that you were over the legal limit. However, these tests are not infallible. Challenging their accuracy and the manner in which they were administered can form a strong defense.

## Common Grounds For Challenging Test Results

1\. **Device Calibration and Maintenance** – One of the first areas to scrutinize is whether the breathalyzer used was properly calibrated and maintained. Texas law requires that these devices undergo regular maintenance and calibration checks to ensure accuracy. Failure to adhere to these requirements can render test results unreliable.

2\. **Operator Error** – The accuracy of a breathalyzer test also depends significantly on the operator’s competence. Errors in administration, from improper timing to incorrect handling, can significantly affect the outcome. Demonstrating operator error can be a pivotal part of your defense.

3\. **Physiological and Environmental Factors** – Various physiological and environmental factors can skew breathalyzer results. For instance, diets, medical conditions such as GERD (Gastroesophageal Reflux Disease), or even the use of certain mouthwashes containing alcohol can lead to falsely high readings. Similarly, the presence of certain chemicals or fumes in the environment where the test was conducted could impact results.

4\. **Blood Test Contamination and Mishandling** – When it comes to blood tests, the potential for contamination or mishandling is significant. From the moment the blood is drawn to its storage and analysis, strict protocols must be followed. Any deviation from these protocols can contaminate the sample, leading to inaccurate results.

5\. **Chain of Custody Issues** – For evidence to be considered reliable in court, the chain of custody must be clear and uninterrupted. If there are any lapses or ambiguities in how the blood sample was handled or stored, its integrity can be effectively challenged.

## Developing A Defense Strategy

Building a defense against flawed test results involves a meticulous examination of the technical details and the procedures followed during your arrest and testing. As your attorney, my approach includes:

**Reviewing all procedural documentation** – Ensuring that all legal and procedural requirements were met during your testing and arrest.

**Consulting scientific experts** – Working with forensic toxicologists and other experts who can testify about irregularities in your test results and the potential for error.

**Gathering supplementary evidence** – This might include video footage from the arrest or witness statements that can support claims of procedural errors or contest the state’s version of events.

## FAQs About Challenging DWI Test Results In Texas

### How accurate are breathalyzer tests?

Breathalyzer tests can be influenced by various factors, including the device’s calibration, the operator’s handling, and external influences. They are not foolproof.

### Can medical conditions affect breathalyzer results?

Yes, medical conditions like GERD, diabetes, and even certain diets can lead to falsely high BAC readings on a breathalyzer.

### What should I do if I think my blood test was mishandled?

If you suspect any mishandling or contamination of your blood sample, it’s essential to convey this to your attorney, who can investigate and potentially use it as a part of your defense.

### Is it possible to get a DWI charge dismissed?

Yes, if the evidence against you, including test results, can be effectively challenged or if procedural errors are proven, it is possible to have DWI charges reduced or even dismissed. This possibility should give you hope and encourage you to explore all available defense strategies.

### How quickly should I contact an attorney after a DWI arrest?

It is advisable to contact an attorney as soon as possible after your arrest to ensure that your rights are protected throughout the legal process and to allow your attorney adequate time to build a strong defense.

### Do I have the right to refuse a breathalyzer or blood test in Texas?

In Texas, you do have the right to refuse a breathalyzer or blood test, but this refusal comes with consequences. Under Texas’s implied consent law, refusal can lead to automatic suspension of your driver’s license and can also be used against you in court. However, in some cases, refusal might prevent the provision of direct evidence of intoxication, which could influence the approach and strategy of your defense.

### What happens if the breathalyzer was not calibrated properly?

Suppose it can be demonstrated that the breathalyzer was not calibrated according to the required standards and schedules. In that case, the results of the test may be deemed unreliable and thus inadmissible in court. This requires detailed legal and technical challenges that your attorney can manage by scrutinizing maintenance records and calibration logs.

### Can errors in the blood testing process really affect the outcome of a DWI case?

Errors in the blood testing process can significantly affect the reliability of the evidence presented in a DWI case. This can include but is not limited to contamination, improper handling, and issues with the chain of custody. Each of these factors can be grounds to challenge the admissibility of the blood test results, potentially leading to a more favorable outcome for your case.

An expert witness, such as a forensic toxicologist, can play a crucial role in your defense against a DWI charge by providing testimony on the potential inaccuracies and the scientific aspects of the breathalyzer or blood test results. They can offer insights into how various factors might have influenced the test results, thereby casting doubt on the evidence used to support your charges.

### How can I ensure the best outcome in my DWI case?

The best way to ensure a favorable outcome in your DWI case is to work with a knowledgeable and experienced DWI attorney who understands the complexities of DWI law and the science behind intoxication testing. An attorney can help develop a comprehensive defense strategy, including challenging the reliability of breathalyzer and blood test results.

### What if I was on medication at the time of the DWI test?

Medications can sometimes interfere with breathalyzer tests, producing false positives. If you were on medication at the time of your test, it’s important to inform your attorney. This information can be crucial in building a defense, as your lawyer may need to provide evidence or expert testimony regarding the effects of your medication on the breathalyzer results.

### What should I do immediately after a DWI arrest in Texas?

Immediately after a DWI arrest, it is crucial to remember your rights. You have the right to remain silent and the right to an attorney. Avoid discussing the details of your case with the police without your attorney present. Politely decline to answer questions until you have legal representation. Contact a DWI attorney as soon as possible to begin forming your defense, especially before any court appearances.

### Can a DWI conviction be expunged from my record in Texas?

In Texas, a DWI conviction cannot typically be expunged from your record unless the charge was dismissed or you were acquitted. Texas law is quite strict on this matter. However, in some cases, you may be eligible for a nondisclosure order after a certain period, which can seal your record from public view under specific circumstances.

### How long do DWI penalties affect my driving record in Texas?

A DWI conviction in Texas can have long-lasting effects on your driving record. Generally, a DWI remains on your driving record for life. This can impact your insurance rates and has potential implications for employment, especially if your job requires driving.

### Are there alternative penalties for first-time DWI offenders in Texas?

First-time DWI offenders in Texas may have options for lighter or alternative penalties, depending on the specifics of their case and judicial discretion. These can include probation, community service, mandatory alcohol education programs, and the installation of an ignition interlock device on their vehicle. Each case is unique, so it’s important to discuss your situation with a knowledgeable DWI attorney who can guide you on the best course of action.

### Does having a passenger in the vehicle affect the severity of a DWI charge?

Yes, having a passenger, particularly a minor (someone under the age of 15), in the vehicle at the time of a DWI arrest can increase the severity of the charges in Texas. This situation can lead to additional charges, such as child endangerment, which carry heavier penalties and more significant consequences.

## Contact Our Galveston DWI Attorney To Receive Your Free Consultation

If you find yourself facing a DWI charge in Texas and have concerns about the validity of your breathalyzer or blood test results, don’t hesitate to seek legal guidance. At Mark Diaz & Associates, we are committed to defending your legal rights and ensuring that all evidence against you is scrutinized thoroughly. With our experience and dedicated approach, we aim to achieve the best possible outcome for your case. Call our [Galveston DWI attorney](/dwi-charges/) at Mark Diaz & Associates at 409-515-6170 to [receive your free consultation](/landing-form/) and start building a solid defense with a team that stands for justice and fairness.

**Categories:** DWI Attorney

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### [How To Defend Against a Burglary of a Habitation Charge in Galveston](https://texascriminaljustice.com/how-defend-against-a-burglary-of-a-habitation-charge-in-galveston/)

**Published:** September 2, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![burglary of habitation](https://texascriminaljustice.com/wp-content/uploads/2024/09/Diaz-2-How-Defend-Against-a-Burglary-of-a-Habitation-Home-Invasion-Charge-in-Galveston-Texas_Sep-2024.jpg "burglary of habitation")Being accused of a burglary of a habitation, commonly known as a home invasion, in Galveston, Texas, is a serious matter that can significantly impact your life. Understanding the intricacies of Texas law on burglary, knowing your rights, and devising effective defense strategies are crucial steps to safeguard your future. As a seasoned Galveston burglary defense attorney, I am dedicated to assisting you during this challenging period and providing the defense you deserve.

## Understanding Burglary Of A Habitation Charge

In Texas, burglary of a habitation is defined under [Texas Penal Code §30.02](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm). The statute classifies this offense as unlawfully entering a habitation, or a place where people live, with the intention to commit a felony, theft, or an assault inside or remaining concealed with the same intentions. Unlike other forms of burglary, a charge involving a habitation is particularly serious due to the invasion of the personal living space, which the law protects stringently.

A conviction for burglary of a habitation can lead to severe penalties, including significant prison time. The charge typically results in a second-degree felony. Still, it can escalate to a [first-degree felony](https://www.findlaw.com/state/texas-law/texas-burglary-and-criminal-trespass-laws.html) if it is alleged that any party intended to commit or committed a felony other than theft, such as an assault. The potential consequences are not to be taken lightly.

## Key Defense Strategies Use In Burglary Cases

### Challenging the Intent to Commit a Crime

One of the core elements of a burglary charge is the intent to commit a crime once inside the habitation. If we can demonstrate that there was no intent to commit a felony, theft, or assault, this can be a powerful defense.

### Mistaken Identity or Wrong Place, Wrong Time

In some cases, defendants are misidentified as the person who committed the crime. We can use alibis, surveillance footage, and witness testimony to establish that you were not involved.

### Lack of Evidence

The prosecution must prove beyond a reasonable doubt that you committed each element of the offense. We can challenge the reliability and sufficiency of the evidence presented, from questioning the methods by which evidence was collected to the credibility of witness statements.

### Consent to Enter

If it can be shown that you had permission to enter the premises, the basis of the burglary charge may be undercut. This defense involves proving that you had a reasonable belief that you were allowed to enter.

### Duress or Coercion

If you were forced to commit the act under threat or coercion, this defense might be applicable. Demonstrating that you were compelled to act against your will can be crucial in your defense.

## The Role Of Expert Witnesses In Your Defense

In complex burglary cases, particularly those involving technical evidence or sophisticated allegations, expert witnesses can play a crucial role in your defense. These experts can offer insights into DNA evidence, the reliability of digital security systems, or the validity of forensic methods used during the investigation. For instance, if the case against you includes video surveillance, a forensic video analyst can assess the video’s authenticity and accuracy, potentially challenging its admissibility or interpretation.

Expert testimony can also be invaluable in explaining to a jury why evidence that seems incriminating might not be conclusive. For example, a forensic psychologist might provide insight into your state of mind or intent, which are critical factors in a burglary case, especially if the intent to commit a further crime is a disputed element. By incorporating expert analyses, we can strengthen your defense by challenging the prosecution’s narrative with scientifically backed counterarguments.

## Long-Term Impacts Of A Burglary Conviction

A conviction for burglary of a habitation doesn’t just lead to immediate legal penalties; it carries long-term consequences that can affect your life well beyond a prison sentence. A felony conviction can impact your ability to find employment, secure housing, obtain educational loans, and even limit your rights as a citizen, such as voting or owning firearms. Given these stakes, it’s essential to handle these charges with the seriousness they deserve and ensure your defense strategy is as robust as possible.

At Mark Diaz & Associates, we believe in a holistic approach to defense that considers not only the legal strategy but also the support you may need throughout the process. We can connect you with community resources for emotional and psychological support, as well as programs designed to help individuals reintegrate into society if they have been previously incarcerated. We understand that facing a burglary charge can be a stressful experience, and we are here to support you in every possible way.

## Navigating Plea Bargains And Sentencing

Sometimes, the best course of action in a burglary case may involve negotiating a plea bargain. This is often considered if the evidence against you is overwhelming or if the potential penalties for a conviction at trial are excessively severe. Negotiating a plea can result in reduced charges or a lighter sentence. As your attorney, I would assess the strength of the prosecution’s case, the risks of going to trial, and your personal circumstances before advising on such a decision.

It is crucial that any plea deal is made with a full understanding of its implications and that it is in your best interest. Should a case go to sentencing, we also prepare thoroughly to argue for the minimum possible penalties, presenting mitigating factors and advocating for alternatives to incarceration where appropriate, such as probation or rehabilitation programs.

## Building A Strong Defense

The key to a strong defense lies not only in understanding these strategies but in how well they are adapted to the specifics of your case. Each case is unique, and a personalized approach is necessary. Gathering all facts, scrutinizing every piece of evidence, and constructing a defense that considers every angle is critical.

I approach every case with a commitment to diligence and a deep understanding of the law’s complexities. With decades of experience defending clients in Galveston, Texas, my focus is on ensuring that your rights are protected and that you receive a fair trial.

## FAQs About Defending Against Burglary Charges In Galveston, Texas

### What should I do first if I am charged with burglary of a habitation?

Immediately contact a defense attorney. Early intervention is critical to developing an effective defense strategy and navigating the legal challenges ahead. It’s also advisable to refrain from discussing your case with anyone other than your lawyer, including on social media, as these comments can be used against you.

### Can I be charged with burglary if I did not steal anything?

Yes, burglary charges can stem simply from unlawful entry with the intent to commit any felony, theft, or assault, regardless of whether anything was actually stolen or any further crime was committed. It’s the intention that plays a crucial role in these charges, not necessarily the completion of the theft or felony.

### What are the penalties for a burglary of a habitation charge in Texas?

Burglary of a habitation is generally charged as a second-degree felony, which carries a penalty of 2 to 20 years in prison. However, if it involves an intended or actual felony other than theft, it could escalate to a first-degree felony, with penalties ranging from 5 to 99 years or life in prison. Sentencing can also involve fines and will depend on various factors, including past criminal history, the circumstances of the burglary, and whether any assault occurred during the incident.

### How can an attorney help with my burglary charge?

An experienced criminal defense attorney can challenge the prosecution’s evidence, argue for reduced charges, negotiate plea deals, or represent you at trial to seek a not-guilty verdict. They play an essential role in navigating the legal system and protecting your rights throughout the process. They can also help manage court appearances, motions, and all legal paperwork involved in your case.

### What defenses are available for someone charged with burglary of a habitation?

Defenses to burglary charges in Texas can vary widely but may include proving that you had no intent to commit a crime upon entering, that you had permission to enter the property, mistaken identity, or that your actions were not sufficient to constitute a burglary. Each case is unique, and a defense strategy should be tailored to the specific facts and evidence of your situation.

### Contact Our Galveston Burglary Defense Attorney For Your Free Consultation

If you or someone you know is facing a burglary of a habitation charge in Galveston, Texas, do not hesitate to contact Mark Diaz & Associates. With our extensive experience and compassionate approach, we are ready to help you build an effective defense and strive for the best possible outcome in your criminal case. Contact our [Galveston burglary defense attorney](/burglary-robbery-theft/) at Mark Diaz & Associates at 409-515-6170 to [receive your free consultation](/landing-form/) and begin the process of protecting your legal rights and your future.

**Categories:** Burglary Defense Attorney

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### [What is the Texas Controlled Substances Act?](https://texascriminaljustice.com/what-is-the-texas-controlled-substances-act/)

**Published:** September 9, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![controlled substances](https://texascriminaljustice.com/wp-content/uploads/2024/09/Diaz-3-What-is-the-Texas-Controlled-Substances-Act_-Sep-2024.png "controlled substances")If you find yourself facing drug possession charges in Texas, grasping the fundamentals of the Texas Controlled Substances Act is crucial. This state-specific law categorizes various drugs and substances and outlines the legal consequences associated with their possession, distribution, or manufacturing. As an experienced Galveston drug possession lawyer, I have guided numerous clients through the intricacies of this legislation, helping them to effectively address the charges they face. Let’s break down what the Texas Controlled Substances Act entails and what you need to know if you are navigating through a drug-related legal matter.

## Overview Of The Texas Controlled Substances Act

The [Texas Controlled Substances Act](https://texas.public.law/statutes/tex._health_and_safety_code_title_6_subtitle_c_chapter_481) is designed to regulate the possession, use, manufacturing, and distribution of certain drugs and chemicals. This act classifies substances into different “[schedules](https://www.pharmacy.texas.gov/consumer/broch2.asp)” based on their potential for abuse, medical use, and safety or dependence liability. Understanding these schedules is vital, as they largely determine the severity of the charges and penalties one might face.

- **Schedule I** – Includes substances with the highest abuse and potential for psychological and/or physical dependence. Examples include heroin and more.
- **Schedule II** – Substances with a high potential for abuse, which may lead to severe psychological or physical dependence, such as cocaine, methamphetamine, and certain opioids.
- **Schedule III** – Drugs with a lower potential for abuse than Schedule II substances and moderate or low physical dependence or high psychological dependence, including products containing less than 90 milligrams of codeine per dosage unit (like Tylenol with codeine), anabolic steroids, and more.
- **Schedule IV** – Drugs with a lower potential for abuse than Schedule III substances, including Xanax, Soma, and similar medications.
- **Schedule V** – Substances containing limited quantities of certain narcotics, mostly used for antidiarrheal, antitussive, and analgesic purposes, such as cough preparations with less than 200 milligrams of codeine per 100 milliliters or per 100 grams.

## Penalties Under The Texas Controlled Substances Act

The penalties for violating the Texas Controlled Substances Act are not to be taken lightly. They can be severe and life-altering, depending on several factors such as the amount of the substance involved, the penalty group the drug falls in, and the specific circumstances of the case. For instance, possession near a school zone or possession with intent to distribute can significantly escalate the severity of the penalties.

- **Possession** – Penalties can range from a fine and a short jail term for possession of a small amount of a less serious controlled substance to lengthy prison terms for larger amounts of more dangerous substances.
- **Distribution and Manufacturing** – These offenses typically carry heavier penalties, including long prison sentences, particularly if they involve more serious substances

Given the complexity and the severe consequences of drug-related offenses under this law, having a knowledgeable attorney is crucial. Legal guidance is not just about navigating through the legal process; it’s about protecting your rights, understanding your options, and working toward the best possible outcome. The legal process typically involves arrest, arraignment, pre-trial motions, trial, and sentencing. Each stage has its own procedures and potential outcomes, and it’s important to be prepared for each step.

## Frequently Asked Questions About The Texas Controlled Substances Act

### What should I do if I’m arrested for drug possession under the Texas Controlled Substances Act?

Immediately seek legal representation. Only discuss your case with the police once your attorney is present.

### How can a drug possession charge affect my future?

A drug possession conviction (or even just the arrest) can impact many areas of your life, including employment opportunities, educational prospects, and personal relationships. It may also lead to severe legal penalties.

### Can drug possession charges be fought in court?

Yes, several defenses can be effective, such as challenging the alleged possession, proving the substance was not intended for use or distribution, or questioning the legality of the search and seizure that led to the discovery of the drugs.

### What is a drug court program?

Texas drug courts offer alternative sentencing programs focusing on rehabilitation rather than punishment for drug offenders. Eligibility typically depends on the nature of the offense and the defendant’s background.

### What defenses are available for drug possession charges in Texas?

There are several defenses that can be utilized depending on the specifics of your case:

- **Lack of Knowledge** – You might argue that you were unaware of the presence of the controlled substance.
- **Lack of Possession** – You could demonstrate that you did not have actual or constructive possession of the substance.
- **Unlawful Search and Seizure** – If the drugs were found during an illegal search, the evidence might be thrown out.
- **Duress** – This defense may be applicable if you were forced to possess the drugs under threat of harm.

### How does Texas classify drug possession charges?

Texas classifies drug possession charges based on the type and amount of the substance. Penalties vary widely, with more severe penalties for higher amounts and more dangerous substances classified from Group 1 (most severe) to Group 4 (least severe) under the Texas Health and Safety Code.

### Can a drug possession charge be reduced or dismissed in Texas?

Yes, charges can sometimes be reduced or dismissed if there is insufficient evidence, if the evidence was illegally obtained, or through plea bargaining. Participation in drug court programs, which focus on rehabilitation, may also result in charges being dropped upon successful completion of the program.

### What impact does a drug possession conviction have on employment in Texas?

A conviction can severely impact your employment opportunities, as many employers are hesitant to hire someone with a drug conviction. It may also lead to professional licensing issues if you are in a regulated profession.

### Is probation a possibility for drug possession charges in Texas?

Yes, probation is often available, especially for first-time offenders and those possessing small amounts of drugs. Conditions typically include regular drug testing, community service, and mandatory participation in drug treatment programs.

### How do drug-free zones affect drug possession charges in Texas?

Possessing drugs within a drug-free zone, such as near schools or daycare centers, can result in enhanced penalties, including increased fines and longer prison sentences.

### What is the difference between possession and intent to distribute in Texas?

Simple possession implies the drugs were for personal use, whereas intent to distribute suggests you planned to sell or distribute the drugs. This charge is usually inferred from possessing large amounts of drugs, scales, baggies, or large amounts of cash. It’s important to note that intent to distribute carries much stiffer penalties than simple possession, so it’s crucial to understand the difference and how it can affect your case.

### What are the implications for students with drug possession convictions in Texas?

Students may face suspension or expulsion from school and may lose eligibility for federal financial aid. It’s crucial to handle such charges with a robust legal defense to protect educational opportunities.

### Can drug possession affect my driving privileges in Texas?

Yes, a drug possession conviction can lead to a suspension of your driving privileges, especially if the offense involved the operation of a vehicle. Reinstating a driver’s license typically requires completion of specific legal and DPS requirements, along with the potential of having to wait out a mandatory suspension period.

### Can I own a firearm if I have a drug possession conviction in Texas?

Federal law prohibits anyone convicted of a felony from possessing firearms. Since some drug possession charges can be felonies, depending on the amount and type of drug, a conviction may affect your right to own or possess a firearm.

### What should I do if I’m stopped by police and I have drugs on me?

It is crucial to remain calm and polite. You have the right to remain silent and the right to an attorney. Exercise these rights and do not consent to any searches without a warrant. Contact an attorney as soon as possible.

### Are there any long-term consequences to a drug possession conviction in Texas?

Beyond immediate legal penalties, a conviction can affect your ability to secure housing, obtain educational loans, and even limit your travel options to some countries. It can also have social implications, affecting personal relationships and community standing.

Facing drug possession charges in Texas can be overwhelming and frightening, but you don’t have to face it alone. With the right defense strategy, it’s possible to mitigate the effects of these charges or even have them dismissed. At Mark Diaz & Associates, we are committed to providing a robust defense for our clients.

## Contact Our Galveston Drug Possession Lawyer For A Free Consultation

Navigating through a drug possession charge under the Texas Controlled Substances Act can be daunting. If you or someone you know is facing such charges, it’s crucial to act swiftly to protect your rights and future. Contact our [Galveston drug possession lawyer](/drug-possession/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Our understanding of Texas drug laws, combined with a commitment to our clients, makes us equipped to handle your case with the care and attention it deserves.

**Categories:** Drug Possession Lawyer

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### [Understanding Search And Seizure Laws In Texas Drug Possession Cases](https://texascriminaljustice.com/understanding-search-and-seizure-laws-in-texas-drug-possession-cases/)

**Published:** September 16, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug possession](https://texascriminaljustice.com/wp-content/uploads/2024/09/Diaz-4-Understanding-Search-and-Seizure-Laws-in-Texas-Drug-Possession-Cases_Sep-2024.jpg "drug possession")In Texas, being charged with drug possession can usher in a tumultuous period filled with uncertainty and anxiety about the future. As an experienced drug possession lawyer in Galveston, Texas, I have encountered numerous individuals grappling with the complexities and potential consequences of their charges. Understanding [Texas search and seizure laws](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm) is crucial not only for navigating your legal journey but also for safeguarding your rights effectively. These laws dictate how evidence can be gathered against you and underpin much of the prosecution’s case in drug-related matters. Here, I will break down these pivotal laws and provide insights on how you can protect yourself if you ever find yourself facing criminal charges.

## The Role Of The Fourth Amendment

The [Fourth Amendment of the U.S. Constitution](https://constitution.congress.gov/constitution/amendment-4/) is a powerful shield against unreasonable searches and seizures by law enforcement. In Texas, this protection is a cornerstone of drug possession cases, setting clear boundaries for law enforcement’s actions. While there are exceptions, particularly in drug cases, understanding this fundamental right is key to navigating the legal system.

## Warrant Requirements And Exceptions

Generally speaking, in order to conduct a search, law enforcement has to get a warrant. This is what we refer to as the “warrant requirement.” A warrant must be based on probable cause and must specify the area to be searched and the items to be seized. In drug possession cases, probable cause could arise from various situations, such as the visible presence of illegal substances or credible tips from informants. However, there are notable exceptions to the warrant requirement that you should be aware of:

1. **Consent** – If an individual voluntarily consents to a search, a warrant is not needed. Consent must be given freely and not coerced.
2. **Plain View Doctrine** – If illegal drugs are clearly visible to an officer, they can be lawfully seized without a warrant.
3. **Search Incident to Arrest** – If you are arrested, police can search you and the immediate area around you without a warrant to ensure their safety or to prevent the destruction of evidence.
4. **Automobile Exception** – Due to the mobile nature of vehicles, courts have allowed the search of a vehicle without a warrant if there is probable cause to believe it contains illegal substances.
5. **Exigent Circumstances** – In situations where waiting for a warrant would likely lead to the destruction of evidence or compromise the safety of others, officers may proceed without a warrant.

In Texas, the severity of drug possession charges can vary significantly based on the type and amount of the substance involved. Penalties can range from fines and probation for possession of small amounts of less dangerous drugs to lengthy prison sentences for more significant amounts of controlled substances like cocaine, methamphetamine, or opioids.

## Defense Strategies In Drug Possession Cases

Several defense strategies can be effective in drug possession cases, depending on the circumstances surrounding the arrest and the evidence obtained:

- **Challenging the Search** – If the search was conducted illegally without a proper warrant or valid exception, any evidence obtained as a result of that search might be excluded from the trial.
- **Questioning the Evidence** – The reliability of the evidence, such as the actual possession of the drugs or the intent to distribute, can be challenged.
- **Proving Lack of Knowledge** – Demonstrating that you were unaware of the presence of controlled substances can be a viable defense.
- **Entrapment** – If law enforcement induced you to commit a crime you would not ordinarily have committed, you might have a defense of entrapment.

## Your Legal Rights And How To Protect Them

When facing drug possession charges in Texas, the best way to protect your rights is to seek the guidance of an experienced attorney. As a lawyer in Galveston dedicated to defending the rights of those accused of drug offenses, I can provide the necessary representation and guidance to navigate these challenging situations. It’s a crucial step that can make a significant difference in your case.

## Texas Drug Possession FAQs

### What should I do if I’m stopped by police and they want to search my vehicle?

You have the right to refuse consent to a search if the police do not have a warrant. It’s important to state clearly that you do not consent to a search, which should be done politely and firmly. Even if the officers proceed with the search, your explicit non-consent may be crucial in a legal challenge to the admissibility of any evidence they collect. Remember, even if you refuse consent, do not physically resist. Simply express your refusal verbally and let your attorney handle it from there.

### Can the police search my house without a warrant?

The general rule is that police need a warrant to enter and search your home. However, exceptions apply, such as when there are exigent circumstances like a risk of evidence being destroyed, you give consent to the search, or if the evidence is in plain view. In scenarios where law enforcement claims exigent circumstances, each case is unique, and the specific facts will determine whether their search was lawful.

### What happens if the drugs weren’t mine but were found in my car?

Being in “constructive possession” of drugs can result in charges, even if the drugs belong to someone else. The state must prove you had knowledge of and control over the drugs. If drugs are found in a car you own or were driving, it is presumed you knew about them. However, if you can provide credible evidence that you were unaware of their presence, this presumption can be challenged. An experienced attorney can help argue that you had no knowledge of the drugs and were not responsible for them being in your car.

### Can charges be dismissed if the search was illegal?

Yes, if a search is deemed unconstitutional because it violates your Fourth Amendment rights, any evidence obtained as a result of that search may be considered “fruit of the poisonous tree” and thus inadmissible in court. This often results in charges being reduced or dismissed entirely. However, the process of proving a search illegal involves complex legal arguments and precedents, making skilled legal representation essential.

### What is “probable cause,” and how does it affect my drug possession case?

Probable cause refers to the reasonable belief, based on factual evidence, that a person has committed a crime. In drug possession cases, probable cause might involve direct evidence like drug visibility during a traffic stop or indirect evidence like the smell of marijuana. Law enforcement officers must have probable cause to obtain a search warrant or justify a warrantless search. Challenging the probable cause used to justify a search or seizure can be a strong defense in a drug possession case.

### How do drug court programs work in Texas?

Texas has drug court programs designed as alternatives to standard judicial proceedings for eligible individuals charged with drug offenses. These courts focus on rehabilitation rather than punishment, providing supervised treatment and helping participants achieve long-term recovery. To be eligible, you generally must be a non-violent offender with a substance abuse problem. Successfully completing a drug court program can lead to reduced charges or sentences or even dismissal of charges in some cases.

### What are the penalties for drug possession in Texas?

Penalties for drug possession in Texas vary widely based on the type of drug, the amount, and the offender’s criminal history. For example, possession of a small amount of a less severe Penalty Group might result in a relatively light sentence, while possession of a Penalty Group 1 drug like heroin could lead to significant prison time. Repeat offenses or possession within certain drug-free zones can lead to enhanced penalties.

### How does having a drug possession charge affect my future?

A drug possession charge can have long-lasting effects on your life, impacting your ability to find employment, secure housing, and qualify for educational loans. It can also lead to a loss of certain civil rights, such as voting or owning a firearm, especially if the conviction is a felony. Engaging an attorney early can help mitigate these potential consequences by seeking lesser charges or arguing for alternative sentencing like probation or participation in a drug treatment program.

### What steps should I take if a loved one is arrested for drug possession?

If a loved one is arrested for drug possession, it’s crucial to contact an attorney as soon as possible. An attorney can provide guidance on the legal process, help protect your loved one’s rights, and start building a defense strategy immediately. Avoid discussing the details of the case over the phone or with others, as such conversations can sometimes be used against the accused in court.

Navigating a drug possession charge requires understanding your rights and the complexities of legal proceedings. If you or someone you know is facing such charges in Galveston, Texas, don’t hesitate to call Mark Diaz & Associates. We offer a free consultation to discuss your case and explore the best legal strategies to protect your future.

## Call Our Galveston Drug Possession Attorneys For Your Free Consultation

Facing drug possession charges can be daunting, and the outcome can significantly impact your life. If you find yourself in such a situation, don’t hesitate to seek professional legal help. Contact our [Galveston drug possession attorney](/drug-possession/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Our understanding of Texas drug laws, combined with a commitment to our clients, makes us equipped to handle your case with the care and attention it deserves. Let us help you ensure that your rights are protected throughout your legal proceedings.

**Categories:** Drug Possession Attorney

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### [When A Drunk Driving Charge Becomes A Serious Felony Offense](https://texascriminaljustice.com/when-a-drunk-driving-charge-becomes-a-serious-felony-offense/)

**Published:** October 8, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![DUI Law](https://texascriminaljustice.com/wp-content/uploads/2024/10/Diaz-1-When-a-Drunk-Driving-Charge-Becomes-a-Serious-Felony-Offense_October-2024.jpg "DUI Law")If you have been accused of a DWI in Texas, then you need to be aware that a DWI can certainly turn into a serious felony in the right facts and circumstances. In Texas, first-time DWIs are usually charged as [misdemeanors](https://www.txdot.gov/safety/driving-laws/impaired-driving.html); however, whether this is considered a misdemeanor or a felony hugely depends on prior offenses, aggravating factors, and whether anyone got injured due to your speculated intoxication.

## **When Does A DWI Become A Felony In Texas?**

It’s merely a matter of specific details surrounding one’s arrest that distinguishes a misdemeanor from a felony DWI in Texas. The following are potential scenarios that could raise a DWI up to a [felony charge](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm):

### **1. Third DWI Offense-Texas Penal Code § 49.09**

One of the more standard ways a DWI becomes a felony in Texas is if you have two prior convictions for DWI. Under Texas law, if a person has been charged with a third DWI offense, then it automatically gets upgraded to a third-degree felony. A third-degree felony involves serious penalties like:

- 2 to 10 years in prison
- A fine of up to $10,000
- Suspension of driving license for a maximum period of two years

Note that one can also use prior DWI convictions from other states to enhance a DWI charge to a felony in Texas; hence, one should be well conversant with their full legal history.

### **2. DWI With Child Passenger (Texas Penal Code § 49.045)**

If you are charged with DWI and there is a child passenger in the vehicle under the age of 15, then it automatically charges you with a state jail felony. The possible penalties that come with a state jail felony include:

- 180 days to 2 years in prison
- Up to a $10,000 fine

Driving while intoxicated in Texas with a child passenger is taken very seriously. Even if it’s your first DWI offense, the presence of a minor can quickly turn what would otherwise be a misdemeanor charge into a felony. Besides possible criminal penalties, involvement by Child Protective Services may occur, and you may face an investigation into the well-being of the child.

### **3. Intoxication Assault (Texas Penal Code § 49.07)**

Another situation in which a DWI may be charged as a felony is when your driving under the influence results in the serious bodily injury of another person. This offense is what’s commonly known as intoxication assault. Intoxication assault is a third-degree felony under Texas law. To be convicted of intoxication assault, the prosecution has to prove that your intoxication was indeed the cause of the accident and injury.

Serious bodily injury is an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of bodily function. Penalties for intoxication assault include:

- 2 to 10 years of imprisonment
- A fine of up to $10,000
- Possible driver’s license suspension

If the injured person was a peace officer, firefighter, or emergency medical service worker, an enhancement can be further made to the charge and the punishment will be much graver.

### **4. Intoxication Manslaughter (Texas Penal Code § 49.08)**

The most serious felony DWI charge in Texas is intoxication manslaughter death caused by intoxicated driving. Intoxication manslaughter is a second-degree felony, and the punishment is very serious:

- 2-20 years in the Texas Department of Criminal Justice
- A fine of up to $10,000

In intoxication manslaughter cases, the prosecution must be able to prove that your intoxication caused the accident that resulted in the death. For the state, this is an aggressively prosecuted charge, and quite frankly, it doesn’t get any bigger than that for an accused.

### **5. Felony DWI With Prior Convictions For Intoxication Assault Or Manslaughter (Texas Penal Code § 49.09)**

If you have previously been convicted of intoxication assault or intoxication manslaughter, and you are later charged with another DWI, the new charge can be enhanced to a second-degree felony. The penalties for a second-degree felony include:

- 2-20 years in prison
- Up to a $10,000 fine

Texas law frowns significantly upon multiple DWI offenders and those who have caused injury and death because of their intoxicated driving. If you have a previous felony conviction based on a DWI offense, then any subsequent DWI offense will likely face increased punishment.

## **Defending Against A Felony DWI Charge**

A felony DWI charge is serious; however, you must remember that you do have legal rights and options. There are several potential defenses to a charge of DWI, and which defense strategy is best will vary depending on the specific facts of your case. The following are a few common defenses for DWI charges.

**Challenge to the Traffic Stop** – Police must have reasonable suspicion to stop you. If the officer did not have a good enough reason to stop you, then the traffic stop is illegal, and the evidence may be suppressed.

**Questioning Field Sobriety Tests** – Field sobriety tests are rather subjective, and factors include medical conditions, nervousness, and even uneven surfaces that provide scenarios where tests come back inaccurately. A good attorney will question the results.

**Breathalyzer or Blood Test Accuracy** – Breathalyzer machines and methods of blood testing are not perfect, and one could dispute results if tests were given incorrectly or the machine was off calibration.

Working with a seasoned DWI attorney will greatly improve your chances of having the charges reduced or dismissed against you. You have to act quickly because the prosecution will likewise take that very moment you get arrested to start building the case against you.

## **Texas DWI Frequently Asked Questions**

### **How Does A Misdemeanor Differ From A Felony DWI In Texas?**

In Texas, a misdemeanor DWI is normally reserved for first-time offenders without any aggravating factors, meaning there have been no prior convictions and no harm to others. On the other hand, a felony DWI carries higher factors, such as multiple DWI offenses, causing injury or death, or having a child passenger in the vehicle. Felony DWI convictions are punished more severely, with longer prison sentences and higher fines.

### **How Long Does A DWI Stay On My Record In Texas?**

In Texas, a conviction of DWI will remain on one’s criminal record for life. Unlike some other states, if convicted, Texas will not allow expunction of the DWI conviction. You may, however, be able to get the arrest record removed or have it expunged if your case has been dismissed or you were acquitted of the charge. Depending on certain circumstances, a case may offer deferred adjudication, wherein one avoids a formal conviction on one’s record.

### **Is Probation Possible For A Felony DWI In Texas?**

Yes, probation is sometimes referred to as community supervision and may be an option in certain felony DWI cases. However, for felony DWI, probation will generally be much more strict than a misdemeanor conviction. Probation conditions may include mandatory alcohol treatment programs, community service, and regular reporting to a probation officer. If you violate the terms of probation, you could face additional jail time.

### **Will I Lose My Driver’s License After A Felony DWI Conviction?**

Yes. A felony DWI will lead to the suspension or revocation of your driver’s license. The length of time varies depending on several factors about your case, including your prior offenses and whether you refused to submit to a breath or blood test. You could be granted an occupational driver’s license, which allows you to drive to and from work or school while your license is suspended.

### **What Is An Ignition Interlock Device, And Will I Have To Install One?**

An Ignition Interlock Device (IID) is a breathalyzer that is installed in your vehicle. The car will not start unless you blow into it and it detects that you are not intoxicated. Texas law demands that [judges order an IID installation](https://www.ncsl.org/transportation/state-ignition-interlock-laws) for a second or subsequent DWI conviction and also for individuals convicted of DWI with a BAC of at least 0.15%. Typically, the installation and use of the IID serve as conditions for probation or during the time their license is suspended.

### **How Can A DWI Attorney Help A Person Facing A Felony DWI Charge?**

A good DWI attorney will be able to assist in numerous ways: reviewing the evidence against you, finding any legal or procedural mistakes law enforcement may have made, and negotiating with the prosecution for a pretrial disposition that reduces or dismisses the charges. Depending on the facts of your case, it may be possible for your attorney to negotiate the charges down from a felony to a misdemeanor, which could greatly reduce the penalties you will suffer.

## **Contact Our Galveston Felony DWI Defense Attorney For Your Free Consultation**

If you or a loved one has been accused of felony DWI in Texas, it is highly recommended that you seek legal representation as soon as possible. Here at Mark Diaz & Associates, we will be able to provide the required legal defense necessary to protect you and fight for the best result possible in your case. A felony conviction for DWI can impact and alter a person’s life well into the future, but it is a battle that you do not have to face or endure alone.

Contact our [Galveston felony DWI defense attorney](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Serving Galveston, Houston, and beyond, we pride ourselves on the opportunity to serve clients with professionalism and integrity. Don’t wait one more minute; take the time now to speak with a consultant about your options to start formulating a defense. The sooner you move forward, the greater your chance of success in your case.

**Categories:** DWI Lawyer

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### [Defending Against Protective Orders in Texas Domestic Violence Cases](https://texascriminaljustice.com/defending-against-protective-orders-in-texas-domestic-violence-cases/)

**Published:** October 10, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![protective order](https://texascriminaljustice.com/wp-content/uploads/2024/10/Diaz-2-Defending-Against-Protective-Orders-in-Texas-Domestic-Violence-Cases_October-2024.jpg "protective order")If you get served in Texas with a protective order as part of a domestic violence case, I know how overwhelming and stressful that situation can be. Nevertheless, you do have your rights and all means for self-defense. Protective orders have a serious purpose, which is to safeguard a victim of violence within the home. But sometimes, they are filed unfairly or without sufficient evidence.

Protective orders in Texas are governed by Chapter 85 of the Texas Family Code. While designed to prevent further violence, sometimes they may be granted based on misleading information or even as a retaliatory measure. If you happen to feel that a protective order has been filed against you unfairly, then you do have the right to challenge it.

## What Is A Protective Order?

A protective order is an order from the court designed to protect one person from another. This might be due to domestic violence, stalking, or harassment. Regarding domestic violence, a protective order can prevent you from contacting, approaching, or harassing the seeker of the order. Even your right to stay in your home, see your children or own firearms can be revoked by such an order.

## Types Of Protective Orders In Texas

There are three major [types of protective orders](https://www.houstontx.gov/police/fvu/po.htm) issued in Texas:

**Temporary Ex Parte Protective Order** – This is the one that is mostly granted without notification to the defendant. In such cases, the Petitioner will not be under any obligation to let you have notice before the granting of such an order. It stays valid for 20 days or a hearing date. These are usually orders for emergencies based on the Petitioner’s statements.

**Order of Protection-Final** – If the court feels that family violence has occurred and may again occur, the court may grant a final protective order after the respondent and Petitioner have had an opportunity to appear in court and introduce evidence. A final protective order may last up to two years and, in some instances, may last longer. The Petitioner has the burden of proof and must prove by a “preponderance of the evidence” that family violence has occurred and is likely again to occur.

**Magistrate’s Order of Emergency Protection (MOEP)** – If you get arrested on family violence, immediately upon arrest, the court may issue a MOEP. Generally speaking, these orders can be granted immediately following an arrest and may last anywhere from 31 to 91 days.

## Defending Against A Protective Order

The steps to be taken in defending a protective order include understanding all the allegations one may face. If you have been served with a protective order, you need to attend court hearings and have a view on how you want to present your case.

### 1. Contest The Evidence

There is the burden of proof that has to be met by the Petitioner: family violence has occurred or is likely to occur. This could be police reports, medical treatment records, photographic proof of the injuries sustained, and/or witness statements. However, in situations that would present weak, conflicting, or a lack of evidence, their validity could certainly be called into question. In fact, in numerous cases, allegations of domestic violence are taken to an extreme level or even fabricated for many reasons, which may include leverage in divorce and/or child custody matters. You can put up a good defense by exposing inconsistencies in the Petitioner’s story or by showing that the incident never happened.

### 2. Provide Your Own Evidence

Your defense may include any information that refutes the Petitioner’s allegations. For example, an alibi or witnesses who can affirm that you were not at the scene where the act had allegedly occurred can have a significant ripple effect to weaken the Petitioner’s case. Text messages, e-mails, and even social media postings can serve as a defense to refute allegations if they contradict the claims of the Petitioner.

### 3. Prove Lack of Imminent Danger

Under the law, Texas courts must believe that family violence will again occur to issue a final protective order. Showing the court there is no immediate threat or danger to the Petitioner may lead the judge to be less apt to grant a long-term protective order. Being able to prove the situation is not as volatile as the Petitioner is stating it is often times considered a good defense.

### 4. Challenge the Protective Order on Lack of Notice Grounds

If you have been served with a temporary ex parte protective order, then some type of service or process may not have afforded you reasonable notice and an opportunity to prepare for the hearing. You can oppose that such was issued against you without merit or knowledge and ask that it be dismissed. You will want to still abide by the restrictions of the order until the matter can be resolved; however, you have the right to question the validity of such in court.

### 5. False Allegations-How to Address Them

Unfortunately, protective orders can sometimes be used as a means of retaliation or manipulation in heated divorce or custody battles. If you feel the allegations against you are false, it is helpful to work with an attorney to obtain evidence and be able to tell your side of the story in court. While the courts take protective orders very seriously, they also understand the potential harm issuing such orders on false or highly exaggerated claims may cause.

## Texas Statutes Relating To Protective Orders

The most significant statute related to protective orders in Texas is the Texas Family Code, Chapter 85. According to Sec. 85.001, the court may issue a protective order if the court finds that family violence has occurred and is likely to occur in the future.

Further, [Section 85.022](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm) enumerates the particular things that may be prohibited in a protective order, to wit: further acts of family violence by the respondent against the Petitioner; communicating with the Petitioner in a threatening or harassing manner; and going near the Petitioner’s residence or place of employment.

[Section 85.025](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm) provides that except as provided by Section 85.026, a protective order issued under this chapter is effective until the second anniversary of the date the order was issued, unless the court determines there is a continuing threat.

Under [Texas Penal Code 25.07](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm), violation of a protective order will have serious implications, even to the point of criminal charges. The violation might include arrest, fines, and possible jail time; for this, one should take any protective order seriously and defend from the beginning.

## Importance Of Legal Representation

If you are facing a protective order, then it is important that you seek legal representation as soon as possible. Protective orders can have far-reaching consequences, including family, home life, and the ability to work. You may also be losing some of your rights, which include possessing firearms. An attorney will help you understand the process in court, prepare your defense, and protect your rights.

## Texas Protective Order Frequently Asked Questions

### What If I Violate A Protective Order?

If you violate a protective order in Texas, you can be arrested and charged with a criminal offense under Texas Penal Code 25.07. Violation of a Protective Order is punishable by imprisonment, fines, and other further legal consequences. Even if you believe that it is an unfair protective order, you are still bound by its terms until such time as it can legally be contested.

### Can I Appeal A Temporary Protective Order?

Yes, you can appeal a temporary protective order. Usually, the temporary ex parte orders are granted without hearing from the other party, but it will provide an avenue for you to be heard at a hearing. It is important that you attend such a hearing and argue your case against the allegations by presenting the relevant evidence.

### How Long Does A Protective Order In Texas Take?

In Texas, a protective order may last for two years. The length can be extended in certain circumstances, provided that the court finds the respondent to be a continued threat to the Petitioner. A temporary ex parte order will remain in effect for no more than 20 days or until a hearing is held.

### Can I Contact My Children If A Protective Order Has Been Filed Against Me?

If the court issues an order of protection, its terms may include restrictions or prohibitions on contacting your children. You may still be able to visit with your children, however, through a supervised visitation program if that is provided for in the terms of the order. Any violation of the order’s terms may trigger severe legal consequences.

### Is It Legal For Me To Possess A Firearm If There Is A Protective Order Against Me?

If a protective order is issued against you under either federal or Texas law, you may be prohibited from owning or possessing a firearm for the duration of the protective order. If you violate such a prohibition, you could face criminal charges. You should understand every term of the protective order and comply with it to avoid further legal complications.

### Do I Need An Attorney In Order To Contest A Protective Order?

Though you are not legally required to hire an attorney to oppose a protective order, it’s highly recommended. The consequences of protective orders can be serious and last for a long time, so an attorney can greatly help you develop a good defense, present evidence, and protect your rights.

### Can A Protective Order Be Modified Or Dismissed?

Yes, a protective order can be modified or dismissed. But you would have to go back and file a motion with the court and prove that the circumstances have changed or that the order was issued based on some unfairness. This could involve the services of an attorney who would take you through the process and represent you in court.

## Contact Our Galveston Protective Order Defense Attorney For A Free Consultation

If you are facing a protective order related to a domestic violence accusation, the bottom line is you must take protection for your rights immediately. At Mark Diaz & Associates, we have many years of experience in protecting clients against a protective order and getting their voices heard. A protective order can impact your life in just about every way imaginable, from seeing your kids to being able to stay in your home. It pays not to take any time.

Contact our [Galveston protective order defense attorney](/domestic-violence/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We proudly serve Galveston and Houston, along with the surrounding areas. Let us help you protect your rights and fight back against false or exaggerated accusations.

**Categories:** Protective Order Defense Attorney

---

### [False Allegations of Domestic Violence in Texas](https://texascriminaljustice.com/false-allegations-of-domestic-violence-in-texas/)

**Published:** October 15, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![domestic violence](https://texascriminaljustice.com/wp-content/uploads/2024/10/Diaz-3-False-Allegations-of-Domestic-Violence-in-Texas_October-2024.jpg "domestic violence")In Texas, false allegations of domestic violence are punished with severe penalties against a defendant. As a Galveston attorney who has represented individuals throughout Texas, I have seen how overwhelming it is for my clients to face accusations that simply aren’t true. If you’re accused of domestic violence, it’s important to know the legal landscape and what you’re up against under Texas law.

In Texas, domestic violence encompasses a similar category that is addressed under the [Texas Penal Code, Chapter 22](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm), which addresses assaultive offenses. Domestic violence may, in general, be described as an act committed against a family member, household member, or someone in a dating relationship and may involve bodily harm, a threat of imminent harm, or offensive physical contact. These are some very serious accusations throughout the state, and if convicted, one can expect extremely severe punishments that may include but are not limited to, substantial fines, probation, imprisonment, and even long-lasting repercussions such as the loss of your right to possess a firearm or problems acquiring specific job opportunities.

Unfortunately, false domestic violence allegations are not as rare as the general public would like to believe. Based on a misunderstanding, a way to get back at another person, or as a means of winning an ugly divorce or custody battle, accusations can turn your life upside down. However, just because someone makes an allegation does not automatically make you guilty. You have rights, and there are things you can do to help defend yourself against false claims.

## What Is Considered Domestic Violence in Texas?

There are three major ways domestic violence in Texas could take place: domestic assault, aggravated domestic assault, and continuous violence against the family.

**Domestic Assault** – [Texas Penal Code §22.01](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) – A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to a family or household member, threatens an imminent bodily injury, or causes offensive physical contact.

**Aggravated Domestic Assault** – A more serious charge, this happens when a person intentionally, knowingly, or recklessly causes bodily injury to a family/household member and in addition, one of the following two scenarios are present: (1) the bodily injury can be classified as “serious bodily injury”; (2) a deadly weapon was used in the commission of the assault.

Under Texas law, the term [“serious bodily injury”](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#49.07) is defined as an “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”

As to the term [“deadly weapon”](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm#1.07), Texas defines this as “a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury … or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” In practice, nearly anything can be classified as a deadly weapon, so long as the object was used in a way that could have killed someone or seriously injured them. This could (and regularly does) include your hands, a vehicle, or any object that falls under this definition based on the facts of the case.

Continuous Violence Against the Family ([Texas Penal Code §25.11](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm)) – A person may be indicted for continuous violence if they commit two or more acts of domestic violence during a 12-month period, even when one or more of the incidents in question are committed against different family members or partners.

A false accusation can take on any of the above-described forms, and with it comes some negative consequences to follow. A conviction brings with it life-changing results, which is why it is so imperative that one act quickly and aggressively in their own defense.

## Defending Against False Allegations

First and foremost, if you are accused of false allegations in a domestic violence case, you should know that the state has the burden of proof. They have to prove beyond a reasonable doubt that you committed the offense you’ve been accused of, and they have to do this by proving each and every element of that case beyond a reasonable doubt. That being said, it is just as equally important to prepare a strong defense while or in anticipation of the state building a case against you.

**Evidence Collection** – It is common for false accusation domestic violence cases to be classified as ‘he said, she said’ scenarios – meaning, the only evidence of the crime being committed is the testimony on one person. Because of this, collecting evidence to support your side of the case is pivotal. If there are people who can testify about the incident and in support of you, or you have sent/received text messages, emails, or social media posts, these are the types of things in court that could be helpful in the defense of your case. Other essential electronic evidence may include video footage and phone records.

**Challenge Credibility** – In a false accusation domestic violence case, if it can be shown that the person making the false accusations has a motive to lie, like due to an ongoing custody battle or divorce, then that can be used against them in court. Showing the inconsistencies in their story or providing evidence in contradiction of their account is a great way to undermine the prosecution’s case. This is done through your skilled defense attorney. They are versed in how to handle situations like this and know how to use the evidence in a way to benefit you and your case in the more effective way.

**Alibi or Lack of Evidence** – If at the time of the crime, you were elsewhere and have material evidence proving an alibi, this is very important. Again, this type of evidence should only be presented through your attorney so it can be used in a way to benefit you and your case in the most effective way.

**Self-Defense** – In some cases, a person can be falsely accused of something when they were merely defending themselves from the person who made the false accusation about them. For example, if the so-called victim was actually the aggressor, and you used reasonable force to protect yourself, then under Texas law, you are able to legally defend yourself from that harm. It is worth noting that the force you exert in defense of yourself must be proportional to the threat you faced for Texas law to allow it (generally speaking).

## Consequences of a False Conviction

A conviction for a domestic violence offense in Texas can be very serious. You might be facing criminal penalties such as serving time in jail, fines, and probation. But outside the courtroom, long-term consequences are devastating.

**Loss of Gun Rights** – One of the possible consequences that you may face in case of a conviction related to domestic violence is a bar from possessing any firearm both under state and federal law.

**Employment Issues** – A conviction for domestic violence could present a problem with a background check by an employer. It can also lead to the revocation and suspension of professional licenses.

**Child Custody and Visitation** – A conviction for domestic violence may mean the loss of custody of one’s children or severely limited visitation rights, especially in child custody disputes. In some cases, the court may also issue protective orders denying you the right to see your children.

**Reputation Damage** – Even if you are acquitted of the charges, the stigma associated with accusations of domestic violence may haunt you for many years. This may ruin relationships, affect your social standing in the community, and create emotional distress.

## Texas Family Violence Protective Orders

In many false accusation cases of domestic violence, the alleged victim may further apply for a protective order. Texas law does provide for protective orders – Texas Family Code Chapter 85 – which may restrict your freedom of movement, prohibit you from communicating with the accuser and even eject you from your house. If a protective order is issued against you, violation of such an order may lead to additional criminal charges.

It is also equally important to remember that though being a civil order, the violation of the same has criminal consequences. In case you happen to be facing a protective order, then you should work closely with your attorney to ensure that your rights are well protected.

If somebody files false accusations against you, and an order of protection is issued against you, then you have the right to appeal in court. Your attorney may present evidence and testimony at a hearing that the order is not necessary or it was filed based on false accusations. On occasion, a protective order can be dismissed or modified to provide more freedom.

## False Accusation Domestic Violence FAQ’s

Here are some frequently asked questions.

### Can I Be Arrested for Domestic Violence Based on Someone’s Accusation Alone?

Yes, Texas allows law enforcement to arrest you based on a mere statement from the accuser. No physical evidence of violence is required to exist before the police make the determination to arrest you or not. Often, the police will take a stance of “better safe than sorry” when it relates to domestic violence incidents. They will often arrest first and let the courts decide later whether it should stick. This is one of the many reasons why it’s imperative to have competent legal counsel on your side in your defense.

### What Should I Do If I Have Been Falsely Accused of Domestic Violence?

The first thing to do is to hire a defense attorney who has experience in defending against domestic violence cases. Do not contact the accuser because this can be used against you later in court. You will need to document supportive evidence, such as witness statements and communication records in the past that help your case. After that, work on building a strong defense with your attorney.

### How Long Does It Take to Resolve a Domestic Violence Case?

The complexity of the case, the court calendar, and whether the case goes to trial determines how long it may take to resolve a domestic violence case. Some cases will be resolved in a few months. Others may take more than a year. While your case is pending, you are advised to follow your attorney’s advice and do nothing out of turn that may also serve as a violation of a protective order.

### Can I Get a Domestic Violence Conviction Expunged from My Record?

A conviction for domestic violence in Texas cannot be removed from a criminal record. On the other hand, if the charges are dismissed, or if you’re found not guilty, then you likely can get the arrest and charges expunged (meaning, cleared from your record completely). The expunction process in Texas is very complex, however, so it is always best to consult with an experienced attorney to see whether you’re eligible for an expunction or not.

### What Are the Penalties for a Domestic Violence Conviction in Texas?

Domestic violence charges in Texas span from a Class A misdemeanor with related jail time of up to one year, plus fines, to felony charges that can result in many years of imprisonment. Aggravating factors include using a weapon, causing serious bodily injury, or having prior convictions; these increase the severity of associated penalties.

### How Can I Protect Myself Against False Allegations of Domestic Violence?

If you believe it is possible that someone might falsely accuse you of domestic violence, there are things you can do to protect yourself. Avoid arguments or physical fights; try to document as much contact as you can with the person making the potentially false accusation. If at all possible, use witnesses to interactions. If a false accusation is made, immediately contact an attorney to protect your rights.

## Contact Our Galveston Domestic Violence Attorney for Your Free Consultation

If you have been falsely accused of domestic violence, you need a good defense. Here at Mark Diaz & Associates, we will protect your rights and do everything we can to make sure that the false accusations do not ruin your life. We understand how to build a defense against such charges, and we fight hard for each and every one of clients. For these reasons, contact our [Galveston domestic violence defense attorney](/domestic-violence/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/).

**Categories:** Domestic Violence Defense Attorney

---

### [How Proximity to Schools Can Enhance Penalties for Drug Offenses](https://texascriminaljustice.com/how-proximity-to-schools-can-enhance-penalties-for-drug-offenses/)

**Published:** October 21, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug offenses](https://texascriminaljustice.com/wp-content/uploads/2024/10/Diaz-4-How-Proximity-to-Schools-Can-Enhance-Penalties-for-Drug-Offenses_October-2024.jpg "drug offenses")In Texas, where a drug crime happens determines a lot in relation to the nature of punishment you are likely to receive. Texas law says that if you commit a drug crime near a school, your punishment can be enhanced. What this means is that drug crimes near schools are highly detrimental as children and youth are put at risk. We will now explain how proximity to a school zone can affect the penalties for drug possession and other related drug crimes, as well as what you can do if you find yourself facing these serious charges.

Texas law has specific statutes that make the punishment for many of those drug offenses greater if committed in “drug-free zones,” which includes areas around schools. According to the Texas Health and Safety Code, [Section 481.134](https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm), a drug-free zone means all areas that are located within 1,000 feet of a school, playground, or within a certain amount of feet from other areas where children may normally be expected to be present, such as a youth center. If a drug offense is committed in these zones, the punishment is automatically enhanced.

For example, consider the case of someone being found to be in possession of a small amount of marijuana; this would generally be treated/punished at the misdemeanor level. However, if the offense occurred within 1,000 feet of a school, then that same misdemeanor charge can be upgraded to a higher-level offense. The consequences for this include possible increased fines and punishment by way of jail/prison time and/or extended probationary terms.

Texas takes these laws very seriously in order to protect children from drug exposure. The law is aimed at protecting the youth, so that aspect of it is good. However, the effect of the law means that those picked up near schools or other protected areas are likely to face life-changing penalties, even for some relatively minor offenses that maybe didn’t even involve children to begin with; it was just within 1,000 feet from a school.

## Enhanced Criminal Penalties for Drug Possession in a Drug-Free Zone

Let’s look at some of the penalties: Generally speaking, a person could be put on probation, fined, or serve jail time as a result of drug possession, depending, of course, on the amount and type of drug involved. But when you add in a drug-free zone, several enhancements start to appear.

First, the minimum sentence is increased. For most, but not all, drug offenses committed within a drug-free zone, the offense level is knocked up one degree as a result of the drug-free zone enhancement. This could mean that if you would have been eligible for probation or a reduced sentence outside of a drug-free zone, those options may be off the table if the offense happened near a school.

Second, conviction for a drug offense occurring in a drug-free zone may result in a greater costs and/or fines. The more severe the crime, the more severe the costs and/or fine could potentially be.

It is important to understand that a school building does not solely define what is considered a drug-free zone. The law contemplates any area within 1,000 feet of a school property line, including areas extending to parking lots and sports fields. The law also encompasses daycare centers, playgrounds, and youth centers. It means that drug offenses committed near these places, even if there were no children present at the time of committing the offense, may be found liable under this enhanced penalty.

## Drug-Free Zones as Defined By Texas Law

Most people do not understand how broadly the drug-free zones are defined and, upon being arrested, may not realize their actions occurred in a drug-free zone. This can make the defense of such charges much more difficult, yet at the same time provides an opportunity for a knowledgeable attorney to attack the application of these enhanced penalties.

One possible defense, for instance, might be that the alleged offense was not committed within a drug-free zone. In some instances, police embellish on how near an offense happens to a school, or the boundaries of a school or childcare center are not well-defined. Detailed examination of the maps, GPS information, and other evidence sometimes may show that the offense did not occur within the 1,000-foot radius. This would need to be established and presented on your behalf by your skilled attorney; they will know the most effective way to handle the presentation of this evidence, if any.

Another potential defense strategy would be attacking the intent of the offense. The law is highly unforgiving toward offenses taking place in drug-free zones; however, if it can be demonstrated that one had no intention of distributing drugs near a school or in any way involving children, it may perhaps be a factor in negotiating a more favorable outcome and getting the prosecutor to agree to drop the enhancement.

If you are facing charges related to drugs in Galveston or any other area within Texas, and if those charges involve a drug-free zone, then it is very important that you understand your rights and options under the law. Charges for drugs are serious and may have an effect on everything in your life, from your freedom to getting jobs in the future. However, with the right kind of defense strategy, it could be possible to reduce or even dismiss charges against you.

## Drug-Free Drug Possession FAQs

**What Constitutes a Drug-Free Zone in Texas?**

Drug free zones in Texas include anywhere within 1,000 feet of school property, a youth center, or a playground; within 300 feet of a public swimming pool or video arcade establishment; or on a school bus. These areas have been designated to protect children against any drug-related activities. The fact that no children were present where the offense was committed is irrelevant, and the consequences of the drug crimes committed here are increased.

### What Are the Increased Punishments for Drug Crimes Close to a School?

In Texas, if you’re caught with drugs in a designated “drug-free zone,” the charges against you can be much more serious. Even if you’re caught with a small amount for the first time, it could be considered a felony instead of a misdemeanor. This means you could face a longer prison sentence and a higher fine.

### Does It Matter If I Didn’t Know I Was in a Drug-Free Zone?

Ignorance of being in a drug-free zone is not a defense under Texas law. Even if you were unknowingly near a school in another protected area, you could still face enhanced penalties. An attorney might, however, be able to challenge whether the offense actually occurred within the drug-free zone depending on the specific circumstances of the case.

## Can the Attorney Assist If My Offense Took Place Near a School?

Yes, a good attorney can assist by reviewing the facts of your case and challenging the application of the drug-free zone law by arguing either that the offense did not take place in that zone, or they can contest the intent behind the offense. A well-prepared and strategic defense may result in reduced charges or penalties in certain circumstances.

### How Large Is the Zone Around a School Where Drugs Are Prohibited?

The drug-free zone extends 1,000 feet from the property line of any school, daycare center, youth center, or playground. The area includes not only the actual building where school is in session but the parking lots, sporting fields, and other areas that are encompassed by the property. The law is geared toward providing a buffer zone around places where children are likely to be present.

### What If I Am Charged with a Drug Offense in a Drug-Free Zone?

The first thing you should do is seek the advice of a defense attorney if charged with an offense in a drug-free zone. A defense attorney will investigate the specifics of your case and determine the appropriate course of action to take in defending the charge. In some instances, the attorney can contest whether or not the offense actually occurred within the drug-free zone and if successful, then they have a greater ability to negotiate the charges and work out a favorable plea deal for you.

### Is It Possible for Me to Receive Probation If I Am Convicted of a Drug Crime That Occurred Near a School?

While drug crimes occurring in drug-free zones carry enhanced sentencing, probation is not necessarily ruled out. Instead, the sentence length will be longer due to the increase in minimum sentences, and the conditions to use probation may be more restrictive. Your attorney can help you decide whether or not probation may be a realistic option for you.

If you are dealing drugs in a zone near a school or within a drug-free zone, the consequences can be severe. Don’t gamble with your future trying to face drug charges on your own. Mark Diaz & Associates can help you sort things out. Our team is capable of challenging drug-free zone enhancements with experience and fighting for a favorable result in your case. Contact our [Galveston drug possession defense attorney](/drug-possession/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We proudly serve clients in Galveston, Houston, and surrounding areas.

**Categories:** Drug Possession Defense Attorney

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### [Protective Orders In Texas Domestic Violence Cases](https://texascriminaljustice.com/protective-orders-in-texas-domestic-violence-cases/)

**Published:** October 30, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![protective order](https://texascriminaljustice.com/wp-content/uploads/2024/10/Diaz-1Protective-Orders-in-Texas-Domestic-Violence-Cases_Nov-2024.jpg "protective order")In Texas, domestic violence is a serious issue, and the courts take swift action to protect individuals who claim they are at risk. One of the key legal tools used in these cases is the [protective order](https://www.txcourts.gov/rules-forms/standardized-protective-order-forms/), which can impose significant restrictions on a person’s freedom. At our law firm, we understand how overwhelming it can be to face a protective order, especially when it comes with the weight of a domestic violence accusation.

If you have been served with a protective order, you need to understand how protective orders work, what they mean for those accused, and how to effectively challenge them when necessary. Protective orders are not handed down lightly, but neither should they be accepted without contest when unfairly issued. We have successfully defended many clients in Galveston and Houston who have been involved with protective order proceedings, and we are committed to providing the best possible defense for those caught up in such cases.

## What Is a Protective Order?

A protective order is a legal directive issued by a court to protect individuals from domestic violence, harassment, stalking, or sexual assault. The Texas Family Code outlines the procedures for issuing protective orders in domestic violence cases, providing protection to alleged victims while placing strict restrictions on the person accused. Under [Texas Family Code § 85.001](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm), courts may issue a protective order if they find that family violence has occurred and is likely to occur again in the future. These orders are designed to prevent further harm by imposing conditions on the respondent (the person accused of committing violence).

When someone files for a protective order, the court may impose temporary emergency orders initially without giving the respondent a chance to present their side of the story. This happens after an application for protective order is filed; the information within the application must present a clear and present danger of family violence, and if so, then the court without further notice to the individual accused of committing the family violence, will enter a temporary ex parte order for protection of the applicant or any other member of the applicant’s family. [Texas Family Code § 83.001](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.83.htm) speaks to this issue. These exp parte orders are only good for a max of 20 days since it deprives the accused the right to a hearing on the issues. After that time elapses, a hearing will be scheduled, where both parties have the opportunity to present evidence.

## Types of Protective Orders In Texas

In Texas, protective orders generally fall into three categories:

1. **Temporary Ex Parte Protective Orders** – As mentioned, these orders can be issued on an emergency basis without notice to the respondent and can last for 20 days. They are used when the court believes there is an imminent threat of violence.
2. **Final Protective Orders** – If, after a hearing, the court finds sufficient evidence of family violence, it may issue a final protective order. These orders can last up to two years, though they may be extended under certain circumstances, such as when the court believes the respondent is likely to re-offend or has committed an act of felony-level family violence.
3. **Magistrate’s Order of Emergency Protection (also known as an emergency protective order)** – This type of order is issued after a person has been arrested for family violence, sexual assault/abuse, indecent assault, stalking, or trafficking. A judge may issue an emergency protective order at the request of the victim, or at the request of a police officer, state attorney, or even at the magistrate’s own decision. However, the magistrate must issue this type of order if the crime involved family violence resulting in serious bodily injury or if the accused used or exhibited a deadly weapon while committing the family violence assault. These orders usually last between 31 to 61 days, depending on the severity of the offense, but if a deadly weapon was used, then the order is usually good for 61-91 days. See [Texas Code of Criminal Procedure art. 17.292](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm).

## Legal Consequences of a Protective Order

If a protective order is issued against you, the consequences can be far-reaching and severe. Violating the terms of a protective order can result in criminal charges, fines, and even jail time. You may be prohibited from returning to your home, having contact with your spouse or children, or going to certain places, such as your workplace or your children’s school. In some cases, protective orders also affect your ability to possess firearms. These restrictions can have a devastating impact on your personal and professional life.

Additionally, being subject to a protective order can harm your reputation and future opportunities. Employers may be hesitant to hire someone with a protective order on their record, and having one on file could complicate divorce or custody proceedings. If you are facing a protective order, it is essential to understand your rights and the options available to contest the order. A skilled attorney can help you present evidence, cross-examine witnesses, and argue on your behalf at the hearing.

## Defending Against a Protective Order

While protective orders serve an important role in protecting victims of domestic violence, they can also be used as a legal tactic in divorce or custody disputes. It is not uncommon for one party to seek a protective order to gain leverage in such cases. However, the court requires credible evidence before issuing a protective order, and respondents have the right to challenge the order and defend themselves.

There are several defenses we can employ when challenging a protective order:

1. **Lack of Evidence** – In many cases, protective orders are requested based on unsubstantiated claims. To secure a final protective order, the applicant must provide evidence of actual violence or the threat of violence. If the evidence is insufficient, the court should not issue the final order.
2. **False Allegations** – Unfortunately, false claims of domestic violence are sometimes made to manipulate family law outcomes. We work diligently to uncover inconsistencies in the accuser’s story, gather evidence to refute their claims and present a strong case on your behalf.
3. **Violation of Due Process** – Every person is entitled to due process, which means you have the right to be heard before any final order is issued. If you were not given adequate notice or an opportunity to defend yourself in court, we can argue that the order was improperly granted in certain cases.
4. **Self-Defense** – If you acted in self-defense or in defense of others, you have the right to protect yourself from harm and the court should be made aware of this. We can present evidence that your actions were reasonable under the circumstances should the facts of the circumstances fit.

## How Mark Diaz & Associates Can Help

At Mark Diaz & Associates, our protective order defense attorneys in Galveston are committed to helping you protect your legal rights. We are ready to guide you through the process and fight for the best possible outcome. Whether you are dealing with a temporary or final protective order, our firm will work tirelessly to help you – whether it be by challenging the order or the legal process, we will do everything we can to protect your reputation and minimize any negative impact on your life. With our experience defending domestic violence allegations involving protective orders in Galveston and the surrounding areas, you can trust us to provide you with the legal support you need.

## FAQs About Texas Protective Orders In Domestic Violence Cases

### What Happens If I Violate a Protective Order In Texas?

Violating a protective order is a criminal offense in Texas. Depending on the nature of the violation, you could be charged with a Class A misdemeanor, which carries penalties of up to one year in jail and fines up to $4,000. In cases where the facts are more serious or there are multiple allegations within a short amount of time, it’s also possible to be charged with a new felony offense for the alleged protective order violations. It’s important to follow the terms of any protective order strictly and consult an attorney if you have concerns.

### Can I Fight a Protective Order If I Was Falsely Accused?

Yes. In Texas, you can and should fight a protective order especially when you’re falsely arrested. During the hearing, you have the right to present evidence that disputes the allegations against you. These hearings often include testimony from witnesses, electronic communications, or any other evidence that supports the case of each side. To do this properly and most effectively, it’s critical to have an experienced attorney by your side to help you build a strong defense.

### How Long Does a Final Protective Order Last?

A final protective order can last up to two years in Texas. The court may also extend the duration of the order in more serious cases, such as cases of repeated violations or felony-level family violence. If you have been issued a protective order, it is important to know the exact terms and duration of the order so that you can comply fully.

### Can a Protective Order Affect My Custody Rights?

Yes, a protective order can impact child custody and visitation rights. Courts often view protective orders as evidence that one parent poses a threat to the safety of the children. If you are involved in a custody dispute, the issuance of a protective order could result in limitations on your visitation or even the loss of custody. We can work to challenge the protective order and advocate that any restrictions as to you and your children be lifted.

### What Evidence Is Needed For a Protective Order To Be Issued?

To obtain a protective order, the applicant must provide evidence that family violence has occurred and is likely to occur again. This can include testimony, photographs, medical records, police reports, or any other documentation of the alleged abuse. The court will consider the credibility of the evidence before making a decision.

### Can a Protective Order Be Dropped or Dismissed?

Yes, a protective order can be dropped or dismissed if the applicant decides they no longer need it or if the respondent successfully challenges the order in court. If you believe the protective order against you is unjust, contact an attorney to discuss your legal rights.

## Call Our Protective Order Defense Lawyer In Galveston For a Free Consultation

At Mark Diaz & Associates, we understand that being subject to a protective order can turn your life upside down. If you are facing a protective order due to domestic violence allegations, our experienced legal team can help you navigate the complexities of the legal system and protect your rights. Don’t wait—contact our [protective order defense lawyers in Galveston](/domestic-violence/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston, Houston, and the surrounding areas. Let us help you through this challenging time and fight for the best possible outcome in your case.

**Categories:** Protective Order Defense Lawyer

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### [Defending Charges of Battery Against Public Servants in Texas](https://texascriminaljustice.com/defending-charges-of-battery-against-public-servants-in-texas/)

**Published:** November 4, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![battery](https://texascriminaljustice.com/wp-content/uploads/2024/11/Diaz-2-Defending-Charges-of-Battery-Against-Public-Servants-in-Texas_Nov-2024.jpg "battery")In Texas, facing an assault charge is a very serious matter with life-long consequences. These charges become even more serious when the alleged offense involves a public servant. As League City assault defense lawyers, we understand the complexities of [Texas assault law](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm) and how it applies in cases involving public servants. Defending such cases requires a strategic approach tailored to the unique circumstances of each case.

Texas law takes a firm stance on offenses committed against public servants, often leading to enhanced penalties and long-term consequences. However, those accused of these charges still have legal rights and options that we are committed to upholding. Understanding the law, the legal process and the potential defenses is critical in these cases. Here, we will outline the key legal issues, potential defenses, and ramifications involved in defending charges of assault against public servants in Texas.

## Understanding Assault Charges Against Public Servants

Under Texas law, a person can be charged with assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. This is codified in [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.22.pdf). When the assault is directed against a public servant, the charge is elevated, resulting in more severe penalties. Public servants include police officers, firefighters, emergency medical personnel, and other individuals performing official duties for the state or its agencies.

To qualify as assault against a public servant under Texas law, the prosecutor must prove that:

1. The defendant committed an assault as defined by Texas Penal Code § 22.01
2. The victim was a public servant who was lawfully discharging an official duty
3. The defendant knew or had reason to believe the victim was a public servant

The law enhances the charge from a misdemeanor to a felony when the victim is a public servant, meaning even a minor altercation can lead to life-changing consequences for the accused. For example, if an officer is harmed while making an arrest or controlling a crowd, the accused could face felony punishment, meaning potential prison time and heft fines that are associated with felony offenses.

## Legal Defenses for Assault Against Public Servants

Defending assault charges requires examining all the facts and circumstances of the incident, as well as the legal framework governing these cases. There are several possible defenses that can be raised, depending on the specifics of the case.

### Lack of Intent

One key element in an assault charge is intent. The prosecution must prove that the accused acted intentionally, knowingly, or recklessly in causing bodily harm. If we can show that our client’s actions were accidental or that they did not have the necessary intent, we may be able to argue for the dismissal or reduction of the charges. For instance, in chaotic situations, such as protests or crowd control, incidental contact may occur without intent to harm.

### Self-Defense

Generally speaking, [Texas Law (Texas Penal Code section 9.31)](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm) allows individuals to defend themselves if they reasonably believe that the force is immediately necessary to protect against the other’s use or attempted use of unlawful force. Self-defense is a particularly potent defense when evidence shows that the officer or public servant used force beyond what was necessary or lawful under the circumstances.

### Mistaken Identity

In some situations, particularly those involving large crowds or high-stress environments, the wrong individual may be accused of assault. We thoroughly investigate the circumstances of the incident to ensure that our client was not wrongfully identified as the person who committed the offense. Witness statements, surveillance footage, and other evidence can play a critical role in establishing that the wrong person was charged.

### Acting Without Knowledge of the Victim’s Status

A defense can also be raised if the accused did not know nor could have reasonably known that the victim was a public servant. In some situations, especially when the public servant is not in uniform, or their official capacity is not obvious, the defendant might have been unaware of their status. The burden is on the prosecution to prove beyond a reasonable doubt that our client knew or should have known that the victim was a public servant.

### Insufficient Evidence

In criminal cases, the prosecution must prove each element of the crime beyond a reasonable doubt. If the evidence is lacking or if there are inconsistencies in the testimony of the alleged victim or witnesses, we can challenge the sufficiency of the evidence. This might lead to a reduction of charges or a complete dismissal of the case.

## Consequences of a Conviction

A conviction for assault against a public servant carries severe consequences. In addition to the criminal penalties—potential prison time, significant fines, and a felony conviction—there are other long-lasting effects. A felony conviction can result in the loss of civil rights, including the right to vote and possess firearms. Additionally, it can make it difficult to secure employment, housing, and loans. In Texas, felony convictions are almost always permanently on your record, outside of rare particular circumstances like the case being overturned on appeal.

It is essential to understand that felony convictions for assault against public servants also come with social stigma and damage to personal and professional reputations. This can affect future opportunities and relationships. As defense attorneys, we work diligently to protect our client’s rights and aim to minimize the impact that these charges have on their lives.

## The Importance of Early Legal Representation

If you or a loved one is facing charges of assault against a public servant, it is critical to seek legal representation as soon as possible. The earlier we are involved in your case, the more effectively we can work to build your defense. From investigating the incident, gathering evidence, and negotiating with the prosecution, to preparing for trial, we are committed to achieving the best possible outcome for our clients.

In many cases, early legal intervention can prevent charges from escalating or lead to more favorable plea agreements. We are skilled negotiators and know how to present your case in a way that highlights the weaknesses in the prosecution’s argument. Additionally, if your case goes to trial, having experienced defense attorneys at your side ensures that you have the best possible defense strategy.

## Texas Assault on A Public Servant Criminal Charge FAQs

### What Is Considered a Public Servant Under Texas Law?

A public servant is defined broadly under Texas law and includes firefighters, emergency medical personnel, hospital personnel, and other government officials performing their official duties. This definition can also include elected officials and other individuals who serve in an official capacity on behalf of the state or local government.

### What Penalties Could I Face If Convicted of Assault Against a Public Servant in Texas?

If convicted of assault against a public servant, you could face enhanced penalties, including being charged with a felony. It’s important to note that the penalty for assaulting either a police officer or a judge who is performing their official duties is different than the penalty for assaulting a public servant, such as a firefighter or EMS worker. The assault of a police officer or judge will land you with a second-degree felony charge, while the latter against a public servant, such as a firefighter or EMS worker, results in a third-degree felony charge.

For example, a conviction for assault against a police officer could result in a second-degree felony charge, which carries a penalty of two to 20 years in prison and a fine of up to $10,000. Additionally, a felony conviction can lead to the loss of certain civil rights, such as the right to vote and the right to possess firearms.

### Can I Claim Self-Defense If I Am Charged with Assault Against a Public Servant?

Yes, under certain circumstances, you may be able to claim self-defense. Texas law allows individuals to defend themselves if they reasonably believe they are in danger of imminent harm. However, self-defense claims can be complex, particularly when the alleged victim is a public servant. It’s important to work with an experienced defense attorney who can evaluate the circumstances of your case and determine if self-defense is a viable defense strategy.

### What Should I Do If I’ve Been Falsely Accused of Assault Against a Public Servant?

If you have been falsely accused, it is essential to seek legal representation immediately. We will thoroughly investigate the incident, interview witnesses, review any available evidence (such as video footage), and build a defense that demonstrates your innocence. False accusations can arise from mistaken identity, misunderstandings, or malicious intent, and we are experienced in handling these types of cases.

### How Can an Assault Charge Against a Public Servant Affect My Future?

A felony conviction for assault against a public servant can be punished with prison time and hefty fines. You could lose your right to vote and possess firearms, face difficulties in securing employment, housing, educational opportunities, and endure damage to your personal and professional reputation. These long-term impacts are why it is critical to take these charges seriously and seek immediate legal representation.

## Contact Our League City Assault Defense Lawyer for a Free Consultation

If you are facing charges of assault against a public servant in League City, Galveston, or the greater Houston area, it’s crucial to have a legal team that is committed to protecting your rights. Our team of dedicated defense attorneys is ready to fight for you. Contact our [League City assault defense lawyer](/assault-and-battery/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We will review the facts of your case and explore all available defenses to secure the best possible outcome for you. Don’t wait—call now to get the experienced legal help you need.

Mark Diaz & Associates proudly represents clients in League City, Galveston, and throughout the greater Houston, Texas area.

**Categories:** Assault Defense Attorney

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### [The Real Costs Of A DWI Conviction In Texas](https://texascriminaljustice.com/the-real-costs-of-a-dwi-conviction-in-texas/)

**Published:** November 11, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2024/11/Diaz-3-The-Real-Costs-of-a-DWI-Conviction-in-Texas_Nov-2024.jpg "DWI")When it comes to the consequences of a DWI conviction in Texas, the financial burden and legal ramifications extend far beyond fines. A DWI can affect your life in ways you may not have considered, from increased insurance rates to long-term impacts on your career and reputation. As Galveston DWI lawyers, we often see clients who are surprised by the full scope of consequences following a DWI charge. These consequences can be long-lasting and difficult to manage without the right legal support. In this article, we will break down the financial, personal, and legal consequences of a DWI in Texas, helping you understand the costs you could face and why having experienced legal representation is essential.

Texas DWI laws are strict, and the penalties for a conviction increase significantly based on factors like your [blood alcohol content (BAC)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), whether you have prior offenses, and if there were aggravating factors like having a child passenger in the vehicle. Many people assume that the cost of a DWI is limited to a fine, but that’s just the tip of the iceberg. Legal fees, insurance premiums, potential job loss, and other collateral consequences can result in costs that are far greater than the initial penalty. The legal landscape in Texas is complex, and if you don’t handle your case properly, you could be facing years of difficulty. That’s why we want to provide you with a detailed breakdown of what you could be up against.

## Consequences Of A DWI Conviction

The financial toll of a DWI conviction in Texas is significant. The Texas Penal Code sets clear penalties for DWI offenses based on the number of prior offenses and the severity of the incident. For a first-time DWI, the fine alone can be up to $2,000 ([Tex. Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.)). However, the real costs extend far beyond that fine. Additional financial impacts can include court costs, bail, and mandatory alcohol education classes.

For example, if you are convicted of a second DWI, the fines can reach up to $4,000, and for a third offense, the fines can increase to $10,000 (Tex. Penal Code § 49.09). On top of this, you may also face administrative fees, such as the Texas Driver Responsibility Program surcharge, which could require you to pay up to $2,000 per year for three years just to keep your license.

### Increased Insurance Premiums

Your car insurance premiums will also skyrocket after a DWI conviction. Once your insurance provider learns of the DWI conviction, they will likely classify you as a high-risk driver. This can result in your insurance premiums doubling or tripling. According to estimates, drivers with a DWI conviction could see their annual insurance costs increase by as much as $1,000 to $3,000, depending on their provider. This increase in cost could last for several years.

Additionally, Texas law requires individuals convicted of a DWI to obtain SR-22 insurance, which is a special certificate that verifies you carry the minimum liability coverage. SR-22 insurance is more expensive than regular insurance and must be maintained for at least two years following a DWI conviction.

### Driver’s License Suspension And Reinstatement Fees

Another direct consequence of a DWI conviction in Texas is the suspension of your driver’s license. Under the [Texas Transportation Code § 521.344](https://statutes.capitol.texas.gov/Docs/Tn/htm/TN.521.htm), your license can be suspended for up to two years depending on the severity of the offense and whether you have prior convictions. For a first offense, the suspension period is typically 90 days to one year, while repeat offenders can face suspensions lasting up to two years.

Once the suspension period is over, you will need to pay a reinstatement fee to get your license back. This fee can range from $100 to $125, and you may also be required to complete an alcohol education course before your license is reinstated.

### Employment And Professional Consequences

A DWI conviction can have serious implications for your career. Many employers conduct background checks, and a criminal conviction can make it difficult to find a job, especially in professions that require driving or holding a professional license. For example, if you are a commercial driver, a DWI could lead to the suspension of your Commercial Driver’s License (CDL) for at least a year under Texas law ([Tex. Transp. Code § 522.081](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.522.htm)).

For those who hold professional licenses, such as doctors, nurses, or lawyers, a DWI conviction could lead to disciplinary actions, including suspension or revocation of your license. Even if you don’t lose your job immediately, a conviction can limit your career advancement and damage your reputation within your professional community.

### Ignition Interlock Devices

Texas courts may require you to install an ignition interlock device (IID) on your vehicle after a DWI conviction. This device requires you to provide a breath sample before starting your car, and if alcohol is detected, the vehicle won’t start. The installation and maintenance of an IID can cost hundreds of dollars upfront, plus a monthly fee ranging from $70 to $100. Depending on the severity of your conviction and whether you have prior DWIs, you may be required to use the device for months or even years.

### Jail Time And Probation

A DWI conviction in Texas is punished with significant jail time, depending on the circumstances. For a first offense, you could face up to 180 days in jail, while a second conviction can carry up to one year behind bars (Tex. Penal Code § 12.44). If you are convicted of a third DWI, the jail time increases to 2-10 years, as it is classified as a felony offense (Tex. Penal Code § 12.34).

Probation is often an alternative to jail time, but it comes with its own set of costs and restrictions. If you are placed on probation, you will be required to complete community service hours, pay monthly supervision fees, and adhere to strict conditions like attending alcohol counseling or treatment programs.

### Long-Term Personal Consequences

A DWI conviction doesn’t just have financial and legal consequences—it can affect your personal life as well. The stigma of having a DWI on your record can lead to strained relationships, and you may find yourself limited in terms of where you can live or work. Landlords and property management companies often run background checks, and a DWI conviction can make it harder to secure housing. Social consequences may include embarrassment or shame, particularly in smaller communities like Galveston or professional networks.

## FAQs About DWI Charges In Texas

### What Happens If I Refuse A Breathalyzer Or Blood Test?

In Texas, refusing a breathalyzer or blood test can result in an automatic license suspension under the state’s implied consent law (Tex. Transp. Code § 724.035). A first test refusal is punished with a 180-day suspension, while subsequent refusals can lead to a two-year suspension. It’s important to note that even if you refuse, law enforcement can obtain a warrant to take a blood sample. However, that suspension can be challenged at a hearing before a judge, provided that request is filed within 15 days of the date of the arrest.

### Can A DWI Conviction Be Expunged In Texas?

Generally, a DWI conviction cannot be expunged from your record in Texas. However, if the DWI charge was dismissed or you were found not guilty, you may be eligible for expungement (Tex. Code Crim. Proc. Art. 55.01). For those who received deferred adjudication, a non-disclosure order may be available to seal the record under specific circumstances.

### How Does A DWI Affect My Commercial Driver’s License (CDL)?

A DWI conviction can have serious consequences for CDL holders. Even for a first-time DWI, your CDL can be suspended for at least one year (Tex. Transp. Code § 522.081). If you were transporting hazardous materials at the time, the suspension period is increased to three years. A second DWI offense will result in a lifetime disqualification of your CDL.

### Is Jail Time Mandatory For A First-Time DWI Conviction In Texas?

Jail time is not mandatory for a first-time DWI offense in Texas if probation is granted. However, you could still face up to 180 days in jail (Tex. Penal Code § 49.04). The likelihood of receiving probation depends on the circumstances of the case and your criminal history.

### Will A DWI Conviction Affect My Immigration Status?

A DWI conviction can have serious implications for non-U.S. citizens. While a first-time DWI is not typically a deportable offense, it can still complicate immigration matters, especially if you are convicted of a felony DWI, which may be classified as a crime of moral turpitude under immigration law. This could affect visa renewals, green card status, or naturalization.

## Contact Our Galveston DWI Lawyer For Your Free Consultation

If you’ve been charged with a DWI in Texas, it’s important to act quickly. At Mark Diaz & Associates, we understand how overwhelming this experience can be, and we are here to help you through every step of the process. The costs of a DWI conviction go beyond fines and fees—you need a legal team that knows how to protect your rights and fight for your future.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We serve Galveston and Houston, along with the surrounding areas. Let us help you protect your rights and fight back against false or exaggerated accusations.

**Categories:** DWI Lawyer

---

### [What Can Enhance Criminal Charges In Texas?](https://texascriminaljustice.com/what-can-enhance-criminal-charges-in-texas/)

**Published:** November 18, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal charges](https://texascriminaljustice.com/wp-content/uploads/2024/11/Diaz-4-What-Can-Enhance-Criminal-Charges-In-Texas_Nov-2024.jpg "criminal charges")Criminal charges in Texas can escalate quickly, depending on the circumstances surrounding the alleged offense. In many criminal cases, what starts as a relatively minor offense can become far more serious due to factors like prior convictions, the use of weapons, or the involvement of minors.

At our firm, our attorneys have seen how these criminal offense enhancements can drastically affect the outcome of a case, leading to more severe penalties, including longer prison sentences, steeper fines, and longer-term consequences on a person’s life. Understanding what factors enhance criminal charges is critical for anyone facing charges in Texas, as the ramifications can change the course of your case and your future. We will now explain the key situations that can lead to enhancements under Texas law.

## Prior Convictions And Repeat Offender Enhancements

One of the most common ways that criminal charges are enhanced in Texas is through prior convictions. If you have been convicted of a crime in the past, a subsequent offense may result in enhanced charges. [Texas Penal Code § 12.42](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm) outlines how repeat and habitual offenders face stiffer penalties, particularly when convicted of felony offenses. For instance, a second-degree felony can be enhanced to a first-degree felony if the defendant has been to prison before for prior felonies. The same applies to misdemeanor offenses under [Texas Penal Code § 12.43](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm), which may elevate penalties for repeat offenders, making a Class A misdemeanor punishable by a more severe sentence.

The legal ramifications of being labeled a habitual offender are severe. Sentencing enhancements for repeat offenders can turn what would have been a manageable sentence into decades of imprisonment. As defense attorneys, our role is to challenge the use of past convictions when appropriate, whether through negotiations or in court.

### Use Of A Deadly Weapon

Another factor that can enhance criminal charges in Texas is the use or display of a deadly weapon during the commission of an offense. According [to Texas Penal Code § 1.07(a)(17)](https://codes.findlaw.com/tx/penal-code/penal-sect-1-07/), a “deadly weapon” includes firearms, knives, or any object used in a way that could cause serious bodily injury or death. If a deadly weapon is used during the commission of a crime, it could lead to significant enhancements, especially in crimes like aggravated assault ([Texas Penal Code § 22.02](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)) or robbery ([Texas Penal Code § 29.03](https://codes.findlaw.com/tx/penal-code/penal-sect-29-03/)).

The enhancement of charges due to the use of a deadly weapon can result in longer prison sentences and a “deadly weapon finding” on your record, which affects parole eligibility. This is a critical element of defense that we address in these cases, as a deadly weapon finding can make parole far more difficult to obtain. We work with clients to build defenses that challenge the prosecution’s evidence regarding the use of a deadly weapon and aim to reduce the severity of the charges.

### Crimes Involving Minors

When a crime involves minors, Texas law takes these offenses especially seriously, often enhancing the charges. Crimes such as sexual assault, drug distribution, or kidnapping can carry much steeper penalties when a minor is involved. For example, the [Texas Penal Code § 22.021](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm), which addresses aggravated sexual assault, includes harsher penalties when the victim is under the age of 14. The same goes for offenses involving the sale or distribution of controlled substances to minors, as outlined in [Texas Health and Safety Code § 481.122](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-122/).

The involvement of minors often makes negotiating a plea agreement or seeking a lighter sentence more challenging. Prosecutors and judges tend to approach these cases with a heightened level of severity, which is why it’s crucial to have a defense team ready to fight these enhancements vigorously.

### Drug Offenses In Drug-Free Zones

In Texas, drug offenses that occur within “drug-free zones” face significant enhancements. According to [Texas Health and Safety Code § 481.134](https://statutes.capitol.texas.gov/docs/HS/htm/HS.481.htm), drug-free zones include areas around schools, playgrounds, and other locations where children are likely to be present. If a drug-related offense occurs in a drug-free zone, the penalties can be increased significantly. For instance, a possession charge that might typically be considered a third-degree felony could be enhanced to a second-degree felony if it takes place within a drug-free zone.

The purpose of this law is to protect children from exposure to drug-related activities, but it also means that someone who unknowingly commits an offense within these zones could face much stiffer penalties. Our approach in these cases is to challenge the evidence regarding the location of the offense and work to minimize the impact of these zone-based enhancements.

### Hate Crime Enhancements

Under [Texas Penal Code § 12.47](https://casetext.com/statute/texas-codes/penal-code/title-3-punishments/chapter-12-punishments/subchapter-d-exceptional-sentences/section-1247-penalty-if-offense-committed-because-of-bias-or-prejudice#:~:text=November%2021%2C%202023.-,Section%2012.47%20-%20Penalty%20If%20Offense%20Committed%20Because%20of%20Bias%20or,increased%20to%20the%20punishment%20prescribed), crimes motivated by bias or prejudice can lead to enhanced charges. This includes offenses where the defendant targets a victim based on race, color, disability, religion, national origin, or sexual orientation. If a crime is found to be motivated by hate, the charge can be enhanced by one level. For example, a third-degree felony could be raised to a second-degree felony.

Hate crime enhancements add a level of complexity to cases because they introduce issues of intent and motivation. These factors can be subjective and difficult to prove, which is where our defense strategies come into play. We thoroughly investigate the circumstances surrounding the case to challenge the prosecution’s assertions about bias or prejudice.

### Family Violence Enhancements

In Texas, charges of assault can be enhanced if the alleged victim is a family member, household member, or someone in a dating relationship with the defendant. [Texas Penal Code § 22.01(b)](https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/) outlines how assault charges involving family violence can be elevated from a Class A misdemeanor to a third-degree felony if the defendant has prior convictions for family violence or if strangulation is involved.

These enhancements are especially serious because they can lead to more severe penalties and longer-term consequences, such as losing the right to own firearms. Our defense strategies focus on challenging the evidence of family violence and exploring options for reducing the charges.

## Legal Defenses Against Charge Enhancements

While enhancements can make charges more severe, they are not always inevitable. There are legal defenses available that we can use to help mitigate or avoid these enhancements altogether.

For example:

- **Challenging Prior Convictions:** In cases where a client’s prior convictions are being used to enhance the current charges, we may be able to challenge the validity of those past convictions.
- **Disputing Deadly Weapon Findings:** When a deadly weapon is alleged, we work to show that the object in question was not used in a way that justifies the enhancement.
- **Lack of Intent:** For hate crime enhancements, demonstrating that the alleged offense was not motivated by bias or prejudice can be a key defense.

Each case is unique, and we work closely with our clients to build the best possible defense tailored to their specific circumstances.

## FAQs About Enhancing Criminal Charges In Texas

### What Qualifies As A Prior Conviction Under Texas Law?

A prior conviction is any previous criminal offense for which a person has been found guilty. Under Texas Penal Code § 12.42, prior convictions can be used to enhance new charges, leading to more severe penalties. This applies whether the prior conviction occurred in Texas or another state.

### Does A Deadly Weapon Enhancement Apply To All Types Of Weapons?

No, a deadly weapon enhancement only applies to objects that meet the legal definition of a deadly weapon under Texas Penal Code § 1.07(a)(17). This includes firearms, knives, and other objects used in a manner that can cause serious bodily injury or death. If the prosecution can prove that the weapon was used or displayed during the offense, it could lead to an enhanced charge.

### How Does Being In A Drug-Free Zone Affect My Drug Charges?

If you are charged with a drug-related offense in a drug-free zone, such as near a school or playground, your penalties will likely be enhanced. Under Texas Health and Safety Code § 481.134, the proximity to these protected areas can increase the severity of the offense, leading to longer prison sentences and higher fines.

### Can Family Violence Charges Be Enhanced If No One Was Seriously Injured?

Yes, even if no one was seriously injured, family violence charges can be enhanced based on other factors, such as prior convictions or the use of strangulation. Texas Penal Code § 22.01 allows for misdemeanor family violence charges to be enhanced to felonies in certain situations.

## Call Our Galveston Criminal Defense Lawyer For Your Free Consultation

If you or a loved one are facing criminal charges in Galveston or Houston, it’s important that you understand how charge enhancements could impact your case. At Mark Diaz & Associates, we are experienced in defending against enhanced charges and fighting for the best possible outcome for our clients. Criminal charges can have long-lasting consequences, and enhancements only make those consequences more severe. Don’t leave your future to chance. Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/).

**Categories:** Criminal Defense Lawyer

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### [How To Challenge BAC Chemical Test Results In Texas DWI Cases](https://texascriminaljustice.com/how-to-challenge-bac-chemical-test-results-in-texas-dwi-cases/)

**Published:** December 2, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![alcohol test](https://texascriminaljustice.com/wp-content/uploads/2024/12/Diaz-1-How-to-Challenge-BAC-Chemical-Test-Results-in-Texas-DWI-Cases1_December-2024.jpg "alcohol test")A DWI (Driving While Intoxicated) criminal conviction will have life-changing consequences with significant legal and financial impacts. For many clients, the crux of the case is the result of a [blood alcohol concentration (BAC) test](https://www.txdot.gov/safety/driving-laws/impaired-driving.html), which prosecutors often view as irrefutable evidence. However, BAC chemical test results are not flawless. At Mark Diaz & Associates, our Galveston DWI defense attorneys understand the science behind BAC testing and the potential errors that can arise, leading to false or misleading results.

As Texas DWI lawyers, we know the importance of questioning every detail in a case to defend our client’s rights. We will now explain key strategies to challenge BAC chemical test results, drawing from Texas DWI laws and statutes. If you’re facing a DWI charge, this information can help you understand how we approach these cases to protect your future.

## Understanding BAC Chemical Testing In Texas

In Texas, law enforcement agencies may use various chemical tests to determine a person’s BAC. These tests include breath tests (using a machine such as the Intoxilyzer 9000), blood tests, and, occasionally, urine tests. The legal BAC limit for most drivers is 0.08%, but for drivers under 21, Texas enforces a [zero-tolerance policy](https://www.dps.texas.gov/internetforms/getForm.ashx?id=DL-20.pdf). While these tests seem straightforward, the results are only as reliable as the procedures used to administer them. Our job as DWI lawyers is to examine each step of the BAC testing process to identify any flaws that could cast doubt on the accuracy of the results.

## Texas Law And BAC Test Admissibility

In Texas, BAC test results must meet certain legal requirements to be admissible in court. According to the [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.), a DWI conviction hinges on proving that a person’s BAC exceeded the legal limit or that they were otherwise impaired. For the prosecution to be allowed to admit BAC results as evidence in your criminal trial, the prosecution must show that the testing process adhered to Texas Department of Public Safety (DPS) standards. If there are deviations in the procedures, we can file motions to suppress the evidence, which could weaken the state’s case against you.

## Common Issues With BAC Breath Testing Machines

Breath-testing machines are often viewed as reliable. However, several factors can affect their accuracy. We examine these factors in each case, looking for:

- **Calibration Errors:** Texas requires regular calibration of breath-testing machines to ensure accuracy. If a machine isn’t calibrated correctly, it may produce inaccurate readings. We review maintenance records to determine if there were lapses in calibration.
- **Residual Mouth Alcohol:** Certain substances, such as mouthwash or medications, can cause residual alcohol to remain in a person’s mouth, leading to inflated BAC results. Texas law requires officers to observe the individual for a minimum period (usually 15 minutes) before administering the test, allowing any residual alcohol to dissipate. We verify whether this observation period was followed.
- **Health Conditions and Breathing Patterns:** Conditions like acid reflux, diabetes, or asthma can affect breath test results. Additionally, deep or shallow breathing can alter the BAC reading. We often consult medical experts to evaluate whether a client’s health condition could have impacted the results.

## Problems With Blood Testing In Texas DWI Cases

Blood tests are generally more accurate than breath tests but are not immune to errors. When evaluating blood test results, we consider the following factors:

- **Chain of Custody Issues:** For blood test evidence to hold up in court, there must be an unbroken chain of custody from the time the sample was drawn to its analysis. If there’s a gap or irregularity in handling, we may challenge the test’s reliability.
- **Contamination:** Blood samples could become contaminated if not properly collected or stored. If the sample was not preserved correctly, the alcohol content could increase over time, leading to artificially high BAC readings.
- **Testing Procedures:** In Texas, blood tests must follow strict procedural guidelines. These guidelines include sterilizing the skin with non-alcohol-based swabs before drawing blood. Using an alcohol-based swab can cause contamination and potentially lead to a false positive. We scrutinize every step taken during the blood draw and handling process to identify any procedural lapses.

## Challenging The Timing Of BAC Testing

In DWI cases, timing is crucial. A driver’s BAC can fluctuate after drinking, and Texas law recognizes that BAC levels change over time. Known as “[retrograde extrapolation](https://ncpro.sog.unc.edu/manual/613-1#:~:text=Retrograde%20extrapolation%20uses%20a%20defendant's,is%20eliminated%20from%20the%20body.),” this principle considers how alcohol is absorbed and metabolized by the body. If significant time elapsed between the arrest and the BAC test, the results might not accurately reflect the BAC at the time of driving. We frequently work with experts to analyze the timing of BAC testing in our cases, arguing that the results do not directly correlate with our client’s condition while driving.

## Legal Defenses To BAC Test Results In Texas

Several legal defenses may apply to challenge BAC test results in Texas, including:

- **Constitutional Violations:** If an officer did not have probable cause to conduct a BAC test, we may argue that your Fourth Amendment rights were violated. An illegal stop or lack of probable cause can lead to the suppression of evidence.
- **Lack of Informed Consent:** Texas follows an “implied consent” law, meaning that drivers implicitly agree to BAC testing if arrested for a DWI. However, officers must inform you of the consequences of refusal. If they failed to do so, we may argue that you did not give informed consent.
- **Invalid Test Administration:** Texas requires specific protocols for BAC testing. If we identify any procedural errors, such as improper storage or handling, we may file a motion to exclude the test results from evidence.

## Steps We Take To Challenge BAC Test Results

At Mark Diaz & Associates, we take a proactive approach to challenging BAC test results. Here’s a look at the steps we typically follow:

1. **Reviewing the Arrest and Testing Procedures:** We carefully review the police report, looking for any procedural errors during the arrest and BAC testing.
2. **Obtaining Maintenance and Calibration Records:** For breathalyzer tests, we check the machine’s maintenance and calibration history.
3. **Consulting Experts:** In cases involving health conditions or timing issues, we consult with medical and forensic experts to understand how these factors might have impacted the BAC results.
4. **Filing Motions to Suppress Evidence:** If we identify issues that undermine the reliability of the BAC test, we file motions to suppress the results from being used as evidence.

Our goal in every DWI case is to reduce or dismiss the charges by challenging every piece of evidence that can be called into question.

## Breathalyzer Test FAQs

### How Accurate Are Breathalyzer Tests In Texas DWI Cases?

Breathalyzer tests are generally accurate when maintained and calibrated correctly, but they are not infallible. Several factors, such as machine calibration errors, medical conditions, and the presence of certain substances in the mouth, can impact the accuracy of breath tests. Texas law requires breathalyzers to be calibrated at regular intervals to ensure reliability. When defending a client, we obtain the calibration and maintenance records for the breathalyzer to verify whether it was in proper working order at the time of testing.

### Can A Health Condition Affect BAC Test Results?

Yes, certain health conditions can interfere with BAC results. For example, individuals with acid reflux may have residual alcohol in their esophagus, leading to falsely elevated BAC levels in a breath test. Diabetic individuals can produce acetone, which breathalyzers may mistake for alcohol. We consult with medical experts to determine whether a health condition could have influenced the results and challenge the BAC findings if applicable.

### What Happens If The Police Don’t Follow The Correct Procedures For A BAC Test?

If the police fail to follow proper procedures, we may file a motion to suppress the test results. Texas law mandates specific guidelines for administering BAC tests, including the observation period and chain of custody for blood samples. Any deviation from these guidelines can affect the admissibility of the test results. Suppression of the BAC evidence could weaken the prosecution’s case, potentially leading to a reduction or dismissal of charges.

### How Does Texas Law Handle BAC Test Refusals?

Texas operates under an “implied consent” law, meaning that by driving, you consent to BAC testing if arrested for DWI. However, you have the right to refuse testing, although it comes with penalties, such as automatic license suspension. In many cases, a refusal can still be used as evidence against you in court. We often address BAC refusals by questioning the officer’s actions during the arrest and ensuring they informed you of the consequences before requesting the test.

### Can A Blood Test Result Be Challenged In Texas?

Yes, blood test results can be challenged on several grounds. Issues with chain of custody, contamination, improper handling, or use of alcohol-based swabs can all affect the accuracy of blood test results. In many cases, we scrutinize the entire process, from collection to analysis, to identify potential issues that could make the test results unreliable.

## Call Our Galveston DWI Lawyer For Your Free Consultation

If you’re facing DWI charges based on BAC test results, it’s critical to have a legal team that understands how to challenge these tests effectively. At Mark Diaz & Associates, we are committed to protecting your rights and seeking the best possible outcome for your case. We invite you to reach out to our experienced Galveston DWI lawyers for a free consultation.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/) and to discuss how we can help with your defense. Our firm serves clients throughout Galveston, Chambers, and Harris Counties, and we’re here to guide you through each step of the process.

**Categories:** DWI Lawyer

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### [Understanding The Rising BAC Defense In Texas DWI Cases](https://texascriminaljustice.com/understanding-the-rising-bac-defense-in-texas-dwi-cases/)

**Published:** December 3, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![rising BAC defense](https://texascriminaljustice.com/wp-content/uploads/2024/12/Diaz-2-Understanding-the-Rising-BAC-Defense-in-Texas-DWI-Cases_December-2024.jpg "rising BAC defense")When facing a DWI charge in Texas, it’s important to understand that each case is unique, especially when it involves a defense based on rising “blood alcohol concentration” (BAC). The “rising blood alcohol concentration” defense hinges on the concept that BAC levels may not be stable immediately following the consumption of alcohol.

Instead, they can continue to rise for some time, potentially causing a driver’s BAC to be higher at the time of testing than it was when they were actually operating their vehicle. This defense can be complex but is a valuable argument for individuals who were tested sometime after they were pulled over. Below, we’ll explain how rising BAC works, when it’s applicable, the legal considerations in Texas DWI law, and why it’s essential to approach these cases with careful, strategic planning.

## How Rising BAC Works: The Science Behind The Defense

To understand this defense, we need to look at the science of alcohol absorption and elimination in the body. After a person consumes alcohol, it doesn’t immediately enter the bloodstream. Instead, alcohol must first pass through the stomach and intestines before it reaches the bloodstream, a process that can take anywhere from [30 minutes to over two hours](https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/binge-drinking). During this “absorption phase,” a person’s BAC is still rising, even though they may have stopped drinking. For individuals who are stopped for suspicion of DWI shortly after drinking, it’s possible that their BAC could continue to increase after they’ve stopped driving.

In Texas, law enforcement typically administers a breath or blood test sometime after the driver is pulled over. This delay creates the potential for a BAC reading that’s higher than what it was while driving, a phenomenon we call “[rising BAC](https://www.nolo.com/legal-encyclopedia/do-i-have-any-chance-of-beating-my-dui-charge-with-a-rising-blood-alcohol-defense.html).” When this defense is applied correctly, it highlights the fact that a driver’s BAC might have been below the legal limit when they were driving, even if it was above the limit when they were tested.

## Texas DWI Laws And Rising BAC Defense

Texas DWI laws are based on [Texas Penal Code Section 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.), which states that it’s illegal for anyone to operate a motor vehicle in a public place with a BAC of 0.08% or higher. The law doesn’t explicitly address rising BAC defenses, but it does rely heavily on BAC evidence gathered through breath or blood tests. This gap in the statute allows for the rising BAC defense to be a viable argument in some cases.

Texas courts have considered the defense, and when we present this argument, we focus on whether the BAC at the time of driving could have been lower than the BAC recorded in the test. This requires detailed analysis, as well as expert testimony, to demonstrate that the BAC rose between the time of driving and the time of testing. By highlighting these details, we work to establish reasonable doubt about the accuracy of the BAC result in relation to the exact time of driving.

## Legal Challenges And Strategies In Applying The Rising BAC Defense

Rising BAC is not a simple defense to assert; it involves careful scrutiny of testing procedures, timelines, and other variables. Texas law enforcement relies on several different testing methods, and each can have a significant impact on a DWI case. We must examine whether the test used was conducted accurately, timely, and in compliance with state regulations.

One of the main challenges with the rising BAC defense is that it requires supporting evidence, such as statements from toxicologists or other experts who can attest to the effects of alcohol absorption. This type of evidence demonstrates that BAC levels were likely lower while driving and continued to rise by the time of testing. A solid strategy also includes a review of the arresting officer’s report, the timeline of events, and the accuracy of any field sobriety tests that were conducted.

## Presenting Expert Testimony: Toxicology And Rising BAC

In Texas, the success of a rising BAC defense often depends on expert testimony. Toxicologists, for example, can explain how alcohol is absorbed and metabolized in the body, supporting the argument that BAC levels were lower during driving than they were at the time of testing. These experts may also examine the specifics of the test performed, including whether it accurately reflects a driver’s BAC at the relevant time.

Presenting this testimony is crucial for convincing a judge or jury that the timing of alcohol absorption created a misleading BAC result. This evidence aims to establish that the BAC was potentially within legal limits while driving and only exceeded them later. In DWI cases, it’s not enough to claim that rising BAC affected the test; we must use scientific evidence to illustrate how the delay between driving and testing could have impacted the BAC reading.

## Addressing Common Misunderstandings About The Rising BAC Defense

We want to clarify a few common misunderstandings surrounding the rising BAC defense. Some people assume that rising BAC is a “loophole” that applies to all DWI cases, but in reality, it only applies under specific conditions. It’s also not a guarantee that a case will be dismissed or reduced. Instead, this defense is most effective when there’s clear evidence that the BAC test result does not accurately reflect the BAC at the time of driving.

Furthermore, the rising BAC defense does not dispute the driver’s consumption of alcohol. Instead, this defense argues that BAC levels rose after driving stopped, potentially misleading law enforcement and the court. For this defense to hold up, credible evidence must show that the rising BAC phenomenon affected the accuracy of the test. Without such evidence, the defense can fall flat, so it’s crucial to approach these cases with realistic expectations and well-prepared evidence.

## When The Rising BAC Defense May Not Apply

While the rising BAC defense can be effective, it’s not suitable for every DWI case. For instance, if a substantial amount of time passed between the time of driving and the BAC test, or if the driver had already completed the absorption phase by the time they were stopped, this defense may be less effective. Additionally, if other evidence, such as witness statements or erratic driving patterns, strongly indicates intoxication, then relying solely on a rising BAC argument could be insufficient.

In these cases, we must look at other potential defenses that might apply, such as challenging the validity of the traffic stop, disputing the field sobriety test results, or questioning whether the breath or blood test was conducted in compliance with state regulations. By combining the rising BAC defense with other legal arguments, we work to build a stronger case in situations where rising BAC alone might not be enough.

## The Role Of Timing In BAC Testing

Timing is a crucial factor in BAC testing and DWI defense. In Texas, law enforcement officers are trained to perform tests as quickly as possible, but delays are still common due to the need for a warrant for blood draws, medical delays, or transportation to testing facilities. For drivers with a rising BAC, even a delay of 20 to 30 minutes can mean the difference between a test showing a BAC above or below the legal limit.

Our approach to the rising BAC defense often involves scrutinizing every minute of delay, from the time the driver was stopped to the time the test was administered. This timeline can play a pivotal role in cases where a rising BAC defense is applicable, and by carefully documenting these details, we aim to demonstrate that the test results may not accurately reflect the driver’s true BAC while driving.

## The Importance Of An Experienced Texas DWI Attorney In Rising BAC Cases

Applying the “rising blood alcohol concentration” defense requires a thorough understanding of Texas DWI laws, scientific principles, and legal strategy. For this defense to succeed, it’s essential to have an attorney who understands not only the legal requirements but also the scientific foundation needed to argue effectively. In many cases, expert witnesses, such as toxicologists, are essential, and coordinating this level of defense can be challenging.

For those facing DWI charges in Texas, it’s critical to seek guidance from an attorney who has a comprehensive approach to DWI defenses and knows how to implement a rising BAC argument effectively. We work with our clients to assess whether this defense may be beneficial in their case and, if so, how to use it in combination with other strategies to pursue the best possible outcome.

## Rising BAC Defense FAQs

### What Is The Rising BAC Defense In Texas?

The rising BAC defense is based on the scientific principle that alcohol absorption takes time, meaning a person’s blood alcohol concentration could continue to increase even after they stop drinking. In Texas, this defense argues that the BAC level could have been below the legal limit while the individual was driving but rose above that limit by the time of testing.

This defense is particularly relevant when there’s a delay between the time of driving and when the BAC test is administered, as it suggests that the BAC at the time of testing may not accurately reflect the BAC while driving.

### How Does The Rising BAC Defense Work In A Texas DWI Case?

To use the rising BAC defense effectively in Texas, we need to show that the BAC test results were impacted by the time delay between driving and testing. This often involves expert testimony from toxicologists who can explain how alcohol absorption works in the body. These experts support the argument that the BAC was likely lower at the time of driving, creating reasonable doubt about the accuracy of the BAC reading taken after a delay.

### Is The Rising BAC Defense Commonly Used In Texas?

The rising BAC defense is one of several defenses used in Texas DWI cases, but it’s not applicable in every situation. It is most effective in cases where a BAC test was administered after a significant delay, which may have resulted in an artificially high reading. This defense is also most effective when supported by scientific evidence and expert testimony, showing that the rising BAC phenomenon likely affected the BAC level at the time of the test.

### Why Is Timing Important In A Texas DWI Case Involving A Rising BAC Defense?

Timing is crucial because BAC levels change over time as the body absorbs and eliminates alcohol. In Texas, law enforcement typically conducts BAC tests sometime after a person is stopped, which can lead to a higher reading than what was present while driving. For a rising BAC defense, we analyze the timeline carefully to show that the BAC was lower during driving and only reached a higher level later. This timing factor can be key in creating reasonable doubt about the accuracy of the BAC test.

## Contact Our Galveston DWI attorney

If you’re facing DWI charges and believe that a rising BAC defense may apply to your case, Mark Diaz & Associates can provide the guidance and representation you need. Our team of experienced DWI defense attorneys will work with you to build a defense that addresses the unique aspects of your case. To [receive a free consultation](/landing-form/), contact our [Galveston DWI attorney](/dwi-charges/) at Mark Diaz & Associates by calling us at 409-515-6170. We represent clients throughout Galveston, Chambers, and Harris Counties from our office in Galveston.

**Categories:** DWI Attorney

---

### [Why Talking To The Police Could Ruin Your Defense In A Criminal Case](https://texascriminaljustice.com/why-talking-to-the-police-could-ruin-your-defense-in-a-criminal-case/)

**Published:** December 10, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![talking to police](https://texascriminaljustice.com/wp-content/uploads/2024/12/Diaz-3-Why-Talking-to-the-Police-Could-Ruin-Your-Defense-in-a-Criminal-Case_December-2024.jpg "talking to police")When you are facing criminal charges, understanding your rights and the potential impact of speaking to law enforcement officers is very important. Many people believe that cooperating fully with the police is the best path to clearing their name, but this approach can seriously compromise your defense. In reality, anything said to the police can be used against you, often in ways that you may not anticipate. Law enforcement is trained to gather evidence, and even seemingly innocent statements can be turned against you. We, as criminal defense attorneys in Galveston, know that staying silent and consulting with legal counsel is often the best approach to safeguarding your rights and ensuring a strong defense.

## The Right To Remain Silent And Why It Matters

The Fifth Amendment of the U.S. Constitution grants everyone the right to remain silent when questioned by police, protecting them from self-incrimination. Exercising this right is particularly important when facing criminal charges in Texas, especially in DWI cases. By invoking your right to remain silent, you reduce the likelihood that anything you say will be misinterpreted or used against you in court.

Many individuals believe that cooperating with law enforcement by providing information will help them avoid charges or lessen their consequences. However, police officers are legally allowed to use your statements in ways you may not expect. We often advise clients that remaining silent does not imply guilt; instead, it is a powerful legal safeguard that prevents self-incriminating statements from harming their defense.

## The Risks Of “Casual Conversations” With Police

One of the biggest mistakes people make is engaging in seemingly harmless, “casual conversations” with law enforcement. These informal exchanges may feel unthreatening, but they carry the same legal risks as formal interrogations. Statements made “off the record” are still admissible in court, and officers are trained to extract information subtly, even through seemingly friendly conversations.

It is permissible generally under the Texas Rules of Evidence for any information given during these exchanges to be used against you in a potential case. This holds especially true in DWI cases, where innocent remarks such as, “I only had a few drinks” or “I’m not that drunk” can be detrimental. Our experience shows that these casual statements often weaken the foundation of a solid defense, so we strongly advise clients to avoid discussing their case without an attorney present.

## Police Tactics To Be Aware Of

Police officers are trained in interrogation techniques, including tactics designed to encourage self-incrimination. Often, these methods are subtle, giving the impression that they are just “trying to help.” Common strategies include:

- **Offering leniency** – Police may suggest that cooperating will lead to reduced charges or leniency. However, they lack the authority to make such promises; only a prosecutor can negotiate plea deals or reduced charges.
- **Creating a false sense of urgency** – Officers may imply that immediate cooperation is necessary or that delaying will worsen the situation. This pressure is often used to prompt individuals into making statements before consulting with a lawyer.
- **Claiming they “just want your side of the story”** – Police may appear sympathetic, asking for your side to “clear things up.” In reality, their goal is often to secure admissions or other statements that could strengthen their case against you.

These tactics aim to collect information that will ultimately weaken your defense. In Texas, DWI cases hinge on evidence that can demonstrate impairment, and statements made under pressure can fill gaps in the prosecution’s case. Remaining silent and consulting with an attorney helps ensure that your defense is not undermined by these tactics.

### Why The Presence Of An Attorney Matters

Having an attorney present during any police interaction is essential. We provide the legal knowledge and experience needed to guide you through questioning, helping ensure that your rights are protected and that you do not make statements that could harm your case. Under [Texas Code of Criminal Procedure Art. 38.22](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-22/#:~:text=(b)%20Every%20electronic%20recording%20of,offenses%20is%20barred%20by%20law.), confessions made during custodial interrogations are only admissible if the accused has been read their rights and either waives those rights knowingly or speaks voluntarily. An attorney can ensure that law enforcement follows proper procedures, which can be pivotal in the outcome of a criminal case.

With an attorney present, you have an advocate who can help you respond in ways that do not incriminate you, while also preserving your right to silence. For individuals facing serious charges such as DWI, this guidance can be the difference between conviction and dismissal, as each statement you make is a potential piece of evidence that the prosecution can use.

### Legal Ramifications Of Self-Incriminating Statements

The consequences of making self-incriminating statements to the police are far-reaching. In Texas, DWI charges carry severe penalties, including hefty fines, license suspension, mandatory community service, and potential jail time. Self-incriminating statements often provide a foundation for the prosecution’s case, strengthening their argument and making it more challenging to secure an acquittal or reduced sentence.

In our experience, clients who avoid talking to law enforcement without legal guidance often stand a better chance of protecting their rights and achieving favorable outcomes. Silence, in this context, is one of the most effective defensive tools. Each statement made to law enforcement is a piece of evidence that the prosecution can leverage, and once spoken, these words cannot be taken back.

### The Value Of Early Legal Intervention

Contacting a criminal defense attorney immediately after an arrest can dramatically improve the defense process. Early intervention allows us to begin evaluating evidence, advising on interactions with law enforcement, and ensuring that all legal procedures are followed correctly. Under Texas law, certain procedural missteps by law enforcement, such as failing to advise you of your Miranda rights, can make certain statements inadmissible. By involving an attorney early, you have a stronger foundation for challenging any statements the prosecution may try to introduce.

With experienced representation, you gain an advocate who can analyze every detail of the prosecution’s case, providing an informed defense that protects your rights and works towards

the most favorable outcome.

## Police Interrogation FAQs

### Why Is Staying Silent Important If I’m Innocent?

Remaining silent is essential because even innocent statements can be twisted to support a narrative of guilt. Police are trained to use every piece of information to build a case, and innocent remarks may still be used to fill in gaps in their evidence. By staying silent, you prevent misunderstandings or misinterpretations from complicating your defense, allowing your attorney to handle all interactions.

### Can I Refuse To Answer Questions If The Police Pull Me Over For A DWI In Texas?

Yes, you have the right to remain silent, even if you are stopped for a suspected DWI in Texas. While you are required to provide your identification, you are not obligated to answer questions about your alcohol consumption or activities. Under Texas law, refusing to answer questions protects your right against self-incrimination. Further, you do not have to participate in the field sobriety tests the officer asks you to do. However, refusing to submit a blood or breath sample when requested may have legal consequences, so consulting an attorney as soon as possible is essential.

### How Can An Attorney Help If I Already Spoke To The Police?

Even if you have spoken to the police, an attorney can still help minimize the impact of your statements. We can evaluate whether your statements were taken legally and examine if your rights were violated during questioning. In some cases, if law enforcement failed to follow proper protocol, we may be able to exclude your statements from evidence. Having an attorney assess these factors strengthens your defense, regardless of what you’ve already said.

### If I Haven’t Been Arrested, Should I Still Avoid Talking To The Police?

Absolutely. Even if you are not under arrest, speaking to the police can still be risky. Law enforcement may still use anything you say against you later. If police contact you for “routine questioning,” it’s best to politely decline and inform them you would like to consult an attorney. Protecting your rights from the outset helps preserve your legal options and ensures your defense is as strong as possible.

### What Are The Penalties For A DWI Conviction In Texas?

Penalties for a DWI conviction in Texas vary but generally include fines, jail time, and/or a license suspension. For first-time offenders, penalties can include fines up to $2,000, up to 180 days in jail, and a driver’s license suspension of up to one year. Repeat offenses lead to harsher consequences, such as longer jail terms, larger fines, and extended license suspensions. An attorney can help you understand the specific penalties you may face and develop a strategy to mitigate them.

## Contact Our Galveston Criminal Lawyer For Your Free Consultation

If you’re facing criminal charges in Galveston or have been questioned by law enforcement, protecting your defense starts with a single choice: refuse to speak without consulting an attorney. Mark Diaz & Associates understands the importance of safeguarding your rights from the outset. With decades of experience, we know how to protect you from the risks of self-incrimination and build a strong defense for your case.

For immediate assistance, contact our [Galveston criminal lawyer](/criminal-defense/) at Mark Diaz & Associates at 409-515-6170 to [receive your free consultation](/landing-form/). We proudly represent clients across Galveston, Brazoria, and Harris Counties, providing strategic defense from our Galveston office. Protect your rights with the guidance of experienced attorneys—schedule your free consultation today.

**Categories:** Criminal Lawyer

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### [What Are The Penalties For A Felon With A Firearm In Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-a-felon-with-a-firearm-in-texas/)

**Published:** December 17, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![gun possession](https://texascriminaljustice.com/wp-content/uploads/2024/12/Diaz-4-What-Are-The-Penalties-for-a-Felon-With-a-Firearm-in-Texas_December-2024.jpg "gun possession")When someone is convicted of a felony in Texas, they lose certain rights, including the right to possess a firearm. While there are pathways for some individuals to regain this right after a period of time, the restrictions on firearm possession for felons in Texas are strict, with severe penalties for violations. If a person with a felony conviction is caught with a firearm, the legal consequences can be substantial and life-altering. Here, we explain the legal ramifications of a [felon possessing a firearm in Texas](https://www.sll.texas.gov/faqs/gun-felony-conviction/#:~:text=Section%2046.04%20of%20the%20Texas,does%20not%20contain%20that%20exception.), covering applicable laws, penalties, potential defenses, and why understanding these laws is essential for protecting one’s freedom.

## Texas Felon In Possession Of A Firearm Laws

Under [Texas Penal Code Section 46.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm), it is generally illegal for a person with a felony conviction to possess a firearm. However, Texas does allow certain [limited circumstances](https://www.sll.texas.gov/faqs/gun-felony-conviction/#:~:text=Section%2046.04%20of%20the%20Texas,does%20not%20contain%20that%20exception.) where a felon may legally possess a firearm in their home, specifically after five years have passed from the date of their release from confinement, probation, or parole. Beyond this, possession of a firearm by a felon is a serious criminal offense that can lead to prosecution and severe penalties if convicted.

## Penalties For Felon With A Firearm Charge In Texas

Possessing a firearm as a convicted felon in Texas is a [third-degree felony](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm), which carries serious consequences. A third-degree felony conviction can lead to a prison sentence of two to ten years and a fine of up to $10,000. But, there are factors that can make the situation more complex or severe. For instance:

- **Multiple Felony Convictions –** If an individual has been convicted of multiple felonies, they may face enhanced penalties.
- **Use of Firearm in Commission of Another Crime –** If the firearm is used during the commission of another crime, this can lead to additional charges or higher penalties.
- **Federal Charges –** In some cases, federal law enforcement may get involved. Under federal law, possession of a firearm by a convicted felon is also prohibited, leading to federal charges, which can carry even harsher penalties.

## Federal “Felon With A Firearm” Laws

In addition to Texas state law, federal law also prohibits convicted felons from possessing firearms. The federal law governing felon firearm possession is codified in 18 U.S. Code Section 922(g), which makes it illegal for anyone with a felony conviction to possess, receive, or transport a firearm. Federal law provides no grace period or exceptions that allow possession even after a certain amount of time has passed. Federal penalties for firearm possession by a felon can result in prison sentences of up to ten years, with the possibility of enhanced penalties if other federal crimes are involved.

## The Difference Between State And Federal Charges

A person with a felony conviction in Texas may face charges in both state and federal court if they are found in possession of a firearm. While Texas allows limited firearm possession for felons in their homes after five years, federal law makes no such exceptions. As a result, someone who may be in compliance with Texas law could still face federal charges, which do not allow possession under any circumstances. Federal cases are often prosecuted more aggressively, and sentences are served in federal prison, where early release options are limited compared to the state system.

## Enhancements Based On Prior Convictions

Texas law allows enhanced penalties for felons found in possession of firearms if they have previous convictions. If a person has multiple felony convictions, they could face harsher sentencing under Texas’s habitual offender laws. This could mean a longer prison sentence than the standard two to ten years associated with a third-degree felony. Additionally, prosecutors may seek maximum penalties, particularly if they believe the felon poses a significant risk to public safety.

## Defenses To Firearm Possession By A Felon

If you are a felon and you have been charged with possessing a firearm in Texas, there are legal defenses that might apply. Each case is unique, but common defenses include:

1. **Lack of Knowledge –** If the defendant was unaware of the firearm’s presence, it could serve as a defense. For example, if a firearm was found in a car, the defendant borrowed, and they were unaware of it, this might be used in their defense.
2. **Residence Exception –** Texas law allows felons to possess firearms in their residence after five years have passed since their release from prison, parole, or probation. If the possession occurred in the individual’s home and they met the five-year requirement, this may serve as a defense.
3. **Violation of Rights –** If law enforcement violated the defendant’s Fourth Amendment rights by conducting an unlawful search, any evidence (including the firearm) obtained during the search may be excluded from court.

### How We Approach Firearm Possession Cases for Felons

As a team, we evaluate every aspect of the case to build a strong defense. Our approach includes:

- **Thorough Review of Evidence –** Our legal professionals meticulously examine the evidence to identify weaknesses in the prosecution’s case.
- **Examination of Search and Seizure Procedures –** Our attorneys will investigate the circumstances of any search that led to the discovery of the firearm. If the search was unlawful, we may move to suppress the evidence.
- **Negotiation and Plea Bargaining –** In some cases, negotiating with the prosecution often leads to reduced charges or penalties. Our legal team will explore every option to protect our clients.

With our extensive knowledge of Texas firearm laws, we provide legal representation tailored to each client’s unique circumstances. Our goal is to minimize the consequences and provide a pathway forward for those facing these serious charges.

## FAQs On Felon With Firearm Penalties In Texas

### What If I Was Unaware That The Firearm Was In My Possession?

If you genuinely did not know about the firearm’s presence, this could be a defense in your case. The state is required to prove knowledge on your part of the gun in your possession. So, with the right legal support, this can be a viable defense.

### Is There Any Way For A Felon To Legally Possess A Firearm In Texas?

Yes, Texas law allows limited firearm possession for felons, but only within the home and only after five years have passed since their release from confinement, parole, or probation. This exception applies solely to personal residence and does not grant permission for possession in public spaces. However, this does not apply under federal law, which prohibits firearm possession by felons entirely.

### Can A Federal Charge Be Added If I’m Charged Under Texas Law For Firearm Possession?

Yes, you can face both state and federal charges for firearm possession as a felon. Federal law does not allow felons to possess firearms under any circumstances, regardless of Texas’s five-year rule for residence-only possession. Federal prosecutors may bring charges that carry longer prison terms and higher fines, so it is crucial to understand that federal involvement can escalate the case.

### How Does The Residence-Only Firearm Possession Rule Work For Felons In Texas?

In Texas, felons are permitted to possess firearms within their own residence after five years have passed since their release. However, this possession is restricted to the home and cannot extend to public areas, vehicles, or workplaces. Additionally, federal law still prohibits any possession, so even legal compliance under Texas law does not protect against potential federal prosecution.

### Can I Get My Firearm Rights Restored In Texas?

Restoring firearm rights in Texas is possible under limited circumstances, but it typically requires a pardon or judicial order, which is difficult to obtain. Texas does not have a formal process for restoring firearm rights for felons. Individuals interested in restoring these rights may need to pursue a pardon, which is a lengthy process and rarely granted.

## Contact Our Galveston Gun Possession Lawyer For A Free Consultation

If you or a loved one is facing charges for possessing a firearm as a felon in Texas, the potential penalties can be severe. At Mark Diaz & Associates, we are committed to defending our clients’ rights and navigating the complex firearm laws in Texas. With our knowledge of Texas firearm and criminal law, we are ready to provide aggressive defense strategies tailored to your case. Contact us today to discuss your situation and understand your options.

For those seeking help with a firearm possession case in Galveston, Brazoria, or Harris Counties, we offer a free consultation to answer your questions and explain how we can assist. Contact our [Galveston gun possession lawyer](/criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/).

**Categories:** Gun Possession Lawyer

---

### [Challenging Breathalyzer Accuracy In Galveston DWI Cases](https://texascriminaljustice.com/challenging-breathalyzer-accuracy-in-galveston-dwi-cases/)

**Published:** December 30, 2024
**Author:** Mark Diaz &amp; Associates

**Content:**

![breathalyzer](https://texascriminaljustice.com/wp-content/uploads/2024/12/Diaz-1-Challenging-Breathalyzer-Accuracy-in-Galveston-DWI-Cases_Jan-2025.jpg "breathalyzer")If you’ve been charged with Driving While Intoxicated (DWI) in Galveston, you may have been asked to submit to a breathalyzer test. [Breathalyzer tests](/do-i-have-to-take-a-breath-test-an-overview-of-texas-law/) are commonly used to measure a driver’s blood alcohol concentration (BAC), and they are often relied upon as evidence in DWI cases. However, these devices are not infallible. There are several factors that can affect the accuracy of breathalyzer results, and in some cases, these factors can be used to challenge the validity of the test and the evidence against you. Understanding how breathalyzer tests work and the potential reasons for inaccuracies is essential when defending against a DWI charge in Texas.

We will now explore the common ways in which breathalyzer tests can be inaccurate and how those inaccuracies can be used in your defense. We will also discuss the legal issues surrounding breathalyzer evidence in Texas DWI cases and the importance of having a knowledgeable attorney to represent your interests. While breathalyzer tests are a key tool for law enforcement, they are not always reliable, and we can help you determine whether the test results should be challenged in your case.

## How Breathalyzers Work In DWI Cases

Breathalyzers are designed to measure the alcohol content in your breath. When you blow into the device the amount of alcohol in a person’s breath using infrared spectroscopy. This is done by analyzing a quantity of infrared light that is absorbed by molecules in a person’s breath, including ethyl alcohol molecules. The amount of infrared light that is absorbed is relative to the concentration of alcohol in a person’s body. If your BAC is over 0.08% (the legal limit in Texas for drivers 21 and older), you can be charged with DWI under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.).

While the breathalyzer test is a common and quick method for determining BAC, it is not always accurate. Several factors can lead to errors in the readings, and in some cases, the results may be skewed or completely inaccurate.

## Factors That Can Affect Breathalyzer Accuracy

1. **Improper Calibration** – Breathalyzers need to be calibrated regularly to ensure they provide accurate readings. If the device has not been properly calibrated or maintained, it could produce incorrect results. Inaccurate calibration is one of the most common issues in breathalyzer cases, and an attorney can subpoena the maintenance records to ensure the device was functioning properly at the time of your test.
2. **Mouth Alcohol** – The presence of alcohol in your mouth at the time of the breathalyzer test can significantly impact the results. Mouth alcohol can be caused by drinking alcohol shortly before the test, burping, or having residual alcohol from previous consumption. If mouth alcohol is not cleared before the test, it can lead to a false high BAC reading. This is an important factor to examine in your case.
3. **Medical Conditions** – Certain medical conditions can affect the accuracy of breathalyzer results. Conditions such as acid reflux, GERD (gastroesophageal reflux disease), or diabetes can cause the body to release alcohol-like substances, which may interfere with the breathalyzer’s reading. These conditions can lead to falsely elevated BAC results.
4. **Environmental Factors** – Temperature and humidity can also impact breathalyzer accuracy. For example, high humidity can affect the sensor, leading to inaccurate readings.
5. **User Error** – Breathalyzer tests can also be inaccurate due to human error. If the officer administering the test did not follow the proper procedures or protocols, the results could be compromised. This can include improper administration of the test or failure to wait the required amount of time between tests.

## Legal Challenges To Breathalyzer Results In Texas DWI Cases

In Texas, law enforcement officers must follow specific procedures when conducting a breathalyzer test. These procedures are outlined in the [Texas Administrative Code Title 37, Part 1, Chapter 19](https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=37&pt=1&ch=19&sch=A&rl=Y). If the officer did not follow the proper steps, the results of the breathalyzer test may be challenged in court.

1. **Chain of Custody Issues** – If there is a break in the chain of custody for the breathalyzer test, the validity of the results could be questioned. If any part of the process was mishandled, the defense could argue that the breathalyzer results are not reliable.
2. **Failure to Provide the Proper Warnings** – Under [Texas Penal Code § 49.04 ](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.)and other related statutes, law enforcement officers must advise you of your rights before administering a breathalyzer test. If they fail to do so, the results may be challenged. This includes ensuring that you are informed of the potential consequences of refusing the test, which could result in a license suspension or other penalties.
3. **Questioning the Reliability of the Breathalyzer Device** – As mentioned earlier, breathalyzer devices must be regularly calibrated and maintained. If the device was not calibrated properly, or if maintenance records are unavailable, this can be used as a defense. Your attorney may request evidence of calibration records or challenge the reliability of the breathalyzer used in your case.

## Potential Defenses Against Breathalyzer Evidence

When challenging breathalyzer evidence, there are several strategies that an experienced DWI defense lawyer may use:

- **Challenge the Officer’s Procedures** – If the officer did not follow the proper procedures during the administration of the breathalyzer test, we may be able to argue that the test results are inadmissible in court.
- **Question the Breathalyzer’s Calibration** – If the breathalyzer was not properly calibrated, we may be able to argue that the test results were inaccurate.
- **Dispute the Accuracy of the Test Results** – If there is evidence of conditions like mouth alcohol or medical conditions that could affect the accuracy of the test, we may challenge the results and present alternative explanations.
- **Raise Reasonable Doubt** – We may argue that, even if the breathalyzer results are accurate, other factors cast doubt on your intoxication at the time of driving, such as field sobriety tests or witness testimony.

## The Importance Of Hiring An Experienced DWI Attorney

If you’ve been arrested for DWI in Galveston, challenging the accuracy of the breathalyzer test is a key component of building a solid defense. Working with an experienced DWI attorney who is knowledgeable about breathalyzer inaccuracies and Texas DWI laws can make a significant difference in the outcome of your case. We can help investigate the circumstances of your arrest, identify potential issues with the breathalyzer test, and advocate for your rights in court.

## Texas DWI Defense FAQs

### What Is The Legal Limit For BAC In Texas?

In Texas, the legal limit for BAC is 0.08% for drivers aged 21 and older. If your BAC exceeds this limit, you can be charged with DWI. However, even if your BAC is under 0.08%, you can still be arrested for DWI if an officer believes you are impaired.

### How Accurate Are Breathalyzers?

Breathalyzers are generally accurate, but their accuracy can be affected by several factors, including improper calibration, medical conditions, and environmental influences. If any of these factors are present, the results may not reflect your actual BAC.

### Can I Refuse A Breathalyzer Test In Texas?

You have the right to refuse a breathalyzer test in Texas, but doing so can result in serious consequences, such as an automatic license suspension. Additionally, your refusal may be used as evidence of guilt in your case.

### How Can My Attorney Challenge Breathalyzer Results?

Your attorney can challenge breathalyzer results by examining the officer’s procedures, the maintenance records of the device, and the presence of factors like mouth alcohol or medical conditions that could have affected the results.

### What Should I Do If I’ve Been Arrested For DWI?

If you’ve been arrested for DWI, contact a qualified attorney immediately. They can help protect your rights, investigate the circumstances of your arrest, and challenge any evidence, such as breathalyzer results, that may be used against you.

### Can The Breathalyzer Results Be Used As The Only Evidence In A DWI Case?

While breathalyzer results are a key piece of evidence in DWI cases, they cannot be the sole factor in determining guilt. In many cases, officers will also rely on field sobriety tests, witness testimony, and other evidence, such as video recordings or observations of the driver’s behavior. If the breathalyzer test is questionable or inaccurate, other pieces of evidence may still be crucial in defending the case.

### Can Environmental Factors Like Weather Affect The Breathalyzer Reading?

Yes, environmental factors like temperature and humidity can sometimes impact the results of a breathalyzer test. If the device is used in extreme weather conditions or if it’s not properly maintained, it could lead to inaccurate readings. Your attorney can examine these factors as part of your defense.

### What Happens If My Breathalyzer Results Are Inaccurate?

If your breathalyzer results are shown to be inaccurate, your attorney can argue that the test results should not be admitted in court. This could lead to a reduction or dismissal of the charges, especially if other evidence does not support the claim of intoxication.

## Contact Our Galveston DWI Defense Lawyers For A Free Consultation

If you are facing a DWI charge in Galveston, it’s crucial to have an experienced attorney on your side to challenge the evidence against you. At Mark Diaz & Associates, we have the knowledge and experience to challenge breathalyzer accuracy and help protect your rights throughout the legal process.

Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston and throughout the Houston area, and we are here to help you fight your DWI charges. Let us put our experience to work for you!

**Categories:** DWI Defense Lawyer

---

### [Defending DWI Charges for Commercial Drivers in Galveston](https://texascriminaljustice.com/defending-dwi-charges-for-commercial-drivers-in-galveston/)

**Published:** January 7, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/01/Diaz-2-Defending-DWI-Charges-for-Commercial-Drivers-in-Galveston_Jan-2025.jpg "DWI")In Texas, drivers with a Commercial Driver’s License (CDL) face stricter penalties than non-commercial drivers if convicted of Driving While Intoxicated (DWI). A conviction can result in the loss of your CDL, job termination, and long-term damage to your professional record. Texas law enforces a lower blood alcohol concentration (BAC) limit for commercial drivers and imposes severe consequences for those accused of driving while intoxicated by alcohol and/or narcotics. As experienced Texas DWI defense attorneys, we understand the seriousness of these cases and the importance of building a strong defense to protect your livelihood.

Under [Texas Transportation Code § 522.081](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.522.htm), commercial drivers face a BAC limit of 0.04%, which is half the standard limit for non-commercial drivers. Additionally, refusing a chemical test can result in an automatic suspension of a CDL. Defending these cases requires a thorough understanding of Texas DWI laws and the specific regulations governing commercial drivers. We aim to help our clients understand their rights, explore possible defenses, and fight for the best possible outcome in their cases.

## Texas DWI Laws For Commercial Drivers

Texas holds commercial drivers to a higher standard due to the potential risks involved in operating large vehicles. Under [Texas Transportation Code § 522.081](https://codes.findlaw.com/tx/transportation-code/transp-sect-522-081/), a CDL holder can be charged with a DWI if their BAC is 0.04% or higher while operating a commercial vehicle.

Texas operates under an implied consent law, meaning that CDL holders automatically agree to chemical testing (breath, blood, or urine) when suspected of DWI. Refusing a test can result in a one-year CDL suspension under [Texas Transportation Code § 724.035](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm#724).

## DWI Penalties For Commercial Drivers

The penalties for a DWI conviction for CDL holders are more severe than those for non-commercial drivers:

- **First Offense** – Up to 180 days in jail, fines up to $2,000, and a one-year CDL disqualification.
- **Second Offense** – Up to one year in jail, fines up to $4,000, and a lifetime CDL disqualification in some cases.
- **Hazardous Materials Endorsement Violations** – A conviction involving a hazardous materials load can result in a three-year disqualification under Texas Transportation Code § 522.081.

## Potential Defenses Against DWI Charges For Commercial Drivers

### Challenging The Traffic Stop 

A DWI defense often starts with challenging the legality of the traffic stop. Law enforcement must have reasonable suspicion to stop a vehicle. If the stop was unlawful, evidence gathered during the stop, including breathalyzer results, could be suppressed.

### Questioning BAC Accuracy

Breathalyzers and other chemical tests can produce inaccurate results due to improper calibration, maintenance issues, or operator error. We investigate whether the testing equipment and procedures followed proper protocols under Texas Administrative Code [Title 37, Part 1, Chapter 19](https://www.law.cornell.edu/regulations/texas/title-37/part-1/chapter-19/subchapter-A).

### Field Sobriety Test Issues

Standardized field sobriety tests (SFSTs) can be unreliable, especially when used to evaluate commercial drivers who may be fatigued after long driving shifts. These tests are subjective and can be challenged for improper administration or environmental factors.

### Medical Conditions And BAC Readings

Certain medical conditions, such as acid reflux or diabetes, can interfere with BAC readings. We work with medical experts to determine if such conditions could have impacted the test results.

### Violation Of Implied Consent Protections

If law enforcement fails to properly inform the driver of their rights under Texas’s implied consent laws, the chemical test results may be excluded from evidence.

## The Impact Of A DWI On A CDL Holder’s Career

A DWI conviction can have long-term consequences for CDL holders beyond the legal penalties. These include:

- **Loss Of Employment –** Many trucking companies have zero-tolerance policies for DWI convictions.
- **Permanent CDL Disqualification –** A second offense can result in a lifetime CDL ban.
- **Increased Insurance Costs –** A DWI can lead to higher commercial vehicle insurance premiums, making it difficult to secure employment.
- **Limited Career Options –** CDL holders with DWI convictions may face restrictions in operating certain types of vehicles, such as hazardous material carriers.

## Texas CDL DWI Frequently Asked Questions

### What Is The Legal BAC Limit For Commercial Drivers In Texas 

The legal BAC limit for CDL holders operating a commercial vehicle in Texas is 0.04%. This is half the standard limit for non-commercial drivers, reflecting the greater responsibility associated with operating larger vehicles.

### Can I Lose My CDL For Refusing A Breathalyzer Test?

Yes, under Texas’s implied consent law, refusing a breathalyzer test can lead to a one-year CDL suspension for a first refusal and longer suspensions for subsequent refusals.

### What Happens If I Get A DWI In My Personal Vehicle With A CDL?

A DWI conviction while driving a personal vehicle can still impact your CDL. Texas law imposes a one-year CDL suspension for any DWI conviction, regardless of the vehicle type involved.

### How Can A Lawyer Help Defend A Commercial DWI Charge?

A lawyer can review the details of your traffic stop, challenge the accuracy of breath and field sobriety tests, and argue procedural violations. An attorney can also negotiate plea deals and work to reduce penalties or seek alternative sentencing options.

### Is There A Way To Get My CDL Reinstated After A DWI?

It depends on the circumstances. A first-time DWI offender may be eligible for CDL reinstatement after serving the required suspension period. However, multiple offenses or hazardous material violations can result in permanent disqualification.

### What Are My Options If My CDL Is Suspended After A DWI?

You may be able to challenge the suspension through an Administrative License Revocation (ALR) hearing. An attorney can help you request and prepare for this hearing to contest the suspension.

### Can I Get A Reduced Charge For A CDL-Related DWI?

Reducing a DWI charge for CDL holders is challenging due to stricter standards. However, a strong defense can result in reduced penalties or dismissal if legal violations are identified in your case.

### Do I Need A Lawyer If It’s My First DWI?

Yes, even a first-time DWI can have significant consequences, including CDL suspension, fines, and job loss. An experienced attorney can help protect your rights and seek the best possible outcome.

### How Soon Should I Contact A Lawyer After A DWI Arrest?

You should contact a lawyer immediately following your arrest. Taking action as soon as possible can help protect your driving privileges and build a stronger defense, especially when challenging breath tests or requesting an ALR hearing.

### What Penalties Do Commercial Drivers Face For A First-Time DWI In Texas?

A first-time DWI conviction for a commercial driver can result in a one-year CDL suspension, up to 180 days in jail, fines reaching $2,000, and the possibility of losing your employment. If the driver was transporting hazardous materials at the time, the suspension can extend to three years under Texas Transportation Code § 522.081.

### Can I Continue Working As A Commercial Driver After A DWI Conviction?

A DWI conviction often results in a CDL disqualification for at least one year, making it illegal to operate a commercial vehicle during that time. Some employers may also have policies that terminate drivers following a DWI conviction. Reinstatement may be possible after serving the suspension, but repeat offenses could lead to a lifetime CDL ban.

### What Happens If I Refuse A Breathalyzer Test As A CDL Holder?

Refusing a breathalyzer test in Texas can result in an automatic one-year suspension of your CDL under the state’s implied consent law (Texas Transportation Code § 724.035). A second refusal could lead to even longer suspensions or permanent disqualification.

### How Does A DWI Affect My Personal Driver’s License?

A DWI conviction can affect both your personal driver’s license and CDL. While your personal license may be suspended for a shorter period, the CDL disqualification is often more severe and longer-lasting due to the higher standards imposed on commercial drivers.

### Can I Challenge A CDL Suspension After A DWI Arrest?

Yes, you can request an Administrative License Revocation (ALR) hearing to challenge the suspension. This hearing allows you to contest whether law enforcement had probable cause for the arrest or if the BAC results were accurate. A successful defense could help reinstate your driving privileges.

### What If I Was Off-Duty During The DWI Arrest?

A DWI arrest while off-duty can still impact your CDL. Texas law imposes the same one-year CDL suspension for any DWI conviction, whether you were operating a personal vehicle or a commercial truck at the time of the arrest.

### Are There Defenses Available For CDL DWI Charges?

Yes, possible defenses may include challenging the legality of the traffic stop, questioning the accuracy of breath or blood test results, improper administration of field sobriety tests, and medical conditions that could affect BAC readings. An attorney can review the details of your case to identify the most effective defense strategy.

### How Long Does A DWI Conviction Stay On My Record In Texas?

A DWI conviction stays on your criminal record permanently in Texas. Expungement is not typically available for DWI convictions involving CDL holders. However, certain legal options, such as non-disclosure, may be available under specific conditions for non-commercial drivers.

### Can I Apply For A Hardship License After A CDL Suspension?

Texas does not offer hardship or occupational licenses for CDL holders after a DWI suspension. However, you may be able to obtain a restricted license for personal driving purposes under limited circumstances.

### Why Is Hiring A DWI Attorney Important For CDL Holders?

Hiring an experienced DWI attorney is crucial because CDL holders face stricter standards and harsher penalties under Texas law. An attorney can help protect your driving privileges, challenge the evidence against you, and work to minimize the long-term impact on your career.

## Contact Our Galveston CDL DWI Defense Lawyer For A Free Consultation 

Defending DWI charges for commercial drivers requires a thorough understanding of Texas DWI laws and the unique challenges CDL holders face. At **Mark Diaz & Associates**, we are committed to defending your rights, protecting your livelihood, and fighting for the best possible outcome in your case. We understand the stakes involved when your career is on the line and will work tirelessly to build a strong defense.

Contact our [Galveston CDL DWI defense lawyer](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Our firm represents commercial drivers in **Galveston**, Houston, and throughout Texas. Let us help you defend your future and your career.

**Categories:** DWI Defense Lawyer

---

### [How to Challenge Evidence Obtained From Illegal Traffic Stops In Galveston](https://texascriminaljustice.com/how-to-challenge-evidence-obtained-from-illegal-traffic-stops-in-galveston/)

**Published:** January 14, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![traffic stop](https://texascriminaljustice.com/wp-content/uploads/2025/01/Diaz-3-How-to-Challenge-Evidence-Obtained-from-Illegal-Traffic-Stops-in-Galveston_Jan-2025.jpg "traffic stop")If you have been arrested in Galveston for driving while intoxicated (DWI) or another offense, one of the first questions you might ask is whether the evidence against you is valid. If the evidence was obtained through an illegal traffic stop, there may be grounds to challenge it in court. The U.S. and Texas constitutions protect citizens from unreasonable searches and seizures, and this includes traffic stops. If law enforcement officers fail to follow the proper procedures or lack sufficient legal justification for stopping you in the first place, any evidence obtained as a result of that stop could be deemed inadmissible.

In Galveston, as elsewhere in Texas, officers must have a valid reason to pull over a vehicle. These reasons must fall within certain legal boundaries, including suspicion of a traffic violation, criminal activity, or safety concerns. Without reasonable suspicion or probable cause, any subsequent search, questioning, or evidence collected during the stop could violate your rights. We, as defense attorneys, work hard to identify whether your rights were violated during the traffic stop, which could significantly impact the outcome of your case.

## Understanding The Legal Standards For Traffic Stops In Texas

The law governing traffic stops is based on the [Fourth Amendment ](https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0)to the U.S. Constitution, which protects individuals against unreasonable searches and seizures. The Texas Constitution, under [Article 1, Section 9](https://statutes.capitol.texas.gov/docs/cn/htm/cn.1.htm#:~:text=The%20people%20shall%20be%20secure,supported%20by%20oath%20or%20affirmation.), provides similar protections. For any traffic stop to be legal, law enforcement officers must meet one of the following requirements:

1. **Reasonable Suspicion**: This is the minimum level of legal justification for a traffic stop. Officers must be able to articulate specific facts or observations that lead them to believe that criminal activity is occurring or that a traffic violation has taken place. For example, if an officer observes a vehicle swerving, speeding, or running a red light, they can pull the vehicle over based on reasonable suspicion of a traffic violation.
2. **Probable Cause**: In more serious cases, such as when an officer believes the driver is under the influence of alcohol or drugs, probable cause may be required. Probable cause is a higher standard than reasonable suspicion and requires more evidence that a crime has been committed.

## The Process Of Challenging Evidence From An Illegal Traffic Stop

If you believe that your traffic stop was illegal, it’s essential to challenge the evidence gathered as a result of that stop. Here’s how the process works:

1. **Motion to Suppress**: One of the primary ways to challenge evidence obtained from an illegal traffic stop is by [filing a motion to suppress](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.28.htm#28.10). This is a formal request asking the court to exclude any evidence that was obtained in violation of your rights. If successful, this motion can lead to the dismissal of the charges or a reduction in the severity of your case.
2. **Proving the Stop Was Illegal**: In order to win a motion to suppress, your attorney must demonstrate some illegality – for example, that the officer did not have a legal reason to pull you over. We will look at the specific facts surrounding the stop, such as the officer’s reason for initiating the stop, whether the officer observed a traffic violation, and if there was any indication of criminal activity. If the officer cannot justify the stop based on reasonable suspicion or probable cause, the evidence may be suppressed.
3. **Challenging the Search**: If the officer conducted a search of your vehicle following the stop, that search must also comply with legal standards. The officer must have probable cause, consent to search the car, or the search must fall under one of the exceptions to the generally recognized warrant requirement for searches. If the search doesn’t fall under one of those three, there may be a basis for challenging the legality of it.
4. **Consequences of an Illegal Stop**: If a court determines that your traffic stop was illegal, any evidence obtained from the stop—including field sobriety tests, breathalyzer results, and any statements you made—could be deemed inadmissible. This can significantly weaken the prosecution’s case against you.

## How An Attorney Can Help

If you’ve been arrested and evidence was obtained from a potentially illegal traffic stop, it’s crucial to consult an experienced attorney. We can carefully review the circumstances of your arrest, gather evidence, and identify any violations of your rights. We will also represent you in court and work to ensure that any illegal evidence is challenged and potentially excluded from your case.

By challenging illegal traffic stops and suppressing evidence, we can help protect your rights and work toward the best possible outcome. This could mean reduced charges or even a case dismissal if there is not enough valid evidence to proceed with prosecution.

## Texas Traffic Stop FAQs

### What Qualifies As A Legal Traffic Stop In Texas?

In Texas, a traffic stop is legal if the officer has reasonable suspicion or probable cause. Reasonable suspicion can be based on a traffic violation, such as speeding or running a red light, or observable behavior that suggests criminal activity. Probable cause is required for more serious allegations, such as suspicion of driving while intoxicated (DWI).

### Can I Challenge Evidence From A DWI Case In Galveston If The Traffic Stop Was Illegal?

Yes, you can challenge evidence from a DWI case if the traffic stop was illegal. If the officer did not have a valid reason for stopping you, any evidence gathered from the stop, including breathalyzer tests and field sobriety tests, can possibly be suppressed in court.

### What Is A Motion To Suppress, And Why Is It Important?

A motion to suppress is a formal request to the court to exclude evidence obtained through an illegal search or seizure. If successful, it can result in the exclusion of crucial evidence from your case, which may lead to the charges being dismissed or reduced.

### What Is The Difference Between Reasonable Suspicion And Probable Cause In A Traffic Stop?

Reasonable suspicion is a lower legal standard and can be based on the officer’s observations of behavior that suggests a traffic violation or potential criminal activity. Probable cause is a higher standard and requires more substantial evidence that a crime has been committed, such as signs of intoxication or criminal behavior.

### Can An Officer Search My Car Without A Warrant In Texas?

An officer can search your car without a warrant in Texas under certain circumstances. If the officer has probable cause to believe that evidence of a crime is inside the vehicle, or if you consent to the search, the officer can conduct a search without a warrant. Otherwise, the officer would need a warrant, unless the situation falls under one of the warrant requirement exceptions as detailed under Texas law.

### How Can An Attorney Help Me Challenge An Illegal Traffic Stop In Galveston?

An attorney can help by reviewing the circumstances surrounding your traffic stop, determining whether the officer had legal grounds for initiating the stop and filing a motion to suppress any evidence obtained from the stop. If the motion is successful, the evidence may be excluded from your case, which could result in a favorable outcome.

### What Would Happen If The Court Ruled That The Traffic Stop Was Illegal?

If the court determines that the traffic stop was illegal, any evidence obtained during the stop, such as breathalyzer results, field sobriety tests, or statements made, may be excluded from the case. When evidence is excluded, the charges may be dismissed entirely.

### Can I Be Legally Arrested Without A Valid Traffic Stop?

No, in order for an arrest to be legal, there must be a valid reason for the officer to stop and arrest you. If the officer does not have a legal reason for initiating the stop or making the arrest, it can be challenged in court.

### Can An Officer Pull Me Over Without A Reason?

No, an officer must have reasonable suspicion or probable cause to pull you over. This could be based on a traffic violation, like speeding, or behavior that suggests criminal activity, such as swerving or erratic driving. If the officer does not have a valid reason, the stop could be considered unlawful.

### What If The Officer Said They Smelled Alcohol Or Drugs, But I Was Not Drinking Or Using Drugs?

An officer may use the smell of alcohol or drugs as probable cause to search your vehicle or conduct further testing, but they must still have reasonable suspicion to stop you in the first place. If the initial stop was illegal or the officer’s observations were incorrect, you may have grounds to challenge the evidence gathered from the stop.

### What Should I Do If I Believe My Traffic Stop Was Illegal?

If you believe your traffic stop was illegal, it’s crucial to remain calm and avoid making statements that could hurt your case. You should comply with officer demands and once it is possible, contact an experienced attorney who can help you challenge the stop and protect your rights right away

### Can A Violation Of My Rights During A Traffic Stop Lead To My Case Being Dismissed?

Yes, if the court finds that your rights were violated during the traffic stop and that the evidence was unlawfully obtained, your case may be dismissed or result in a favorable outcome for you.

## Call Our Galveston Criminal Defense Lawyer For A Free Consultation

If you are facing criminal charges related to an illegal traffic stop, it’s essential to protect your rights by challenging the evidence obtained during that stop. At Mark Diaz & Associates, we have the experience and dedication to challenge any illegal traffic stop in Galveston and throughout Houston. We will carefully review your case, identify any constitutional violations, and fight to have any unlawfully obtained evidence excluded.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We proudly represent clients in Galveston and throughout Houston, Texas. Let us help you defend your case and protect your future.

**Categories:** Criminal Defense Lawyer

---

### [Gun Possession In Prohibited Areas: Defending Firearm Charges In Galveston](https://texascriminaljustice.com/gun-possession-in-prohibited-areas-defending-firearm-charges-in-galveston/)

**Published:** January 20, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![gun possession](https://texascriminaljustice.com/wp-content/uploads/2025/01/Diaz-4-Gun-Possession-in-Prohibited-Areas-Defending-Firearm-Charges-in-Galveston_Jan-2025-1.jpg "gun possession")Gun possession is a serious matter in Texas, especially when it occurs in prohibited areas. Texas has strict laws surrounding firearm possession, and when someone is caught carrying a firearm in a location where it is not allowed, they can face severe legal consequences. As [Galveston defense attorneys](/) who handle gun-related cases, we understand how overwhelming this process can be for you. If you or a family member are accused of possessing a firearm in a prohibited area, it’s crucial to understand both the specific laws involved and your options for defending yourself in court. In Texas, the law is clear: certain areas are off-limits for firearms, and violating these regulations can lead to significant criminal penalties.

Whether you’re a gun owner who unknowingly violated these restrictions or if the charge stems from a more serious situation, defending yourself against firearm possession charges requires a strong legal strategy. In this article, we will walk you through the key legal issues surrounding gun possession in prohibited areas in Galveston, the ramifications of these charges under Texas law, and how our firm can help you mount a solid defense.

## What Are Prohibited Areas For Gun Possession in Texas?

In Texas, firearm laws are generally permissive, but there are still several places where carrying a firearm is prohibited. These areas are specifically outlined in the Texas Penal Code. Some of the most common prohibited areas for gun possession include:

1. **Government Buildings**: Carrying a firearm into a government building is illegal under [Texas Penal Code § 46.03](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm). This includes courthouses, police stations, and other government facilities.
2. **Schools and School Grounds**: The possession of a firearm is prohibited at or near school premises. According to Texas Penal Code § 46.03, you cannot carry a firearm on school grounds, including public and private elementary, middle, and high schools, as well as college campuses.
3. **Correctional Facilities**: It is illegal to carry a firearm into a correctional facility. This includes both jails and prisons.
4. **Private Property with Notice**: Private property owners in Texas can post signs that prohibit firearms on their premises. If a property owner posts a sign saying that no weapons are allowed, and you carry a firearm onto that property, you could face criminal charges.
5. **Hospitals and Nursing Homes**: Texas law also prohibits carrying a firearm into healthcare facilities such as hospitals and nursing homes.
6. **Bars and Establishments Serving Alcohol**: Although Texas generally allows carrying a firearm in public places, there are exceptions for places that serve alcohol. If you are carrying a gun in a place that primarily serves alcohol for on-site consumption, you can face criminal charges.

## The Consequences Of Gun Possession In Prohibited Areas

Under Texas law, possessing a firearm in a prohibited area can lead to serious criminal consequences, including fines, imprisonment, or both. The severity of the penalty largely depends on the circumstances surrounding the offense and whether the firearm was possessed with the intent to commit a crime.

1. **Class A Misdemeanor**: In most cases, possessing a firearm in a prohibited area is classified as a Class A misdemeanor, which is punishable by up to one year in county jail and/or a fine up to $4,000.
2. **Felony Charges**: If the firearm possession in a prohibited area is associated with other criminal behavior (e.g., using the weapon to threaten someone or committing a crime with the firearm), more serious felony charges may apply. Felony charges can result in lengthy prison sentences and substantial fines.
3. **Additional Restrictions**: Convictions for firearm possession in prohibited areas can result in other penalties, such as a loss of gun ownership rights and restrictions on future firearm purchases.

## Defending Against Gun Possession Charges

While the laws regarding gun possession in prohibited areas are clear, it is still possible to build a defense against these charges. Some common defenses to possession of a firearm in prohibited areas include:

1. **Lack of Knowledge**: One defense is claiming that you did not know the area was prohibited. For example, if you were not aware that a specific building or property posted a sign prohibiting firearms, this may be used as a defense. However, this defense will depend on the circumstances and whether you reasonably should have known about the restriction.
2. **Second Amendment Rights**: In some cases, your attorney may argue that your rights under the Second Amendment to the United States Constitution are being violated. However, this defense is typically limited and difficult to argue in state law cases like those involving prohibited areas for gun possession.
3. **Legal Carrying in Certain Areas**: Texas law allows for certain exemptions. For example, if you have a valid concealed carry license, you may be permitted to carry your firearm into certain areas as designated under Texas law.
4. **Improper Arrest or Search**: If the police unlawfully searched your vehicle, bag, or person and found the firearm, the evidence may be inadmissible in court due to an illegal search or seizure. This could result in the charges being dropped.

## What To Do If You’re Facing Gun Possession Charges In A Prohibited Area

If you have been charged with possessing a firearm in a prohibited area in Galveston or elsewhere in Texas, it’s essential to contact an experienced defense lawyer as soon as possible. Our attorneys can review your case, assess the evidence against you, and help determine the best possible defense strategy. With proper legal representation, you may be able to reduce the charges, avoid a conviction, or minimize the penalties you face.

## Firearm Criminal Defense Frequently Asked Questions (FAQs)

### What Are The Penalties For Possessing A Firearm In A Prohibited Area In Texas?

Possessing a firearm in a prohibited area in Texas is typically classified as a Class A misdemeanor, punishable by up to one year in county jail and/or a fine of up to $4,000. However, if other criminal activities are involved, felony charges may apply, leading to more severe penalties such as longer prison sentences and larger fines.

### Can I Carry A Firearm In A School If I Have A Concealed Carry License?

No, you cannot carry a firearm onto school grounds, even if you have a concealed carry license. Texas law prohibits carrying firearms in schools unless you are a school marshal or meet other specific exemptions.

### Are There Any Exceptions For Carrying A Firearm In A Bar Or Restaurant?

Under [Texas Penal Code § 46.03](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm), you cannot carry a firearm into a bar or restaurant that serves alcohol for on-site consumption. However, if the establishment does not serve alcohol or is primarily a restaurant, you may be able to carry your firearm.

### How Can I Defend Myself Against Gun Possession Charges In A Prohibited Area?

There are several potential defenses, including a lack of knowledge of the prohibition or illegal search and seizure by law enforcement. It’s essential to consult with a qualified attorney who can analyze the specifics of your case and help determine the most effective defense strategy.

### Can I Lose My Right To Own A Gun If Convicted Of Possessing A Firearm In A Prohibited Area?

Yes, a conviction for possessing a firearm in a prohibited area can result in the loss of your gun ownership rights. Additionally, certain criminal convictions can make it more difficult to purchase firearms in the future.

## Contact Our Galveston Gun Possession Lawyer For A Free Consultation

If you have been charged with possessing a firearm in a prohibited area in Galveston or the greater Houston area, it’s crucial to have an experienced defense attorney on your side. At Mark Diaz & Associates, we are committed to helping clients like you fight gun crime charges and protect your rights. We can analyze the facts of your case, identify any weaknesses in the prosecution’s evidence, and help build a strong defense to reduce or eliminate the charges against you.

Contact our [Galveston gun possession lawyer](/criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston, Houston, and throughout Texas, and we are here to help you defend your rights and secure the best possible outcome for your case.

**Categories:** Gun Possession Lawyer

---

### [Can You Get Deferred Adjudication For A DWI In Texas?](https://texascriminaljustice.com/can-you-get-deferred-adjudication-for-a-dwi-in-texas/)

**Published:** February 1, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/02/DIAZ-1-Can-You-Get-Deferred-Adjudication-for-a-DWI-in-Texas_Feb-2025.jpg "DWI")Facing a DWI charge in Texas can feel overwhelming, especially when you’re worried about the long-term consequences. Many people ask whether deferred adjudication is an option for a DWI charge in Texas. Deferred adjudication is a form of plea agreement where the defendant can avoid a final conviction if certain conditions are met. However, Texas law handles DWI cases differently from other criminal offenses. That’s why it is important that you understand how deferred adjudication works in Texas.

Deferred adjudication is not available for every DWI case. Texas laws have specific rules about when this option can apply and the conditions a defendant must meet to qualify. Understanding these requirements can make a significant difference in how a DWI case is handled and whether a permanent conviction can be avoided. Our goal is to explain how deferred adjudication applies to DWI charges, how it differs from other sentencing options, and how Texas statutes influence eligibility.

## What Is Deferred Adjudication In Texas?

Deferred adjudication is a type of probation where a defendant pleads guilty or no contest, but the judge does not enter a formal conviction. Instead, the court delays final judgment while the defendant completes specific terms. If all conditions are satisfied, the case may be dismissed without a final conviction.

Under the [Texas Code of Criminal Procedure §42A.101](https://statutes.capitol.texas.gov/docs/CR/htm/CR.42A.htm), deferred adjudication can be offered for certain offenses, but it has historically excluded DWI charges. This exclusion was based on the serious nature of DWI offenses and the public safety risks involved. However, recent changes to Texas law have created limited circumstances where deferred adjudication may be available for some DWI cases.

## When Can Deferred Adjudication Apply To A DWI?

Texas law under [§42A.102](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-102/) now allows for deferred adjudication in certain DWI cases, but strict conditions apply. To qualify:

- It must be the defendant’s first DWI offense.
- The defendant cannot have a blood alcohol concentration (BAC) of 0.15% or higher.
- The DWI must not have involved an accident causing injury or death.

If granted, deferred adjudication offers an opportunity to avoid a final conviction. However, it is not a complete dismissal of the charges, and the arrest may still appear on background checks.

## Key Legal Ramifications Of Deferred Adjudication For DWI

While deferred adjudication may prevent a formal conviction, it does have caveats:

- **Ignition Interlock Device Requirement** – Texas law requires the installation of an ignition interlock device (or similar alcohol testing device with court approval) during the probation period.
- **Record Visibility** – A DWI arrest may still appear on criminal background checks, even without a conviction.
- **Future Penalties** – If a person charged with DWI in Texas receives deferred adjudication and is later arrested for another DWI, the initial case can be used to enhance penalties.

## Benefits Of Deferred Adjudication For DWI

While not perfect, deferred adjudication does offer some advantages for qualifying defendants:

- **Avoidance Of Formal Conviction** – Successful completion can prevent a permanent conviction from being entered.
- **Potential Non-disclosure** – An order of non-disclosure effectively seals the record from the public, however a specific list of government agencies and law enforcement will still be able to see record of the arrest.
- **Rehabilitation Opportunities** – Deferred adjudication often includes alcohol education programs that may help with long-term behavioral changes.

## How Deferred Adjudication Differs From Regular Probation

Deferred adjudication and standard probation are often confused but have critical differences under Texas law:

- **Deferred Adjudication** – No final conviction is entered if all conditions are met.
- **Regular Probation** – A conviction is entered, but jail time is reduced or replaced with supervised release.

Both require compliance with court-ordered conditions, such as alcohol education, community service, and regular check-ins with a probation officer.

## Potential Consequences For Failing Deferred Adjudication Terms

Failing to comply with deferred adjudication requirements can lead to serious consequences. If a defendant violates probation terms, the court can enter a conviction and impose full sentencing penalties. This may include jail time, fines, and permanent criminal records.

## Deferred Adjudication FAQs

### Can Deferred Adjudication Remove A DWI From My Record?

Deferred adjudication can prevent a formal conviction, but it does not completely erase a DWI from your record. Even after successful completion, the arrest may still appear on background checks. However, Texas law allows for orders of nondisclosure, which can seal certain aspects of the record from public view.

### Is Deferred Adjudication The Same As Dismissal?

No. Deferred adjudication is not the same as a dismissal. It involves a guilty or no contest plea, with the judge delaying the conviction. If all terms are completed, the court may dismiss the charge without entering a conviction. However, the arrest remains visible unless sealed through a nondisclosure order.

### Who Qualifies For Deferred Adjudication For DWI In Texas?

Deferred adjudication for DWI is limited to first-time offenders with no aggravating circumstances, such as a BAC of 0.15% or higher or causing injury or death. The court must also find the defendant suitable for community supervision.

### Does Deferred Adjudication Prevent License Suspension?

No. Even if granted deferred adjudication, a DWI charge can still trigger an administrative license suspension through the Texas Department of Public Safety. License suspensions are often handled separately from criminal proceedings.

### How Long Does Deferred Adjudication Last?

The length of deferred adjudication varies but often ranges from 6 months to 2 years. The specific length depends on the severity of the offense and the conditions set by the court.

### What Happens If I Violate My Deferred Adjudication Terms?

If you violate the terms, the court can enter a conviction and impose the full sentence for the DWI charge. This may include fines, jail time, and a permanent criminal record.

### Can A DWI With Deferred Adjudication Be Used Against Me In The Future?

Yes. If you face future DWI charges, a previously deferred adjudication can be used to enhance penalties as a prior offense because even though it is not a conviction, the law allows for it to be treated as one for subsequent Dwi related offenses.

### Can Deferred Adjudication Affect My Ability To Rent An Apartment?

Yes, a deferred adjudication for DWI can affect your ability to secure housing. While it does not count as a formal conviction, the arrest and case details may still appear on a background check. Many landlords screen for any criminal history, including deferred adjudications, and may deny housing based on the presence of a DWI. However, an order of nondisclosure can help prevent this information from being publicly accessible.

### Does A Deferred Adjudication For DWI Affect My Ability To Travel Internationally?

It can. Some countries, including Canada, have strict entry restrictions for individuals with alcohol-related offenses, even if the charge resulted in deferred adjudication. While it may not be considered a formal conviction, border officials may still see the arrest and charge, potentially limiting entry. Consulting with an attorney about nondisclosure options can be crucial for those who travel frequently.

### Can I Expunge A DWI Deferred Adjudication In Texas?

No, a DWI case resulting in deferred adjudication cannot be fully expunged under Texas law. Expunction is reserved for cases dismissed without a conviction or those resulting in a not-guilty verdict. However, an order of nondisclosure may be available, which can prevent the record from being accessed by the general public.

### Are Commercial Drivers Eligible For Deferred Adjudication For DWI?

No, under Texas law, commercial drivers charged with DWI are ineligible for deferred adjudication. Federal and state laws impose stricter standards for CDL holders due to the nature of their profession. A DWI conviction or deferred adjudication can lead to disqualification from holding a CDL, affecting employment and driving privileges.

### Can Deferred Adjudication Affect My Professional License?

Yes, a deferred adjudication for DWI can impact certain professional licenses, such as those for healthcare workers, teachers, or real estate agents. Licensing boards may treat a deferred adjudication similarly to a conviction and could impose disciplinary actions or require disclosure during license renewals.

### What Is The Difference Between Deferred Adjudication And Probation?

Deferred adjudication and probation share a few similarities. Deferred adjudication in Texas involves delaying a conviction while you meet court-ordered conditions. Once successfully completed, the criminal case can be dismissed without a formal conviction. Probation, on the other hand, follows a conviction, and the criminal conviction remains on your record forever.

## Contact Our Galveston DWI Defense Lawyer For A Free Consultation

At Mark Diaz & Associates, we understand the stress and uncertainty that come with a DWI charge. Our legal team is dedicated to helping clients understand their rights and fight for the best possible outcome under Texas law. If you are facing a DWI charge in Galveston or Houston and want to know if deferred adjudication is an option, we are here to help.

Contact our [Galveston DWI defense lawyer](/dwi-charges/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](/landing-form/). Our firm represents clients in Galveston, Houston, and throughout Texas. Let us help you protect your future and explore every available legal defense to your DWI case.

**Categories:** DWI Defense Lawyer

---

### [How An Open Container Can Affect Your Texas DWI Case](https://texascriminaljustice.com/how-an-open-container-can-affect-your-texas-dwi-case/)

**Published:** February 4, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![open container](https://texascriminaljustice.com/wp-content/uploads/2025/02/DIAZ-2-How-An-Open-Container-Can-Affect-Your-Texas-DWI-Case_Feb-2025.jpg "open container")Driving while intoxicated (DWI) is a serious offense in Texas, and adding an open container of alcohol into the equation can significantly complicate your case. Many people underestimate the impact an open container can have on the outcome of a DWI charge. In Texas, open containers laws are strict, and the presence of an open container during a traffic stop can lead to additional penalties. It’s important to understand how Texas law treats open containers and how they may influence a DWI case. Knowing the potential ramifications can help you make informed decisions and understand the stakes if you’re charged with both DWI and possession of an open container. At Mark Diaz & Associates, we focus on ensuring that our clients are fully aware of the laws that apply to their cases and the possible defenses available.

## Understanding Texas Open Container Laws

Under [Texas Penal Code § 49.031](https://codes.findlaw.com/tx/penal-code/penal-sect-49-031/), an open container is defined as any bottle, can, or other receptacle that contains alcohol and is open, has been opened, or has a broken seal, or the contents of which are partially removed. This law applies to any passenger area of a vehicle that is located on a public roadway, regardless of whether the vehicle is in motion or parked.

Possessing an open container in a vehicle is typically classified as a Class C misdemeanor. While the open container offense alone carries a fine of up to $500, its presence during a DWI investigation can have more severe consequences. The open container can serve as additional evidence of intoxication, making it harder to argue against the charge.

## How An Open Container Can Impact Your DWI Case

### Increased Evidence Of Intoxication

An open container in your vehicle may strengthen the prosecution’s case by suggesting recent alcohol consumption. Law enforcement may argue that the presence of an open container supports their claims that you were drinking and driving, even if you were not intoxicated at the time of the stop.

### Additional Charges And Penalties

While a DWI charge on its own carries severe consequences, the addition of an open container can escalate the situation. If convicted of a DWI with an open container, Texas law mandates a minimum of six days in jail, compared to the standard minimum of three days for a first-time DWI offense.

### Complications In Defense Strategies

Defending against a DWI charge often involves questioning the evidence of intoxication, such as field sobriety tests or breathalyzer results. However, the presence of an open container introduces an additional hurdle because it provides visual and circumstantial evidence that can be difficult to dispute.

### Public Perception And Jury Bias

If your case goes to trial, an open container may sway jurors’ perceptions. Jurors might assume that the open container indicates a disregard for the law, which could make them more inclined to convict.

## Relevant Texas DWI Statutes

In addition to § 49.031 governing open containers, [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.01#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.) outlines the elements and penalties of a DWI charge. A person commits DWI if they operate a motor vehicle in a public place while intoxicated. “Intoxicated” is defined as having a blood alcohol concentration (BAC) of 0.08% or higher or not having normal use of mental or physical faculties due to alcohol or drugs.

If an open container is present during a DWI arrest, the court considers this an aggravating factor, which may lead to enhanced penalties under § 49.04(c).

## Defending Against A DWI With An Open Container

At Mark Diaz & Associates, we work tirelessly to build strong defenses for our clients. When dealing with a DWI charge involving an open container, we focus on several key strategies:

- **Challenging The Traffic Stop** – We assess whether the officer had a valid reason to stop your vehicle. An unlawful stop can lead to the suppression of evidence, including the open container.
- **Examining The Search And Seizure** – We review the circumstances under which the open container was discovered. If the search violated your Fourth Amendment rights, we may be able to exclude the evidence.
- **Questioning Field Sobriety And BAC Tests** – We scrutinize the methods used to determine intoxication. Faulty equipment or improper procedures can cast doubt on the reliability of the results.
- **Highlighting Alternative Explanations** – An open container in your vehicle does not necessarily prove recent consumption. We may argue that the container belonged to a passenger or was from a prior occasion and had no bearing on your ability to drive.

## Penalties For A DWI With An Open Container

A first-time DWI conviction in Texas typically results in a fine of up to $2,000, up to 180 days in jail, and a license suspension of up to one year. Adding an open container to the charge increases the minimum jail sentence and may lead to harsher fines and longer license suspensions. For repeat offenders, the penalties are even more severe, and the open container can significantly affect sentencing.

## Avoiding Common Mistakes After A DWI Arrest

If you’ve been charged with DWI and an open container, it’s critical to act quickly and avoid missteps that could hurt your case. Avoid making statements to law enforcement without an attorney present, and refrain from discussing your case with anyone other than your lawyer. Contacting an experienced DWI defense attorney is the most important step to protecting your rights and building a strong defense.

## FAQs About Open Containers And Texas DWI Cases

### How Does An Open Container Affect A First-Time DWI Charge In Texas?

An open container can add to the severity of a first-time DWI charge by increasing the minimum jail time from three days to six days. It also strengthens the prosecution’s case by serving as evidence of recent alcohol consumption.

### Can I Be Charged With An Open Container Violation If I’m Not Driving?

Yes, under Texas law, you can be charged with an open container violation even if the vehicle is parked. The law applies as long as the vehicle is on a public roadway and the open container is in the passenger area. However, there are limited exceptions that could be appllicable.

### Does An Open Container Always Lead To Additional Charges?

Not necessarily. If the container belongs to a passenger and you are not intoxicated, you may avoid additional charges. However, this requires careful legal defense to ensure that the open container is not improperly linked to you.

### Can An Open Container Be Used As Evidence Of Intoxication?

Yes, prosecutors often use an open container as circumstantial evidence to support a DWI charge. They may argue that the container indicates recent drinking, even if your BAC is below the legal limit.

### What Are The Penalties For An Open Container Violation Alone?

Possession of an open container in Texas is a Class C misdemeanor, punishable by a fine of up to $500. However, when combined with a DWI charge, the penalties can escalate significantly.

### Can I Contest The Legality Of A Search That Found An Open Container?

Yes, if law enforcement conducted an illegal search, the open container evidence could be suppressed. An attorney will review the details of the search to determine if your rights were violated.

### Does An Open Container Affect My Chances Of A Plea Deal?

The presence of an open container can make prosecutors less willing to offer a plea deal. They may view it as an aggravating factor that warrants harsher penalties.

### Can Passengers Legally Have Open Containers In A Vehicle?

Passengers in certain vehicles, such as limousines or party buses, may have open containers legally. However, in standard private vehicles, passengers are also prohibited from possessing open containers.

### How Can An Open Container Violation Impact A DWI Conviction For A Minor?

Texas has a zero-tolerance policy for underage drinking and driving. If a minor is charged with DWI and found with an open container in the vehicle, the penalties can be even more severe. A minor can face automatic license suspension, increased fines, and mandatory alcohol education classes. The presence of an open container may also result in additional charges for Minors in Possession of Alcohol, further complicating the case.

### What If The Open Container Was Empty During The DWI Arrest?

Even if the container is empty, Texas law still considers it an open container if it has been unsealed or its contents partially removed. Prosecutors may still use the empty container to suggest prior alcohol consumption. However, we can argue that an empty container alone does not prove recent drinking or impairment at the time of the arrest.

### Can An Open Container Increase The Risk Of Felony DWI Charges?

While an open container alone does not elevate a DWI to a felony, it can be a contributing factor if combined with other circumstances, such as repeat offenses, a child passenger in the vehicle, or serious bodily injury resulting from a DWI accident. If you have prior DWI convictions or were driving with a minor present, the open container could be used to justify harsher felony charges.

### Does An Open Container Affect License Suspension In A DWI Case?

Yes, the presence of an open container during a DWI arrest can affect the administrative license suspension process. While the standard penalty for a DWI involves a license suspension, the open container can be treated as an aggravating factor that influences both the duration of the suspension and the ability to secure an occupational license.

### Can A Passenger Be Held Responsible For An Open Container In A DWI Case?

If a passenger is holding an open container, they can be charged separately under Texas’s open container laws. However, if the driver is also charged with DWI, the presence of the container can still impact the driver’s case, especially if the officer believes the driver had access to the container or was involved in its consumption.

## Contact Our Galveston DWI Defense Law Firm For A Free Consultation

If you’ve been charged with DWI and possession of an open container in Galveston or Houston, you need a skilled defense team to protect your rights and fight for the best possible outcome. At Mark Diaz & Associates, we are committed to providing personalized and aggressive legal representation. Contact our [Galveston DWI defense law firm](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We proudly represent clients in Galveston, Houston, and throughout Texas. Let us help you take control of your case.

**Categories:** DWI Defense Law Firm

---

### [The Jury Selection Process In Texas Criminal Trials](https://texascriminaljustice.com/the-jury-selection-process-in-texas-criminal-trials/)

**Published:** February 10, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![jury selection](https://texascriminaljustice.com/wp-content/uploads/2025/02/DIAZ-3-The-Jury-Selection-Process-in-Texas-Criminal-Trials_Feb-2025.jpg "jury selection")The jury selection process in a Texas criminal trial is one of the most critical stages of a criminal case. Known as “[voir dire](https://www.law.cornell.edu/wex/voir_dire),” this process ensures that a fair and impartial jury is seated to hear the evidence and render a verdict. The term “voir dire” comes from French, meaning “to speak the truth.” During this process, attorneys for both the prosecution and the defense have the opportunity to ask potential jurors questions to assess their suitability for the case. Texas law allows for detailed questioning to uncover potential biases or conflicts of interest that might affect the outcome of the trial.

Selecting a fair jury is a constitutional right under the [Sixth Amendment](https://constitution.congress.gov/constitution/amendment-6/), which guarantees an impartial jury trial. Texas law provides specific guidelines on how voir dire should be conducted, including how potential jurors may be excused for cause or removed through peremptory challenges. These challenges allow each side to strike a limited number of jurors without providing a reason as long as the removal is not based on discrimination. The process requires careful attention to detail and knowledge of the law to ensure that the final jury reflects fairness and impartiality.

As Texas criminal defense attorneys, we understand the impact jury selection has on the outcome of your criminal trial. The questions we ask are designed to expose biases, attitudes, or preconceived notions that could compromise a fair verdict. Factors like a juror’s background, personal experiences, and opinions on law enforcement are often explored to ensure the best perspective.

Our goal is to protect the rights of our clients and secure a jury capable of objectively evaluating the evidence. Below, we explain the steps involved in jury selection, the legal considerations under Texas law, and why this phase of a trial is so pivotal.

## Key Steps In The Jury Selection Process

### Jury Summons And Panel Selection

The jury selection process begins with the summoning of potential jurors. Texas law requires residents to serve as jurors unless they meet certain exemption criteria as outlined in the [Texas Government Code § 62.106](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.62.htm). Once summoned, individuals report to the courthouse, where they are organized into panels. Each panel represents a pool of potential jurors who may be chosen for a particular case.

### Voir Dire: Questioning Potential Jurors

During voir dire, the attorneys for the prosecution and defense question members of the jury panel. The goal is to uncover any biases, preconceived notions, or conflicts of interest. The questions focus on jurors’ personal beliefs, experiences with law enforcement, and attitudes toward issues relevant to the case. For example, in a drug-related offense, attorneys may ask about jurors’ views on drug laws and penalties.

### Challenges For Cause

Under Texas Code of Criminal Procedure Article 35.16, attorneys can request that a juror be removed for cause if they demonstrate an inability to remain impartial. Common grounds for challenges include pre-formed opinions about the defendant’s guilt or innocence and a juror’s personal experiences that might cloud judgment.

### Peremptory Challenges

Each side is also granted a limited number of peremptory challenges, which allow attorneys to remove jurors without stating a reason. However, peremptory challenges cannot be used to exclude jurors based on race, gender, or ethnicity, as prohibited by the landmark U.S. Supreme Court decision in [Batson v. Kentucky](https://www.uscourts.gov/about-federal-courts/educational-resources/educational-activities/sixth-amendment-activities/batson-v-kentucky-and-jeb-v-alabama/facts-and-case-summary-batson-v-kentucky). In Texas, the number of peremptory challenges depends on the severity of the charges, with more challenges allowed in felony cases than in misdemeanors.

## Legal Issues And Ramifications

### Ensuring Impartiality

The Texas legal system emphasizes the importance of impartiality. Failure to conduct a thorough voir dire might result in a jury biased against the defendant. This can jeopardize their right to a fair trial. If biases are later discovered, they may form the basis for a later appeal.

### The Role of Batson Challenges

When one party suspects the other of using peremptory challenges in a discriminatory manner, a Batson challenge can be raised. This requires the attorney accused of discrimination to provide a neutral explanation for the strike. Violations of Batson can lead to delays or a retrial.

### Strategic Decision-Making

Jury selection is not just about identifying impartial jurors—it also involves strategic decisions. Our attorneys aim to select jurors who may view the case sympathetically based on their backgrounds or beliefs.

## FAQs About The Jury Selection Process In Texas Criminal Trials

### What Is The Purpose Of Voir Dire In Texas Criminal Trials?

Voir dire serves to identify potential jurors who can fairly and impartially evaluate the evidence presented during a trial. It allows attorneys to ask questions that uncover biases, preconceptions, or conflicts of interest. This process ensures compliance with the constitutional right to an impartial jury, as guaranteed by the Sixth Amendment.

### Can Jurors Be Removed For Any Reason During Voir Dire?

Jurors can be removed for cause if they exhibit bias, have a conflict of interest, or demonstrate an inability to follow the law. Additionally, attorneys can use peremptory challenges to remove jurors without providing a reason. However, peremptory challenges cannot be used to discriminate based on race, gender, or ethnicity.

### How Many Peremptory Challenges Are Allowed In Texas?

The number of peremptory challenges in Texas depends on the severity of the case. For felony cases, each side typically has ten peremptory challenges, while misdemeanor cases allow three. Capital cases, where the death penalty is a possibility, allow fifteen challenges per side.

### What Happens If Bias Is Discovered After A Jury Is Selected?

If a juror’s bias or misconduct is discovered after the trial begins, it could lead to a mistrial or grounds for an appeal. Courts take such issues seriously to protect the integrity of the judicial process.

### Can A Potential Juror Refuse To Answer Questions During Voir Dire?

Potential jurors are required to answer questions honestly during voir dire. Refusal to answer can result in removal from the jury panel or other legal consequences. The court ensures that jurors understand the importance of providing truthful responses.

### How Are Discriminatory Peremptory Challenges Addressed In Texas?

Discriminatory use of peremptory challenges is addressed through a Batson challenge. The party raising the challenge must demonstrate a pattern of discrimination. If proven, the court may disallow the challenged strikes and reinstate the improperly excluded jurors.

### What Happens If The Jury Pool Is Too Small?

If the jury pool is too small to seat a sufficient number of jurors, the court may summon additional individuals to ensure an adequate panel. This can delay the trial but is necessary to protect the defendant’s right to a fair trial.

### Can Jury Selection Decisions Be Used As Grounds For Appeal?

Yes, errors during jury selection, such as improper denials of challenges for cause or discriminatory peremptory strikes, can form the basis for an appeal. An appellate court will evaluate whether these errors affected the outcome of the trial.

### How Does The Texas Government Code Impact Jury Selection?

The Texas Government Code outlines eligibility criteria and exemptions for jury duty. This ensures that the jury pool represents a cross-section of the community while allowing exemptions for individuals with valid hardships or conflicts.

### What Is The Difference Between Challenges For Cause And Peremptory Challenges?

Challenges for cause are used when a potential juror demonstrates an inability to remain impartial, such as having a personal connection to the case or expressing a strong bias. These challenges require a valid reason for dismissal. Peremptory challenges, on the other hand, allow attorneys to remove jurors without providing a reason, though they cannot be based on race, gender, or ethnicity.

### How Long Does The Jury Selection Process Typically Take In Texas?

The length of jury selection varies depending on the complexity of the case and the size of the jury pool. Simple misdemeanor cases may take a few hours, while serious felony cases can require multiple days for a thorough voir dire process.

### Can A Defendant Be Present During Jury Selection?

Yes, the defendant has the right to be present during jury selection under Texas law. This ensures transparency and allows the defendant to observe how the jury is chosen for their trial.

### What Happens If A Juror Lies During Voir Dire?

If a juror lies during voir dire, it can have serious consequences for the fairness of the trial. Texas courts take this issue seriously, as it can undermine the defendant’s right to an impartial jury. If discovered during the trial, the judge may remove the juror or declare a mistrial. If the deception is discovered after a verdict, it could be grounds for an appeal or a motion for a new trial.

### What Happens If A Juror Is Dismissed After The Trial Starts?

If a juror is dismissed after the trial begins, Texas courts can proceed with an alternate juror if one was seated during the jury selection process. Alternate jurors hear all evidence and remain available if a seated juror must be excused. If no alternates were chosen and a juror must be removed, the court may declare a mistrial or in very rare circumstances, proceed with a reduced jury, depending on the circumstances and the stage of the trial.

## Call Our Galveston Criminal Defense Lawyer For A Free Consultation

If you’re facing criminal charges in Galveston or Houston, having an experienced defense team on your side is essential to protecting your rights. At Mark Diaz & Associates, we understand how critical the jury selection process is to your case’s success. Our team will work tirelessly to ensure you receive a fair trial by carefully selecting an impartial jury.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](/landing-form/). Let us put our experience to work for you. We proudly represent clients in Galveston, Houston, and throughout the greater Houston area.

**Categories:** Criminal Defense Lawyer

---

### [Federal vs. State Jurisdiction in Texas Gun Cases](https://texascriminaljustice.com/federal-vs-state-jurisdiction-in-texas-gun-cases/)

**Published:** February 17, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas gun laws](https://texascriminaljustice.com/wp-content/uploads/2025/02/DIAZ-4-Federal-vs-State-Jurisdiction-in-Texas-Gun-Cases_Feb-2025.jpg "Texas gun laws")Gun laws in Texas are complex and can involve both state and federal authorities. As criminal defense attorneys in Galveston, we know how critical it is for individuals facing gun-related charges to understand which laws apply and how jurisdiction affects their cases. Federal and state laws often overlap, but they also differ in important ways, especially when it comes to enforcement, penalties, and constitutional protections. Many criminal cases begin as state charges but can escalate to federal court if specific factors are present. This distinction plays a significant role in how charges are prosecuted and the defense strategies we use in court. We help clients understand these legal differences and fight for their rights under Texas and federal law.

## What Is Federal Jurisdiction In Texas Gun Cases?

Federal jurisdiction in gun cases arises when an individual allegedly violates federal statutes related to firearms. Federal cases often involve serious charges with more severe penalties than state cases. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) typically handles federal gun crime investigations.

Some situations that may trigger federal jurisdiction include:

- **Possession of a Firearm by a Prohibited Person** – Under [18 U.S.C. § 922(g)](https://uscode.house.gov/view.xhtml?req=(title:18%20section:922%20edition:prelim)), it is a federal crime for certain individuals, such as convicted felons or those under domestic violence protective orders, to possess a firearm.
- **Interstate Firearm Sales/Transfers** – Under federal law, all firearm sales and/or transfers from state to state, which would include private sales amongst parties, must go through a licensed dealer. A licensed dealer means having a Federal Firearms License. Selling firearms without this license can lead to very harsh penalties under federal law.
- **Possession of Restricted Firearms** – Texas is more lenient on this issue, however, federal law strictly prohibits certain types of weapons, such as fully automatic weapons, silencers/suppressors, short-barreled rifles, etc.

Federal courts have their own rules and procedures, which are often stricter than state courts, and penalties can be more severe.

## What Is State Jurisdiction In Texas Gun Cases?

Texas state jurisdiction covers gun crimes that violate state laws. State authorities, such as local police and county prosecutors, typically handle these cases. Texas gun laws are governed by the Texas Penal Code, particularly Chapter 46.

Common state gun offenses include:

- **Unlawful Carrying of a Weapon (UCW)** – [Texas Penal Code § 46.02](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm) makes it illegal to carry a handgun without a proper license under certain conditions, such as being intoxicated or carrying in a prohibited place.
- **Unlawful Possession by a Felon** – [Texas Penal Code § 46.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm) prohibits felons from possessing firearms, with the exception that after five years of their release from confinement or supervision, they may have a firearm in the confines of their home only.
- **Firearm Possession in Prohibited Places** – [Texas Penal Code § 46.03](https://codes.findlaw.com/tx/penal-code/penal-sect-46-03/) makes it illegal to possess firearms in certain places, such as schools, polling stations, and airports.

Texas penalties focus on fines, probation, and imprisonment in state facilities. However, Texas law can be strict, especially in repeat offenses or cases involving violence.

## Key Differences Between Federal And State Jurisdiction In Texas Gun Cases

The main differences between federal and state jurisdiction include how cases are prosecuted and the penalties imposed. Here are some important distinctions:

- **Jurisdictional Authority** – Federal cases are prosecuted by U.S. Attorneys and involve federal agencies like the ATF. State cases are prosecuted by local district attorneys.
- **Penalties** – Federal penalties are often harsher. The penalty will be based on the violation of federal law the government alleged but generally is much harsher than the penalty for violation of state law.
- **Constitutional Protections** – While both systems protect constitutional rights, federal courts often apply stricter evidentiary standards.
- **Investigative Bodies** – Federal cases often involve federal agencies like the FBI or ATF, while state cases typically involve local law enforcement.

## When Does A Gun Crime Become A Federal Case?

Gun crimes often begin as state charges but can escalate to federal cases when specific conditions are met. Some factors that may result in federal jurisdiction include:

- **Crossing State Lines** – If a firearm is transported across state lines or purchased in another state without proper licensing.
- **Use During a Federal Crime** – If a gun is used during a federal crime, such as drug trafficking or robbery.
- **Prohibited Persons** – When a prohibited person under federal law possesses a firearm, such as a fugitive, illegal alien, or convicted felon.

## Legal Defenses In Texas Gun Cases

We use several defense strategies to protect our clients in gun cases, whether they face federal or state charges. Some legal defenses include:

- **Lack of Possession** – The firearm must be in the individual’s control or possession to secure a conviction.
- **Fourth Amendment Violations** – Unlawful searches and seizures can lead to evidence being suppressed.
- **License Compliance** – If the defendant had the proper license or met Texas’ open carry requirements, charges could be dismissed.

## How We Can Help Defend Your Gun Case In Texas

At Mark Diaz & Associates, we defend clients facing both federal and state gun charges in Texas. Our legal team understands the complexities of both court systems and how to build strong defenses tailored to each case. We fight to protect your constitutional rights and work to minimize the consequences you face.

## FAQ’s About Federal Vs. State Jurisdiction In Texas Gun Cases

### What Is the Difference Between Federal and State Gun Laws in Texas?

Federal gun laws apply to offenses that cross state lines or involve federal statutes, such as possessing a firearm as a prohibited person under 18 U.S.C. § 922(g). State laws, such as Texas Penal Code § 46.02, focus on local gun-related offenses like unlawful carrying of a weapon. Federal criminal convictions result in harsher punishments, such as mandatory minimum prison sentences. Understanding which jurisdiction applies is crucial because it affects how cases are prosecuted and defended. An attorney familiar with both systems can help identify the key differences and how they apply to your case.

### Can I Be Prosecuted in Both State and Federal Court for the Same Gun Crime?

Yes, it is possible to be prosecuted in both state and federal court for the same gun crime due to the “dual sovereignty doctrine.” This legal principle allows both state and federal governments to pursue separate prosecutions for the same conduct without violating the Fifth Amendment’s protection against double jeopardy. For example, if someone possesses a firearm unlawfully under both Chapter 46 of the Texas Penal Code and 18 U.S.C. § 922(g), both jurisdictions could bring charges. This often results in more severe consequences, as federal sentences can be longer and have fewer opportunities for parole.

### What Happens If a Federal Charge Is Dropped?

If federal charges are dropped, state authorities may still pursue charges if the conduct also violated Texas law. For example, if a federal gun possession charge under 18 U.S.C. § 922(g) is dismissed, the defendant may still face state prosecution under Chapter 46 of the Texas Penal Code, which governs unlawful possession of a firearm by a felon. The decision to drop federal charges often depends on evidentiary issues, plea deals, or jurisdictional conflicts. A skilled defense attorney can argue for dismissal in both courts when appropriate and fight for the best possible outcome.

### Do Texas Gun Laws Apply to All Firearms?

Yes, Texas gun laws apply to all firearms, but certain weapons face additional restrictions under both state and federal law. For example, machine guns, short-barreled shotguns, and suppressors are heavily regulated under the National Firearms Act (26 U.S.C. § 5845) and require special registration. Texas Penal Code § 46.05 also restricts the possession of specific types of weapons, including explosive devices and armor-piercing ammunition. If a person possesses these firearms without proper licensing, they could face both state and federal charges, resulting in severe penalties.

### What Are The Penalties For Federal Gun Crimes?

Federal gun crime penalties vary widely but can be extremely severe. For example, a conviction for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g) can result in up to 10 years in prison. Additionally, using a firearm during a violent crime or drug trafficking under 18 U.S.C. § 924(c) carries a mandatory minimum of five years in prison, which must run consecutively to other sentences. Federal sentencing guidelines often limit the possibility of parole, making defense strategies critical to avoid harsh outcomes.

### Can A State Gun Case Escalate To Federal Court?

Yes, a state gun case can escalate to federal court if certain elements are involved. If a firearm was transported across state lines, used during a drug trafficking offense, or possessed by a prohibited person under federal law, the case could be prosecuted federally. For example, a state charge under Texas Penal Code § 46.02 for unlawful carrying of a weapon could become a federal case if the firearm was purchased in another state. When cases escalate, the penalties often become more severe, requiring an experienced defense attorney who understands both court systems.

### How Do Texas Gun Laws Affect Felons?

Texas Penal Code § 46.04 prohibits felons from possessing firearms with the exception of being able to possess firearms in the home but only after five years from their release from confinement or community supervision. After that period, a felon may possess a firearm only at their residence. However, federal law under 18 U.S.C. § 922(g) imposes a lifetime ban on felon firearm possession, regardless of state allowances. If a felon is caught with a firearm in Texas in their home after the five-year mark, they are still prohibited under federal law; they could face prosecution in federal court despite being permitted to have the weapon under state law. Legal counsel can help determine the most effective defense strategy when these conflicts arise.

### What Is An Unlawful Carry Charge In Texas?

An unlawful carry charge in Texas occurs when someone carries a handgun without a license or in a restricted area, as outlined in Texas Penal Code § 46.02. This charge can apply to carrying a firearm while intoxicated, at a bar, or in certain public areas like schools and polling stations. Even licensed individuals can face charges if they violate restrictions under Texas law. Unlawful carry cases can be enhanced to felonies depending on the circumstances, such as having prior convictions or carrying in a location where firearms are strictly prohibited.

### What Should I Do If I’m Facing Federal Gun Charges?

If you are facing federal gun charges, the most important step is to seek legal counsel immediately. Federal cases often involve agencies like the ATF, and the penalties can be severe, including mandatory minimum prison sentences. Avoid speaking with law enforcement without your attorney present, as statements you make can be used against you in court. An experienced defense lawyer can assess your case, determine if constitutional violations occurred, and build a strong defense. Federal court procedures are complex, so early legal intervention is crucial for protecting your rights.

### How Can An Attorney Help With A Federal Gun Charge?

A Texas criminal defense attorney provides critical representation in federal gun cases by examining the prosecution’s evidence, challenging procedural errors, and advocating for reduced charges. For example, a defense lawyer can investigate whether the firearm was obtained through an illegal search, violating Fourth Amendment rights. An attorney can also negotiate plea deals that may reduce mandatory minimum sentences or explore eligibility for alternative sentencing options. Representation is essential in federal cases where sentencing guidelines are strict, and penalties can have life-altering consequences if not aggressively contested.

## Contact Our Galveston Gun Crime Lawyer For A Free Consultation

If you’re facing state or federal gun charges, you need aggressive legal representation to protect your rights and future. At Mark Diaz & Associates, we represent clients throughout Galveston and the city of Houston, Texas. Our team has extensive experience handling complex gun crime cases and understands the unique challenges of both state and federal courts. Contact our [Galveston gun crime lawyer](/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](/landing-form/).

**Categories:** Criminal Defense Lawyer

---

### [Legal Basis For DWI Stops In Texas: Understanding Reasonable Suspicion](https://texascriminaljustice.com/legal-basis-for-dwi-stops-in-texas-understanding-reasonable-suspicion/)

**Published:** March 3, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![what is reasonable suspicion](https://texascriminaljustice.com/wp-content/uploads/2025/03/Diaz-1-Legal-Basis-for-DWI-Stops-in-Texas-Understanding-Reasonable-Suspicion_March-2025.png "what is reasonable suspicion")Driving While Intoxicated (DWI) charges in Texas often begin with a routine traffic stop. However, law enforcement officers [must have a legal basis to stop a vehicle](https://www.tdcaa.com/resources/dwi/jessica-fraziers-dwi-case-law/v-basis-for-vehicle-stop-legal-standard/) before conducting a DWI investigation. This legal basis is known as reasonable suspicion, a key constitutional principle designed to protect individuals from unlawful searches and seizures under the Fourth Amendment. Texas courts apply this principle under the Texas Transportation Code and Texas Penal Code statutes governing traffic laws and impaired driving offenses. At Mark Diaz & Associates, we ensure that law enforcement follows the law and does not violate the rights of those accused of DWI offenses.

## What Is Reasonable Suspicion?

Reasonable suspicion is a legal standard that allows a law enforcement officer to temporarily detain a driver if the officer has specific, articulable facts that suggest a crime or traffic violation has occurred. In the context of DWI stops, reasonable suspicion often arises from observed driving behavior that indicates impairment. The officer does not need proof that a driver is intoxicated at the moment of the stop, only enough facts to justify further investigation.

Common examples of behavior that may establish reasonable suspicion include:

- Swerving between lanes or failing to maintain a single lane.
- Driving too slowly or erratically.
- Sudden braking without reason.
- Ignoring traffic signals or failing to use turn signals.
- Driving without headlights at night.

If an officer does not have legally valid reasonable suspicion, any evidence gathered during the stop may be challenged in court and could lead to suppression of evidence under the [Texas Code of Criminal Procedure Article 38.23](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-23/).

## Probable Cause And DWI Arrests

Once an officer stops a driver based on reasonable suspicion, they must establish probable cause before making a DWI arrest. Probable cause requires more substantial evidence, such as slurred speech, the odor of alcohol, or poor performance on field sobriety tests. In Texas, officers may also use a portable breath test (PBT) to gather preliminary evidence of intoxication.

If an officer lacks probable cause, an arrest may be considered unlawful, and the defense can file a motion to suppress evidence collected during the stop.

## Challenging A DWI Stop In Texas

An experienced DWI defense attorney can analyze the facts of the case to determine if the stop was justified under Texas law. Potential challenges include:

- **Unlawful Traffic Stop** – If the officer did not have reasonable suspicion, the entire case could be dismissed.
- **Improper Field Sobriety Testing** – If tests were conducted incorrectly, the results might be unreliable.
- **Dashcam Or Bodycam Footage Discrepancies** – Video evidence that contradicts an officer’s report can be critical.

Texas courts take constitutional violations seriously, and any improper stop could lead to evidence suppression under the Texas Code of Criminal Procedure Article 38.23.

## Texas DWI Frequently Asked Questions

### What Is The Difference Between Reasonable Suspicion And Probable Cause?

Reasonable suspicion allows a law enforcement officer to initiate a stop based on observable behavior that suggests criminal activity, such as erratic driving, swerving, or running a stop sign. It is a lower standard of proof than probable cause and is based on the officer’s training and experience. However, reasonable suspicion alone does not justify an arrest or a search of your vehicle without consent or a warrant.

Probable cause, on the other hand, is a higher standard of evidence required to make an arrest or conduct a search without consent. In a DWI case, probable cause may be established through evidence such as the smell of alcohol on a driver’s breath, slurred speech, failed field sobriety tests, or a breathalyzer reading above the legal limit. If an officer arrests you for DWI without probable cause, any evidence collected may be challenged in court.

### Can I Refuse To Answer Questions During A DWI Stop?

Yes. Under the Fifth Amendment, you have the right to remain silent. You are only required to provide your driver’s license, vehicle registration, and proof of insurance. You do not have to answer questions about where you have been, whether you have been drinking, or how much you have consumed.

If an officer asks incriminating questions, it is best to politely decline to answer and state that you wish to speak with an attorney. Officers are trained to get drivers to admit to drinking and anything you say can be used against you in court.

### What Should I Do If I Believe I Was Stopped Illegally?

If you believe your DWI stop was illegal, consult our DWI defense attorneys immediately. Our legal professionals can review the police report, dashcam footage, and officer testimony to determine if the stop violated your Fourth Amendment rights against unreasonable searches and seizures.

If the stop was unconstitutional, your attorney can file a motion to suppress any evidence obtained as a result of the stop. If successful, this could lead to a dismissal of your case, as the prosecution may not have enough admissible evidence to proceed.

### Can I Refuse A Field Sobriety Test In Texas?

Yes, you can refuse field sobriety tests, but refusal may result in license suspension under Texas’ implied consent law (Texas Transportation Code Section 724.011). Field sobriety tests, such as the walk-and-turn or one-leg stand, are often subjective and rely on the officer’s judgment. Factors like uneven pavement, medical conditions, or nervousness can cause poor performance even if you are sober.

By refusing a field sobriety test, you limit the evidence that the prosecution can use against you in court. However, officers may still arrest you if they believe they have enough probable cause based on other observations.

### What Happens If The Officer Did Not Have Reasonable Suspicion For My Stop?

If an officer lacked reasonable suspicion, your attorney can challenge the stop in court. If the court finds the stop unlawful, all evidence obtained afterward—including breathalyzer results, officer observations, and any statements you made—may be suppressed.

This can significantly weaken the prosecution’s case and may result in a dismissal of charges. Without admissible evidence, the state may not be able to prove that you were intoxicated or that your stop was justified.

### How Long Can An Officer Detain Me At A DWI Stop?

An officer can only detain you for a reasonable amount of time to conduct their investigation. If an officer prolongs the stop unnecessarily while waiting for backup, conducting an unrelated investigation, or trying to find reasons to escalate the stop, it could be considered an illegal detention under Texas law.

The U.S. Supreme Court has ruled that officers cannot extend a traffic stop beyond the time necessary to address the initial reason for the stop unless they have reasonable suspicion of additional criminal activity. If your detention was unlawfully extended, your attorney can challenge it in court.

### What Should I Do If I Am Arrested For DWI In Texas?

Remain calm, exercise your right to remain silent, and contact a DWI defense attorney immediately. Anything you say can be used against you, so avoid making statements without legal representation.

If the officer reads you your Miranda rights, take them seriously. Request an attorney and avoid discussing the details of your case with law enforcement or other individuals until you have spoken with legal counsel. Your attorney can help protect your rights and build a defense strategy to challenge the charges against you.

### Will Refusing A Breathalyzer Test Hurt My Case?

Refusing a breathalyzer test can lead to an automatic license suspension under Texas’ implied consent laws. However, refusing the test can also limit the prosecution’s evidence against you. If there is no breathalyzer result, the prosecution must rely on other evidence, such as field sobriety tests and officer observations, which can be challenged in court.

Your attorney can argue that the lack of chemical evidence makes it difficult for the prosecution to prove intoxication beyond a reasonable doubt. However, refusal may also lead to harsher penalties if you are convicted.

### Can Police Search My Car Without A Warrant At A DWI Stop?

Generally, police need a warrant to search your vehicle. However, there are exceptions, including:

- **Probable Cause**: If an officer sees an open container, drugs, or other evidence of a crime, they may search your car without a warrant.
- **Consent**: If you voluntarily allow the officer to search your vehicle, they can do so legally. You are not required to consent.
- **Search Incident To Arrest**: If you are arrested, officers may search your vehicle for weapons or evidence related to the arrest.
- **Vehicle Inventory**: If you are arrested and your vehicle is going to be impounded, officers will document the contents of a vehicle for purposes that all property inside is accounted for, however, this is essentially a search of the vehicle and anything found can be used against you.

If an officer conducts a search without a warrant or valid exception, your attorney can challenge the search in court and move to suppress any evidence found.

### What Are The Penalties For A First-Time DWI In Texas?

A first-time DWI offense in Texas is a Class B misdemeanor punishable by:

- A fine of up to $2,000
- Jail time of 3 to 180 days
- A license suspension of up to one year
- A DWI education program

If your BAC is 0.15% or higher, the offense can be charged as a Class A misdemeanor, carrying harsher penalties.

### How Can A DWI Defense Attorney Help Me?

A DWI defense attorney can:

- Investigate whether the officer had reasonable suspicion to stop you
- Challenge the legality of field sobriety tests and breathalyzer results
- File motions to suppress unlawfully obtained evidence
- Negotiate for reduced charges or alternative sentencing options
- Represent you in court and fight for a favorable outcome

An experienced attorney can identify weaknesses in the prosecution’s case and develop a strong defense strategy to protect your rights.

## Call Our Galveston DWI Defense Firm For A Free Consultation

If you or a loved one has been arrested for DWI in Texas, you need an experienced attorney to fight for your rights. At Mark Diaz & Associates, we understand the complexities of DWI laws and are committed to helping our clients secure the best possible outcome.

Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston, Houston, and throughout Texas. Let us help you protect your future.

**Categories:** DWI Defense Lawyer

---

### [Challenging A DWI Stop In Texas In A DWI Criminal Case](https://texascriminaljustice.com/challenging-a-dwi-stop-in-texas-in-a-dwi-criminal-case/)

**Published:** March 7, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/03/Diaz-2-Challenging-a-DWI-Stop-in-Texas-in-a-DWI-Criminal-Case_March-2025.jpg "DWI")When law enforcement stops a driver on suspicion of driving while intoxicated (DWI), they must follow strict legal procedures. In Texas, police officers must have reasonable suspicion to initiate a traffic stop. This means they must observe a traffic violation or other behavior that indicates possible impairment. Without reasonable suspicion, a DWI stop may be unlawful, and any evidence collected may be inadmissible in court under [Texas Code of Criminal Procedure Article 38.23](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-23/).

If an officer pulls a driver over without legal justification, the entire case could be challenged. Texas courts carefully evaluate the basis of a DWI stop to determine whether the officer had a lawful reason to stop the driver. If there is no valid reason, a defense attorney can file a motion to suppress evidence, which may result in the dismissal of the charges.

## Common Reasons Police Stop Drivers For DWI

Police officers in Texas look for specific behaviors that may indicate impairment. Some of the most common reasons for a DWI stop include:

- Swerving or failing to stay within a lane
- Driving too slowly or erratically
- Running a red light or stop sign
- Speeding or reckless driving
- Failing to use turn signals
- Driving without headlights at night

While these behaviors may justify a traffic stop, they do not necessarily prove intoxication. Many factors, such as fatigue, distraction, or medical conditions, can cause similar driving patterns. If an officer initiates a DWI stop based on assumptions rather than clear legal justification, the stop may be challenged.

## Challenging The Reasonable Suspicion For The Stop

Under Texas law, a police officer must have reasonable suspicion before stopping a driver. If there is no specific and articulable reason for the stop, a defense attorney can argue that the stop was unlawful. Some key defenses include:

- **No Traffic Violation Occurred** – If body camera or dashcam footage does not support the officer’s claim of a traffic violation, the stop may be invalid.
- **Racial Or Unlawful Profiling** – Stops based on profiling rather than observed behavior can be legally contested.

If a court determines that the initial stop was unlawful, any evidence obtained after the stop, including field sobriety tests, breath tests, and officer observations, may be suppressed.

## Challenging Field Sobriety Tests

If a driver is stopped for suspected DWI, officers often administer [field sobriety tests (FSTs)](https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf) to assess impairment. The three standardized tests recognized by the National Highway Traffic Safety Administration (NHTSA) include:

- **Horizontal Gaze Nystagmus (HGN) Test** – Observing involuntary eye movements
- **Walk-And-Turn Test** – Assessing balance and coordination
- **One-Leg Stand Test** – Testing the driver’s ability to stand on one leg

These tests are subjective and prone to error. Factors such as nervousness, uneven surfaces, weather conditions, and medical conditions can affect performance. A skilled DWI defense attorney can challenge the reliability of these tests and argue that they do not provide conclusive evidence of intoxication.

## Challenging Chemical Tests (Breath, Blood, And Urine)

Texas law allows police to conduct breath, blood, and urine tests to determine blood alcohol concentration (BAC). However, these tests are not infallible and can be challenged based on:

- **Improper Calibration Or Maintenance** – Breathalyzers must be properly calibrated and maintained. Records of maintenance and calibration errors can invalidate test results.
- **Improper Handling Of Blood Samples** – Blood tests must follow strict chain-of-custody protocols. If there is contamination or improper storage, the results may be inadmissible.
- **Medical Conditions Affecting Results** – Certain conditions, such as acid reflux, diabetes, or respiratory issues, can produce inaccurate BAC readings.

## Understanding Texas Implied Consent Laws

Under [Texas Transportation Code Section 724.011](https://codes.findlaw.com/tx/transportation-code/transp-sect-724-011/), all drivers automatically consent to chemical testing when arrested for DWI. However, drivers have the right to refuse a breath or blood test, although this may result in an automatic license suspension.

If law enforcement fails to follow proper procedures when administering a chemical test, the results can be contested in court. A defense attorney may argue that the officer lacked probable cause, the test was administered improperly, or the driver’s rights were violated.

## Challenging Probable Cause For Arrest

To make a DWI arrest, an officer must have probable cause that the driver was intoxicated. Probable cause is a higher legal standard than reasonable suspicion. If the evidence presented does not meet this standard, the arrest can be challenged based on:

- **Unreliable Officer Observations** – Slurred speech, red eyes, and unsteady balance can be caused by fatigue, allergies, or medical conditions.
- **Lack Of Evidence** – If there are no objective signs of intoxication, an arrest may be unwarranted.
- **Improper Administration Of Tests** – If field sobriety or breath tests were not conducted properly, the evidence may be thrown out.

## DWI Frequently Asked Questions

### Can A DWI Stop Be Thrown Out If The Officer Had No Reasonable Suspicion?

Yes. If the officer did not have a valid reason to stop the vehicle, any evidence collected after the stop may be inadmissible in court. This includes field sobriety tests, chemical tests, and officer testimony.

### Can A DWI Stop Being Thrown Out If The Officer Has No Reasonable Suspicion?

Yes. If the officer did not have a valid reason to stop the vehicle, any evidence collected after the stop may be inadmissible in court. This includes field sobriety tests, chemical tests, and officer testimony. Police officers must have reasonable suspicion to pull over a driver, meaning they must observe a traffic violation, erratic driving, or another indicator of impairment. If the stop was based on a mere hunch or bias, a defense attorney can file a motion to suppress the evidence, which could weaken the prosecution’s case significantly.

### What Happens If I Refuse A Breath Test In Texas?

Under Texas implied consent laws, refusing a breath or blood test can result in an automatic driver’s license suspension. However, refusing a test also limits the prosecution’s evidence, which can be beneficial in a defense strategy. A first-time refusal typically results in a 180-day suspension, while repeat offenses can lead to a suspension of up to two years. Additionally, law enforcement may still obtain a warrant to conduct a blood test, especially in cases involving accidents or prior DWI convictions. A defense attorney can request a hearing to challenge the suspension of the driver’s license for a refusal and may be able to prevent the suspension.

### Can Medical Conditions Affect Field Sobriety Test Results?

Yes. Many medical conditions, including vertigo, neurological disorders, and inner ear infections, can cause a person to fail field sobriety tests, even when they are completely sober. Other factors, such as anxiety, exhaustion, improper footwear, or uneven road surfaces, can also affect performance. The standardized field sobriety tests (SFSTs) are not foolproof, and officers may misinterpret physical impairments as signs of intoxication. An experienced DWI attorney can present medical records or expert testimony to challenge the validity of the field tests.

### Can A Lawyer Help Get A DWI Case Dismissed?

Yes. A skilled DWI defense lawyer can challenge the legality of the stop, test accuracy, and probable cause, potentially leading to a case dismissal or reduction in charges. Attorneys examine procedural errors, constitutional violations, and flawed evidence to build a strong defense. If the officer did not follow proper arrest procedures, misused breathalyzer equipment, or lacked probable cause for the arrest, the case could be dismissed. Additionally, a lawyer can negotiate with prosecutors for lesser charges or alternative sentencing programs.

### How Can I Fight A DWI Charge If I Failed A Breath Test?

Even if you failed a breath test, breathalyzers are not always accurate. A defense attorney can question the machine’s calibration, the officer’s training, and other potential issues to challenge the results. Factors such as residual mouth alcohol, medical conditions like acid reflux, or improper test administration can lead to false positives. Additionally, if the breathalyzer was not maintained correctly or the officer lacked certification, the test results may be deemed unreliable.

### What Are Common Police Errors That Can Help My Defense?

Several procedural errors can strengthen a DWI defense, including:

- **Lack of reasonable suspicion** – If the officer did not have a valid reason to stop you, the case may be thrown out.
- **Failure to follow proper testing procedures** – Officers must administer field sobriety and breathalyzer tests according to strict guidelines. Any deviation can lead to unreliable results.
- **Improperly obtained evidence** – If officers failed to read your Miranda rights before questioning you, any self-incriminating statements might be suppressed.
- **Unreliable breathalyzer maintenance** – If the machine is not properly calibrated or maintained, its results can be challenged in court.

### Can I Still Be Convicted If My Bac Was Below The Legal Limit?

Yes. In Texas, you can be arrested and charged with a DWI even if your blood alcohol concentration (BAC) is below 0.08%. Officers can claim that other factors, such as your behavior, driving patterns, or failed field sobriety tests, indicate impairment. Texas law allows for a DWI conviction if the prosecution can prove that alcohol or drugs caused the loss of the normal use of your mental or physical faculties despite being under the legal limit.

### How Long Does A DWI Stay On My Record In Texas?

A DWI conviction in Texas stays on your record permanently. Texas does not allow for the expunction of a DWI conviction, meaning it can impact employment opportunities, housing applications, and professional licensing. However, if your case was dismissed or you were acquitted, you may be eligible for an expunction or nondisclosure order, which can seal your record from public view.

### What If I Was Arrested For A DWI At A Sobriety Checkpoint?

Sobriety checkpoints are not common in Texas, as they are generally considered unconstitutional under state law. However, if you were arrested at a checkpoint, a defense attorney could challenge the legality of the stop. Texas courts have ruled that random DWI roadblocks violate state constitutional protections against unreasonable searches and seizures. If your arrest resulted from an unconstitutional checkpoint, your attorney could argue to have the charges dismissed.

### Can Prescription Medication Lead To A DWI Arrest?

Yes. Texas law allows for DWI charges if any substance, including prescription medications, impairs your ability to drive. Common medications that can lead to impairment include sedatives, painkillers, and anxiety medications. Even if the medication was legally prescribed, if it affected your driving ability, you could still face a DWI charge. A defense attorney can work to demonstrate that you took the medication as prescribed and that it did not impair your ability to operate a vehicle safely.

### What Happens If This Is My Second Or Third DWI Offense?

Penalties increase significantly for repeat DWI offenses in Texas. A second offense carries:

- A mandatory jail sentence of at least 30 days
- Fines up to $4,000
- A license suspension of up to two years
- A third offense is considered a felony, with potential penalties including:
- 2 to 10 years in prison
- Fines up to $10,000
- A permanent criminal record
- If you are facing multiple DWI charges, seeking legal representation is critical to protecting your rights and minimizing the consequences.

### What Is The Difference Between A DWI And DUI In Texas?

In Texas, DWI (Driving While Intoxicated) applies to individuals over 21 who operate a vehicle with a BAC of 0.08% or higher or are otherwise impaired. DUI (Driving Under the Influence) applies only to minors under 21 who have any detectable alcohol in their system. While a DUI is considered a Class C misdemeanor with lower penalties, a DWI carries more severe consequences. Additionally, it should be noted that even if you are under 21, you can still be charged with a DWI.

### What Should I Do If I Am Pulled Over On Suspicion Of DWI?

If you are pulled over on suspicion of DWI, follow these steps:

- **Remain calm and polite** – Do not argue with the officer or make sudden movements.
- **Exercise your right to remain silent** – You are not required to answer questions beyond providing your license and registration.
- **Refuse field sobriety tests** – These tests are voluntary and can be used against you in court.
- **Consider refusing the breathalyzer** – While refusal results in an automatic suspension, it may limit evidence against you.
- **Contact a DWI attorney immediately** – Legal representation can help you build a strong defense and protect your rights.

### How Can I Fight A DWI Charge If I Failed A Breath Test?

Even if you failed a breath test, breathalyzers are not always accurate. A defense attorney can question the machine’s calibration, the officer’s training, and other potential issues to challenge the results.

## Call Mark Diaz & Associates For Aggressive DWI Defense

A DWI conviction can have serious consequences, including license suspension, fines, and jail time. At Mark Diaz & Associates, we have extensive experience defending DWI cases in Galveston and throughout Texas.

Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Our team is ready to fight for your rights and build a strong defense strategy tailored to your case.

**Categories:** DWI Defense Lawyer

---

### [Use Of Digital Evidence In Texas Criminal Trials](https://texascriminaljustice.com/use-of-digital-evidence-in-texas-criminal-trials/)

**Published:** March 11, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![digital evidence](https://texascriminaljustice.com/wp-content/uploads/2025/03/Diaz-3-Use-of-Digital-Evidence-in-Texas-Criminal-Trials_March-2025.jpg "digital evidence")Digital evidence plays an important role in Texas criminal trials. It has become vital to law enforcement, with [66% of agency managers considering digital evidence more important than DNA](https://www.forensicmag.com/592150-Survey-Says-Digital-Evidence-is-Now-More-Important-than-DNA/).The use of electronic data, including surveillance footage, cell phone records, social media activity, GPS tracking, and forensic computer analysis, has become standard in criminal proceedings. While digital evidence can strengthen a prosecution’s case, it also presents opportunities for criminal defense attorneys to challenge its reliability and admissibility.

In Texas, the Texas Code of Criminal Procedure and Texas Rules of Evidence provide guidance on the use of digital evidence in criminal trials. Prosecutors must establish that digital evidence is authentic, properly obtained, and relevant to the case. Our criminal defense attorneys can contest digital evidence based on issues such as chain of custody, improper collection methods, and lack of credibility. Challenging digital evidence in your case is crucial in building a strong defense.

## Types Of Digital Evidence Used In Texas Criminal Trials

### 1. Surveillance Footage

Video recordings from traffic cameras, dashcams, security cameras, and body cameras can be introduced as evidence in many types of criminal cases. Video footage is not always definitive proof of the alleged wrongdoing, however. Defense strategies can be vast when it comes to challenging this type of evidence, but to name a few, the defense can question the footage’s clarity, timestamp accuracy, and the angle at which it was recorded.

### 2. Cell Phone Records And GPS Data

Cell phone data can be used to establish a suspect’s location and movements. Texas courts have ruled that obtaining cell phone records without a warrant may violate the Fourth Amendment. Under [Texas Code of Criminal Procedure Article 18.0215](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-18-0215/), law enforcement must obtain a warrant to access certain digital data, making it a critical area for defense challenges.

### 3. Social Media Activity

Prosecutors frequently use social media posts, messages, and check-ins to demonstrate intent or behavior patterns. For example, posts that reference alcohol consumption before an alleged DWI incident may be used as evidence. The reliability of social media content can be questioned since social media posts can be taken out of context or manipulated.

### 4. Breathalyzer And Blood Test Data

Digital records from breathalyzers and blood test machines are often presented as key evidence in Texas DWI cases. Our criminal defense attorneys can review, analyze, and potentially challenge the calibration and maintenance records of these machines under Texas Transportation Code §543.001, which outlines proper procedures for alcohol testing devices.

### 5. Dashcam And Body Camera Footage

Law enforcement officers frequently wear body cameras or have dashcams in their vehicles. These recordings can be used to show how a traffic stop and arrest were conducted. If an officer fails to follow proper procedures, the footage can be used in the defense’s favor to argue for suppression of evidence or dismissal of charges.

## Legal Challenges To Digital Evidence In Texas Criminal Cases

### 1. Authentication And Chain Of Custody

Under Texas Rules of Evidence Rule 901, digital evidence must be properly authenticated before it is admissible in court. This means proving that the evidence is what it purports to be and has not been tampered with. Defense attorneys can challenge gaps in the chain of custody or improper handling of evidence.

### 2. Fourth Amendment Violations

The U.S. Constitution protects against unlawful searches and seizures. If law enforcement obtains digital evidence without a warrant when one is required, the evidence may be inadmissible under the exclusionary rule. Texas courts frequently rule on whether digital evidence collection methods comply with constitutional protections.

### 3. Reliability And Accuracy Of Digital Data

Many forms of digital evidence, such as GPS tracking and breathalyzer test results, rely on technology that must be properly maintained and calibrated. Defense attorneys can request maintenance logs, software update records, and expert witness testimony to contest the reliability of digital evidence.

### 4. Hearsay And Admissibility Concerns

Digital communications, such as text messages and emails, may be considered hearsay under Texas Rules of Evidence Rule 801. Prosecutors must prove that such messages are exceptions to hearsay rules, and defense attorneys can challenge their admissibility based on lack of foundation or reliability.

## How Digital Evidence Impacts Texas DWI Trials

### 1. Challenging The Accuracy Of Digital Data

DWI cases often rely on dashcam footage, breathalyzer data, and field sobriety test recordings. Defense attorneys can argue that video footage does not conclusively show impairment and that breath test machines may have produced false positives due to improper calibration.

### 2. Cross-Examining The Chain Of Custody

Digital evidence must be properly stored and handled to prevent corruption or tampering. If law enforcement officers fail to maintain a clear chain of custody, defense attorneys can argue for the exclusion of the evidence collected with procedural errors.

### 3. Utilizing Digital Evidence To Support The Defense

In some cases, digital evidence can actually support the defense. GPS tracking data may show that a suspect was not at the scene of a crime, or dashcam footage may reveal that field sobriety tests were conducted improperly. Using digital evidence strategically can be crucial in securing favorable case outcomes.

## Search Warrant Frequently Asked Questions

### Can Law Enforcement Search My Phone Without A Warrant In Texas?

Under Texas Code of Criminal Procedure Article 18.0215, law enforcement must obtain a warrant before accessing the contents of a cell phone unless the owner consents or exigent circumstances exist. Exigent circumstances typically involve situations where there is an immediate threat to public safety or the risk of evidence being destroyed. If a search is conducted without proper authorization, criminal defense attorneys can file a motion to suppress the evidence. Courts may rule that any unlawfully obtained digital evidence is inadmissible, significantly weakening the prosecution’s case.

### How Can Digital Evidence Be Challenged In A DWI Case?

Defense attorneys can challenge digital evidence in multiple ways, including questioning its authenticity, chain of custody, and reliability. Common challenges include:

- **Breathalyzer Calibration Records** – Defense attorneys can argue that breathalyzer results are unreliable if the device was improperly calibrated, maintained, or used by an unqualified officer.
- **Body Camera Footage** – Video evidence from law enforcement body cams may be incomplete, edited, or missing crucial moments that could support the defense.
- **Cell Phone Data** – Data used to track a suspect’s location or actions can be inaccurate due to GPS errors, signal interference, or misinterpretation.

If the defense can demonstrate that digital evidence is inaccurate, tampered with, or lacks proper authentication, the judge may exclude it from trial.

### Are Social Media Posts Admissible As Evidence In Texas Criminal Trials?

They can be, yes. Prosecutors frequently use social media posts, messages, and photos to establish intent, prior conduct, or contradictions in a defendant’s statement. However, defense attorneys can challenge such evidence by arguing that:

- There is no proof that the defendant was the person who actually made the post/sent the message, even though it came from their account;
- The post is misleading or taken out of context.
- The evidence has been manipulated or edited.
- The chain of custody is incomplete, challenging the ability to verify the authenticity of the information.

Without clear authentication, courts may rule social media evidence as unreliable and/or inadmissible.

### What Happens If Digital Evidence Is Improperly Handled?

If digital evidence is lost, altered, or improperly stored, defense attorneys can argue that it has been compromised and should be excluded from trial. This is particularly relevant when:

- The chain of custody is broken, meaning law enforcement cannot prove the evidence remained untampered.
- The evidence was stored improperly, such as leaving a digital file vulnerable to corruption.
- The evidence was deleted or manipulated after collection.

When digital evidence is mishandled, defense attorneys may file a motion to suppress, preventing the prosecution from using it against the defendant.

### Is Video Footage Always Reliable In A DWI Case?

Not necessarily. Video footage may appear compelling, but it can lack key context or be misleading due to:

- **Poor lighting or angles** – This makes it difficult to determine a driver’s actual intoxication or lack thereof.
- **Lack of audio** – Preventing a full understanding of the interaction.
- **Camera malfunctions or gaps** – Missing crucial moments in the arrest.

Defense attorneys can sometimes use forensic video analysis to challenge video evidence and highlight inconsistencies.

### How Do Courts Determine If Digital Evidence Is Admissible?

Texas courts assess whether digital evidence is:

- **Relevant** – Does it directly relate to the case?
- **Authenticated** – Can its accuracy and source be verified?
- **Obtained Legally** – Was a warrant used if required?
- **Free from Hearsay Issues** – Can its accuracy be independently verified?

If the prosecution cannot meet these standards, the defense can argue for the exclusion of the evidence.

### Can Text Messages Be Used Against Me In A Texas Criminal Case?

Yes, text messages can serve as evidence in certain scenarios. However, defense attorneys can challenge text messages by arguing:

- The messages were sent by someone else using the defendant’s phone.
- The messages lack proper authentication (e.g., screenshots can be altered).
- The prosecution cannot establish context, raising the issue of optional completeness (e.g., missing prior or follow-up messages).

If messages are not properly authenticated, courts may deem them as inadmissible.

### Can Law Enforcement Use Deleted Digital Evidence?

Yes, forensic specialists can recover deleted text messages, emails, or browsing history from phones and computers. However, the defense can challenge such evidence by questioning:

- The accuracy of data recovery methods.
- Whether the evidence was obtained legally under Texas Code of Criminal Procedure Article 18.0215 and the Fourth Amendment of the U.S. Constitution.
- If the evidence was altered or incomplete.

If law enforcement retrieves deleted data without a warrant, the defense can argue that it violates Fourth Amendment rights and thus should be excluded from trial.

### How Can Metadata Impact A DWI Case?

Metadata, or hidden digital information attached to files, can confirm whether evidence is authentic or has been tampered with. Defense attorneys may use metadata to:

- Verify the original timestamps of videos, photos, or messages.
- Detect modifications to evidence after collection.
- Challenge edited or cropped footage that excludes exonerating details.

Metadata can expose flaws in the prosecution’s evidence, leading to case dismissals or reduced charges.

### Can Smart Home Devices Provide Digital Evidence?

Yes, smart home devices such as Alexa, Google Home, or Ring doorbell cameras may contain voice recordings, activity logs, or video footage used in criminal cases. These devices can:

- Confirm whether someone was home at the time of the alleged crime.
- Capture audio or video supporting the defense’s claims.
- Challenge law enforcement’s version of events.

If such data is improperly obtained by law enforcement, defense attorneys can file motions to suppress the evidence.

### Can Digital Witness Testimonies Be Challenged?

Yes, digital witness testimonies can be cross-examined and disputed based on:

- **Credibility** – Whether the witness has biases or incentives.
- **Authentication** – Whether messages or videos are manipulated.
- **Context** – Ensuring all relevant details are included.

Courts consider digital witness statements alongside other evidence, so attorneys must ensure they meet strict legal standards.

## Call Mark Diaz & Associates For A Free Consultation

At Mark Diaz & Associates, we understand the importance of challenging digital evidence in DWI and all other criminal cases. We examine every piece of evidence to ensure that it is legally obtained and properly handled. If digital evidence is used against you, we will fight to exclude unreliable or unlawful evidence and work toward the best possible outcome.

Contact Mark Diaz & Associates at 409-515-6170 to [receive a free consultation](/landing-form/) with an experienced [Galveston criminal defense lawyer](/criminal-defense/).

**Categories:** Criminal Defense Lawyer

---

### [Disclosing Firearms During Traffic Stops In Texas: Legal Requirements and Recommendations](https://texascriminaljustice.com/disclosing-firearms-during-traffic-stops-in-texas-legal-requirements-and-recommendations/)

**Published:** March 17, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![firearms at traffic stop](https://texascriminaljustice.com/wp-content/uploads/2025/03/Diaz-4-Disclosing-Firearms-During-Traffic-Stops-in-Texas-Legal-Requirements-and-Recommendations_March-2025.jpg "firearms at traffic stop")Traffic stops can be stressful situations, especially when a driver is carrying a firearm. Texas law allows many residents to legally carry firearms, but knowing how and when to disclose that information to law enforcement is critical to avoiding legal issues. Missteps during a stop can lead to misunderstandings, unnecessary complications, or even criminal charges. Understanding Texas firearm disclosure laws and following best practices when interacting with law enforcement can help protect your rights and ensure your safety.

At Mark Diaz & Associates, we frequently represent clients facing firearm-related legal challenges, including DWI charges that involve weapons possession. We will now explain the legal obligations of firearm owners, the potential consequences of failing to disclose, and the best ways to handle these situations without escalating tensions.

## Texas Firearm Disclosure Laws And Legal Responsibilities

Under [Texas Penal Code § 46.02](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm), individuals may carry a handgun without a license in most public places, provided they are not prohibited from possessing a firearm under state or federal law. However, firearm owners must be aware of certain rules when stopped by law enforcement.

- **No Duty To Inform Without Being Asked** – Texas law does not require drivers to voluntarily inform officers that they have a firearm unless directly asked. This differs from states with mandatory disclosure laws.
- **License Holders And Open Carry** – Although Texas no longer requires a License to Carry (LTC) for concealed or open carry, individuals who hold an LTC must present it if they are carrying a firearm and asked by an officer.
- **Cooperation With Law Enforcement** – While Texas law does not require immediate firearm disclosure, officers may still ask whether a driver has a firearm, and drivers must answer truthfully.

Failing to properly handle these situations can result in unnecessary complications, including arrests, firearm seizures, or potential criminal charges.

## How Firearms Affect a DWI Arrest In Texas

Carrying a firearm while under the influence of alcohol or drugs can result in serious legal consequences. Under [Texas Penal Code § 46.02](https://codes.findlaw.com/tx/penal-code/penal-sect-46-04/#:~:text=Unlawful%20Possession%20of%20Firearm&text=(2)%20after%20the%20period%20described,at%20which%20the%20person%20lives.), it is illegal to carry a handgun while intoxicated in a public place, even if the firearm is lawfully owned.

- **DWI With A Firearm** – A person arrested for DWI while carrying a firearm may face additional charges, including Unlawful Carrying of a Weapon (UCW) under Texas Penal Code § 46.02.
- **Firearm Seizure** – Law enforcement may seize a firearm during a DWI stop if they believe the driver is “engaged in criminal activity, other than a Class C misdemeanor” – criminal activity would include operating a motor vehicle while intoxicated.
- **Increased Penalties** – While first-time DWI charges are typically Class B misdemeanors, carrying a weapon at the time of the arrest can aggrevate the case and lead to harsher penalties.

Understanding these legal risks is crucial for anyone who regularly carries a gun in their vehicle for safety reasons but is later arrested and charged with DWI.

## Best Practices For Disclosing A Firearm During A Traffic Stop

To ensure safety and avoid misunderstandings, firearm owners should follow these best practices when interacting with law enforcement during a traffic stop:

### 1. Stay Calm And Keep Your Hands Visible

Sudden movements can cause alarm, especially when a firearm is involved. Keep your hands on the steering wheel and avoid reaching for anything unless directed to do so.

### 2. Wait For The Officer’s Instructions

Texas does not require immediate disclosure, so there is no need to volunteer firearm information unless asked. If an officer requests this information, respond calmly and truthfully.

### 3. Use Clear And Polite Communication

If carrying a firearm, say: “Officer, I want to inform you that I am carrying a legally owned firearm. How would you like me to proceed?” This approach demonstrates cooperation while allowing the officer to take control of the situation safely.

### 4. Do Not Reach For The Firearm

Even if asked to retrieve identification or a license, never make sudden movements toward a firearm. Inform the officer where it is located and wait for the officer to give you instructions on what to do next.

### 5. Follow All Lawful Orders

If an officer decides to temporarily hold onto the firearm, comply without argument or sudden movements. Resisting or appearing uncooperative can escalate the situation.

By following these guidelines, firearm owners can reduce the risk of unnecessary legal trouble and ensure a safe, professional interaction with law enforcement.

## Gun Possession Frequently Asked Questions

### Can I Legally Carry A Firearm In My Vehicle Without A Permit In Texas?

Yes. Under Texas Penal Code § 46.02, anyone 21 years or older who is not prohibited by law may carry a handgun in their vehicle without a permit, or License to Carry (“LTC”). However, the firearm must be concealed unless openly carried in a holster.

### What Happens If I Am Arrested For DWI While Carrying A Firearm?

If arrested for DWI with a firearm, you could face additional charges under Texas Penal Code § 46.02, resulting in firearm confiscation, criminal penalties, and potential license suspensions.

### Can Law Enforcement Seize My Firearm During A Traffic Stop?

Yes. If officers believe there is a safety concern, they may temporarily seize the firearm and return it after determining the stop is complete and no laws have been violated.

### Do I Have To Tell An Officer If I Have A Firearm During A Stop?

No. Texas law does not require immediate disclosure unless directly asked. However, it is wise to communicate clearly to prevent misunderstandings.

### Can Carrying A Firearm Impact My DWI Case?

Yes. Having a firearm at the time of a DWI arrest can lead to additional charges, which may result in harsher penalties and firearm restrictions.

### What Should I Do If My Firearm Is Confiscated During A Stop?

If your firearm is seized during a traffic stop, you should:

- Request written documentation of the seizure.
- Avoid confrontation and remain cooperative.
- Contact an attorney to determine how to retrieve your firearm legally.

### Are Texas Officers Trained To Handle Traffic Stops Involving Firearms?

Yes. Law enforcement officers receive training on handling firearm disclosures, but it is always best to remain calm and follow their instructions.

### Can a DWI Conviction Prevent Me From Owning A Firearm In Texas?

A first-time DWI conviction generally does not affect firearm ownership. However, multiple convictions or felony DWIs can result in restrictions under federal and state law.

### What Should I Do If I Am Facing Both DWI And Firearm Charges?

If you are charged with both DWI and unlawful firearm possession, it is essential to contact an attorney immediately to protect your rights. A conviction could result in jail time, fines, and firearm restrictions.

### Can I Be Charged With A Crime If I Forget To Disclose That I Have A Firearm In My Vehicle?

Texas law does not require drivers to voluntarily disclose firearm possession unless directly asked by law enforcement. However, if you intentionally mislead an officer or fail to comply with an instruction related to firearm disclosure, you could face additional legal consequences.

### What Should I Do If An Officer Reacts Aggressively After I Disclose That I Have A Firearm?

If an officer appears alarmed or reacts strongly after you disclose your firearm, it is crucial to:

- Remain calm and composed.
- Keep your hands visible and avoid sudden movements.
- Politely reiterate that you are legally carrying the firearm.
- Follow all commands carefully and avoid confrontation.

Most officers are trained to handle these situations, but remaining cooperative and respectful will help ensure a safe outcome.

### Can A Police Officer Search My Vehicle If I Tell Them I Have A Firearm?

Simply stating that you have a firearm does not give law enforcement the automatic right to search your vehicle. However, if an officer has probable cause to believe a crime has been committed, they may conduct a search under Texas law.

### Can I Carry A Loaded Firearm In My Car Without A Permit In Texas?

Yes. Under Texas Penal Code § 46.02, you may carry a loaded firearm in your car without a permit as long as you are 21 years or older and not prohibited from possessing a firearm.

However, if stopped, the firearm must be properly concealed or if in plain view, it must be holstered.

### Is It Legal To Carry A Firearm While Driving In Another State?

Texas firearm laws do not apply once you cross into another state. Many states have stricter firearm laws, and some require a permit to transport firearms in a vehicle. It is critical to research state-specific laws before traveling across state lines with a firearm.

### What Happens If I Am Pulled Over In A School Zone While Carrying A Firearm?

Under federal law (18 U.S.C. § 922(q)), carrying a firearm to a place where the person knows or has reason to know is a school zone is restricted, even if it is legally owned. However, Texas law provides various exceptions and caveats to this federal restriction, making this a difficult legal area to navigate. If stopped in a school zone with a gun, you should immediately inform the officer that you have a legally owned firearm and follow all instructions carefully, and if you end up arrested or charged with a crime as a result, contact an attorney for help.

### Can I Transport A Firearm In My Glove Compartment Or Center Console?

Yes. Texas law allows individuals to store firearms in their glove box, center console, or any enclosed compartment inside the vehicle.

### What Happens If I Am Pulled Over For A DWI And Have A Firearm In My Vehicle?

Being intoxicated while carrying a firearm can result in criminal charges under Texas Penal Code § 46.02. If convicted of DWI and Unlawful Carrying of a Weapon (UCW), you could face:

- Firearm confiscation
- Increased penalties, including jail time
- Temporary or permanent firearm ownership restrictions

### Can I Retrieve My Firearm If It Is Seized During A Traffic Stop?

If your firearm is lawfully owned but confiscated by law enforcement during a traffic stop, you may be able to get it back by:

- Requesting a receipt for the confiscation.
- Following up with the police department to determine release procedures.
- Working with an attorney if the firearm was seized under disputed circumstances.

### Are Officers Allowed To Take My Firearm If I Am Not Breaking The Law?

If an officer believes there is a valid safety concern, they may temporarily remove a firearm from your possession during a traffic stop. However, unless there is a clear violation of the law, the firearm should be returned once the stop concludes.

### Can I Carry A Firearm While Using Prescription Medication?

If you are legally prescribed medication that may impair judgment, carrying a firearm could lead to criminal liability, especially if the medication affects your ability to operate a vehicle safely. If stopped, law enforcement may investigate whether the individual is enagaged in any illegal criminal activity and if there is reason to believe that is the case, they may deem the individual unfit to carry a firearm responsibly and seize it accordingly.

### Is It Legal To Carry A Firearm In A Rental Car?

Yes. Texas law allows individuals to carry firearms in their vehicles, including rental cars, as long as they meet state legal requirements. However, rental agreements may include clauses restricting firearm possession in company-owned vehicles.

### Can I Carry A Firearm While Using A Rideshare Service Like Uber Or Lyft?

Uber and Lyft prohibit firearms in vehicles using their platform, even if the firearm owner is legally permitted to carry one. While Texas law may allow personal possession, rideshare policies can override state allowances, leading to service bans or contract violations.

### Can A Passenger In My Vehicle Carry A Firearm?

Yes, as long as the passenger meets all legal requirements for firearm possession. However, if law enforcement conducts a search, passengers must also comply with firearm disclosure laws if directly asked.

## Contact Our Galveston Gun Possession Lawyer For A Free Consultation

If you are facing legal issues involving firearms and traffic stops in Texas, it is essential to have experienced legal representation. At Mark Diaz & Associates, we defend clients against DWI charges, unlawful firearm possession, and related offenses.

Contact our [Galveston gun possession lawyer](/criminal-defense/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston, Houston, and surrounding areas.

**Categories:** Gun Possession Lawyer

---

### [Can A DWI Cost Me My Job?](https://texascriminaljustice.com/can-a-dwi-cost-me-my-job/)

**Published:** April 1, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/04/Diaz-1-Can-A-DWI-Cost-Me-My-Job_April-2025.jpg "DWI")A Driving While Intoxicated (DWI) charge in Texas is not just a serious legal matter—it can also significantly disrupt your career and your future. If you’re facing a DWI in Texas, it is essential to understand how this offense can impact your employment, professional licensing, education, and long-term career prospects. At Mark Diaz & Associates, we frequently assist clients who face DWI charges, helping them understand and minimize the long-term consequences to their careers. While every situation is unique, one thing is consistent: the consequences of a DWI conviction often extend far beyond the courtroom.

A DWI charge can disrupt your employment in many ways, whether you hold a commercial driver’s license (CDL), a professional license, or work in certain regulated fields. Even for those whose jobs do not require a specialized license, a DWI conviction can lead to significant hurdles in obtaining or retaining employment. Under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), driving while intoxicated is considered a serious offense that can carry lasting implications for your professional life.

## Impact On Commercial Driver’s License (CDL) Holders

If you hold a CDL in Texas, a DWI charge can immediately threaten your livelihood. According to [Texas Transportation Code § 522.081](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.522.htm), any CDL holder who is convicted of a DWI offense—even while driving a personal vehicle—faces severe penalties, including:

- **One-Year Suspension of CDL:** A first offense can result in a CDL suspension for a minimum of one year. This suspension means the inability to legally operate commercial vehicles, directly impacting your income and career prospects.
- **Lifetime Disqualification:** If you receive a second DWI conviction, Texas law can permanently revoke your CDL. This revocation effectively ends your commercial driving career.

CDL holders face these strict penalties due to the heightened safety responsibilities associated with operating large commercial vehicles. Employers are unlikely to retain drivers with suspended or revoked licenses because of liability and insurance concerns. Thus, a DWI charge can swiftly end a CDL holder’s career.

## Consequences For Professional License Holders

Many professional fields in Texas require specific licensing, including healthcare, law, teaching, real estate, and finance. A DWI conviction can trigger mandatory reporting to state licensing boards, possibly resulting in disciplinary actions, including license suspension or revocation.

For example, the Texas Medical Board (TMB) mandates disclosure of any criminal conviction, including DWI charges. According to Texas Occupations Code § 164.051, a physician’s license may be suspended or revoked if the board determines that substance abuse poses a risk to patient safety.

Similarly, nurses, attorneys, and educators must disclose DWI convictions to their respective licensing boards, potentially jeopardizing their professional licenses. License holders might be required to attend substance abuse counseling or rehabilitation programs as part of disciplinary measures.

## Employment Implications For Non-Licensed Professionals

Even without holding a specific professional license, a DWI conviction can significantly impact your career prospects. Many employers routinely conduct background checks during hiring processes. A criminal record, including a misdemeanor DWI conviction, could disqualify you from employment or promotion opportunities.

Certain sectors, such as government positions, security jobs, or roles requiring security clearance, take DWI convictions especially seriously. Employers may perceive a DWI conviction as indicative of poor judgment or unreliability, negatively affecting your job stability.

## DWI And Educational Opportunities

A DWI conviction can also create hurdles in education. If you’re currently enrolled or planning to enroll in higher education, you should know that universities and colleges often require criminal background checks for admissions or specific programs—particularly in healthcare or education fields. A DWI conviction might result in denial of admission, loss of scholarships, or disqualification from participating in certain internships or professional placements.

## Financial Consequences Linked To Your Job

Beyond losing job opportunities, a DWI conviction can also have immediate financial repercussions, including:

- Increased car insurance premiums, often doubling or even tripling the standard rate.
- Court fees, fines, and costs associated with mandated counseling programs.
- Expenses from alternative transportation due to suspended driving privileges.
- Possible loss of income due to missed workdays during court proceedings, probation, or incarceration periods.

These expenses add stress and financial pressure, compounding the difficulty of maintaining stable employment or securing new job opportunities.

## Protecting Your Career After A DWI Charge

When you’re charged with a DWI, acting quickly is essential. Texas provides limited opportunities for minimizing the impact of a DWI on your criminal record and professional life. Under certain circumstances, first-time offenders may petition for non-disclosure orders under Texas Government Code § 411.072, which can seal a DWI conviction from public view after completing probation and other court requirements.

Hiring an experienced DWI defense attorney immediately after arrest is crucial. We can evaluate the strength of the state’s evidence, challenge procedural mistakes made by law enforcement, and explore possible options for plea agreements or alternative sentencing programs to minimize the impact on your career.

## FAQs About DWI And Employment Consequences In Texas

### Can A DWI Lead To Immediate Job Loss?

Yes, in certain occupations—especially those requiring professional licensing or a CDL—immediate job loss or suspension is possible following a DWI arrest or conviction. Employers often have policies outlining zero tolerance for criminal convictions related to substance abuse, particularly when public safety is involved.

### Does A DWI Affect My Ability To Pass Background Checks?

Absolutely. A DWI conviction remains on your criminal record permanently unless it is expunged or sealed through specific legal processes. Most employers conduct criminal background checks, and a DWI conviction can seriously hinder your ability to pass these checks successfully.

### How Does A DWI Conviction Impact My CDL?

A first-time DWI conviction typically leads to at least a one-year CDL suspension under Texas law (Texas Transportation Code § 522.081). Any subsequent conviction could permanently revoke your CDL, making it impossible to legally drive commercial vehicles for a living.

### What Happens To My Professional License After A DWI?

Depending on your profession, a DWI conviction could result in disciplinary action from licensing boards, including probation, mandatory counseling, suspension, or even revocation of your professional license. Each board has discretion regarding discipline severity based on factors like prior history and circumstances of the offense.

### Can I Get A DWI Conviction Removed From My Record In Texas?

Texas law allows limited options for removing a DWI from your record. Expunction is only available if your charges are dismissed or you are acquitted. Non-disclosure orders (sealing records) may be possible for certain first-time offenses, provided specific legal conditions and waiting periods are met.

### Does A DWI Affect My Chances Of Getting Into College Or Graduate School?

A DWI conviction can negatively impact educational prospects. Many institutions require criminal background checks, and a DWI might disqualify you from specific programs, scholarships, internships, or placements—especially those involving healthcare, education, or positions of trust.

### Can I Still Work In Healthcare After A DWI?

It is possible but complicated. Healthcare licensing boards in Texas often require disclosure of criminal convictions. If allowed to continue working, you may face probationary conditions, mandatory rehabilitation programs, or periodic drug and alcohol testing.

### Will A DWI Affect Employment In Government Or Security Fields?

Yes. Positions within government agencies or those requiring security clearances often have strict guidelines about criminal convictions, including DWI charges. A conviction can disqualify you from employment or revoke your existing clearance, significantly affecting your career path.

### What Steps Can I Take Immediately After Being Charged With A DWI?

Immediately contacting an experienced DWI attorney is critical. We can provide legal guidance, represent you in court, protect your rights, challenge the state’s evidence, and seek the best possible outcome to minimize the impact on your professional future.

### How Long Does a DWI Stay on My Driving Record in Texas?

A DWI conviction is permenent on your criminal record unless sealed or expunged, but it remains on your driving record typically for life. This can affect insurance rates and future employment opportunities that require driving.

### Will My Insurance Company Drop Me After a DWI Conviction?

Many insurance providers will not immediately drop you, but they will likely increase your rates substantially due to the perceived risk. Some companies may refuse to renew your policy, forcing you to seek coverage from higher-risk insurers at significantly higher premiums.

### Can I Travel Internationally With a DWI Conviction?

International travel can be impacted by a DWI conviction. Some countries, including Canada, have strict entry rules and may deny entry to travelers with a recent DWI conviction. It’s essential to research entry restrictions for each country you plan to visit.

### If My License Is Suspended Due to a DWI, Can I Get a Temporary Permit for Work?

Yes. Under certain circumstances, Texas allows individuals with a suspended driver’s license to request what is called an occupational driver’s license (ODL) to drive legally to work, school, or essential household tasks. Obtaining an ODL requires filing a petition with the court and meeting specific eligibility requirements (Texas Transportation Code § 521.242).

### Can I Refuse a Breathalyzer or Blood Test During a DWI Stop?

While you can refuse, Texas employs “implied consent” laws under Texas Transportation Code § 724.011. Refusal typically results in an automatic administrative license suspension of 180 days for the first refusal and up to two years for subsequent refusals, however, your attorney can request a hearing and challenge the suspension. Additionally, prosecutors may use your refusal as evidence against you in court.

### Is It Possible to Plead to a Lesser Charge Than DWI in Texas?

In some cases, it may be possible to negotiate with prosecutors to reduce a DWI charge to a lesser offense, such as reckless driving or obstruction of a highway. Such outcomes depend heavily on case specifics, evidence strength, and the skill of your defense attorney.

## Call Mark Diaz & Associates For A Strong DWI Defense

At Mark Diaz & Associates, we understand how stressful and overwhelming a DWI charge can be, especially considering its impact on your career. Our attorneys have years of experience handling DWI cases in Galveston and throughout Houston. We provide vigorous legal representation tailored specifically to your needs, aiming to protect your career and future.

Do not wait until your career is compromised by a conviction. Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients from our office in Galveston and throughout Houston, Texas, offering strategic, experienced legal counsel to help you achieve the best possible outcome in your DWI case.

**Categories:** DWI Defense Lawyer

---

### [What Are The Life-long Consequences Of A DWI Conviction?](https://texascriminaljustice.com/what-are-the-life-long-consequences-of-a-dwi-conviction/)

**Published:** April 7, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/04/Diaz-2-What-Are-The-Life-Long-Consequence-of-a-DWI-Conviction-On-My-Record_April-2025.jpg "DWI")Facing a Driving While Intoxicated (DWI) charge in Texas is stressful, but many people do not fully understand how far-reaching the effects of a conviction can be. As experienced DWI defense attorneys serving clients in Galveston and throughout Houston, we regularly see how a single conviction can permanently change someone’s life. A DWI conviction is not just a temporary setback; it affects your employment opportunities, financial stability, family relationships, and personal reputation. These consequences last for years and often a lifetime. Understanding these long-term impacts can help you see why a strong legal defense against a DWI charge is crucial.

## Immediate Penalties Under Texas DWI Law

Texas takes DWI charges very seriously. If convicted, you could face severe immediate penalties. For a first-time DWI conviction, [Texas Penal Code §49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm) specifies fines of up to $2,000, jail time between 3 and 180 days, and the loss of your driver’s license for up to one year. The state may also require the installation of an ignition interlock device (IID) on your vehicle as a condition of probation. With subsequent convictions, penalties increase significantly. For example, a second conviction under [Texas Penal Code §49.09](https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/) can mean fines up to $4,000, a jail sentence of one month to one year, and suspension of your driver’s license for up to two years.

### Long-Term Financial Consequences

A DWI conviction brings lasting financial impacts far beyond immediate fines. You may face years of increased auto insurance rates, sometimes doubling or tripling your premiums. Insurers classify you as high-risk, making coverage difficult and expensive.

Employment prospects can also suffer, especially in industries requiring driving or professional licenses. Many employers conduct background checks and disqualify candidates with DWI convictions. Additionally, you may lose current employment if driving or trustworthiness is essential to your role.

### Permanent Criminal Record And Background Checks

A DWI conviction creates a permanent criminal record in Texas. Background checks performed by employers, landlords, universities, and even volunteer organizations will show this conviction. It can limit your ability to find housing, secure loans, enroll in educational programs, or participate in community activities.

Expunging or sealing a DWI conviction in Texas is very difficult. Under Texas Code of Criminal Procedure Article 55.01, convictions for DWI usually do not qualify for expungement. This means the conviction remains publicly accessible throughout your lifetime. However, alternative resolutions to a Dwi case can allow for an expunction or a form of sealing your record from the public.

### Loss Of Professional Licenses And Career Opportunities

If you work in professions like nursing, teaching, medicine, law, or transportation, a DWI conviction will impact your career. Licensing boards in Texas view DWI convictions seriously, often imposing discipline, suspension, or license revocation. Professional licenses may require disclosure of a DWI conviction. This can potentially preventing entry into your chosen profession or career advancement.

### Impact On Family Relationships And Custody Issues

Family courts also take DWI convictions seriously, especially in child custody matters. Judges could view a conviction as evidence of irresponsible behavior, raising concerns about child safety. Under Texas Family Code §153.002, courts are required to prioritize “the best interests of children.” A DWI conviction might result in restricted custody or visitation rights, affecting relationships with your children permanently.

### Educational Opportunities And Scholarship Eligibility

Students and those seeking higher education face significant challenges after a DWI conviction. Colleges and universities routinely ask about criminal convictions during admissions processes. A DWI on your criminal record could restrict acceptance into certain programs or lead to rejection entirely.

Additionally, many scholarships and financial aid programs require applicants to disclose criminal convictions. Students who have a DWI conviction might lose access to financial support needed to pursue higher education, limiting future career opportunities.

### Limitations On Travel And Immigration Status

A conviction can also limit your travel, especially internationally. Countries such as Canada enforce strict entry requirements and often deny entry to individuals with DWI convictions. If you have family abroad, conduct international business, or simply wish to travel, your conviction can create significant hurdles.

For non-citizens, a DWI conviction can affect immigration status. With the ever changing immigration landscape DWI conviction could lead to serious immigration consequences, especially if there are aggravating circumstances such as accidents and injuries to another.

### Effects On Housing Opportunities And Renting

One significant but less-discussed consequence of a DWI conviction involves housing. Many landlords perform thorough background checks, especially in competitive rental markets around Galveston and Houston. A DWI conviction appearing on your record can make renting an apartment or home challenging. Property owners might view individuals with criminal convictions as risky tenants, raising liability and insurance concerns. This situation can force you into less desirable neighborhoods or require higher security deposits. As attorneys, we understand the daily impact this can have on your quality of life, affecting safety, comfort, and financial stability.

### Increased Difficulty Securing Loans Or Credit

Another area affected by a DWI conviction is your ability to secure loans or credit. Banks and lending institutions routinely review criminal histories, especially for substantial loans such as mortgages or business loans. Having a conviction on your record can lead lenders to view you as a higher-risk borrower. Consequently, you may face increased scrutiny, higher interest rates, or outright denial of credit. These financial restrictions can limit your ability to purchase property, start a business, or achieve significant personal and financial milestones.

### Difficulty Obtaining Or Renewing Firearm Licenses

Under Texas law, individuals convicted of certain offenses, including some felony-level or repeated DWI convictions, may lose their right to possess or obtain firearm licenses. Even misdemeanor DWI convictions may raise red flags when applying for or renewing a license to carry (LTC). A conviction can lead to prolonged delays, additional investigation, or denial of firearm permits, affecting your recreational activities, personal security, or employment

where firearm licensing is necessary.

## Frequently Asked Questions About DWI Convictions In Texas

### How Long Does A DWI Stay On My Record In Texas?

In Texas, a DWI conviction remains on your criminal record permanently. Unlike some other states, a conviction in Texas does not simply disappear after a certain period. Texas law typically does not allow the expunction or sealing of DWI convictions. The permanent nature means that every employer, landlord, or agency running a background check can access this record indefinitely.

### Can A DWI Conviction Be Removed Or Sealed?

In most cases, Texas law prevents the removal or sealing of a DWI conviction from your record. According to Article 55.01 of the Texas Code of Criminal Procedure, expunction applies mainly when charges were dismissed, acquitted, or never filed formally. A conviction, especially one for DWI, usually remains on your criminal record permanently.

There are ways to resolve the case such as a deferred probation or pre-trial diversion that would allow for a sealing or an expunction respectively.

### What Jobs Or Careers Are Affected By A DWI Conviction?

A DWI conviction negatively impacts many careers. Jobs that involve driving—such as truck driving, delivery, or rideshare services—are directly affected. Professional licenses in medicine, law, education, aviation, nursing, and public service can also face suspension, revocation, or denial due to a conviction. Even roles not directly involving driving may reject candidates based on company policies or liability concerns.

### Can A DWI Conviction Affect My Ability To Travel Internationally?

Yes, certain countries can deny entry due to a DWI conviction. Canada, for example, views DWI as a serious offense and frequently denies entry, even for short-term visitors. You may need special permission or clearance to enter some countries. If international travel is important, a DWI conviction poses a long-term barrier.

### Does A DWI Conviction Affect Custody Or Visitation Rights?

Yes, family courts in Texas take DWI convictions seriously when deciding custody and visitation. Judges prioritize child safety under Texas Family Code §153.002, meaning a DWI conviction could lead to limited or supervised visitation. It may negatively influence the court’s perception of your ability to provide a safe environment, impacting family relationships significantly.

## Get Help From Mark Diaz & Associates Today

The consequences of a DWI conviction in Texas can impact every area of your life. At Mark Diaz & Associates, our experienced attorneys understand the severity of these charges and are committed to protecting your future. We aggressively defend clients charged with DWI in Galveston and throughout Houston, Texas. Our goal is to help you reduce or avoid long-lasting impacts on your life.

Do not face these serious charges alone. Contact our [Galveston DWI lawyers](/dwi-charges/) at Mark Diaz & Associates by calling [409-515-6170](tel:+14095156170) to [receive your free consultation](/landing-form/). We serve clients from our Galveston office and throughout the city of Houston, Texas. Let us protect your rights and your future.

**Categories:** DWI Lawyer

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### [What Are Your Rights During A Police Search In Galveston?](https://texascriminaljustice.com/what-are-your-rights-during-a-police-search-in-galveston/)

**Published:** April 14, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![police search](https://texascriminaljustice.com/wp-content/uploads/2025/04/Diaz-3-What-Are-Your-Rights-During-a-Police-Search-in-Galveston_April-2025.jpg "police search")Being stopped and searched by the police in Galveston is stressful, especially when suspected of driving while intoxicated (DWI). Understanding your rights during a police search can help you handle these situations better and protect yourself legally. As attorneys who frequently defend clients against DWI charges throughout Galveston and Harris County, we regularly inform our clients about their constitutional rights. Knowing what officers can and cannot do during a search can greatly affect the outcome of your case. Protecting your rights begins with clearly understanding them.

When police officers stop your vehicle, you have important rights protected by the U.S. Constitution. First, you have the right to remain silent, which means you are not required to answer questions that could incriminate you. Second, you have the right to refuse consent to a search of your vehicle. Officers must have a legal reason, such as probable cause or a search warrant, to search your car without your permission. However, if the officer suspects intoxication, they may conduct certain limited searches under Texas law, including sobriety tests and breathalyzer tests.

## Probable Cause In A DWI Stop

Probable cause refers to facts or evidence that give the police reasonable grounds to believe you committed a crime, such as driving while intoxicated. Officers cannot legally search your vehicle simply because they feel like it or suspect something without clear reasons. In a DWI scenario, probable cause might come from observations such as:

- Slurred speech
- Strong odor of alcohol
- Empty alcohol containers are visible in the vehicle
- Failed field sobriety tests
- Admission of alcohol consumption

## Refusing Field Sobriety Tests

Standardized field sobriety tests (SFST), such as the walk-and-turn test or one-leg stand, are common during DWI stops. In Texas, these tests are voluntary. You have the right to politely refuse to participate. Refusal cannot legally be used as direct evidence of guilt. However, refusing a sobriety test might still lead to arrest based on other signs of impairment, but refusal of the SFSTs alone is not punishable under Texas law.

Texas has implied consent laws found in [Texas Transportation Code § 724.011](https://codes.findlaw.com/tx/transportation-code/transp-sect-724-011/#:~:text=(a)%20If%20a%20person%20is,have%20consented%2C%20subject%20to%20this). This law means that when you operate a motor vehicle on Texas roads, you implicitly consent to breath or blood tests if an officer suspects intoxication. Refusing these tests can result in a license suspension. The first refusal typically leads to a 180-day suspension, while repeated refusals can increase penalties significantly.

Even though refusal is within your rights, it has consequences. Officers must inform you clearly of these consequences before requesting your consent. We recommend clients clearly state their refusal politely if they choose to refuse and understand the potential repercussions.

## Vehicle Searches & Your Rights

During a traffic stop, the police may ask to search your vehicle. Without your consent, officers need probable cause or a warrant to conduct a search. You have the right to refuse consent to a voluntary search of your vehicle. Clearly stating that you do not consent to the search establishes your stance legally.

If an officer believes there’s probable cause (such as visible drug paraphernalia or alcohol containers), they can legally search without your consent. Remember, stating clearly and respectfully that you do not consent may help your defense if the legality of the search is challenged later in court by your attorney.

Police officers in Galveston can conduct a limited “pat-down” search of your person if they suspect you pose a safety threat or are carrying a weapon. This is known as a “Terry frisk” and is designed to protect officer safety, but officers cannot perform a full search without probable cause or your consent.

If an officer obtains a search warrant, you have the right to request to see it. A valid warrant must clearly state what officers can search for and the specific areas to be searched. In DWI cases, an officer can request a search warrant, which, if authorized by a judge, allows the taking of a blood sample to test for the presence of alcohol. In the search warrant, the officer must articulate facts that amount to probable cause that you are intoxicated for the warrant to be legally sufficient.

If police violate your rights during a search, evidence gathered during that search may be excluded from court under the “exclusionary rule.” This rule protects citizens from unlawful police conduct. As your attorneys, we can challenge illegal searches to help reduce or dismiss charges, depending on the circumstances of your arrest and search.

## Frequently Asked Questions About Police Searches In Galveston DWI Cases

### Can Police Search My Car Without My Permission During A DWI Stop?

Police cannot search your vehicle without consent unless they have probable cause or a valid warrant. However, during a suspected DWI stop, probable cause may be established through visible alcohol containers, odor of alcohol, or obvious signs of intoxication. If an officer has probable cause, then they can legally search your vehicle without your consent.

### What Happens If I Refuse A Breathalyzer Test In Texas?

Under Texas implied consent laws, refusing a breathalyzer test may result in an automatic driver’s license suspension. Your license can be suspended for up to 180 days on the first refusal and up to two years for subsequent refusals. However, as a part of our DWI representation for clients, we often assist with the collateral license revocation that usually comes along with the DWI arrest.

In order to challenge the revocation of your license, a request must be sent to the State Office of Administrative Hearings (SOAH) and DPS within 15 days from the arrest. Assuming we have been hired within that time period, we regularly also assist with these issues as a part of our representation. This challenge to the automatic suspension of your license gives us the ability to: (1) possibly keep your license in good standing and not be suspended as a result of the refusal/failure from the DWI arrest; and (2) in the very least and if we are not successful with contesting the license, the suspension is pushed back much further out and is not as quick – this gives us more time to help you get a temporary license, also known as an occupational license, that keeps you driving legally.

### Can Officers Search My Phone During A Traffic Stop?

Police cannot search your phone without a warrant or explicit consent. Your phone is considered private property with significant privacy protections. If officers insist on searching your phone without a warrant, you can politely decline. Any evidence obtained from an illegal phone search could be challenged and excluded from court proceedings.

### Do I Have To Answer All Questions Asked By Police During A DWI Stop?

You are not legally required to answer all questions asked by officers during a traffic stop. You have the constitutional right to remain silent. We recommend providing basic identification and remaining polite but refraining from making statements that could potentially incriminate you. Clearly stating your desire to remain silent is within your legal rights.

### If Police Conducted An Illegal Search, Will My Charges Be Dropped?

An illegal search by police can significantly impact your case, but it does not automatically result in dropped charges. If we successfully argue the search violated your constitutional rights, evidence obtained illegally could be excluded from your case. Without key evidence, prosecutors might decide to reduce or dismiss charges altogether. Every case is unique and the specific outcome of your case depends on the specific facts and evidence surrounding your arrest.

### What Should I Say If Police Ask To Search My Car?

Politely and clearly state, “I do not consent to a search.” While this won’t stop a search if police have probable cause, it clearly establishes your objection, potentially aiding in legal challenges later. Never physically resist or argue aggressively, as doing so could lead to further charges or complications.

### Can Police Enter My Home Without Permission To Search For Evidence In A DWI Investigation?

Generally, police officers cannot enter your home without permission unless they have a valid search warrant or emergency circumstances exist. For instance, in a DWI situation, an officer may enter without consent if immediate action is required, such as preventing harm or protecting evidence that’s being destroyed. If no such emergency exists, officers must obtain a search warrant clearly stating what they are searching for.

Furthermore, officers must list clear and articulable facts in the search warrant affidavit that amount to probable cause that some crime has or will be committed as the basis for granting the search warrant. Any evidence gathered through unauthorized entry may be challenged and excluded from your case, potentially weakening the prosecution’s position.

### What Should I Do If I Believe My Rights Were Violated During A Police Search?

If you believe your rights were violated during a police search, the most important step is to document all details you can recall about the encounter. Write down the officer’s name, badge number, date, location, and the sequence of events. Then, contact a skilled Galveston DWI defense attorney immediately to discuss your situation. An attorney can review the circumstances and determine if your constitutional rights were violated. If the search was unlawful, your attorney may file motions to suppress any illegally obtained evidence, greatly improving your chances of reducing or dismissing your charges.

## Protect Your Rights With Mark Diaz & Associates

Knowing your rights during a police search can significantly affect the outcome of a DWI case in Galveston. At Mark Diaz & Associates, we fight to protect your rights and provide skilled legal representation when you’re facing serious DWI charges. Our legal team serves clients throughout Galveston County and the entire Houston area, aggressively challenging unlawful searches, police misconduct, and procedural mistakes.

Don’t let confusion or intimidation lead to serious consequences. Contact Mark Diaz & Associates at 409-515-6170 to [receive a free consultation](/landing-form/) with an experienced [Galveston criminal defense lawyer](/criminal-defense/). We proudly represent clients in Galveston County and throughout the greater Houston area, providing the dedicated defense you deserve.

**Categories:** Criminal Defense Lawyer

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### [How To Defend Against Driving High In Texas](https://texascriminaljustice.com/how-to-defend-against-driving-high-in-texas/)

**Published:** April 29, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![driving high](https://texascriminaljustice.com/wp-content/uploads/2025/04/Diaz-1-How-To-Defend-Against-Driving-High_May-2025.jpg "driving high")If you are pulled over in Texas and accused of driving while high, you’re facing serious legal trouble. Driving under the influence of marijuana or any other drug can lead to a DWI charge, just like alcohol. Many people charged with driving while high don’t understand the law or what’s at stake. But just because you were arrested doesn’t mean you’re guilty, and it definitely doesn’t mean your case can’t be fought.

In Texas, a DWI doesn’t require alcohol to be involved. If law enforcement believes that a drug, including marijuana, impaired your ability to drive, you can be arrested and charged. The legal process that follows can affect your record, license, career, and reputation. At Mark Diaz & Associates, we fight these charges every day. We understand how Texas DWI laws work, and we understand how to challenge the state’s case from the start.

## What Texas Law Says About Driving High

Under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), a person commits DWI if they are “intoxicated while operating a motor vehicle in a public place.” The word “intoxicated” doesn’t just mean drunk. It also means:

- Not having the normal use of mental or physical faculties
- Caused by the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body

This is important. The state doesn’t have to prove a specific amount of marijuana in your system. They only need to claim that the substance affected your ability to operate your vehicle.

### No Legal Limit For Marijuana In Texas

Unlike alcohol, marijuana does not have a legal threshold of 0.08% BAC. Texas doesn’t recognize a per se limit for THC (the active ingredient in marijuana). This gives officers and prosecutors more room to argue that you were impaired, even if your behavior wasn’t clearly unsafe or you only used cannabis the day before.

That’s one reason defending against these charges is so important. THC can remain in your system long after the effects wear off. Just because you tested positive doesn’t mean you were impaired while driving.

### Common Ways Police Claim You’re Driving High

Officers look for signs of drug use when they stop a driver. These can include:

- Slurred speech
- Slowed reactions
- Bloodshot eyes
- The smell of marijuana in the car
- Confused or lethargic behavior
- Difficulty following instructions during field sobriety tests

However, these signs can be caused by many things—lack of sleep, stress, allergies, or a medical condition. Just because an officer claims you “looked high” doesn’t mean the case is open and shut.

### Field Sobriety Tests And Marijuana

If you’re pulled over and suspected of being high, the officer may ask you to perform field sobriety tests. These are physical coordination tests designed to detect impairment. The problem? These tests were developed for alcohol, not marijuana. They’re subjective and often unreliable.

We regularly challenge the way field sobriety tests are administered in DWI drug cases. Many officers don’t follow proper procedures, and many people fail for reasons that have nothing to do with drug use.

### Drug Recognition Experts (DREs)

In some cases, a specially trained officer called a Drug Recognition Expert may be called to evaluate you. They conduct a 12-step process to determine whether you’re under the influence of a drug, but participation is entirely voluntary. But even DRE testimony is open to challenge. The training is minimal compared to medical standards, and the results are based on opinion, not science.

We cross-examine DREs aggressively. Their conclusions can be questioned, and their methods can be exposed when they don’t follow protocol or rely on assumptions.

### Blood Testing For THC

If you’re arrested for suspicion of driving high, you may be asked to take a blood test. While this can show the presence of THC, it does not measure current impairment. THC can stay in your system for days—or even weeks—after use.

Under Texas Transportation Code § 724.011, drivers are deemed to have given implied consent to testing. However, police still need a warrant if you refuse, unless there are special circumstances. We often challenge blood test results in DWI drug cases, especially when the testing procedures are flawed or the timeline doesn’t match the alleged impairment.

## Building A Strong Defense Against DWI Drug Charges

When you hire us, we don’t just look at one part of your case—we examine every detail. Here are some of the things we focus on:

- Reason for the traffic stop – Did the officer have legal grounds to pull you over?
- Probable cause for arrest – Were there real indicators of impairment or just assumptions?
- Testing procedures – Was the blood test handled properly? Were the labs certified?
- Witness statements – Was there anyone else who saw what happened?
- Video evidence – Does the officer’s bodycam match their written report?

Every piece matters. If the state’s evidence is weak, we can push for reduced charges or even a full dismissal.

### How We Help Clients In Galveston And Houston

At Mark Diaz & Associates, we know what’s at stake when you’re charged with DWI involving drugs. We’ve defended clients throughout Galveston and Houston who were accused of driving high. We build strong, personalized defenses and fight aggressively to protect your rights, your license, and your freedom.

## FAQs About Driving High And DWI Charges In Texas

### Can I Be Charged With DWI In Texas For Marijuana Even If It’s Legal Somewhere Else?

Yes. Marijuana is still illegal in Texas, regardless of whether it’s legal in another state. If law enforcement believes you’re impaired by marijuana while driving, you can be charged with DWI under Texas Penal Code § 49.04. It doesn’t matter where the marijuana came from.

### Is It Illegal To Drive With THC In My System Even If I’m Not High?

It depends on whether the officer believes you were impaired. Texas law focuses on impairment, not just the presence of a substance. However, prosecutors may try to use THC in your system as proof that you were intoxicated. That’s why it’s important to challenge how and when the test was done.

### What Should I Do If I’m Pulled Over And The Officer Thinks I’m High?

Be polite, but don’t admit to using marijuana. Don’t volunteer information. You have the right to remain silent. If asked to perform field sobriety tests, you can politely refuse, but you should know that refusal may lead to arrest. Call an attorney as soon as possible.

### Can I Refuse A Blood Test If I’m Arrested For DWI?

You can refuse, but under Texas’s implied consent law (Texas Transportation Code § 724.011), your driver’s license may be suspended. Police may also obtain a warrant to force a blood draw. Whether the search was lawful can be challenged in court.

### How Long Does THC Stay In My System?

THC can stay in your system for several days or even weeks, depending on how often you use it ,but there is a key difference between active THC versus residual (metabolite) which is present from previous use. That’s one of the key issues in DWI cases involving marijuana—your system may show THC even if you weren’t high while driving.

### Will I Lose My Driver’s License If I’m Convicted Of Driving High?

Yes. A first-time DWI conviction typically results in a license suspension. You may be eligible for an occupational license to drive to work or school, but conditions apply. It’s best to act quickly so we can request a hearing and try to save your license.

### Can A Passenger’s Marijuana Cause Me To Get Arrested?

If marijuana is found in your car—even if it belongs to a passenger—you could still be charged, especially if the officer believes you were using it too. Your defense will depend on the circumstances, but it’s possible to be charged based on proximity alone.

### What If I Have A Prescription For Medical Marijuana From Another State?

Texas does not recognize out-of-state medical marijuana prescriptions. Driving under the influence of any drug—even one legally prescribed in another state—can still result in a DWI charge in Texas if it affects your ability to drive.

### How Can A Lawyer Help Me Fight These Charges?

We examine every part of the arrest: the stop, the search, the testing, and the officer’s conduct. If your rights were violated or the evidence is weak, we may be able to suppress key parts of the case or have the charges dismissed. Your defense starts the moment you call us.

## Call Mark Diaz & Associates If You’ve Been Charged With Driving High In Galveston Or Houston

Drug-based DWI charges in Texas are serious, but they can be fought. At Mark Diaz & Associates, we have the experience and legal knowledge to defend you from the ground up. Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Mark Diaz & Associates represents clients throughout Galveston, Houston, and the surrounding counties. Let our law firm fight for your future. Call us 24/7 for a free case review and consultation with one of our legal professionals.

**Categories:** DWI Defense Lawyer

---

### [Can I Get A DWI For Sleeping It Off In My Vehicle In Texas?](https://texascriminaljustice.com/can-i-get-a-dwi-for-sleeping-it-off-in-my-vehicle-in-texas/)

**Published:** May 5, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/05/Diaz-2-Can-I-Get-A-DWI-For-Sleeping-It-Off-in-My-Vehicle-in-Texas_May-2025.jpg "DWI")We’ve spoken with many people who made what they believed was the responsible choice—deciding not to drive after drinking and instead sleeping it off in their vehicle. It sounds like a safe decision, and in many ways it is. But what many don’t realize is that even if you’re parked, asleep, and not actively driving, you can still be arrested and charged with [Driving While Intoxicated (DWI)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.) under Texas law. That may seem unfair, but the legal standard for a DWI in Texas doesn’t require actual driving.

The law in Texas does not require driving, despite what the name would indicate. Rather, the law states that an individual may not “operate” a vehicle while intoxicated. If you are intoxicated and found in your vehicle with the ability to use the vehicle as intended, the law may consider that you are “operating” the vehicle. That’s enough to be charged with a DWI. As DWI defense attorneys serving Galveston and Houston, we understand how serious these charges are and how important it is to know your rights.

## Understanding The Law: What Constitutes A DWI In Texas?

Under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.), a person commits the offense of Driving While Intoxicated if they are “intoxicated while operating a motor vehicle in a public place.” The word “operating” is critical here. Texas law doesn’t clearly define what “operating” a vehicle means. That gives law enforcement and courts wide discretion.

You don’t have to be driving down the road to be arrested for DWI. If you’re in the driver’s seat, keys in the ignition, and are capable of starting the engine or moving the vehicle, a police officer can argue that you had the potential to operate the vehicle while intoxicated.

### What Police Look For In Sleeping DWI Arrests

When a police officer approaches a vehicle and sees someone asleep inside, they will assess several factors to determine whether to make an arrest:

- Is the person in the driver’s seat?
- Is the engine running or still warm?
- Are the keys in the ignition or nearby?
- Is the vehicle parked on a public road or private property?
- Is the person showing signs of intoxication (slurred speech, smell of alcohol, etc.)?

If the law enforcement officer believes that you recently operated the motor vehicle or were in a position to operate it while intoxicated, they may proceed with a DWI arrest—even if you were asleep when they arrived.

### Location Matters: Public Vs. Private Property

Texas DWI law only applies if you’re in a “public place,” defined under Texas Penal Code § 1.07(a)(40) as any place accessible to the public. This includes streets, highways, parking lots, and even apartment complexes. So, even if you’re parked in a private lot that the public can access, it may still qualify.

Being parked in your own driveway may reduce the likelihood of a DWI arrest, but it’s not a guarantee. We’ve seen cases where officers made arrests on private property if they believed the vehicle had recently been driven.

### What Is “Operating” In Texas?

Texas courts have interpreted “operating” to include actual physical control over the vehicle. If you’re in a position where you could easily drive away—such as sitting in the driver’s seat with the keys in your lap—prosecutors may argue that you were “operating” the vehicle, even if you hadn’t moved it.

Unfortunately, the law does not require the officer to witness you driving. That means even without movement, a DWI charge is possible if the circumstances suggest intent or ability to operate the vehicle. However, the State must be able to prove that you were intoxicated at the time of driving.

### What Prosecutors Use To Build A Case

Prosecutors may rely on several key pieces of evidence in these types of cases:

- Officer body cam or dash cam footage
- Field sobriety test results
- Blood or breath alcohol concentration (BAC) results
- Your statements to the officer (especially if you admit to drinking or driving earlier)
- The position of your body, keys, and other objects inside the vehicle

All of this can be used to argue that you were in control of the vehicle while intoxicated.

### How We Defend Against Sleeping DWI Charges

If you’ve been charged with a DWI while sleeping in your car, you may have a strong defense. We examine every detail of your arrest to determine the following:

- Were you actually operating the vehicle?
- Was the vehicle running or completely off?
- Were you parked on public or private property?
- Did the officer have probable cause to make an arrest?
- Were your rights violated during the stop or arrest?

The attorneys at Mark Diaz & Associates will often challenge whether the officer truly had enough evidence to prove that you were operating the vehicle. Many of these cases rely on circumstantial evidence, which can be difficult to prove beyond a reasonable doubt.

## FAQs About Sleeping In A Vehicle And DWI Charges In Texas

### Can I Really Get A DWI If I Wasn’t Driving?

Yes. In Texas, you can be charged if the police believe you were in actual physical control of a vehicle while intoxicated—even if you weren’t moving. Sitting in the driver’s seat with the keys nearby may be enough for an officer to make an arrest.

### Does It Matter If I Was In The Passenger Seat?

Yes. Being in the passenger seat or back seat helps show you weren’t in control of the vehicle. It may still raise questions, especially if the vehicle is registered to you, but it strengthens your argument that you weren’t operating the car.

### What If The Engine Was Off And The Keys Were In The Glovebox?

That can help your case. If the motor vehicle was turned off and the keys were not readily accessible, we can argue that you were not in a position to operate the vehicle. The less control you had, the harder it is for prosecutors to prove the operating element.

### Can I Sleep In My Car In A Parking Lot After Drinking?

It depends on the circumstances. If the lot is open to the public, it’s considered a public place under Texas law. That means you could still be arrested if police believe you operated the vehicle while you were intoxicated. Parking in a private, gated area may reduce your risk.

### Will I Lose My License If I’m Convicted Of A Sleeping DWI?

Yes. A DWI conviction can lead to a license suspension under Texas Transportation Code § 521.344. First-time offenders can face a suspension of up to one year and additional penalties if they refuse testing or have a high BAC.

### Can My DWI Be Dismissed If I Was Sleeping It Off?

Yes, it’s possible. If we can show that you were not operating the vehicle or that the evidence doesn’t support the charge, our Texas DWI defense lawyers may be able to have the case dismissed or reduced. Each case is different, so we evaluate every factor to build a defense.

### Does Texas Require Police To See Me Driving To Make A DWI Arrest?

No. Law enforcement officers can make an arrest based on circumstantial evidence. If they see signs that you were intoxicated and recently drove or that you were capable of driving while intoxicated, they may claim that’s enough. However, those cases are often harder to prove.

### What Should I Say If I’m Found Sleeping In My Car After Drinking?

You have the right to remain silent. Be respectful, but don’t admit to drinking or say anything that could be used against you. Politely declined to answer questions and asked for a lawyer.

### Can I Refuse A Breath Test If I’m Not Driving?

Refusing a breath or blood test can still carry consequences under Texas Implied Consent laws. Even if you weren’t driving at the time, refusal can lead to an automatic license suspension. We recommend contacting a lawyer immediately to understand your rights.

### Is A Sleeping DWI A Misdemeanor Or Felony?

A first-time DWI is typically a Class B misdemeanor in Texas, punishable by up to 180 days in jail and fines. If you have prior convictions or there were other aggravating factors (like a child in the vehicle), it may be upgraded to a felony.

## Call Mark Diaz & Associates Today If You’ve Been Arrested For A Sleeping DWI

A DWI charge doesn’t always mean you were behind the wheel while driving. If you were arrested while sleeping off alcohol in your car, your rights still matter. At Mark Diaz & Associates, our attorneys know how to challenge these cases and work to keep a one-time mistake from turning into a criminal record.

Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston and across the greater Houston Area. Let’s protect your future together. Mark Diaz & Associates is ready to fight for your future!

**Categories:** DWI Defense Lawyer

---

### [How Long After A Conviction Can It Be Expunged In Texas?](https://texascriminaljustice.com/how-long-after-a-conviction-can-it-be-expunged-in-texas/)

**Published:** May 12, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![the past](https://texascriminaljustice.com/wp-content/uploads/2025/05/Diaz-3-How-Long-After-a-Conviction-Can-It-Be-Expunged_May-2025.jpg "the past")When someone has a DWI on their record, one of the most common questions we hear is, “How long do I have to wait before I can get this expunged?” It’s an understandable concern. A DWI conviction can impact your job, your ability to get housing, your insurance rates, and even your reputation. For many people, cleaning up their record is the first step toward getting their life back on track. But under [Texas law](https://guides.sll.texas.gov/expunctions-and-non-disclosure), expungement isn’t available in every case, and the rules are strict.

At Mark Diaz & Associates, we represent clients across Galveston and Houston who are looking for real answers about their DWI record. Whether you’re dealing with a past conviction or looking into options for a family member, knowing what Texas law allows—and what it doesn’t—is critical. We’re going to walk you through what can and can’t be expunged, how long you have to wait, and how the process works.

## What Is Expunction In Texas?

Expunction is the legal process of erasing a criminal record. When a record is expunged, it’s as if the arrest or charge never happened. The court orders that all related records be destroyed, and you are legally allowed to say you were never arrested or charged.

Texas law defines expunction under [Texas Code of Criminal Procedure § 55.01](https://statutes.capitol.texas.gov/docs/CR/htm/cr.55.htm). But this relief is only available under specific conditions. If you were convicted of a DWI, the rules are even more limited.

## Can A DWI Conviction Be Expunged In Texas?

In most cases, a conviction for DWI cannot be expunged in Texas. That includes misdemeanor and felony DWI convictions under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm#:~:text=Sec.-,49.04.,of%20confinement%20of%2072%20hours.). Once you’ve been found guilty or pleaded guilty, that record usually stays with you for life.

There are, however, exceptions:

- If your DWI charge was dismissed, and you were never convicted, you may qualify for an expunction.
- If you were found not guilty, you are eligible to have the arrest and charge expunged.
- If you completed a pretrial diversion program, depending on the county, you may qualify for an expunction after successful completion.
- If your case was overturned on appeal, you may be able to apply to have the record expunged.

## What About Nondisclosure (Record Sealing)?

Even if you can’t get your DWI expunged, you may be able to seal the record through an Order of Nondisclosure under Texas Government Code § 411.0726. This doesn’t erase the record, but it hides it from public view—employers, landlords, and others won’t be able to access it.

To qualify for a nondisclosure of a DWI arrest:

- You must have been placed on a deferred adjudication (probation) for a DWI or BWI (boating while intoxicated)
- You must have the interlock installed on your vehicle during your probation
- You must wait two years from the discharge and dismissal of your deferred adjudication (probation)
- You must have never been convicted or placed on deferred adjudication (probation) for another offense, other than a traffic offense punishable by fine only
- You must have completed all sentencing requirements (including payment of fines, court costs, restitution by the court, etc.) and required conditions as set out in the Texas Government Code § 411.074
- You received a discharge and dismissal from the court, placing you on deferred adjudication (probation)
- There must have been no accident involving another person, and your blood alcohol concentration level must have been below 0.15

If you meet these conditions, you can petition for a nondisclosure two years after the court discharged and dismissed your probation.

## How Long Must You Wait To Expunge A Dismissed DWI?

If your DWI was dismissed, the waiting period depends on how the case ended:

- If you were acquitted (found not guilty), you can request an expunction right away.
- If your misdemeanor DWI was dismissed at the request of the state, then you have to wait out the statute of limitations, so two years from the date of the incident.
- If the case was dismissed without filing, the waiting period is generally 180 days after arrest for a Class C misdemeanor, one year for Class A or B misdemeanors, and three years for felonies.

## Why an Expunction Matters

A criminal record can follow you for years. It can hurt job applications, housing opportunities, education, and even your ability to get a professional license. Employers today run background checks, and a past DWI—even a dismissed one—can raise red flags. That’s why it’s important to know your rights and take the steps necessary to clear your record if you’re eligible.

## FAQs About DWI Expunctions In Texas

### Can A First-Time DWI Be Expunged In Texas?

A first-time DWI conviction cannot be expunged in Texas. If the case was dismissed or you were acquitted, you may be eligible. If convicted, you likely have very few options to erase or even seal your record of that conviction.

### How Long Does It Take To Get A DWI Expunged If The Case Was Dismissed?

If the case was dismissed, you may be eligible for an expunction after the statute of limitations has passed—two years for misdemeanor DWI offenses. In some cases, you can file sooner if the prosecutor agrees. The expunction process itself takes a few to several months once it begins.

### What Is The Difference Between an Expunction And Nondisclosure?

An expunction erases the record completely. It’s like the arrest or charge never happened. Nondisclosure seals the record from public access, but law enforcement and certain state agencies can still view it. If your DWI was dismissed, an expunction is possible. If you pleaded and were placed on deferred adjudication probation, then you may be eligible for a nondisclosure.

### Does The Type Of DWI Matter For a Nondisclosure?

Yes. If your DWI involved a high BAC, an accident, or injuries, you are unlikely to qualify for a nondisclosure, even if it was your first offense. The more serious the facts, the less likely it is that the court will allow you to seal or expunge the record.

### How Do I Start The Expunction Process In Texas?

Hire a lawyer. Filing a petition for expunction is highly technical and requires strict adherence to the statutory rules that govern expunction procedures. While it is possible to file an expunction on your own and without a lawyer, it is highly discouraged and very difficult to do without legal counsel who knows exactly how to handle these.

### Will An Expunged DWI Show Up On Background Checks?

No. Once your DWI is expunged, it should not appear on public or private background checks. You are legally allowed to deny that the arrest or charge ever occurred. That’s why getting an expunction is such a powerful tool for clearing your name.

### What Happens If I Try To Expunge A Record I’m Not Eligible To Clear?

The court will deny your petition, and you will waste time and money. That’s why we always advise speaking with an experienced local attorney first about what you are and are not eligible to receive when it comes to an expunction. We’ll review your full record and help you avoid filing for something you’re not legally entitled to receive.

### Can Employers Still See A Sealed DWI?

Most private employers cannot see sealed records. However, government agencies, licensing boards, and law enforcement can still access sealed DWI records. If you are applying for a job that requires a license or involves public trust, a sealed DWI may still come up.

## Call Mark Diaz & Associates Today To Clear Your DWI Record

If you’re ready to move forward and want to explore your options for possibly expunging your DWI past arrest record or record sealing, we’re here to help. At Mark Diaz & Associates, we’ve worked with clients throughout Galveston and Houston to protect their futures. Let us help you take the next step.

Contact our dedicated team of [Galveston County expunction attorneys](/expungements/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Expunction Attorney

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### [Can I Be Arrested For Felon In Possession Of A Gun If The Gun Belongs To A Passenger In My Car?](https://texascriminaljustice.com/can-i-be-arrested-for-felon-in-possession-of-a-gun-if-the-gun-belongs-to-a-passenger-in-my-car/)

**Published:** May 19, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![hooded gang member](https://texascriminaljustice.com/wp-content/uploads/2025/05/Diaz-4-Can-I-be-Arrested-for-Felon-In-Possession-of-a-Gun-If-the-Gun-Belongs-to-a-Passenger-in-My-Car_May-2025.jpg "hooded gang member")As DWI defense attorneys in Galveston, we’ve had many conversations with clients who were shocked to learn they could face serious charges just because a weapon was found inside a car they were driving—even if it didn’t belong to them. One of the most common questions we hear is, “Can I be arrested for being a felon in possession of a gun if the gun wasn’t mine?” The answer under Texas law is: yes, it’s possible, and you need to take the situation very seriously.

If you’re a convicted felon and you’re found in a vehicle where a firearm is present, Texas law may hold you responsible, even if the gun belongs to a passenger. The charge of Unlawful Possession of a Firearm by a Felon can carry significant prison time and permanent consequences. And when the arrest happens during a DWI stop, things become even more complicated.

We’re going to explain how these cases work under [Texas law](https://guides.sll.texas.gov/gun-laws/carry-of-firearms), what the state has to prove, and what you need to know if you’re facing charges tied to gun possession—even when the weapon wasn’t yours.

## Understanding Texas Law On Felons And Firearms

Under [Texas Penal Code § 46.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm), a person who has been convicted of a felony is prohibited from possessing a firearm. Even one bullet can trigger a charge. This restriction generally lasts five years from the date the person is released from confinement, parole, or probation—whichever is later. After that, the law still limits possession to inside the person’s home.

If you’re a convicted felon and police find a firearm in a car you’re driving, they don’t need to prove the gun belongs to you. All they need is enough evidence to show that you were “in possession” of it. That’s where things get tricky, especially during a traffic stop or a DWI arrest.

## Constructive Possession: How You Can Be Charged Without Owning The Gun

In Texas, “possession” doesn’t just mean something is in your pocket or in your hand. The law recognizes a concept called constructive possession, which means having access to or control over an item, even if it’s not physically on you.

Let’s say your passenger puts a gun in the glove box. If you’re the driver, and especially if you’re a felon, the state may argue you had knowledge of the gun and control over the car; therefore, constructive possession. Prosecutors often rely on this theory to bring charges in cases where the firearm is in a shared space, like a console or under a seat.

It’s important to know that constructive possession is not automatic. The state must prove beyond a reasonable doubt that:

- You knew the gun was there
- You had access to or control over it

But even if you didn’t know the gun was in the vehicle, that won’t stop you from being arrested on the spot if officers suspect otherwise.

## What Happens If You’re Stopped For DWI And A Gun Is Found

Many of the cases we handle involve traffic stops that lead to DWI investigations. Once officers smell alcohol, see bloodshot eyes, or suspect impairment, things can escalate quickly. If you’re arrested for DWI and your car is searched—either incident to the arrest or based on probable cause—any firearm found can lead to new charges.

So now you’re not just facing a misdemeanor or felony DWI. You’re also looking at a third-degree felony for unlawful possession of a firearm, which can mean:

- 2 to 10 years in prison
- Up to $10,000 in fines
- A permanent criminal record

This can happen even if your passenger claims the gun is theirs. Police often won’t take that at face value at the scene. They’ll leave it to prosecutors and the court to sort out later.

## Defending Against Felon In Possession Charges In Texas

We’ve defended many clients in Galveston and Houston accused of being felons in possession of firearms. If you’re in this position, it doesn’t mean you’re guilty. The prosecution has the burden to prove possession. That means we’ll review every detail of your case, including:

- Where the gun was found
- Who had access to it
- Whether your fingerprints or DNA were on it
- Whether anyone else admitted to ownership
- Whether the stop or search was lawful

If the police lacked probable cause to stop you or search your car, we can file a motion to suppress. If the gun was clearly tied to another person, we will work to try and get the charges dismissed or reduced, if possible.

## What If I Didn’t Know The Gun Was There?

That’s one of the most important defenses in a constructive possession case. If you had no knowledge of the firearm, the state may not be able to prove its case. But it’s not always easy to convince a jury or judge. That’s why early legal representation is key.

## FAQs About Felon In Possession Charges In Texas

### Can I Be Arrested If My Passenger Has A Gun In My Car?

Yes. If you’re a convicted felon, and police find a gun in your vehicle—even if your passenger claims ownership—you can still be arrested. The state may argue that you had constructive possession of the weapon because you had control over the vehicle.

### What Is Constructive Possession And How Does It Apply To Gun Cases?

Constructive possession means you had access to or control over an item, even if it wasn’t physically on you or you are not the owner of the item. In firearm cases, prosecutors can charge you if the gun was in a place you could reach or control, like the glove box, center console, or under a seat in your car.

### Is It A Felony For A Felon To Be Near A Gun In Texas?

Being near a gun isn’t a crime by itself. But if the police or prosecutors can prove you had possession—either directly or constructively—you can be charged with Unlawful Possession of a Firearm by a Felon under Texas Penal Code § 46.04, which is a third-degree felony.

### What Happens If I’m Arrested During A DWI Stop And A Gun Is Found?

You may face both DWI and felon in possession charges. A DWI arrest gives officers the right to search your car incident to arrest or under other legal grounds. If a gun is found, and you’re a felon, it can lead to additional charges with much higher penalties.

### What If My Passenger Admits The Gun Is Theirs?

Police may still arrest you, especially if you’re the driver and a felon. Even if the passenger confesses, the state can still try to prove you had knowledge and control of the firearm. Their confession helps, but it doesn’t automatically protect you from charges.

### Can A DWI Lawyer Help With A Gun Charge?

Yes. Many DWI defense attorneys, including our team at Mark Diaz & Associates, regularly handle cases involving both DWI and felony firearm charges. We can assess whether the stop and search were legal, and challenge whether the state can prove possession beyond a reasonable doubt.

### Is There Any Way To Avoid Jail Time For A Felon In Possession Charge?

Every case is different. If we can weaken the state’s case by showing a lack of knowledge, improper search, or someone else claiming the weapon, we may be able to get the charges reduced or dismissed. In some cases, probation may be possible, but this depends on your criminal history and the facts of the case.

### Does It Matter If I Was Recently Released From Prison Or Probation?

Yes. If it’s been fewer than five years since your sentence ended (including probation or parole), you cannot possess a firearm in any location under Texas law. After five years, you’re still restricted to having a firearm only inside your home. Violating these rules can lead to serious penalties.

### How Can I Prove I Didn’t Know The Gun Was In The Car?

We look at the total circumstances. Where the gun was found, whether it was visible, who had access, and whether there were any statements made at the scene. Sometimes witnesses or evidence can show the gun wasn’t yours or that you had no idea it was there. All that being said, it is the state that is required to prove that you knew the gun was there, since it is the state’s burden of proof.

### What Should I Do If I’m Charged With Felon In Possession?

Call an attorney immediately. Do not talk to police or prosecutors without legal counsel. Time matters, and the sooner we can begin working on your defense, the better your chances of protecting your rights and avoiding a conviction.

## Call Mark Diaz & Associates Now If You’re Facing Gun Charges In Texas

Don’t take chances with your future. If you’ve been charged with felon in possession of a firearm, especially in connection with a traffic stop or DWI, get the legal help you need now. At Mark Diaz & Associates, we fight to protect your rights and keep your record clean.

Contact our [Texas gun crime defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Gun Crime Defense Attorney

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### [Can You Get A DWI In Texas If Your BAC Is Below 0.08%?](https://texascriminaljustice.com/can-you-get-a-dwi-in-texas-if-your-bac-is-below-0-08/)

**Published:** June 10, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/06/Diaz-2-Can-You-Get-a-DWI-in-Texas-If-Your-BAC-Is-Below-008__June-2025.png "DWI")When law enforcement pulls you over on suspicion of impaired driving, many people assume that they are safe if their blood alcohol concentration (BAC) is below the legal limit of 0.08%. However, under Texas law, you can still face DWI charges even when your BAC registers below 0.08%. In our experience defending clients in Galveston and the greater Houston area, we’ve seen how officers rely on field observations, standardized sobriety tests, and statutory definitions of intoxication to pursue DWI cases. It is vital to understand the legal standards that apply, the types of evidence officers use, and the potential defenses when your BAC is under the threshold. Armed with that knowledge, you can better protect your rights and build an effective defense if you find yourself facing charges.

## The Legal Standard For DWI In Texas

Under [Texas Penal Code § 49.04(a)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), a person commits the offense of driving while intoxicated if they are “intoxicated while operating a motor vehicle in a public place.” The statute sets out two distinct bases for intoxication:

- **BAC Per Se** – Having a BAC of 0.08% or more within two hours of operating a vehicle.
- **Impairment Standard** – “Not having the normal use of mental or physical faculties” due to alcohol or drugs, regardless of BAC level.

Texas recognizes that alcohol or drugs or both can impair driving performance before a person reaches the 0.08% threshold. That means officers may arrest a driver who appears impaired, even if a breath or blood test shows a BAC of .07%, .06%, or lower.

### Defining Intoxication Beyond BAC

The definition of “intoxication” in Texas extends beyond a numerical test. [Texas Penal Code § ](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm)

[49.01(2)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm) states that a person is intoxicated “if the person does not have the normal use of mental or physical faculties” because of the introduction of… alcohol or any other substance into the body. This impairment standard allows law enforcement to rely on:

- **Field Sobriety Tests** – Standardized tests such as the Horizontal Gaze Nystagmus (HGN), walk-and-turn, and one-leg stand.
- **Officer Observations** – Slurred speech, bloodshot eyes, the smell of alcohol, unsteady gait, or poor coordination.
- **Driver Admissions** – Statements about drinking or drug use.

An arresting officer’s training and experience play a critical role in interpreting these signs of impairment. Even if the chemical test shows a BAC below 0.08%, the prosecution may argue that the totality of evidence proves intoxication under the impairment standard.

### Administrative License Suspension And Chemical Tests

When you provide a breath or blood specimen, the Texas Transportation Code provides for an administrative license revocation (ALR) process. Under [Tex. Transp. Code § 524](https://statutes.capitol.texas.gov/docs/TN/htm/TN.524.htm), if your BAC is .08% or greater, your license is automatically suspended unless you request a hearing within 15 days. However, if your BAC is below .08%, you may avoid that automatic suspension. A refusal to provide a test under [Tex. Transp. Code § 724.035](https://codes.findlaw.com/tx/transportation-code/transp-sect-724-035/#:~:text=Suspension%20or%20Denial%20of%20License&text=(2)%20if%20the%20person%20is,the%20person%20for%20180%20days.) can also trigger an ALR suspension.

Even so, an administrative hearing focuses on whether the officer had reasonable suspicion to stop you and probable cause to arrest you, not solely on the test result. And while a sub-0.08% reading may help at the administrative level, it does not bar a criminal prosecution for impairment-based DWI.

### Criminal Penalties For Impairment DWI

Under Texas Penal Code § 49.04(c), the offense is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine for a first offense. Subsequent offenses increase in severity. If the State proves impairment by chemical test or field evidence, the court may impose:

- **Jail Time or Probation** – Depending on criminal history and case facts.
- **Fines and Court Costs** – Up to statutory limits.
- **License Suspension** – Even for impairment-only cases, courts can suspend driving privileges.
- **DWI Education Programs** – Mandatory classes, community service, or alcohol counseling.

Although a BAC below 0.08% can mitigate administrative and criminal penalties, the law focuses on whether you were “intoxicated” in either the per se or impairment sense.

### Building A Defense When BAC Is Below 0.08%

Challenging an impairment-based DWI requires attacking the reliability of the officer’s observations and field tests. We examine:

- **Proper Test Administration** – Did the officer follow NHTSA protocols for HGN, walk-and-turn, and one-leg stand?
- **Environmental Factors** – Uneven pavement, lighting, or wind can affect test performance.
- **Medical Conditions** – Inner-ear disorders, injuries, or medications can mimic impairment.
- **Video Evidence** – Bodycam or dashcam footage may undercut the officer’s testimony.

We also challenge any chain-of-custody errors and calibration issues with chemical testing equipment when applicable.

### Why Early Intervention Matters

Time is critical. Delayed action can hurt the preservation of evidence, witness memory, and your administrative rights. We recommend contacting legal counsel immediately after arrest to:

- **Request Your ALR Hearing** – Within 15 days to contest license suspension.
- **Gather Evidence** – Secure medical records, footage, and witness information.
- **Plan Your Defense** – Assess chemical results, test protocols, and officer training.

Every case is unique. While a BAC below .08% may help at the administrative level, building a strong criminal defense depends on addressing all facets of the arrest, testing, and officer conduct.

## BAC Is Below 0.08% Frequently Asked Questions

### What Factors Can Lead To A DWI Arrest When My BAC Is Below 0.08%?

Even if your BAC registers below .08%, law enforcement can still arrest you based on observed impairment. We see officers use standardized field sobriety tests, such as the Horizontal Gaze Nystagmus, Walk-And-Turn, and One-Leg Stand, to assess your coordination and balance.

Factors like slurred speech, red or glassy eyes, the odor of alcohol, and poor reaction to instructions may all contribute to their determination of “not having the normal use of mental or physical faculties,” as defined in Texas Penal Code § 49.01(2). Environmental conditions, medical issues, or fatigue can also affect test performance, so we challenge whether the officer’s observations truly indicate intoxication.

### Can Prescription Medications Or Medical Conditions Mimic Alcohol Impairment?

Yes. Under Texas law, impairment covers any substance that affects your mental or physical faculties, not just alcohol. Many prescription drugs, such as certain pain relievers, anti-anxiety medications, and even some cold remedies, can slow reaction time or cause dizziness.

Additionally, medical conditions like inner-ear disorders, neurological issues, or low blood sugar may cause similar symptoms. We gather medical records, consult with treating physicians, and retain qualified medical experts to demonstrate that your drug or health condition, rather than alcohol, led to the officer’s observations.

### How Do We Challenge Field Sobriety Test Results?

Field sobriety tests must follow strict procedures outlined by the National Highway Traffic Safety Administration (NHTSA). We analyze whether the arresting officer received proper training, applied the correct instructions, and conducted the tests on level, safe surfaces with adequate lighting. Any deviation, such as improper instructions the officer gave you, medical impairments, or poor road conditions, can render the test invalid. We also compare video footage to the officer’s report and look for inconsistencies between the stated protocol and the actual administration of the tests.

### What Role Does Video Evidence Play In An Under-0.08% Case?

Video recordings from patrol car dashcams and body-worn cameras can be invaluable. They offer an objective view of the traffic stop, your initial interaction, the field tests, and your overall demeanor. When bodycam footage contradicts the officer’s written narrative—showing stable balance, clear speech, or compliant behavior—we use that footage to undermine the prosecution’s claim of impairment. If no video exists, we question the reliability of the officer’s memory and request all available recordings under Texas Code of Criminal Procedure Art. 39.14.

### Can We Suppress Chemical Test Results If My BAC Is Below The Legal Limit?

Yes. We examine whether the breathalyzer or blood test met all regulatory standards under Texas Transportation Code § 724.011. That includes checking the calibration logs, maintenance records, and operator certifications for breath-testing instruments. For blood tests, we scrutinize chain-of-custody procedures at the collection site, the qualifications of the phlebotomist, and the handling of the specimen. Any break in protocol, like expired testing solutions, untrained technicians, or contaminated vials, can lead to suppression of the chemical result entirely.

### How Does Implied Consent Affect My Case When My BAC Is Under .08%?

Under Texas Transportation Code § 724.011, you are deemed to have given consent to chemical testing when you operate a vehicle. However, a low BAC reading does not automatically justify an arrest, nor does it conclusively prove impairment. We work to separate the administrative implied consent process, which triggers license suspension issues, from the criminal DWI prosecution. If you refused the test, you face an administrative suspension, but we still challenge the criminal charge on impairment grounds.

### What Are The Potential Penalties For A Sub-0.08% DWI Conviction?

A first-time impairment-based DWI is a Class B misdemeanor under Texas Penal Code § 49.04(c), punishable by up to 180 days in jail, a maximum $2,000 fine, and a license suspension of up to 180 days. Subsequent offenses or enhancements, such as having a child passenger, can lead to higher fines, longer suspensions, and mandatory ignition interlock installations. Even a single conviction can impact your driving record, insurance premiums, employment prospects, and future travel.

### Can An Administrative License Revocation Hearing Help My Case?

Absolutely. You have only 15 days from the date of arrest to request an ALR hearing under Texas Transportation Code § 724.035. At this hearing, we challenge whether the officer had legal grounds to stop, arrest, and test you. A successful challenge may prevent or shorten your license suspension. Although the ALR hearing is separate from the criminal case, evidence and witness testimony at the hearing can also support your defense strategy in court.

### How Do We Approach Plea Negotiations When The BAC Is Below .08%?

When your BAC is under .08%, prosecutors may still offer plea deals to Class C misdemeanors, like reckless driving, to avoid trial. We evaluate whether a plea is in your best interest by comparing the consequences, such as probation, fees, and record impact, to the uncertainty of a jury trial. In many cases, a negotiated plea can protect your driving privileges and minimize jail exposure. However, we always strive first for dismissal or acquittal if we believe the evidence of impairment is weak.

### What Should I Do Immediately After A DWI Arrest With A Low BAC?

Contact legal counsel as soon as possible—ideally before your ALR deadline expires. Preserve all evidence by requesting any video, medical records, and test reports. Note witness names and statements, and provide your attorney with any relevant information about medication, health conditions, or external factors that could explain the officer’s observations. We then build a comprehensive defense that addresses every aspect of your arrest and testing.

## Are You Facing DWI Charges With A BAC Below .08%?

If you’re facing DWI charges with a BAC below 0.08%, you need aggressive representation that understands every angle of Texas DWI law. At Mark Diaz & Associates, we defend clients in Galveston, Houston, and throughout southeast Texas, fighting to protect your rights and future.

Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Let us put our experience to work for you.

**Categories:** DWI Defense Lawyer

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### [What To Do If You’re Arrested For DWI With A Child Passenger In Texas](https://texascriminaljustice.com/what-to-do-if-youre-arrested-for-dwi-with-a-child-passenger-in-texas/)

**Published:** June 3, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/06/Diaz-1-What-to-Do-if-Youre-Arrested-for-DWI-With-a-Child-Passenger-in-Texas_June-2025.jpg "DWI")When law enforcement pulls you over on suspicion of driving while intoxicated with a child passenger, every detail counts. We understand how terrifying it can feel to see flashing lights in your mirror, especially knowing a minor is with you. In Texas, [Penal Code § 49.045](https://codes.findlaw.com/tx/penal-code/penal-sect-49-045/) makes it a state jail felony to operate a motor vehicle while intoxicated and have a passenger younger than 15 years old. That charge carries 180 days to two years in the state jail division of the Texas Department of Criminal Justice, fines up to $10,000, driver’s license suspension, mandatory ignition interlock, and possible Child Protective Services involvement. Knowing your rights and following clear steps immediately after arrest can protect your freedom and your relationship with your child.

From the moment you are stopped, the clock is ticking on deadlines that affect both criminal charges and administrative proceedings. You face not only a criminal case but also an [Administrative License Revocation](https://www.dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program) (ALR) hearing and potential family services consequences. Evidence—from officer reports to chemical test results—forms the backbone of the state’s case. We guide you through gathering the evidence necessary to challenge that case. Our goal is to secure the best possible resolution: dismissal or reduction of charges, preservation of your driving privileges, and protection of your parental rights.

## Recognizing The Elements Of The Offense

Under [Texas Penal Code § 49.045(a)](https://codes.findlaw.com/tx/penal-code/penal-sect-49-045/), the state must prove you (1) operated a motor vehicle in a public place, (2) while intoxicated, and (3) had a child under 15 in the vehicle at the time. “Intoxicated” is defined in [§ 49.01(2)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm) as having lost the normal use of physical or mental faculties due to alcohol or having a blood-alcohol concentration of 0.08% or greater. Unlike a standard DWI, the presence of a child elevates the classification to a state jail felony, triggering much harsher penalties.

### Requesting Your ALR Hearing

Texas Transportation Code [§ 724.011](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm#724) imposes a statutory license suspension when you refuse or fail a chemical test. You have just 15 days from your arrest to submit a written request for an ALR hearing and pay the required fee. If you miss that deadline, you forfeit your right to challenge the suspension, and the Department of Public Safety automatically suspends your license for 180 days or longer. We act swiftly to file your request, ensuring you retain driving privileges through the hearing process.

### Assessing The Traffic Stop And Arrest

Every DWI defense starts by evaluating whether the officer had reasonable suspicion to stop your vehicle and probable cause to arrest you. Reasonable suspicion must be based on specific, articulable facts—such as swerving, speeding, or traffic violations—not just the odor of alcohol. If the initial stop lacked justification under the Fourth Amendment, we will file motions to suppress all evidence obtained afterward, including field sobriety tests and chemical results.

### Challenging Field Sobriety Tests

Standardized field sobriety tests (SFSTs) like the horizontal gaze nystagmus, walk-and-turn, and one-leg stand are meant to indicate impairment, but they are highly subjective. Factors like poor lighting, uneven surfaces, or medical conditions can cause false positives. NHTSA itself notes significant error rates with these tests. We analyze video recordings and officer testimony to point out deviations from administration protocols and environmental factors that render the results unreliable.

### Contesting Chemical Test Reliability

The breath and blood testing devices must be maintained, calibrated, and operated by certified individuals. Under Texas Health and Safety Code § 724.018, all information concerning the analysis of the specimen must be provided to defense counsel. We inspect maintenance logs, calibration records, and operator credentials for any gaps. Blood tests require a strict chain of custody; any break can cast doubt on sample integrity. If calibration certificates are expired or technicians are improperly trained, we challenge the admissibility of chemical test results.

### Handling Child Endangerment Allegations

Beyond DWI, Texas Penal Code § 22.041(c) addresses child endangerment by criminal negligence when a person places a child in imminent danger. Proving this charge requires showing that your conduct created a risk of harm. We scrutinize whether the arresting officer’s conduct or the child’s actual exposure met the statute’s requirements. In many cases, aggressive policing tactics, rather than real danger to the child, form the basis for endangerment claims.

### Managing CPS Involvement

When you’re arrested with a child passenger, law enforcement often contacts Child Protective Services. A CPS investigation can threaten custody or visitation rights. We partner with family-law attorneys to respond promptly to CPS inquiries, demonstrating that your home environment is safe. Providing CPS with proof of stable housing, employment, and completion of substance-evaluation programs can prevent formal removal actions.

### Negotiating Plea Options

Prosecutors often offer plea bargains to standard DWI or lesser offenses in exchange for dropping the child-passenger enhancement. Accepting a reduced charge removes the felony designation but still carries penalties—fines, community service, probation, and license restrictions. We evaluate each offer against the strength of the state’s evidence and your personal circumstances, advocating for the least damaging resolution.

### Preparing For Trial

If a favorable plea isn’t available, we prepare your case for trial. We subpoena records, retain expert witnesses on SFST conditions, and engage toxicology consultants. We craft jury instructions pursuant to the Texas Penal Code and Pattern Jury Charges to highlight the prosecution’s burden of proof and emphasize reasonable doubt. Our goal is a full acquittal on all charges, including child endangerment.

### Protecting Your Parental Rights Post-Conviction

A DWI felony can trigger a family-law modification under Texas Family Code § 153.002, allowing the court to reconsider custody and visitation. We work with you to present evidence of rehabilitation: completion of DWI intervention programs, community service, and ongoing sobriety. Demonstrating stable parenting is essential to maintaining your relationship with your child.

## DWI With A Child Passenger Frequently Asked Questions

### What Immediate Steps Should We Take After A DWI Arrest With A Child Passenger?

First, we request the ALR hearing within 15 days to protect driving privileges. Then, we gather scene evidence—photos, witness statements, and video—and consult medical records if needed. We avoid making statements to the police before talking to our attorney. Every action in the first hours can affect the case.

### Can We Refuse Field Sobriety Tests?

Yes, sobriety tests are voluntary. Refusal cannot be used against us in criminal court. However, refusal may lead to administrative license suspension. We weigh the risks and advise when refusal might help weaken the prosecution.

### Does A Breath-Test Refusal Hurt Our Case?

Legally, breath-test refusal triggers automatic suspension but cannot be used as evidence of guilt at trial. We often refuse breath tests when the device maintenance is questionable or procedures weren’t followed, then challenge the suspension at the ALR hearing.

### What Role Do SFST Videos Play In Defense?

Video recordings allow us to demonstrate to the jury how tests were administered, including lighting, officer instructions, or physical limitations that may have influenced performance. Judges and juries often find video more persuasive than officer testimony alone.

### Will CPS Take Our Child After A DWI Arrest?

Not necessarily. CPS prioritizes safety. Prompt legal responses, demonstrations of a supportive home, and no prior CPS history usually prevent removal. We coordinate with family lawyers to present strong home-environment evidence quickly.

### Can A Plea Bargain Remove The Felony Designation?

Sometimes. Prosecutors may offer to reduce the felony to a misdemeanor if we agree to terms such as probation, DWI education, and ignition interlock. We negotiate vigorously to secure the best plea when trial risks are high.

### How Long Does A State Jail Felony Stay On Our Record?

Permanently, unless we qualify for expunction under Article 55.01. Eligibility requires deferred adjudication and no other convictions during probation. If we meet the criteria, we file an expunction to remove the record.

### Will A DWI Affect Child Custody?

Felonies can prompt modification hearings under Family Code § 156.101. We prepare rehabilitation evidence—treatment completion, community programs, and stable living—to protect custody or visitation rights.

### Is An Ignition Interlock Device Mandatory?

Under [Transportation Code § 523.416](https://codes.findlaw.com/tx/transportation-code/transp-sect-545-416/), judges may require interlock devices for felony DWIs. We can request waivers in limited cases, but typically, an interlock is a standard condition of probation.

### How Can We Demonstrate Rehabilitation To The Court?

Completion of DWI education programs, ongoing participation in support groups like AA, consistent employment, and clean drug/alcohol tests all demonstrate commitment to change. We compile certificates and affidavits for court filings.

## Call Mark Diaz & Associates Today For An Aggressive DWI Defense

If you’re facing DWI charges with a child passenger, time is critical. Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We represent clients in Galveston and across the greater Houston Area. Let’s protect your future together. Mark Diaz & Associates is ready to fight for your future!

**Categories:** DWI Defense Law Firm

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### [How A Traffic Stop Can Lead To Federal Drug Trafficking Charges](https://texascriminaljustice.com/how-a-traffic-stop-can-lead-to-federal-drug-trafficking-charges/)

**Published:** June 24, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2025/06/Diaz-3-Federal-Drug-Trafficking-Charges-How-a-Traffic-Stop-Can-Lead-to-Serious-Consequences-in-Texas_June-2025.jpg "drug trafficking")When we represent clients pulled over on suspicion of DWI, we often stress that a routine traffic stop can turn into something far more serious. Under Texas law, a simple driving-while-intoxicated stop can escalate if officers discover illicit substances in your vehicle. What began as a state misdemeanor or felony DWI arrest may end with federal drug trafficking charges carrying decades in prison. It’s vital to understand how federal authorities get involved, what statutes apply, and what defenses you can raise when your rights are at risk.

A traffic stop gives officers lawful authority to investigate driving offenses under the Texas Transportation Code. However, once officers detect evidence of drug activity—through an odor of marijuana, visible drug paraphernalia, or canine alerts—they may expand the scope of the stop. That expansion can include vehicle searches, seizures of evidence, and involvement of federal agencies like the DEA. Federal prosecutors then may apply the Controlled Substances Act (CSA), particularly [21 U.S.C. § 841](https://www.law.cornell.edu/uscode/text/21/841), to charge you with trafficking or possession with intent to distribute.

We will now explain:

- How a DWI stop can lead to reasonable suspicion of drug trafficking
- The interplay between Texas DWI law (Tex. Penal Code § 49.04) and federal drug statutes
- The elements prosecutors must prove under 21 U.S.C. § 841
- Potential legal defenses to federal trafficking charges
- The ramifications of a federal indictment for you and your family

Our goal is to equip you with knowledge of both state and federal law so you can protect your rights from the moment you’re pulled over.

## Traffic Stops Under Texas DWI Law and Their Expansion

### Initial Stop For Suspected DWI

An officer may lawfully stop a vehicle if they have reasonable suspicion that the driver is intoxicated, based on observable facts. Signs of impairment—slurred speech, weaving, or failing field sobriety tests—justify detention and investigation for DWI under Texas Penal Code § 49.04.

### From DWI To Drug Suspicion

Once a traffic stop is lawful, officers may rely on the plain view doctrine to observe any visible evidence of criminal activity. If they detect the odor of marijuana, see drug paraphernalia, or observe drug residue, these factors may contribute to reasonable suspicion or probable cause to extend the investigation—though post-2019 Texas law requires additional context due to the legalization of hemp. A drug-sniffing canine alert, when conducted during a lawful stop and without prolonging it, can establish probable cause for a vehicle search under *Illinois v. Caballes*, 543 U.S. 405 (2005).

## Federal Drug Trafficking Statutes And Penalties

### Controlled Substances Act – 21 U.S.C. § 841

Depending on the type and quantity of the controlled substance that is the subject of the offense, 21 U.S.C. § 841 requires mandatory minimum penalties in certain cases. What mandatory minimum applies comes down primarily to the quantity threshold at play. The below table illustrates the mandatory minimum penalties that are triggered by the quantity threshold of the controlled substance.

### **Mandatory Minimum Sentences for Selected Controlled Substances**

*Thresholds under 21 U.S.C. §§ 841(b)(1) and 960(b)*

**Substance****Triggers 5-Year Minimum Sentence****Triggers 10-Year Minimum Sentence**Heroin100 grams1 kilogramPowdered Cocaine500 grams5 kilogramsCrack Cocaine28 grams280 gramsPure Methamphetamine5 grams50 gramsMethamphetamine (mixture)50 grams500 gramsFentanyl40 grams400 gramsFentanyl Analogues10 grams100 gramsMarijuana100 kilograms1,000 kilograms### 21 U.S.C. §§ 846, 963 – Attempts and Conspiracies

Under 21 U.S.C. §§ 846 and 963, federal law imposes the same penalties on individuals who attempt or conspire to commit drug offenses as it does on those who complete the underlying crimes.

To secure a conviction for an attempted drug offense, prosecutors must demonstrate that the defendant had a clear intent to carry out the unlawful act and took a meaningful step toward accomplishing it. This “substantial step” can include actions like coordinating the terms and location of a drug transaction or taking physical action to follow through, such as acquiring chemicals and tools to operate a drug manufacturing lab.

In cases of conspiracy, the government must prove beyond a reasonable doubt that a criminal agreement existed between two or more individuals to commit a drug-related offense, and that the accused knowingly and voluntarily joined that agreement. Importantly, a person may be found guilty of conspiracy to distribute narcotics even if they never personally completed a sale.

When determining the appropriate sentence, the total quantity of the same type of drug involved in the conspiracy, so long as it’s proven beyond a reasonable doubt, may be combined to establish the penalties under 21 U.S.C. §§ 841(b)(1) and 960(b).

## Intersection of State DWI and Federal Trafficking Charges

### Dual Prosecution Risks

A person may face both state DWI charges under Texas Penal Code § 49.04 and federal drug trafficking charges stemming from the same traffic stop. While the Double Jeopardy Clause of the Fifth Amendment generally prohibits being tried twice for the same offense, it does not apply across state and federal jurisdictions because they are considered separate sovereigns (*United States v. Lanza*, 260 U.S. 377 (1922); reaffirmed in *Gamble v. United States*, 587 U.S. \_\_\_ (2019)). Therefore, even if a traffic stop results only in a low BAC reading or a refusal to submit to chemical testing, officers may still pursue federal trafficking charges if drugs are discovered during the stop.

### License Suspension and Criminal Collateral Consequences

Under Texas Transportation Code §§ 524.011 and 724.035, a DWI arrest can lead to an administrative suspension of the driver’s license, even before a criminal conviction. On the federal side, drug trafficking convictions can result in immigration consequences for non-citizens, forfeiture of vehicles used in the offense under 18 U.S.C. § 982(a)(2)(A), and the long-term disabilities associated with felony convictions, including loss of certain civil rights.

## Building a Defense To Federal Trafficking Charges

### Challenging the Traffic Stop and Search

We first assess whether the traffic stop for suspected DWI was based on reasonable suspicion, as required under the Fourth Amendment. If the stop was improper or if officers unlawfully prolonged the stop to conduct a drug investigation, any resulting evidence may be subject to suppression. Additionally, if a drug-sniffing dog alert was used to justify a search, we scrutinize the timing, reliability, and training records of the canine unit. In cases involving search warrants, if the warrant affidavit contains false or misleading information made intentionally or with reckless disregard for the truth, we may seek to suppress evidence under *Franks v. Delaware*, 438 U.S. 154 (1978).

### Disputing Knowledge and Intent

To convict under federal law for drug trafficking under 21 U.S.C. § 841(a), the government must prove beyond a reasonable doubt that the defendant knowingly possessed a controlled substance and had the intent to distribute it. As part of the defense, we evaluate whether the defendant had actual or constructive possession, meaning control over the substance or the area where it was found. We also scrutinize the reliability of forensic drug testing, the integrity of the chain of custody, and whether the defendant was aware of the drug’s presence.

### Entrapment and Coercion Defenses

In limited circumstances, a defendant may raise an entrapment defense if the evidence shows that law enforcement or a government informant induced them to commit a crime they were not otherwise predisposed to commit. Under *Sorrells v. United States*, 287 U.S. 435 (1932), and later clarified in *Jacobson v. United States*, 503 U.S. 540 (1992), the key elements are government inducement and the absence of prior intent or predisposition on the part of the defendant.

### Sentencing Mitigation

If a client is convicted or chooses to plead guilty, we evaluate eligibility for relief from mandatory minimums under the safety valve provisions in 18 U.S.C. § 3553(f), which allow qualifying defendants to be sentenced below statutory minimums. We also advocate for a fair sentence under the U.S. Sentencing Guidelines and consider seeking a sentence reduction under Federal Rule of Criminal Procedure 35(b) when the defendant provides substantial assistance to the government.

## The Importance of Early Legal Intervention

### Protecting Your Rights During an Investigation

From the moment of initial law enforcement interaction, statements to law enforcement and evidence handling are critical. We urge clients to invoke their Constitutional rights – speak as little as possible during the investigatory phase, and if arrested, do not speak to law enforcement without an attorney present.

## Long-Term Ramifications of Federal Convictions

### Criminal Record and Employment

A conviction for federal drug trafficking results in a permanent criminal record that can significantly affect future employment opportunities, professional licensing eligibility, and access to housing. In addition to imprisonment and fines, federal felony convictions often carry collateral consequences, such as loss of voting rights, firearm restrictions, and ineligibility for certain federal benefits, that do not typically apply to state misdemeanors.

### Asset Forfeiture

Under 21 U.S.C. § 853, federal prosecutors may seek the criminal forfeiture of assets used in or derived from drug trafficking offenses. This may include vehicles, currency, real estate, and other property that facilitated the commission of the crime or represents proceeds of the offense.

### Immigration Consequences

Non-citizens convicted of drug trafficking offenses face serious immigration consequences, including removal (deportation), inadmissibility, and denial of naturalization. Such offenses are generally classified as “aggravated felonies” under the Immigration and Nationality Act, including § 101(a)(43)(B), and are deportable offenses under INA § 237(a)(2)(B)(i).

A routine traffic stop for suspected DWI under Texas Penal Code § 49.04 can escalate into a federal investigation if law enforcement discovers controlled substances or other evidence suggesting drug trafficking. When that happens, individuals may face prosecution under the federal Controlled Substances Act, including charges under 21 U.S.C. § 841. The consequences of such charges can be life-altering. Our team is prepared to safeguard your constitutional rights, challenge unlawful searches or seizures, and advocate against excessive federal penalties.

## Criminal Defense Frequently Asked Questions

### What Should I Do Immediately After a Traffic Stop That Leads To Drug Discovery?

When officers expand a DWI stop to a drug investigation, it’s crucial that you remain calm and respectful. We advise against volunteering information or consenting to searches beyond what’s required. Politely refuse any request to search your personal belongings and invoke your Fourth Amendment rights. If or when officers proceed with a search, make mental notes about the timeline, officer statements, and any irregularities. After the incident, document everything you recall, including questions asked, your responses, and the sequence of events. This record will be invaluable when challenging the legality of the stop and search in court.

### How Can We Challenge the Validity of the Traffic Stop and Subsequent Search?

To suppress evidence, we focus on whether the initial traffic stop complied with the Fourth Amendment. We scrutinize the officer’s reason for initiating the stop—did they observe a valid traffic violation? If the stop lacked legal basis, any evidence obtained afterward should be excluded under applicable law.

### What Elements Must The Prosecution Prove For a Federal Drug Trafficking Charge?

To secure a conviction under 21 U.S.C. § 841(a)(1), the government must prove beyond a reasonable doubt that the defendant:

1. Knowingly possessed a controlled substance,
2. Possessed it with intent to distribute**,** and
3. The substance in question was a scheduled drug as defined by federal law.

While there is no set amount required to prove “trafficking,” certain quantities may trigger statutory mandatory minimums under § 841(b). Intent to distribute may be inferred from circumstantial evidence such as the quantity of drugs, packaging materials, digital scales, cash, or communications indicative of drug sales. A detailed review of possession, knowledge, and intent helps us assess whether the government can meet its burden at trial or in plea negotiations.

### Can We Use Administrative Errors or Laboratory Inaccuracies As a Defense?

Yes. Laboratory testing is critical in federal drug prosecutions to establish both the identity and weight of the controlled substance. We carefully examine the chain of custody, lab accreditation, handling procedures, and analytical methodologies. Breaks in the chain of custody, mislabeled evidence, or procedural errors—such as non-compliance with standards set by the Federal Rules of Evidence—can undermine the reliability of lab results. Retaining independent forensic experts or toxicologists can help challenge questionable results and potentially lead to reduced charges or case dismissal.

### What Role Does Sentencing Mitigation Play In Trafficking Cases?

Sentencing in federal drug cases is governed by the U.S. Sentencing Guidelines, but several avenues exist for mitigation. One key tool is the “safety valve” under 18 U.S.C. § 3553(f), which allows qualifying non-violent defendants to receive a sentence below the statutory mandatory minimum if they meet specific criteria, including full disclosure to the government.

We also advocate for a downward variance based on mitigating factors such as limited criminal history, acceptance of responsibility, family obligations, or rehabilitation efforts. Where applicable, cooperation with authorities may qualify the defendant for a sentence reduction under Rule 35(b) of the Federal Rules of Criminal Procedure.

### How Does a Federal Indictment Affect Our Texas Driver’s License and DWI Case?

A federal drug indictment by itself does not impact a Texas driver’s license. However, if the federal charges arise from a DWI-related traffic stop, the underlying DWI arrest can trigger an Administrative License Revocation (ALR) under Texas Transportation Code § 724.035. To preserve driving privileges, a request for an ALR hearing must be filed within 15 days of notice.

Federal court proceedings may also impose travel restrictions, such as pretrial release conditions or passport surrender, which can interfere with state court obligations. Our team ensures proper coordination between federal and state cases to protect both driving privileges and the client’s due process rights in each forum.

### What Are the Long-Term Consequences of a Federal Conviction Beyond Prison Time?

Federal drug convictions carry serious collateral consequences beyond incarceration and fines. These may include:

- A permanent federal felony record,
- Loss of voting rights and firearm rights (subject to state law restoration),
- Restrictions on professional licensing, housing, and employment,
- Potential immigration consequences such as removal, inadmissibility, or denial of naturalization for non-citizens, and
- Asset forfeiture under 21 U.S.C. § 853, including seizure of vehicles, bank accounts, or real estate linked to the offense.

We challenge forfeiture actions by disputing the connection between property and the alleged criminal activity or by negotiating resolutions to preserve essential assets. Early strategic planning helps reduce the broader impact of a conviction on our clients’ lives.

## Contact Our Galveston County Drug Trafficking Defense Lawyers

If you face the dual threat of state DWI and federal drug trafficking charges, help is only a phone call away. At Mark Diaz & Associates, we defend your rights vigorously, challenge unconstitutional stops, and craft tailored strategies to protect your freedom and future.

Contact our dedicated team of [Galveston federal drug trafficking attorneys](/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout Houston, providing the experienced advocacy you need when the stakes are highest.

**Categories:** Federal Drug Trafficking Attorney

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### [What Are the Consequences of Federal Gun Trafficking Charges in Texas After a Traffic Stop?](https://texascriminaljustice.com/what-are-the-consequences-of-federal-gun-trafficking-charges-in-texas-after-a-traffic-stop/)

**Published:** June 16, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![gun trafficking](https://texascriminaljustice.com/wp-content/uploads/2025/06/Diaz-4-What-Are-the-Consequences-of-Federal-Gun-Trafficking-Charges-in-Texas-After-a-Traffic-Stop_June-2025.jpg "gun trafficking")Under Texas law, a routine traffic stop can quickly spiral into a federal case when officers uncover evidence of gun trafficking. We have represented clients across Galveston and Houston who thought they were facing a simple citation, only to learn they were accused of violating not only state regulations but also serious federal statutes. The moment an officer suspects you of moving firearms for profit without proper licensing, the stakes rise dramatically.

Federal gun trafficking charges often carry lengthy prison sentences and possibly even steep fines in addition. That’s why understanding both the federal statutes and how state stops feed into federal investigations is critical from the very first interaction with law enforcement.

## How a Traffic Stop Can Trigger Federal Gun Trafficking Charges

Whenever we handle a case where guns are found during a traffic stop—whether for speeding, DWI, or a broken taillight—we closely examine the officer’s grounds for the stop and subsequent search. Under the [Fourth Amendment](https://constitution.congress.gov/constitution/amendment-4/), any evidence the police uncover must stem from a lawful search and seizure.

If officers pull you over for a traffic violation under the Texas Transportation Code and then claim they smelled marijuana or saw something in plain view as they approached your vehicle after initiating the stop; they are then legally permitted to expand their search in this scenario. In the event they find multiple firearms, ammunition, or bulk packaging materials, they often call in federal agencies, like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to investigate potential trafficking under [18 U.S.C. § 922(a)(1)(A)](https://www.law.cornell.edu/uscode/text/18/922).

## Key Federal Statutes

Under [18 U.S.C. § 922(a)(1)(A)](https://www.law.cornell.edu/uscode/text/18/922), it is unlawful for any person not licensed under this chapter to “engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce.” Generally stated and for purposes of simplicity, to be “engaged in the business” means regularly buying and selling firearms for profit. A conviction under this statute can result in up to 5 years in prison and fines up to $250,000. If the trafficking involves certain high-caliber or military-grade weapons, charges under [18 U.S.C. § 924(c)](https://www.ussc.gov/research/quick-facts/section-924c-firearms#:~:text=%5B1%5D%20Offenses%20under%2018%20U.S.C.,in%20furtherance%20of%20those%20crimes.) can add consecutive sentences, including 5 years for using or carrying a firearm in furtherance of a crime of violence.

## State Violations That Feed Federal Cases

Although federal trafficking laws are powerful on their own, Texas statutes frequently intersect. For example, [Texas Penal Code § 46.06](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm) prohibits the unlicensed transfer of firearms, which can trigger federal cross-reporting. And if the traffic stop was for DWI under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), and officers find guns in the vehicle, they may allege you were endangering a child or public safety, potential grounds to justify a broader search and possible federal involvement.

## Proving “Business Intent” In a Federal Case

In many of these cases, our strategy may begin with challenging whether prosecutors can show you were engaged in “the business” of dealing firearms. Buying or selling one or two firearms does not automatically equal trafficking. Courts look at factors like repetitive purchases, advertisements, possession of specialized packaging materials, and lack of a Federal Firearms License (FFL). Depending on the case, it may be useful for us to begin to gather evidence in your defense, such as bank records, communications, and testimony, in an attempt to show your transactions were personal collections or gifts, not commerce.

## Protecting Your Rights During an Investigation

Once a federal inquiry begins, it’s essential to avoid making any statements to law enforcement or the ATF without counsel present. Every word you say can be used to establish intent or knowledge. Furthermore, in cases where the initial stop or search potentially violated the Fourth Amendment, we may be able to motion the court to suppress evidence that resulted from the illegal search and/or seizure. For example, if officers pull you over and, without reasonable suspicion, expand the traffic stop beyond its permissible means, then any firearms discovered as a result may be deemed “fruit of the poisonous tree” and excluded as evidence against you in a trial.

## Potential Defenses and Case Resolutions

Depending on the facts, our defenses can include:

- **Illegal Search –** Arguing officers exceeded the scope of a search authorized by the stop, violating the Fourth Amendment.
- **Lack of Business Intent –** Demonstrating your firearm purchases were for personal use, and you were not “engaged in the business” of dealing firearms.

## Criminal Defense Frequently Asked Questions

### What Triggers a Federal Gun Trafficking Investigation After a Traffic Stop?

Finding multiple firearms, large quantities of ammunition, or packaging materials suggests to law enforcement that you may be selling guns for profit. Once officers alert federal agents, the investigation can possibly broaden to include searches of your home, financial records, and communications.

### How Can I Contest Evidence Seized in a Search During a Traffic Stop?

Your attorney can often challenge evidence seized in a search during a traffic stop if it is later shown that either the stop itself was no good (meaning, the officer had no legal basis to pull you over in the first place) or the search exceeded it constitutional limits based on the facts and circumstances of your case.

### What Are The Penalties For Federal Gun Trafficking?

It depends on what statute you are being prosecuted under. A conviction under 18 U.S.C. § 922(a)(1)(A) allows for up to 5 years imprisonment. 18 U.S.C. § 924(c) punishes individuals who use, carry, or possess a firearm:

- During and in relation to a crime of violence or drug trafficking crime; or
- In furtherance of such a crime.

The table below demonstrates penalties based on conduct and the type of firearm under 18 U.S.C. § 924(c) – note that these penalties are **mandatory minimum sentences** and must be served **consecutively** to any other sentence:

Conduct Involving FirearmMandatory Minimum SentencePossessing a firearm5 yearsBrandishing a firearm7 yearsDischarging a firearm10 yearsPossessing a short-barreled rifle/shotgun or semiautomatic assault weapon10 yearsPossessing a machine gun or destructive device, or a firearm equipped with a silencer or muffler30 yearsSecond or subsequent conviction under § 924(c)25 years (minimum)Second conviction involving machine guns, silencers, etc.Life imprisonment (mandatory)### Can I Obtain Release on Bond in a Federal Case?

In federal court, the term “bond” is typically referred to as “pretrial release.” The statute that governs pretrial release in the federal system is 18 U.S.C. § 3141, et seq. Generally speaking, if the federal judge determines that the defendant is not a flight risk and does not pose a danger to the community or any person, then the court may order pretrial release with strict conditions to be adhered to while the case is pending.

### How Does My Criminal History Affect Federal Gun Trafficking Sentencing?

Yes, this is a significant factor that affects sentencing under the Federal Sentencing Guidelines. Under the Guidelines, every defendant is assigned a Criminal History Category, anywhere between I through VI. The category assigned is based on the number of prior convictions, the length of prior sentences, and the timing or recency of the offenses. The more recent and severe the criminal history is, the more severe the category is that is assigned to the Defendant.

### Can I Challenge The ATF’s Method Of Identifying Firearms?

Yes. The ATF relies on serial numbers, ballistics tests, and tracing databases to link weapons to specific transactions. If the serial numbers were altered, the chain of custody was broken, or the testing procedures were flawed, we may be able to file motions to suppress or exclude that evidence. Challenging the technical aspects of firearm identification can weaken the government’s case substantially.

### What Role Does Intent Play In a Gun Trafficking Case?

Intent is a central and essential element in a federal gun trafficking case. The government must prove beyond a reasonable doubt that the defendant knowingly and willfully engaged in prohibited conduct—specifically, in “engaging in the business” of dealing firearms without a license.

### How Do Plea Agreements Work in Federal Gun Cases?

Plea agreements in federal gun cases—like those involving unlicensed firearm dealing or trafficking—are a common way to resolve charges without going to trial. These agreements can reduce charges, limit sentencing exposure, and provide greater control over the outcome for both sides. In these types of cases, we regularly negotiate with the federal prosecutor (also known as the Assistant U.S. Attorney (AUSA)) in an attempt to reduce the number or severity of the charges, avoid mandatory minimums if at all possible, and/or possibly secure a more favorable sentencing recommendation.

### What Mitigating Factors Can Influence My Sentence?

In federal gun trafficking cases, mitigating factors can significantly influence your sentence by lowering the offense level under the U.S. Sentencing Guidelines or by supporting a downward variance from the recommended range. Some common and effective mitigating factors include, but are not limited to:

- Lack of criminal history
- Minor or minimal role in the offense
- Acceptance of responsibility
- Cooperation with authorities
- No use of threat or violence.

### Can Federal Gun Trafficking Charges Be Expunged or Sealed?

In almost all cases, federal gun trafficking charges cannot be expunged or sealed. The federal system does not offer a general expunction or sealing process for criminal convictions, unlike the Texas State system.

### What Is the Impact of Federal Gun Trafficking on My Civil Rights?

A federal gun trafficking conviction—typically a felony—can have serious and often permanent impacts on your civil rights. These consequences extend far beyond prison time and can affect your rights, reputation, career, and future. Professional licensing, immigration status, and employment opportunities are a few examples of some of the civil rights issues that may be affected as a result of a federal gun trafficking conviction.

### How Can I Protect My Family During a Federal Investigation?

Federal investigations can disrupt family life, especially when arrests occur at home. We take steps to minimize public exposure, negotiate pretrial release conditions that allow you to maintain employment and family contact, and advocate for your and your family’s best interests. Protecting your family’s privacy and stability is a priority from the outset.

### What Happens If The Government Loses Key Evidence?

If critical evidence, such as seized firearms or lab reports, is lost, destroyed, or never existed, we can file motions raising these issues to the court’s attention. Demonstrating that the government failed to preserve or authenticate evidence undermines their case and can lead to outright dismissal or a favorable plea deal.

### Can I Appeal a Federal Conviction or Sentence?

Yes, you can appeal a federal conviction or sentence, but it must be based on a valid legal ground. In federal court, appeals are not opportunities to relitigate the facts of your case—instead, they focus on whether a legal or procedural error occurred that impacted the outcome.

## Contact Mark Diaz & Associates Now If You’re Facing Gun Charges in Texas

Facing federal gun trafficking charges after a traffic stop is daunting. At Mark Diaz & Associates, we defend clients throughout Galveston and Houston with unwavering commitment and deep knowledge of both federal and Texas laws.

Contact our [Texas gun crime defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170) to [schedule your free consultation](/landing-form/). Let us protect your rights, preserve your freedom, and fight for the best possible outcome.

**Categories:** Gun Crime Defense Attorney

---

### [License Suspension Hearings In Galveston](https://texascriminaljustice.com/license-suspension-hearings-in-galveston/)

**Published:** July 1, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![license suspension](https://texascriminaljustice.com/wp-content/uploads/2025/06/Diaz-1-License-Suspension-Hearings-in-Galveston-Winning-Your-Administrative-Appeal_July-2025.jpg "license suspension")

## Winning Your Administrative Appeal in a Galveston License Suspension Hearing

When you’re arrested for DWI in Galveston, the arrest alone can set off a chain of legal events that most people aren’t prepared for. One of the most immediate—and most stressful—consequences is the possible suspension of your Texas driver’s license.

Whether you refused a breath test or failed it, you have only a short time to fight back before the Texas Department of Public Safety (DPS) moves forward with a suspension. That’s why it’s critical to understand how the [Administrative License Revocation](https://www.dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program) (ALR) process works and how we, as your defense attorneys, can help you protect your driving privileges.

At Mark Diaz & Associates, we’ve helped many clients fight license suspension and win their ALR hearings in Galveston and the greater Houston area. A DWI arrest doesn’t mean you’re automatically guilty—and it certainly doesn’t mean you have to accept losing your license without putting up a fight.

## Understanding The ALR Hearing Process In Texas

The ALR process is a civil proceeding separate from your criminal DWI case. It’s handled by the Texas Department of Public Safety under the authority of the Texas Transportation Code, particularly [Section 524.031](https://statutes.capitol.texas.gov/docs/TN/htm/TN.524.htm) and [Section 724.035](https://codes.findlaw.com/tx/transportation-code/transp-sect-724-035/).

There are two main reasons DPS will try to suspend your license after a DWI arrest:

1. You refused to submit to a breath or blood test after being lawfully arrested (implied consent violation).
2. You provided a sample, but your blood alcohol content (BAC) was 0.08% or higher.

In either case, the officer will take your license and issue a temporary driving permit. You then have 15 days from the date of arrest to request an ALR hearing for a refusal. If you don’t request it in time, your license will be automatically suspended with no recourse.

If you consented to provide a sample that was over a .08, then the Department of Public Safety will send a notice of suspension to the address on your driver’s license and you will have 20 days from the date of the letter to request an ALR hearing for failure

We take immediate action to request the hearing, gather the police reports, and prepare to challenge the suspension on legal grounds.

## Why Fighting The Suspension Matters

Losing your license affects more than just your commute. It can impact your job, your family responsibilities, and your ability to manage day-to-day life. More importantly, the ALR hearing gives us an early opportunity to examine the strength of the state’s case against you.

During the hearing, we can subpoena the arresting officer, question them under oath, and get a clearer picture of how the stop, investigation, and arrest were handled. In many cases, this process helps us identify issues we can use to fight the criminal DWI charge later on.

## What We Have To Prove At The ALR Hearing

The burden of proof in an ALR hearing is on the Department of Public Safety. Their attorney must show that:

- There was reasonable suspicion or probable cause to stop or detain you.
- There was probable cause to believe you were operating a motor vehicle in a public place while intoxicated.
- You were lawfully arrested for DWI.
- You either refused the test or your BAC was 0.08% or more.

We challenge every part of the state’s evidence. If the officer lacked probable cause, made procedural errors, or violated your rights, we fight to have the suspension thrown out.

## License Suspension Penalties In Texas DWI Cases

Under Texas law, license suspension periods vary depending on whether you refused the test or failed it:

- Refusal: 180-day suspension for first offense (up to 2 years for repeat offenders)
- Failure: 90-day suspension for first offense (up to 1 year for repeat offenders)

These penalties fall under Texas Transportation Code §§ 724.035 and 524.022.

Even if the suspension is upheld, we can often help you apply for an Occupational Driver’s License (ODL) so you can continue driving to work, school, and necessary errands.

## Winning An ALR Hearing Isn’t About Luck—It’s About Strategy

We don’t leave anything to chance. Every ALR hearing is an opportunity to cross-examine the arresting officer, expose weaknesses in the evidence, and keep your license in your hands.

Some of the most common issues we explore include:

- Whether the traffic stop was legal
- Whether field sobriety tests were administered properly
- Whether the breath test machine was maintained and calibrated correctly
- Whether your refusal was voluntary and informed
- Whether the officer followed proper arrest procedures

Sometimes, officers don’t appear at the hearing. If that happens, we often win by default. Other times, the officer’s testimony opens the door for broader legal defenses in your criminal case.

## What Happens If We Win The Hearing?

If we win the ALR hearing, your license suspension is dismissed. You keep your full driving privileges, and the result doesn’t go on your driving record. Additionally, we often gain valuable information that helps us fight your criminal DWI charge.

## What Happens If We Lose The Hearing?

Even if the suspension is upheld, it’s not the end of the road. We can help you apply for an Occupational Driver’s License under Texas Transportation Code § 521.242, which allows you to drive for essential needs like work, school, and household duties.

We also continue to fight your criminal case, using any inconsistencies or violations discovered during the ALR process.

## Frequently Asked Questions About ALR Hearings And License Suspensions In Texas

### What Is An ALR Hearing?

An ALR hearing is a civil proceeding that determines whether your Texas driver’s license will be suspended after a DWI arrest. It’s completely separate from your criminal case and is handled by the State Office of Administrative Hearings. The hearing gives you a chance to challenge the evidence the Department of Public Safety relies on to suspend your license.

### How Do I Request An ALR Hearing?

You must submit a request to the Texas Department of Public Safety within the respective deadlines. If you miss this deadline, your license will be automatically suspended. As your attorneys, we handle this process for you to ensure it’s done correctly and on time.

### What Happens If I Don’t Request A Hearing?

If you miss the hearing request deadlines, your license will be suspended automatically. The suspension typically begins 40 days after your arrest. You will lose the opportunity to challenge the evidence or cross-examine the arresting officer.

### Can I Keep Driving After A DWI Arrest?

Yes, if you request your ALR hearing in time, DPS will issue a temporary permit that allows you to drive until your hearing takes place. If you win the hearing, you keep your license. If not, you may be eligible for an occupational license.

### What Is An Occupational Driver’s License?

An occupational license allows you to drive legally for essential needs, such as work, school, and necessary errands. You’ll need to file a petition with the court and provide proof of insurance and a financial responsibility form (SR-22). We guide our clients through the process to make sure everything is in order.

### What Can I Expect At The ALR Hearing?

The hearing is usually held in person or via Zoom. A DPS attorney presents evidence, and we challenge it by cross-examining the officer and reviewing records. Hearings typically last about 30 to 60 minutes. You are not required to be present or testify at these hearings, but we’ll discuss strategy beforehand.

### Does Winning The ALR Hearing Mean My DWI Charges Are Dropped?

No, but it’s a positive step. ALR hearings are civil matters. Winning helps keep your license and can uncover issues with the arrest or evidence that may help us fight the criminal charges.

### Can The Arresting Officer’s Testimony Hurt My Criminal Case?

In many cases, no. In fact, the officer’s testimony in the ALR hearing can help us. It gives us a preview of the state’s evidence and may reveal contradictions or procedural mistakes. If the officer makes inconsistent statements, we can use that later in court.

### How Long Does A License Suspension Last After A Failed Breath Test?

For a first-time offender, the suspension is 90 days if you failed a test (BAC of 0.08% or higher). If you refused the test, the suspension is 180 days. These penalties increase with prior offenses or refusals.

### What If The Officer Didn’t Read Me My Rights?

That may impact your criminal case, but it won’t necessarily affect your ALR hearing. The ALR process focuses on the stop, the arrest, and whether you refused or failed the test. However, any procedural errors we identify at the ALR hearing may help later in court.

## Get Help From A DWI Defense Team That Fights To Win

At Mark Diaz & Associates, we understand how stressful a DWI arrest can be, especially when your license is on the line. We take every administrative hearing seriously because we know how much is at stake for you and your family.

If you’ve been arrested for DWI in Galveston or the Houston area, contact our [Texas DWI attorney](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients throughout Galveston and all of Houston, Texas. We’re here to help you protect your license, your rights, and your future.

**Categories:** DWI Attorney

---

### [Field Sobriety Tests In Galveston: Common Pitfalls And Defense Tips](https://texascriminaljustice.com/field-sobriety-tests-in-galveston-common-pitfalls-and-defense-tips/)

**Published:** July 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![field sobrierty test](https://texascriminaljustice.com/wp-content/uploads/2025/07/Diaz-2-Field-Sobriety-Tests-in-Galveston-Common-Pitfalls-and-Defense-Tips_July-2025.jpg "field sobrierty test")As [DWI defense attorneys in Galveston](/dwi-charges/) and across the Greater Houston area, we’re often asked whether field sobriety tests are reliable—and whether they can be challenged in court. These tests are a routine part of most DWI investigations in Texas, but that doesn’t mean they are always fair or accurate. The truth is that many field sobriety tests are poorly administered, misinterpreted, or affected by outside factors that have nothing to do with alcohol.

If you’ve been arrested after performing a field sobriety test, we want you to know this: You have rights. A failed test is not the end of the road, and a DWI charge does not mean a conviction. Law enforcement officers are trained to use field sobriety tests to build evidence, but they do not always follow the guidelines required under Texas law. Our job is to examine how those tests were conducted and whether they can be challenged in court.

Let’s take a closer look at how [field sobriety tests](https://en.wikipedia.org/wiki/Field_sobriety_testing) work in Texas, the legal standards that apply, and the most common mistakes officers make that can lead to strong legal defenses.

## What Are Field Sobriety Tests In Texas?

Field sobriety tests are physical and cognitive exercises police use during a traffic stop to assess whether a driver may be intoxicated. The three standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) are:

- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn (WAT)
- One-Leg Stand (OLS)

These tests are intended to measure coordination, balance, attention, and eye movement. However, their accuracy depends heavily on how they are administered and interpreted—and that’s where many problems begin.

In Texas, officers are trained to use these tests to help establish probable cause for a DWI arrest under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), which makes it illegal to operate a motor vehicle in a public place while intoxicated.

### Common Mistakes Officers Make During Field Sobriety Tests

We’ve reviewed countless DWI cases in Galveston where field sobriety tests were mishandled. These are some of the most frequent issues we see:

- Improper Instructions – If the officer fails to clearly explain or demonstrate the test, the results may be unreliable.
- Non-Standardized Conditions – Poor lighting, uneven pavement, or weather conditions can affect your ability to perform the test, even if you’re sober.
- Medical Conditions – Injuries, age, weight, or neurological conditions may cause performance issues unrelated to alcohol.
- Improper Scoring – Officers may miscount steps, overlook valid explanations for missed cues, or ignore signs that a person is trying their best to comply.
- Bias Or Prejudice – Once an officer believes you’re intoxicated, confirmation bias can lead them to interpret your actions unfairly, even if you follow instructions.

When we build a DWI defense, we carefully evaluate whether each test was conducted correctly, whether your performance was judged fairly, and whether the officer followed NHTSA guidelines.

## Can You Refuse A Field Sobriety Test In Texas?

Yes. In Texas, you are not legally required to take a field sobriety test. These tests are voluntary, and refusing them does not carry a direct penalty like refusing a breath or blood test under [Texas Transportation Code § 724.035](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm#724) (which governs license suspension after chemical test refusal). However, officers may still arrest you based on other observations and may argue that your refusal suggests guilt.

That said, many attorneys—including us—advise clients to politely decline field sobriety testing, especially if they have physical limitations, are nervous, or fear being misjudged. It’s usually better to let us fight the arrest in court rather than give the officer potentially flawed evidence to use against you.

## How Field Sobriety Tests Lead To Arrests

Field sobriety tests are designed to help officers establish probable cause for arrest, not to prove guilt beyond a reasonable doubt. However, once a person is arrested based on failed tests, they are likely to face DWI charges under [Texas Penal Code § 49.04(a)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), which requires proof that the person was intoxicated while operating a motor vehicle.

In court, prosecutors often rely on video footage of the field sobriety tests, the officer’s testimony, and the results of breath or blood tests taken afterward. That’s why it’s critical to challenge every step of the stop, including the officer’s justification for requesting field sobriety testing in the first place.

## Defending Against Field Sobriety Test Evidence In Court

As defense attorneys, we know how to challenge field sobriety test evidence effectively. Our defense strategy may include:

- Reviewing body cam and dash cam footage for inconsistencies
- Examining the officers’ training records to confirm whether they followed NHTSA protocol
- Presenting medical records or witness testimony that explains performance issues
- Highlighting road or weather conditions that could have made the test unfair
- Arguing that the officer lacked probable cause to make the arrest in the first place

No two cases are the same, and our job is to find the weak points in the prosecution’s evidence. The burden is on the state to prove guilt beyond a reasonable doubt, and field sobriety tests alone are rarely enough.

## Frequently Asked Questions About Field Sobriety Tests In Texas

### What Happens If I Fail A Field Sobriety Test In Galveston?

If you fail a field sobriety test, the officer may arrest you on suspicion of DWI. After the arrest, you may be asked to submit to a breath or blood test. It’s important to remember that a failed field test does not automatically prove intoxication, and we can often challenge the validity of those results in court.

### Can I Refuse To Take A Field Sobriety Test In Texas Without Losing My License?

Yes. Field sobriety tests are not chemical tests, and you are not required by law to take them. Refusing a field sobriety test does not result in an automatic license suspension. However, if you refuse a breath or blood test after being arrested, your license could be suspended under Texas’s implied consent law.

### What If I Have A Medical Condition That Affects Balance Or Coordination?

We regularly use medical records and expert testimony to explain how medical conditions can impact field sobriety test performance. Conditions such as vertigo, knee or back injuries, arthritis, or neurological issues can all affect your ability to perform the tests—even if you haven’t had anything to drink.

### Can I Be Arrested Even If I Pass The Field Sobriety Test?

Yes. Field sobriety tests are just one factor in a DWI investigation. An officer may still arrest

you based on other observations, such as slurred speech, bloodshot eyes, or the smell of alcohol. However, passing the tests can provide strong evidence in your favor, and we will use that to challenge the arrest.

### How Reliable Are Field Sobriety Tests?

The standardized field sobriety tests have varying levels of reliability. For example, the Horizontal Gaze Nystagmus test has about 77% accuracy when properly administered. The Walk-and-Turn and One-Leg Stand tests are less reliable, especially if conditions are not ideal. Many courts accept these tests, but they can be successfully challenged with the right defense strategy.

### Can Weather Or Road Conditions Affect Field Sobriety Test Results?

Yes. Rain, wind, uneven pavement, gravel, or poor lighting can make it difficult for anyone to perform these tests properly. These conditions can introduce error into the officer’s evaluation, and we use that to challenge the reliability of the results in court.

### Will My DWI Case Be Dismissed If The Field Sobriety Tests Were Done Incorrectly?

Improperly administered field sobriety tests can weaken the prosecution’s case. In some cases, this may lead to a dismissal or a reduction in charges. In others, it gives us strong leverage during plea negotiations or trial. Every case is unique, but flawed tests are always a focus in our defense.

### What Should I Say If An Officer Asks Me To Do A Field Sobriety Test?

You can politely say, “I prefer not to take any field tests.” You are not required to explain yourself. It’s also wise to avoid admitting to drinking or guessing your BAC. Say as little as possible and ask to speak to an attorney as soon as you are allowed.

### How Long Do I Have To Fight My DWI Arrest?

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver’s license for refusing a breath or blood test. The criminal case may take longer, but acting quickly helps us build a stronger defense and preserve key evidence.

### Can The Officer’s Dash Cam Help My Case?

Yes. We often obtain dash cam and body cam footage to evaluate whether the officer followed proper procedures. If the video contradicts the officer’s report or shows you performed the tests reasonably well, that footage becomes a key part of your defense.

## Call Mark Diaz & Associates For DWI Defense You Can Rely On

At Mark Diaz & Associates, we understand what’s at stake when you’re facing a DWI charge. A failed field sobriety test does not mean you’re guilty, and you should never assume the case against you is airtight. We have defended countless clients in Galveston and Houston by challenging the way field sobriety tests were administered, and we’re ready to do the same for you.

If you or someone you care about has been arrested after a field sobriety test, contact our [Texas DWI defense attorney](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients throughout Galveston and the Houston metro area. Let us help you protect your record, your license, and your future.

**Categories:** DWI Defense Lawyer

---

### [Plea Bargains In Galveston Criminal Cases](https://texascriminaljustice.com/plea-bargains-in-galveston-criminal-cases/)

**Published:** July 15, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![plea bargain](https://texascriminaljustice.com/wp-content/uploads/2025/07/Diaz-3-Plea-Bargains-in-Galveston-Criminal-Cases-Pros-Cons-and-What-to-Expect_July-2025.jpg "plea bargain")When you’re facing criminal charges in Galveston or anywhere in Texas, your future can feel uncertain. The justice system moves quickly, and you may be presented with a plea bargain before you’ve even had time to understand your options. We’ve seen how overwhelming this moment can be for clients. [Plea bargains](https://www.law.cornell.edu/wex/plea_bargain) are not one-size-fits-all agreements. Accepting or rejecting one is a major decision that must be made with full knowledge of your rights, your defenses, and the possible outcomes.

As criminal defense attorneys in Galveston, we’ve helped clients through every stage of the process—from arrest to trial to post-conviction relief. If you’re considering a plea deal or were offered one by the Galveston County District Attorney, you deserve to know exactly what that means under Texas law, what it could mean for your freedom, and what to expect from the process.

## What Is A Plea Bargain?

A plea bargain is an agreement between the prosecution and the defendant, where the defendant agrees to plead guilty or no contest in exchange for some form of leniency, typically a reduced charge, fewer counts, or a lighter sentence. Under Texas Code of Criminal Procedure § 26.13, judges are required to ensure that any plea is entered voluntarily, with full awareness of the consequences.

In Galveston courts, plea negotiations are a regular part of criminal case management. They can happen at nearly any stage of the case, including pre-indictment, pre-trial, or even mid-trial.

## The Pros Of Accepting A Plea Bargain

There are clear benefits to plea deals, depending on the facts of your case:

### Reduced Penalties

If you’re facing a first-degree felony with a range of 5 to 99 years (Texas Penal Code § 12.32), a plea bargain might lower the charge to a second-degree felony with a sentencing range of 2 to 20 years (§ 12.33). That difference can mean everything for your future.

### Certainty In Outcome

Trials are unpredictable. Accepting a plea gives you more control. Instead of leaving your sentence to a jury or judge, you’ll know exactly what to expect.

### Shorter Process

Trials can take months or even years to get reached in court. A plea deal can bring closure faster and help you move forward—especially important for clients with jobs, families, or other important concerns.

### Avoiding A Conviction On The Worst Charge

In some cases, pleading to a lesser offense may help you avoid certain enhancements, such as habitual offender penalties under [Texas Penal Code § 12.42](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm) or the requirement to register as a sex offender.

## The Cons Of Plea Bargains

While plea bargains can be useful, they can come with significant trade-offs:

### Waiving Your Right To Trial

When you accept a plea deal, you give up the right to a jury trial under Article 1.12 of the Texas Code of Criminal Procedure. That means there will be no chance to present your defense before a jury of your peers.

### You Will Be Convicted

Even with a reduced sentence, you are pleading guilty. That means you will have a criminal record, which can affect employment, housing, gun rights, and more. In many cases, it also limits your ability to expunge or seal the record.

### You May Still Go To Jail

Plea deals don’t always mean probation or time served. Depending on the deal, you may still

serve time in the county jail or the Texas Department of Criminal Justice. Make sure you understand the sentencing range before agreeing.

### Pressure To Settle Quickly

Prosecutors may use tactics to make a deal seem like your only option, especially in early stages. We’ve seen many cases where the state’s evidence was weaker than it appeared. Accepting a deal too early can be a mistake.

## What To Expect During Plea Bargain Discussions In Galveston

If you’re offered a plea deal in Galveston County, here’s how the process typically works:

### Step 1: Review Of The Evidence

We start by requesting discovery from the prosecution under [Texas Code of Criminal Procedure Art. 39.14](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.39.htm#39.14). We examine the police report, body camera footage, lab reports, witness statements, and any potential constitutional issues (like illegal searches or improper Miranda warnings).

### Step 2: Assessment Of Legal Defenses

Every case has unique facts. We determine whether suppression motions or defenses like self-defense, mistaken identity, or lack of intent apply. The stronger your case, the better your bargaining position.

### Step 3: Plea Offer From The State

The District Attorney’s office may propose an offer. We assess whether it’s in your best interest and regardless, discuss the offer with you and answer any questions you may have. If the plea offer is not in your best interest, we may recommend rejecting it and preparing for trial or pushing for a better deal.

### Step 4: Client Conference

We explain all the legal consequences in plain English, including sentencing ranges, probation eligibility, fines, collateral consequences, and long-term effects of the conviction.

### Step 5: Court Hearing

If you accept the deal, we attend the hearing with you. The judge will confirm that you are entering the plea knowingly and voluntarily, and that there is a factual basis for the plea.

## Common Crimes In Galveston Where Plea Deals Are Offered

Some offenses more frequently lead to plea negotiations:

- **DWI (Texas Penal Code § 49.04)** – Prosecutors are often willing to offer probation-based plea deals.
- **Drug Possession (Texas Health & Safety Code § 481.115)** – First-time offenders may qualify for diversion or deferred adjudication.
- **Assault (Texas Penal Code § 22.01)** – May be negotiated down to class C misdemeanor under certain conditions.
- **Theft (Texas Penal Code § 31.03)** – Sometimes reduced based on restitution or prior record.

## When Plea Bargains Might Not Be A Good Idea

There are times when going to trial is the better option:

- Weak evidence
- Strong legal defense
- Prosecutorial overcharging
- Constitutional rights violations
- Client is not guilty

We have taken many cases to trial because the plea deal simply wasn’t fair or didn’t match the facts. In some cases, clients were found not guilty or received lighter sentences from a jury than the original plea offer.

## What If You Accept A Plea And Regret It?

It is possible to withdraw a plea in a criminal proceeding, but the likelihood of it being granted by the court depends on when the request is made. If made before sentencing, so long as the defendant makes a showing of good faith effort oin his or her part and a reasonable basis for contentesting guilty, the court will likely allow the plea to be withdrawn. However, after sentencing, it is chakllenging to withdraw a plea. At this stage, the defendant must make a showing of manifest injustice should the court not allow the withdraw. The most common method for doing this would be by filing a motion for new trial and it must be done within 30 days of sentencing.

## Frequently Asked Questions About Plea Bargains In Galveston

### What Happens If I Reject A Plea Deal?

If you reject a plea deal, your case continues toward trial. This gives you the chance to challenge the prosecution’s evidence, present defenses, and potentially be acquitted. However, if you are convicted after trial, your sentence may be higher than the offer. That’s why it’s critical to review all options carefully with your lawyer.

### Can I Get Probation As Part Of A Plea Deal?

Yes, many plea deals include community supervision (probation) instead of jail time under Texas Code of Criminal Procedure Art. 42A.053, judges can order probation for eligible offenses. However, not all crimes qualify. Some charges, especially those involving deadly weapons or certain felonies, may not allow for probation to be assessed due to the severity of the charge(s).

### Does Accepting A Plea Bargain Mean I’ll Have A Criminal Record?

Possibly, it comes down to what the plea deal is specifically. Keep in mind, however, that even if the deal involves probation, that can show up on your record and depending on the type of probation you took, it could show as a conviction on your record. That record may be visible to employers, landlords, and others. In some cases, you may qualify for a non-disclosure (meaning, a sealing of your record) later, but not always.

### What Is Deferred Adjudication?

Deferred adjudication is a form of probation where the judge delays a finding of guilt while you complete certain conditions. If successful, you avoid a conviction. This is allowed under Texas Code of Criminal Procedure Art. 42A.101. However, violating the terms can lead to conviction and full sentencing.

### Can I Change My Mind After Accepting A Plea?

Once the judge accepts your plea and sentences you, it’s very difficult to undo. You’d need to file a motion for a new trial or appeal on specific legal grounds, such as coercion or ineffective assistance of counsel. That’s why we take extra care to make sure clients understand all outcomes beforehand.

### Is A Plea Bargain Better Than Going To Trial?

It depends. If the evidence is overwhelming, a plea may lead to a lighter sentence than a trial conviction. However, if the case is weak or your rights were violated, the trial may offer a better outcome. Each case is different, and we evaluate every angle before recommending a decision.

### How Long Do I Have To Accept A Plea Bargain?

There’s no set deadline under Texas law, but prosecutors may withdraw offers at any time. Here at Mark Diaz & Associates, we have spent years developing relationships with the court staff and prosecutors in Galveston County so as a matter of professional courtesy, prosecutors will almost always tell us the dealine to accept a plea offer by because of our ongoing work relationship. In some cases, offers can expire if not accepted by a specific court setting. It’s important to make decisions with proper legal advice and not under pressure.

### What Is A “No Contest” Plea?

A “no contest” or “nolo contendere” plea means you’re not admitting guilt, but you’re not fighting the charge either. Under Texas law, it has the same legal effect as a guilty plea in criminal court, but it may offer some protection in civil lawsuits related to the incident.

### Will The Judge Always Accept A Plea Deal?

Not always. The judge must confirm that the plea is voluntary and supported by facts. Judges can reject deals they believe are unjust or if the defendant doesn’t understand the consequences. We make sure everything is properly prepared so your plea is accepted without problems.

### Can I Get A Better Deal If I Cooperate With Police?

Sometimes. Cooperation can be part of the plea negotiation process, especially in larger cases. However, we urge extreme caution. Never agree to cooperate without first talking to your lawyer. Cooperation must be in writing, clearly defined, and offer something meaningful in return.

## Talk To Galveston Criminal Defense Attorneys Who Fight For Your Best Outcome

If you’re facing criminal charges in Galveston or Houston, and a plea bargain is on the table, don’t make this decision without trusted legal guidance. At Mark Diaz & Associates, we’ve helped thousands of clients protect their rights, avoid harsh sentences, and make informed decisions that reflect their best interests, not just what the prosecution wants.

Whether you’re dealing with a DWI, drug charge, assault, or theft, our team will take the time to understand your case, explain your options, and fight for the best possible result. Sometimes that means negotiating a smart plea bargain. Other times, it means going to trial. Either way, you’ll have a team that’s fully committed to your defense.

Contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Criminal Defense Lawyer

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### [Defending Against Felon In Possession In Galveston](https://texascriminaljustice.com/defending-against-felon-in-possession-in-galveston/)

**Published:** July 22, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![criminal defense](https://texascriminaljustice.com/wp-content/uploads/2025/07/Diaz-4-Defending-Against-Felon-in-Possession-in-Galveston_July-2025.jpg "criminal defense")As criminal defense attorneys in Galveston, we know how aggressively prosecutors pursue charges involving illegal firearm possession, especially when a person has a felony on their record. Being accused of [unlawfully possessing a firearm](https://codes.findlaw.com/tx/penal-code/penal-sect-46-04/) as a convicted felon is a serious offense under Texas law—and it can carry long prison terms and life-changing consequences if not handled properly.

We’ve defended many individuals facing this charge across Galveston and Houston. Often, people don’t even realize they are violating the law until they’re arrested. In some cases, the firearm isn’t even in the person’s hands, but law enforcement still moves forward with felony charges. If you or someone you care about is being charged with unlawful possession of a firearm as a felon, we want you to understand your rights and what defenses may be available.

Texas law is strict, but it also requires the state to prove specific elements beyond a reasonable doubt. There are ways to challenge the arrest, the search, and even the state’s interpretation of what qualifies as “possession.”

## Understanding Felon In Possession Charges Under Texas Law

Under [Texas Penal Code § 46.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm), a person who has been convicted of a felony commits a crime if they possess a firearm:

- After conviction and before the fifth anniversary of their release from confinement, parole, supervision, or
- At any time if the possession occurs outside of their home.

Once those five years have passed, Texas law allows felons to possess a firearm—but only in their home. If a person is found with a gun in their vehicle, on their person, or anywhere other than their residence, they can still be charged.

This offense is typically classified as a third-degree felony, which carries a possible sentence of 2 to 10 years in prison and up to $10,000 in fines.

## How Prosecutors Prove Possession

The state must prove that you were in possession of a firearm—and that you knowingly and intentionally had control over it. There are two types of possession:

- Actual possession – You had the firearm physically on you (in a pocket, waistband, bag, etc.).
- Constructive possession – The firearm was in a place where you had access or control (like your car, your house, or a shared location).

In constructive possession cases, prosecutors often rely on circumstantial evidence. For example, if you were riding in a vehicle and a firearm was found under your seat, that could lead to a charge. However, evidence like fingerprints, DNA, or witness testimony would still be needed to strengthen the case. Simply being near a gun alone isn’t enough to prove guilt.

## Federal Consequences Of Felon In Possession

In addition to state charges under Texas law, federal authorities may bring charges under [18 U.S. Code § 922(g)](https://www.law.cornell.edu/uscode/text/18/922), which makes it unlawful for certain individuals—including those with a felony conviction—to possess a firearm or ammunition that has moved in interstate or foreign commerce. Federal firearm offenses are prosecuted by the U.S. Attorney’s Office and often carry more severe penalties than state charges. In Galveston and surrounding areas, “felon in possession” cases are frequently prosecuted at the federal level, particularly when they involve aggravating factors such as drug trafficking, violent crimes, or weapons trafficking.

Federal sentencing is governed by the United States Sentencing Guidelines, which provide advisory ranges based on factors like criminal history and offense conduct. However, mandatory minimum sentences may apply in certain cases—especially if the defendant has multiple prior felony convictions under the Armed Career Criminal Act (ACCA) or if the firearm was used in connection with a violent crime or drug trafficking offense.

## Common Defenses To Felon In Possession Charges

Not every possession case is airtight. We often find weaknesses in the evidence or violations of constitutional rights that can lead to dismissals or reduced charges. Here are some defenses we regularly use:

- Illegal search and seizure – If the firearm was found during an unlawful traffic stop, home entry, or pat-down, we can file a motion to suppress the evidence under the Fourth Amendment.
- Lack of knowledge – If you didn’t know the firearm was present or had no control over it, that might defeat the state’s requirement to prove the knowledge element of possession.
- Possession Issue – If others had equal or better access to the firearm (e.g., in a shared vehicle or apartment), it may raise a reasonable doubt.
- Expired felony limitation – If more than five years have passed and the firearm was in your home, the charge may not be valid under Texas law.
- Mistaken identity or ownership – In some cases, we challenge the identification of the suspect or prove that the firearm belonged to someone else entirely and that the person arrested had no knowledge of it.

We analyze every case for possible rights violations, flaws in the investigation, and gaps in the prosecution’s evidence.

## Consequences Of A Conviction

A conviction for felon in possession can have lasting effects. In addition to possible prison time and fines, it may lead to:

- Probation or extended supervision
- Loss of job opportunities
- Immigration consequences for non-citizens
- Federal charges, in addition to state charges
- Difficulty restoring gun rights in the future

Because the penalties are so steep, a strong defense is critical. You should never plead guilty without speaking to an attorney first.

## Frequently Asked Questions About Felon In Possession Charges In Texas

### Can I Be Arrested For Being Near A Gun, Even If It’s Not Mine?

Yes, under constructive possession rules, you can be charged if law enforcement believes you have control over the area where the gun was found. This includes shared vehicles, hotel rooms, or houses. However, being near a gun doesn’t automatically prove possession. The state must show more than proximity—they must prove you had “care custody, control, or management” of the gun to prove possession.

How Does Texas Law Differ From Federal Law on Felons in Possession?

Under Texas law (Tex. Penal Code § 46.04), a person convicted of a felony may legally possess a firearm—but only at their residence—once five years have passed since the completion of their sentence, parole, or community supervision. Even then, the possession must be solely within the person’s home.

In contrast, federal law under 18 U.S.C. § 922(g)(1) prohibits individuals convicted of a felony from possessing firearms at any time and in any location, regardless of how much time has passed. There is no exception for possession in the home or after a certain time period.

This legal conflict means that even if someone is in compliance with Texas law, they may still be prosecuted in federal court for unlawful possession of a firearm. Federal law preempts state law, so compliance with Texas law does not protect against federal charges.

### Can I Get My Gun Rights Restored In Texas?

Restoring gun rights in Texas is possible, but it is a difficult and limited process. One of the few ways to fully restore firearm rights under both Texas and federal law is through a full pardon granted by the Governor of Texas. A full pardon restores all civil rights, including the right to possess firearms.

Under Texas law, a person convicted of a felony may legally possess a firearm in their home five years after completing their sentence, parole, or community supervision (Tex. Penal Code § 46.04). However, this does not restore firearm rights under federal law, and possession may still result in federal prosecution under 18 U.S.C. § 922(g).

While there is technically a federal process to restore firearm rights through an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under 18 U.S.C. § 925(c), Congress has defunded this program since 1992, effectively making this path unavailable.

Until rights are formally restored through a pardon or other qualifying mechanism, firearm possession remains illegal under federal law, even if Texas law permits it in limited circumstances.

### What If The Police Found A Gun During A Traffic Stop?

We often challenge the legality of the traffic stop or search. If the officer didn’t have reasonable suspicion to stop you or probable cause to search the vehicle, any evidence found may be excluded. We also look at how the firearm was discovered—whether your rights were violated during questioning or detention.

### Can I Face Charges If The Gun Wasn’t Loaded?

Yes. Under Texas Penal Code § 46.04, it is illegal for a person convicted of a felony to possess a firearm—regardless of whether the gun is loaded, unloaded, or even inoperable. The law focuses on possession, not the gun’s condition or functionality.

That said, details like whether the gun was loaded or accessible might become relevant during pretrial negotiations, sentencing, or as part of a defense strategy. For example, if the firearm was inoperable or never within your immediate control, those facts could potentially support a defense or help mitigate the severity of the outcome, depending on the circumstances of your case.

### What If The Gun Belonged To Someone Else In The Vehicle Or House?

This is a common and potentially effective defense. In Texas, to convict someone under Penal Code § 46.04, the prosecution must prove beyond a reasonable doubt that you were knowingly in possession of the firearm. This means they must show more than just proximity—they must establish that you had care, custody, control, or management over the weapon.

If the firearm belonged to someone else in the vehicle or residence, we may argue that you lacked possession because others had equal or greater access to it. Factors like fingerprint evidence, DNA, location of the weapon, ownership records, and witness testimony can be crucial in building this defense.

However, Texas courts recognize constructive possession, so just being near a firearm—especially if it’s within your reach or in a shared space—can still lead to charges. Our goal would be to raise reasonable doubt about whether you actually possessed or controlled the firearm.

### Will I Go To Prison If Convicted?

Not necessarily, but it is a real possibility. Felon in possession is a third-degree felony in Texas, punishable by 2 to 10 years in prison. If the case goes federal, sentences can be even harsher. That’s why it’s so important to build a strong defense and consider all options, including motions to suppress or dismissal.

### Can I Be Charged If I Live With Someone Who Owns A Gun Legally?

Yes, this can be a risk. If a firearm is easily accessible to you—such as stored in a shared bedroom or common area—you may be charged with constructive possession. If you are a convicted felon, we advise taking steps to avoid contact or access to any firearms in your home.

### Does Probation Prevent Me From Being Charged With Felon In Possession?

No. In fact, being on probation can make the consequences worse. If you’re found with a firearm while on probation, it can lead to revocation and additional charges. Always speak to your probation officer and your attorney before having any contact with firearms or those who possess them.

### What Should I Do If I’ve Been Charged?

Call an experienced criminal defense attorney immediately. Do not speak to law enforcement without legal counsel. The sooner we can review your case, the more opportunities we have to challenge the evidence, file motions, or negotiate a better outcome. Every case is different, and the details matter.

## Call Mark Diaz & Associates For Aggressive Defense In Gun Crime Cases

At Mark Diaz & Associates, we’ve spent years defending clients charged with gun crimes in Galveston and Houston. Felon in possession cases are serious, but with the right legal strategy, there are ways to fight back. Whether it’s challenging the traffic stop, disputing constructive possession, or proving lack of intent, we’re ready to defend your rights and your future.

If you’ve been charged with unlawful possession of a firearm in Galveston or anywhere in Houston, contact our [Texas gun crime defense attorney](/criminal-defense/) at Mark Diaz & Associates by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We offer free consultations and represent clients throughout Galveston County and the greater Houston area. Let us help you take the first step toward protecting your freedom.

**Categories:** Gun Crime Defense Attorney

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### [How A DWI Arrest In Texas Can Affect Your Out-Of-State Driver’s License](https://texascriminaljustice.com/how-a-dwi-arrest-in-texas-can-affect-your-out-of-state-drivers-license/)

**Published:** August 5, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2025/08/Diaz-2-How-a-DWI-Arrest-in-Texas-Can-Affect-Your-Out-of-State-Drivers-License_August-2025.jpg "DWI")If you’ve been arrested for DWI in Texas but hold a driver’s license from another state, you may be surprised to learn that Texas can still take actions that impact your driving privileges. We represent many out-of-state drivers in Galveston and across Houston who find themselves facing serious consequences from a Texas DWI arrest, even when they weren’t planning to stay in Texas. What most people don’t realize is that the moment you’re arrested in Texas, the effects can follow you back home through license suspensions, fines, and even criminal penalties under your own state’s laws.

At Mark Diaz & Associates, we make sure you understand exactly what’s at stake. A DWI is not just a Texas problem. Through an agreement known as the [Driver License Compact](https://compacts.csg.org/compact/driver-license-compact/) (DLC), Texas reports traffic offenses, including DWI arrests and convictions, to your home state. From there, your state’s motor vehicle agency may impose penalties of its own. Whether you’re visiting for business, vacation, or passing through Galveston or Houston, a DWI arrest in Texas can turn into a lasting issue in your home state if not handled aggressively and correctly.

## Texas Has Authority Over Driving Privileges Within Its Borders

Even if your license is issued in another state, Texas still has the right to suspend your driving privileges inside Texas if you’re arrested for DWI here. Under [Texas Transportation Code § 521.292](https://statutes.capitol.texas.gov/Docs/Tn/htm/TN.521.htm), the Department of Public Safety (DPS) can suspend or revoke a person’s right to drive in Texas, even if they hold an out-of-state license.

This means that if you are stopped in Galveston and arrested for DWI, Texas DPS can immediately begin administrative license suspension proceedings. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you do not request a hearing in time, your Texas driving privileges will be suspended automatically, even though your license was issued by another state.

## The Driver License Compact Connects Texas To Your Home State

Texas is a member of the Driver License Compact (DLC), an agreement between most U.S. states that allows them to share information about serious driving offenses. If you are convicted or administratively penalized for a DWI in Texas, DPS will report that violation to your home state’s licensing agency. Your state may then take action under its own laws.

For example, if you’re a Florida driver convicted of DWI in Texas, Florida’s Department of Highway Safety and Motor Vehicles may suspend your license based on the Texas offense, even though the incident occurred outside Florida. Each state decides what penalties to apply, but most states treat out-of-state DWI offenses the same as if they happened at home.

## Your DWI Arrest May Trigger A Chain Reaction Across States

Here’s how the process often unfolds:

- You are arrested for DWI in Texas.
- Texas DPS begins administrative action to suspend your Texas driving privileges.
- If you are convicted of DWI under Texas Penal Code § 49.04, Texas will report that to your home state.
- Your state’s DMV may impose its own penalties, including suspension or points on your license.
- If you try to renew your license or apply for a new one, the DWI may still appear in the national system.

That’s why we aggressively defend our out-of-state clients, not just to protect their rights in Texas, but also to prevent a ripple effect once they return home.

## Texas Penalties For DWI Still Apply Even If You Don’t Live Here

A common mistake is thinking that you can ignore a Texas DWI because you don’t live here. That is not true. A DWI in Texas is a criminal offense, and the consequences follow you regardless of residency. Under Texas law, a first-time DWI is typically a Class B misdemeanor under [§ 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), punishable by up to 180 days in jail, a $2,000 fine, and license suspension. Aggravating factors such as a BAC of 0.15 or more (making it a Class A misdemeanor) or having a child passenger can increase the penalties dramatically.

A conviction also leads to a permanent criminal record in Texas, which can show up in background checks, job applications, and future interactions with law enforcement, no matter where you live.

## Fighting A DWI In Texas Is Critical To Protecting Your Record Nationwide

We advise out-of-state drivers to fight Texas DWI charges with the same urgency as if they lived here. The reality is, your driving record, insurance rates, and employment opportunities may all be impacted back home. We work to challenge every part of the case, from the traffic stop to the breath or blood test. If we can beat the DWI or have it reduced to a lesser offense like obstruction of a highway or reckless driving, you may avoid the collateral consequences in your home state altogether.

When representing out-of-state clients, we also focus on minimizing court appearances. In many cases, we can appear in court on your behalf or resolve the case without requiring you to return to Texas, saving you time and travel expenses.

## We Understand The Importance Of The Administrative License Hearing

The ALR hearing is often the first chance to fight for your driving privileges. It is a civil proceeding separate from the criminal case, but it plays a major role in both. If we prevail at the ALR hearing, we can help keep your license valid and create a stronger defense record. If you do not request this hearing, your driving privileges in Texas will be suspended automatically 40 days after your arrest.

For out-of-state drivers, avoiding an ALR suspension can also help avoid triggering an automatic notice to your home state DMV. We treat these hearings as critical components of your overall defense.

## We Can Help Protect Commercial And Professional Licenses

If you hold a commercial driver’s license (CDL) or another professional license (like a pilot’s license or healthcare certification), a Texas DWI arrest can place your entire career in jeopardy. CDL holders are subject to stricter standards under federal and state law. A DWI arrest, even while driving your personal vehicle, can lead to disqualification.

We advise professional clients immediately after arrest to protect their license status, avoid disclosure mistakes, and develop a defense strategy that preserves both their record and livelihood.

## FAQs About Out-Of-State Driver’s Licenses And Texas DWI Arrests

### Will My Home State Suspend My License Because Of A Texas DWI Arrest?

It depends. Most states treat out-of-state DWI convictions the same as in-state offenses. If Texas reports your conviction to your state through the Driver License Compact, your state may suspend your license under its own laws.

### Can Texas Suspend My Out-Of-State License Directly?

Texas cannot revoke or suspend a license issued by another state, but it can suspend your privilege to drive in Texas. If you are caught driving in Texas while suspended, you may face additional charges, including Driving While License Invalid (DWLI).

### Will A Texas DWI Show Up On My Driving Record In Another State?

Yes. If you are convicted or face an administrative license suspension in Texas, your home state may record that event. It will likely appear on your driving history and be considered by insurers and government agencies.

### Do I Have To Return To Texas For Court Dates If I Live In Another State?

In many cases, we can appear on your behalf and handle procedural matters without requiring your presence. However, for trial or key hearings, your appearance may be necessary. We work to limit your travel as much as possible.

### What Happens If I Ignore A DWI Charge In Texas Because I Live Elsewhere?

Ignoring the charge can result in a warrant for your arrest. That warrant could show up in law enforcement databases nationwide. If you are stopped in your home state, you may be arrested and extradited to Texas.

### Can I Keep My CDL If I Get A DWI In Texas But Live In Another State?

A DWI conviction in Texas can result in a CDL disqualification under federal law. It does not matter which state issued your CDL. If you hold a CDL, contact us immediately after your arrest to protect your livelihood.

### How Do I Know If My State Will Penalize Me After A Texas DWI?

Each state has its own laws, but many treat out-of-state DWIs as if they occurred locally. Check with your state’s DMV or speak with a defense attorney in your state. We often coordinate with out-of-state counsel on these cases.

### Can A Texas DWI Be Expunged Or Sealed From My Record?

A conviction generally cannot be expunged. However, if your case is dismissed or you are acquitted, you may be eligible for expunction. In some cases, non-disclosure (sealing the record) may be available under Texas Government Code § 411.0726. We’ll assess your options based on how your case resolves.

### Can I Get A Hardship License In Texas If My License Is From Another State?

No. Hardship or occupational licenses in Texas only apply to Texas driver’s license holders.

However, by avoiding suspension here, you may prevent problems in your home state. We can also help reduce the risk of a suspension being reported.

### Will A Texas DWI Affect My Auto Insurance In Another State?

Yes. A Texas DWI conviction or administrative suspension will likely be shared with your state and your insurer. This may lead to rate increases or denial of coverage, even years after the offense occurred.

### How Quickly Do I Have To Act After A Texas DWI Arrest?

You must request an ALR hearing within 15 days of your arrest to contest your license suspension. Waiting too long will result in an automatic suspension. Contacting a defense attorney immediately is critical to preserving your rights.

## Call Mark Diaz & Associates Today To Protect Your Rights After A Texas DWI Arrest

At Mark Diaz & Associates, we aggressively defend out-of-state drivers charged with DWI in Galveston, Houston, and throughout Texas. We understand how a single mistake can turn into lasting damage across multiple states. Whether you’re a visitor, student, or traveling professional, we fight to protect your driving privileges, your record, and your future.

Contact our [Galveston DWI attorney](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We’re here to defend your case and help you move forward, wherever home may be.

**Categories:** DWI Attorney

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### [Why A Drug Related Arrest Near A School Makes Charges Worse](https://texascriminaljustice.com/why-a-drug-related-arrest-near-a-school-makes-charges-worse/)

**Published:** August 13, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug free school zone](https://texascriminaljustice.com/wp-content/uploads/2025/08/Diaz-3-Drug-Free-Zones-in-Texas-Why-Getting-Caught-Near-a-School-Makes-Charges-Worse_August-2025.jpg "drug free school zone")

## Drug-Free Zones In Texas 

At Mark Diaz & Associates, we’ve defended countless individuals facing drug charges throughout Galveston and Houston, and one of the most common misunderstandings we encounter is how location affects the seriousness of a case. If you’re arrested for a drug offense in Texas, where you were at the time matters, especially if you were near a school or another area defined by law as a “[drug-free zone](https://www.tdcaa.com/journal/drug-free-zones/).” Many people don’t realize that simply being within a certain distance of one of these zones can dramatically increase penalties. Prosecutors often push for harsher punishments when a case involves a drug-free zone. That’s why it’s critical to understand what this law means, how it’s applied, and how we fight it in court.

Texas law imposes enhanced penalties for drug offenses that occur in or near designated drug-free zones. These areas include schools, daycares, playgrounds, and youth centers. You don’t have to be inside the building or interacting with children to face enhanced charges. Just being within 1,000 feet of the premises of a school, youth center, or playground, or within 300 feet of a public swimming pool or video arcade facility, as defined by § 481.134, can trigger serious consequences. We’ve seen clients who were parked in their car, unaware of the nearby school, still charged with enhanced felonies. Texas takes these offenses seriously, and courts often assume people near schools have a greater risk of exposing children to illegal activity.

### What Counts As A Drug-Free Zone Under Texas Law

The key statute that defines drug-free zones in Texas is [Texas Health and Safety Code § 481.134](https://statutes.capitol.texas.gov/docs/hs/htm/hs.481.htm). Under this law, a drug offense committed in a drug-free zone leads to a mandatory enhancement of the charge. This includes manufacturing, delivery, or possession with intent to deliver controlled substances. Simple possession is generally not subject to drug-free zone enhancements under § 481.134.

Here’s how the law defines a drug-free zone:

- Within 1,000 feet of the premises of a school, youth center, or playground
- Within 300 feet of a public swimming pool, video arcade, or college campus
- On or near a school bus

It doesn’t matter whether you knew you were in a drug-free zone. Texas courts do not require proof that you were aware of the zone or that children were present. The law is strict, and prosecutors often rely on location data alone to enhance the charge. We frequently challenge whether the location meets the definition in the statute, especially if it’s poorly marked or outdated.

### How Drug-Free Zone Enhancements Affect Sentencing

One of the most serious impacts of a drug-free zone enhancement is how it changes the classification and punishment range of a drug charge. Even a lower-level drug offense can become a much more serious felony under § 481.134.

Here’s what the law does:

- A state jail felony becomes a third-degree felony
- A third-degree felony becomes a second-degree felony
- A second-degree felony becomes a first-degree felony

Each step up increases the potential prison time. For example, a second-degree felony normally carries 2 to 20 years in prison. But if the offense occurred in a drug-free zone, it could be bumped up to a first-degree felony, which carries 5 to 99 years or life in prison.

Another major issue is that [§ 481.134(h)](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-134/) requires that any sentence for a drug-free zone offense (punishable under Sections 481.112, 481.113, or 481.114) must run consecutively to any other sentence, unless the court finds a reason to run them concurrently. This means that if someone is already serving a sentence or convicted of multiple counts, the punishment stacks up.

### No Early Release Or Parole Until Half The Sentence Is Served

Under § 481.134(h), offenders must serve at least five years or half of their sentence, whichever is greater, before becoming eligible for parole, if they were sentenced under Sections 481.112-.114 where the offense occurred in a zone. This is not true for most nonviolent drug offenses in Texas. Drug-free zone enhancements eliminate the opportunity for early release, which can drastically affect how long someone actually spends in prison.

We aggressively fight these enhancements because they limit judicial discretion and increase the hardship on our clients. Prosecutors often use the drug-free zone law as leverage during plea negotiations, hoping defendants will accept a deal to avoid the risk of a higher sentence at trial.

### How We Defend Against Drug-Free Zone Charges

At Mark Diaz & Associates, we look closely at the facts of every case to challenge whether the drug-free zone enhancement applies. Just because the police or prosecution claim an offense happened near a school doesn’t mean the enhancement is valid.

Some of the ways we challenge these charges include:

- Verifying the distance – Prosecutors must prove the drug offense occurred within the specific boundaries listed in the statute. We work with investigators and mapping professionals to check those measurements.
- Questioning the zone’s status – The area must meet the legal definition at the time of the offense. If a building stopped operating as a school or daycare, it may not qualify.
- Challenging the timing – Some zones only apply during certain hours or school activities. If school was not in session or the area was not in active use, that may matter.
- Fighting for judicial discretion – Even if the enhancement applies, we ask the judge to consider unique factors in the case and push for reduced or concurrent sentencing.

We build each defense based on the individual facts. Our team takes the time to gather records, photograph locations, and question assumptions that the prosecution relies on.

### Why You Need A Defense Lawyer Familiar With Texas Drug-Free Zone Laws

If you’re facing a drug charge in Galveston or Houston, and the words “drug-free zone” appear in your case, you’re up against more than just a typical drug offense. You’re facing enhancements that can dramatically change your future. We’ve handled these cases before and know the tactics prosecutors use to secure convictions. It’s our job to protect your rights, scrutinize every piece of evidence, and argue for the best possible outcome in court.

We don’t let the state use the drug-free zone law as an automatic hammer to increase penalties. Every case deserves careful attention, and that’s exactly what we deliver for our clients.

## FAQ’s About Drug-Free Zones In Texas

### How Does Texas Define A Drug-Free Zone?

Under Texas Health and Safety Code § 481.134, a drug-free zone includes areas within 1,000 feet of schools, youth centers, and playgrounds, and 300 feet of swimming pools or arcades. It also includes places like school buses or daycare centers. The law does not require that children be present or that the person charged knew they were in the zone.

### Do I Have To Be Inside The School For The Law To Apply?

No. Just being within 1,000 feet of the school property is enough. For example, someone arrested on a street corner near a school, even during off-hours, can face enhanced penalties. The law is based on distance, not visibility or activity inside the building.

### Can I Still Get Probation For A Drug-Free Zone Offense?

It depends on the charge, your criminal history, and how the case is handled. While probation is still possible, the enhancement can make it harder to obtain. Courts are less likely to grant probation in these cases, especially when the prosecution pushes for a prison sentence due to the protected area.

### What If I Didn’t Know I Was Near A School?

Unfortunately, lack of knowledge is not a defense under Texas law. Courts do not require the defendant to know the location qualified as a drug-free zone. However, we can argue that the enhancement should not apply if the location does not meet the statute’s requirements or if there are flaws in the prosecution’s case.

### Can The Enhancement Be Removed?

Yes, but it requires legal work. We can sometimes show that the location does not qualify, or we may negotiate with the prosecution to waive the enhancement as part of a plea deal. In other cases, we may fight the charge in trial and ask the jury to reject the enhancement.

### Does The Drug-Free Zone Law Apply At Night Or On Weekends?

Yes. The law applies at all times, not just during school hours. This is one of the most aggressive parts of the law, people arrested at night or on holidays can still face enhanced charges based solely on location.

### Can My Sentence Be Shortened If I’m Convicted?

Some drug-free zone convictions limit early release. Under § 481.134(h), you must serve at least five years or half your sentence before becoming eligible for parole if you are sentenced for manufacture/delivery (481.112-481.114) where the offense occurred in a zone. We often work to avoid that outcome by getting the enhancement removed or negotiating reduced charges.

### How Do Prosecutors Prove I Was In A Drug-Free Zone?

They typically use maps, measurements, and sometimes expert testimony to establish the location. We challenge this evidence by checking accuracy, reviewing public records, and inspecting whether the zone was valid at the time of the arrest.

### Are All Drug Crimes Treated The Same In Drug-Free Zones?

No. The penalties vary depending on the type and amount of drug involved. However, the enhancement increases the classification by one level. For example, a third-degree felony becomes a second-degree felony if it occurred in a drug-free zone.

### Should I Accept A Plea Deal If Charged In A Drug-Free Zone?

Not before speaking to a defense attorney. Prosecutors often use the drug-free zone law to pressure defendants into bad deals. We always recommend reviewing all the evidence and letting an attorney analyze whether the enhancement is valid. Sometimes, better outcomes are available with the right defense strategy.

## Call Mark Diaz & Associates For Drug-Free Zone Defense In Galveston And Houston

Drug-free zone charges can drastically increase the penalties you’re facing, even for small amounts of drugs. At Mark Diaz & Associates, we know how to challenge these enhancements and protect your freedom. Our team defends individuals facing drug charges in Galveston and all across Houston. If you’ve been accused of a drug offense near a school, daycare, or public park, your next move matters.

Contact our [Galveston criminal law attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We’ll review your case, explain your legal options, and fight to protect your future.

**Categories:** Drug Crime Attorney

---

### [Can Police Search Your Car Without A Warrant During A Texas Traffic Stop?](https://texascriminaljustice.com/can-police-search-your-car-without-a-warrant-during-a-texas-traffic-stop/)

**Published:** August 18, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![search warrant](https://texascriminaljustice.com/wp-content/uploads/2025/08/Diaz-4-Can-Police-Search-Your-Car-Without-a-Warrant-During-a-Texas-Traffic-Stop_August-2025.jpg "search warrant")At Mark Diaz & Associates, we’ve handled countless cases where a simple traffic stop led to a search, an arrest, and serious criminal charges. One of the most common questions we hear from people is, “Can the police search my car without a warrant?” If you’ve been pulled over in Texas, and an officer asks to look through your vehicle, the answer depends on the facts of your case. Police do not always need a warrant to search your car during a traffic stop, but their authority is limited, and your rights are protected under both state and federal law.

Texas courts apply strict rules when it comes to vehicle searches. We want every person who contacts our firm to understand what those rules are and when a search might be illegal. Knowing your rights can make the difference between a dropped case and a serious conviction. We’re going to walk through when a vehicle search is legal, when it’s not, and what to do if your rights were violated.

## Understanding The Fourth Amendment And Texas Search Law

The [Fourth Amendment](https://constitution.congress.gov/constitution/amendment-4/) of the U.S. Constitution protects people from unreasonable searches and seizures. In Texas, those protections are mirrored under Article I, Section 9 of the Texas Constitution. Generally, police need a warrant to conduct a search, but courts have carved out several exceptions when it comes to vehicles. Unlike your home, your car is mobile, and courts have long held that this mobility creates less of an expectation of privacy.

But that doesn’t mean the police can do whatever they want. Officers must still justify any search with a legally recognized exception. As criminal defense lawyers, we aggressively challenge any search that doesn’t meet these requirements.

## Consent: When You Give Permission, You Give Up Protection

One of the most common exceptions to the warrant rule is consent. If a police officer asks to search your car and you say yes, the search is legal, even if they didn’t have probable cause. We often see clients who thought they had nothing to hide and agreed to a search, only to have something turn up that they didn’t expect or forgot about.

If you do not give permission, the officer must rely on another legal justification. You always have the right to say no to a voluntary search, and we recommend exercising that right.

## Probable Cause: The Smell Of Marijuana And Other Triggers

Police can search your car without a warrant if they have probable cause to believe it contains evidence of a crime. Probable cause must be based on specific facts. For example, if an officer claims they smell marijuana coming from your car, they may use that as a legal reason to search. This is one of the most litigated issues in Texas traffic stops. However, due to the legalization of hemp in Texas, courts have begun to scrutinize whether the odor alone is sufficient, especially when there’s no other indication of criminal activity.

Since marijuana remains illegal under Texas law, its odor is still used to justify vehicle searches, even though it’s legal in some other states. Under [Texas Code of Criminal Procedure Article 18.16](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm), an officer who sees or smells evidence of a crime may have the authority to act quickly to seize that evidence.

## Search Incident To Arrest

If you’re arrested during the stop, for example, for driving while intoxicated (DWI) or having a suspended license, the officer may be allowed to search your car. But that search must be limited to the area within your immediate control or related to the arrest. If the arrest is for an unrelated reason, and there’s no reason to suspect something illegal is in your car, the search may be unlawful.

## Inventory Searches After Impoundment

If your vehicle is impounded, law enforcement may conduct an “inventory search” of the contents. This is meant to protect your property and protect the police from claims of theft. However, we often review these searches to make sure the impoundment was lawful in the first place. If the stop or arrest wasn’t valid, the inventory search might also be thrown out.

## Plain View Doctrine: When Officers See Something Illegal

If an officer sees illegal items in plain view, such as a firearm, an open alcohol container, or drug paraphernalia, they don’t need a warrant to seize those items. However, this only applies if the officer was legally allowed to be in the position to see the item in the first place. If they were shining a flashlight through a closed trunk or digging through your glove box without permission, we may have grounds to suppress that evidence.

## Unlawful Searches And Motion To Suppress

If we believe your vehicle was searched illegally, we can file a motion to suppress under [Texas Code of Criminal Procedure Article 38.23](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-23/). This statute says that any evidence obtained in violation of your rights must be excluded from court. That means it cannot be used against you. We use this statute frequently in drug, firearm, and DWI cases involving questionable searches.

Our goal is to hold police accountable and protect your rights under Texas and federal law.

## How Police Try To Justify Illegal Searches

Officers are trained to find ways to justify searches, especially during traffic stops. They may say you were “nervous” or that your answers were “evasive.” They may claim they saw “furtive movements” or smelled drugs, even when no such evidence exists. In high-pressure situations, some officers stretch the truth. We investigate every case thoroughly, reviewing body cam footage, dash cam recordings, and officer statements to challenge unlawful searches.

## Why The Stop Matters: Was There Reasonable Suspicion?

Everything starts with the traffic stop. If the police didn’t have a valid reason to pull you over, then anything they discovered afterward could be inadmissible. Under Texas law, officers must have reasonable suspicion to initiate a traffic stop. This could be a broken taillight, speeding, or a failure to signal. If the stop itself was unlawful, we may be able to get the entire case dismissed.

## FAQs About Texas Vehicle Searches During Traffic Stops

### Can I Refuse A Vehicle Search During A Traffic Stop In Texas?

Yes. You have the right to refuse a search if the officer doesn’t have a warrant or probable cause. Politely saying, “I do not consent to a search,” is enough. Never resist physically, but make your refusal clear.

### What Happens If I Say No To A Search?

If you decline a search, the officer must either let you go or provide a legal justification to search without your permission. If they search anyway without legal cause, that may be a Fourth Amendment violation, and we can challenge the evidence.

### Can Police Search My Trunk Without A Warrant?

Officers cannot automatically search your trunk unless they have probable cause to believe there is evidence of a crime or unless you give them permission. The trunk is not considered within your immediate control, so it is not subject to search incident to arrest unless it falls under another exception such as a lawful inventory search. The trunk is considered more private than the passenger area.

### What If Police Say They Smell Marijuana But Don’t Find Any?

Even if nothing is found, the smell alone can sometimes be used as justification for the search. However, we often challenge this in court, especially if there’s no other evidence or if the officer lacks credibility.

### Can They Search My Car Because I Have A Suspended License?

If you’re arrested for driving with a suspended license, the police may search the area within your immediate control at the time of arrest, typically limited to the passenger compartment. They cannot search the trunk or closed containers unless another valid legal exception applies. In sum, they cannot search the entire vehicle unless there is a valid legal reason.

### What Is A Pretext Stop?

A pretextual stop is when an officer pulls you over for a minor traffic violation with the true intent of looking for something more serious. While this practice is legal, the officer must still follow proper procedures during the stop and any search.

### What Is A Motion To Suppress And How Does It Work?

A motion to suppress is a legal tool we file to exclude evidence obtained illegally. If a judge agrees that the search violated your rights, the evidence cannot be used against you in court, which can lead to dismissal of the charges.

### Does It Matter If The Stop Was Recorded On Video?

Yes. Body cam or dash cam footage can support or contradict an officer’s claims. We obtain all available recordings and use them to support your defense, especially in search-related cases. However, understand that the absence of video in a case doesn’t mean the case automatically goes away, it is just one factor.

### What Should I Say During A Traffic Stop?

Stay calm. Provide your license, registration, and insurance. Do not answer questions beyond basic identification. You can politely say, “I choose to remain silent,” and request a lawyer if the situation escalates.

### Can Police Use Drug Dogs Without A Warrant?

Yes, but there are limits. If the stop becomes unreasonably long while waiting for a K-9 unit, it may be unconstitutional. Under the U.S. Supreme Court decision in Rodriguez v. United States, extending a traffic stop without reasonable suspicion for the sole purpose of conducting a dog sniff violates the Fourth Amendment. Courts have ruled that the stop must not be prolonged just to conduct a dog sniff.

## Call Mark Diaz & Associates If Police Searched Your Car

If you believe your rights were violated during a Texas traffic stop, we’re here to fight for you. At Mark Diaz & Associates, we take unlawful searches seriously. We’ll review every detail of your case and use every legal tool available to defend your freedom. Whether it’s a drug charge, DWI, or gun offense, we know how to challenge illegal searches and protect your future.

Contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We serve clients in Galveston and throughout all of Houston, Texas.

Let us put our experience to work for you when the police go too far.

**Categories:** Criminal Defense Lawyers

---

### [How to Defend Against Driving Without a License Charges in Galveston](https://texascriminaljustice.com/how-to-defend-against-driving-without-a-license-charges-in-galveston/)

**Published:** September 1, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![PolicemanCheckingYoungMaleDriversDocuments](https://texascriminaljustice.com/wp-content/uploads/2025/09/Diaz-1-How-to-Defend-Against-Driving-Without-a-License-Charges-in-Galveston_September-2025.jpg "PolicemanCheckingYoungMaleDriversDocuments")At Mark Diaz & Associates, we know that being charged with driving without a valid license can cause major problems in your life. These charges are often misunderstood, and many people believe they are minor offenses that will not carry lasting consequences. In Texas, however, driving without a license is a serious legal matter that can lead to fines, a permanent criminal record, and complications with your ability to obtain or keep a valid license in the future. When this charge is tied to a DWI investigation or arrest, the stakes are even higher. Our team has defended countless clients in Galveston and throughout Houston against these allegations, and we know what it takes to fight for your rights.

Texas law requires that all drivers hold a valid driver’s license to legally operate a motor vehicle on public roads. Under [Texas Transportation Code § 521.021](https://statutes.capitol.texas.gov/Docs/Tn/htm/TN.521.htm), no person may drive a motor vehicle unless they hold a valid driver’s license issued under the laws of Texas. Violating this statute can result in fines, penalties, and additional restrictions on future driving privileges. When combined with a DWI stop, driving without a license can complicate your defense strategy and expose you to harsher penalties.

## Understanding Driving Without A License Charges In Texas

Driving without a license is different from driving with a suspended or revoked license. Under [Texas Transportation Code § 521.457](https://codes.findlaw.com/tx/transportation-code/transp-sect-521-457/), driving while your license is invalid can lead to more severe penalties, especially if the suspension is related to a prior DWI conviction. However, even a first-time offense for not having a valid license can result in a Class C misdemeanor, punishable by fines of up to $200, and potential difficulties obtaining a license later.

If you are arrested for DWI while driving without a license, prosecutors may argue that you were already disregarding the law before the traffic stop. This can hurt your credibility and make it more challenging to secure a favorable outcome. That is why a strong, aggressive defense is essential.

### How We Build A Defense Against Driving Without A License Charges

We approach every case by carefully reviewing the circumstances of your stop, arrest, and any related DWI investigation. Our defense strategies may include:

- **Challenging The Traffic Stop** – Under [Texas Code of Criminal Procedure Art. 38.23](https://statutes.capitol.texas.gov/docs/cr/htm/cr.38.htm), any evidence obtained during an unlawful stop may be inadmissible against you and suppressed. If the officer had no valid reason to pull you over, we may be able to get the charges dismissed.
- **Examining Evidence Of Your License Status** – Sometimes, the state’s records are inaccurate or incomplete. If you had a valid license that was not properly updated in the system, we can present proof to have charges dropped.
- **Investigating Procedural Errors** – Law enforcement must follow specific protocols during a DWI stop and arrest. If officers violated your rights, it can weaken both the DWI and driving without a license charges.
- **Negotiating With Prosecutors** – In many cases, we can secure reduced penalties or alternative resolutions by showing mitigating factors, such as your attempts to obtain a valid license or the lack of prior offenses.
- **Preparing For Trial** – If the state refuses to offer a fair resolution, we are prepared to fight your case in court, cross-examining officers, challenging evidence, and presenting a strong defense to the jury.

### Potential Penalties For Driving Without A License In Texas

The penalties for driving without a license can vary based on the facts of your case:

- **First Offense** – Class C misdemeanor, fine up to $200.
- **Second Offense** – Fine between $25 and $200, and potential additional consequences.
- **Third Offense** – Fine up to $500, and potential jail time of up to six months.
- **If Resulting In Accident**, Penalties increase significantly if you cause an accident while driving without a license.

If combined with a DWI charge, you may also face penalties under [Texas Penal Code § 49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/), which include jail time, fines, mandatory alcohol education classes, ignition interlock devices, and suspension or revocation of future driving privileges.

## Why Hiring An Experienced Defense Lawyer Matters

These cases often seem straightforward, but small mistakes can cost you your future ability to drive legally. A conviction can show up on background checks, affect employment, and lead to steeper penalties for any future driving offenses. Our job is to attack the state’s case, protect your record, and keep you on the road legally whenever possible. With years of experience defending drivers across Galveston and Houston, we know how local prosecutors handle these cases and how to counter their arguments effectively.

## Frequently Asked Questions About Driving Without A License Charges In Texas

### What Is The Difference Between Driving Without A License And Driving With A Suspended License?

Driving without a license usually means you have never obtained a valid license or did not have it with you when stopped. Driving with a suspended license under Texas Transportation Code § 521.457 is treated more severely, particularly if the suspension was due to a prior DWI conviction.

### Can A Driving Without A License Charge Be Dismissed?

Yes, in some cases. If you had a valid license but did not have it in your possession, presenting proof can lead to dismissal. If you were unlicensed but have since obtained one, the prosecutor may agree to reduce or dismiss the charges. An experienced defense lawyer can argue for these outcomes on your behalf.

### What Happens If I Am Charged With DWI And Driving Without A License At The Same Time?

This combination can complicate your case and increase potential penalties. Prosecutors may argue you were reckless or a danger to public safety. We address each charge individually, challenging the legality of the stop, the accuracy of any sobriety testing, and the state’s evidence of your license status.

### Can I Go To Jail For Driving Without A License In Texas?

While most first offenses are punishable by fines, repeat offenses or those tied to other serious charges, like DWI or causing an accident, can result in jail time. Each case is fact-specific, and your defense strategy is critical in avoiding incarceration.

### Will A Conviction For Driving Without A License Affect My Future Driving Privileges?

Yes. A conviction can make it harder to obtain a valid license later and may lead to longer suspension periods if you are later convicted of DWI or other traffic offenses. We work to prevent this long-term impact wherever possible.

### Is It Possible To Fight A Driving Without A License Charge If I Was Visiting From Another State?

Yes. If you had a valid license from another state, we can present that evidence to have your charges dropped. Texas honors valid out-of-state licenses under Texas Transportation Code § 521.029.

### Can Police Arrest Me If I Forgot My License At Home?

If you have a valid license but did not have it on you, you may receive a citation. Once you provide proof of a valid license, the charge is often dismissed. It is still important to address the ticket properly and avoid ignoring the court date.

### Should I Plead Guilty To Get The Case Over With?

No. Pleading guilty without understanding the consequences can harm your record and future driving rights. Consulting with a lawyer gives you the best chance of dismissal, reduction of charges, or alternative resolutions that avoid lasting damage.

### How Does A Defense Lawyer Help In These Cases?

We investigate every detail of your case, challenge unlawful stops, expose errors in state records, and negotiate with prosecutors. If necessary, we build a trial strategy to fight for a not guilty verdict, using our knowledge of Texas law and local courts to your advantage.

### Can Driving Without A License Impact My Insurance Rates?

Yes. A conviction for driving without a license can lead to higher insurance premiums or even cancellation of your policy. Insurers view these charges as evidence of risky behavior. We work to avoid convictions to protect not only your legal record but also your future insurance costs.

### Can A Minor Be Charged With Driving Without A License In Texas?

Yes. If a person under the legal driving age operates a motor vehicle on a public road without a license, they can face charges under Texas law. Penalties may include fines, delays in obtaining a future license, and additional restrictions once a license is issued. We defend minors in these cases to protect their driving rights and record.

## Call Mark Diaz & Associates For Aggressive Defense Against Driving Without A License Charges

At Mark Diaz & Associates, we know how important your ability to drive is to your life and livelihood. A single charge for driving without a license, especially if tied to a DWI, can have serious consequences for years to come. We fight hard to protect your rights, challenge the state’s case, and pursue the best possible outcome for every client we represent.

If you or a loved one has been charged with driving without a license in Galveston or anywhere in Houston, contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170) for a [free consultation](/landing-form/). Our criminal defense law firm is ready to stand between you and the full weight of the state’s prosecution, delivering strong, smart defense strategies to protect your future.

**Categories:** Criminal Defense Lawyers

---

### [What Happens If You’re Accused Of Sexual Assault In A College Setting In Texas?](https://texascriminaljustice.com/what-happens-if-youre-accused-of-sexual-assault-in-a-college-setting-in-texas/)

**Published:** September 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![SexualAssaultAwareness&#150;CautionSignHighlightingTheUrgencyOf](https://texascriminaljustice.com/wp-content/uploads/2025/09/Diaz-2-What-Happens-If-Youre-Accused-of-Sexual-Assault-in-a-College-Setting-in-Texas_September-2025.jpg "SexualAssaultAwareness&#150;CautionSignHighlightingTheUrgencyOf")At Mark Diaz & Associates, we know that being accused of sexual assault is one of the most serious and damaging allegations a person can face, particularly in a college setting. The stakes are incredibly high. Not only do you risk criminal charges under Texas law, but you also face possible disciplinary action from the college or university. Both processes can run simultaneously, each carrying its own set of consequences that could alter your life permanently. If you or someone you care about has been accused, understanding your rights and taking immediate action is critical.

In Texas, sexual assault allegations are prosecuted aggressively. Under [Texas Penal Code § 22.011](https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm), sexual assault is defined as intentionally or knowingly causing sexual contact or penetration without the other person’s consent. In a college setting, accusations often arise in situations involving alcohol or drug use, misunderstandings about consent, or conflicting accounts of what occurred. The combination of a criminal investigation and campus disciplinary proceedings creates a complicated legal battle that requires skilled and aggressive defense.

## Understanding The Criminal Process For Sexual Assault Allegations In Texas

When an accusation of sexual assault is made on or off-campus, law enforcement may open an investigation. The alleged victim can file a police report, triggering a potential criminal case. The police will interview witnesses, collect physical evidence, review text messages or social media, and may request a sexual assault forensic exam (SAFE kit, sometimes also referred to as a “rape kit”). If the investigation develops probable cause, prosecutors may file charges.

Sexual assault in Texas is generally classified as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000 under [Texas Penal Code § 12.33](https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm#:~:text=September%201%2C%202009.-,Sec.,or%20less%20than%202%20years.). Certain aggravating factors, such as the use of violence, threats, or if the alleged victim was underage, can enhance the charge to aggravated sexual assault, a first-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000 under Texas Penal Code § 22.021.

Aside from prison time and fines, a conviction for sexual assault requires registration as a sex offender under [Texas Code of Criminal Procedure Chapter 62](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.62.htm), which can last a decade or a lifetime depending on the offense. This is a lifelong label that affects housing, employment, and social relationships.

### College Disciplinary Proceedings And Title IX Investigations

Colleges and universities in Texas are required under Title IX of the Education Amendments of 1972 to investigate allegations of sexual misconduct involving students. These proceedings are separate from the criminal justice process and often have lower standards of proof. While a criminal case requires proof beyond a reasonable doubt, a campus disciplinary board may find responsibility based on a “preponderance of the evidence,” meaning it is more likely than not that the conduct occurred.

Potential consequences of a Title IX finding include:

- Suspension or expulsion from school
- Loss of scholarships or financial aid
- Permanent marks on your academic record
- Restrictions from certain campus facilities or activities

Even if criminal charges are never filed or are later dismissed, a Title IX ruling can still severely impact your education and future career prospects.

### Immediate Steps To Take If Accused

Time is critical. If you are accused of sexual assault in a college setting, you should:

- Remain silent and do not speak to police, investigators, or school officials without an attorney present.
- Preserve evidence such as text messages, emails, social media posts, or witness names that may support your version of events.
- Avoid contact with the accuser or potential witnesses, as this could be seen as intimidation or retaliation.
- Contact a criminal defense attorney immediately to protect your rights in both the criminal and Title IX processes.

Having an attorney early allows us to guide you through questioning, help you prepare for campus hearings, and begin building a defense strategy immediately.

### Potential Defenses Against Sexual Assault Allegations

Every case is unique, but common defenses we use include:

- **Consent** – Demonstrating that the sexual activity was consensual through witness testimony, messages, or other evidence.
- **False allegations** – Showing that the accusation is fabricated or motivated by personal, academic, or social reasons.
- **Insufficient evidence** – Challenging the reliability of witness statements, forensic evidence, or investigative procedures.
- **Violation of rights** – If law enforcement or school officials violated your constitutional rights during questioning, search, or evidence collection, we move to suppress unlawfully obtained evidence.

We approach these cases aggressively, challenging every piece of the prosecution’s case while preparing to expose weaknesses and inconsistencies.

### How Texas Law Handles Alcohol And Consent Issues

Many college sexual assault allegations involve alcohol or drug use. Under Texas law, a person cannot legally consent to sexual activity if they are unconscious or incapable of resisting due to intoxication. However, proving incapacity is complex and often comes down to witness statements or disputed interpretations of behavior.

We scrutinize every detail of the events leading up to the accusation, including:

- Who provided or consumed alcohol and in what amounts
- The timeline of events and witness credibility
- Whether there were mixed signals or consensual acts earlier in the encounter

These cases are often built on gray areas and conflicting memories, making skilled defense essential.

### Why Having A Strong Defense Team Matters

An accusation of sexual assault in a college setting can derail your education, career, and personal life even without a conviction. Media attention, social stigma, and school disciplinary actions can cause damage that is hard to repair. Our firm fights to protect your name and your future. We are relentless in defending our clients, challenging unfair proceedings, and forcing prosecutors and schools to follow the law and respect your rights.

## Frequently Asked Questions About Sexual Assault Accusations In Texas College Settings

### Can I Be Expelled From College Without A Criminal Conviction?

Yes. Title IX investigations have a lower standard of proof than criminal courts. You can face suspension or expulsion based solely on the university’s findings, even if you are never convicted in court.

### Should I Talk To Campus Investigators Without A Lawyer?

No. Statements you make during campus proceedings can be used against you in a criminal case. Always consult an attorney before answering any questions or attending interviews.

### What Happens If The Police Contact Me About The Accusation?

You have the right to remain silent and to have legal representation during questioning. Politely state that you want to speak with an attorney before answering any questions.

### Can Text Messages Or Social Media Posts Help My Defense?

Yes. Digital communications can show context, consent, or inconsistencies in the accuser’s story. Preserve all potential evidence and share it with your attorney immediately.

### What Are The Penalties For Sexual Assault In Texas?

Sexual assault is a second-degree felony punishable by 2 to 20 years in prison and up to $10,000 in fines under Texas Penal Code § 12.33. Aggravated sexual assault carries harsher penalties, including up to life imprisonment.

### What Is The Sex Offender Registration Requirement?

A conviction for sexual assault generally requires registration as a sex offender under Texas Code of Criminal Procedure Chapter 62. This can last for years or life, severely impacting where you live and work.

### Can I Face Both A Criminal Trial And A Title IX Hearing?

Yes. These are separate processes. A university can hold disciplinary hearings regardless of the outcome of your criminal case.

### How Long Do I Have To Respond To A Title IX Notice?

Deadlines vary by institution but are often short. Contact an attorney immediately to ensure you meet all response deadlines and prepare an effective defense.

### What Should I Do If A Protective Order Is Filed Against Me?

Follow the order strictly to avoid additional charges. Provide the order to your attorney, who can challenge it in court if it was improperly issued.

### Can False Allegations Be Prosecuted?

In some cases, making a false police report can result in criminal charges against the accuser under Texas Penal Code § 37.08. However, proving false reporting is challenging and requires strong evidence.

### What If I Am Found Not Guilty In Criminal Court But Expelled From College?

Unfortunately, acquittal does not guarantee reinstatement in school. You may have grounds to appeal the school’s decision or pursue legal action if due process was violated.

## Call Mark Diaz & Associates For Aggressive Defense Against Sexual Assault Allegations In Texas College Settings

An accusation of sexual assault in a college setting is a crisis that demands immediate and skilled legal representation. At Mark Diaz & Associates, we know what it takes to defend these cases in both criminal courts and campus hearings. We fight hard to protect your rights, your education, and your future.

Contact our [Texas sexual assault attorney](/sexual-assault/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our firm represents clients in Galveston, Houston, and throughout Texas. If you are facing these life-changing accusations, put a team of determined criminal defense attorneys in your corner today.

**Categories:** Sexual Assault Attorney

---

### [Can You Be Arrested For Texting Explicit Images In Texas? (Sexting & The Law)](https://texascriminaljustice.com/can-you-be-arrested-for-texting-explicit-images-in-texas-sexting-the-law/)

**Published:** September 15, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![TheQuestionCanSextingRuinYourLifeOn](https://texascriminaljustice.com/wp-content/uploads/2025/09/Diaz-3-Can-You-Be-Arrested-for-Texting-Explicit-Images-in-Texas_September-2025.jpg "TheQuestionCanSextingRuinYourLifeOn")At Mark Diaz & Associates, we know that one text message can change your life. In today’s digital world, sending or receiving explicit images, often called “sexting,” is common among adults and teens. But what many people do not realize is that Texas law treats certain forms of sexting as a serious crime. Depending on the circumstances, a single image sent from your phone can lead to criminal charges, arrest, and life-altering consequences. We have seen firsthand how quickly these cases escalate, and we want you to understand the risks and your rights under Texas law.

Texas does not have one simple “sexting law.” Instead, prosecutors may charge sexting-related behavior under a variety of criminal statutes, including laws on child pornography, harassment, and even obscenity. In some cases, adults can face felony charges for sending sexual images to a minor, and teens can face prosecution for sharing images of themselves or others. The legal landscape is complicated, and mistakes in judgment or misunderstandings can result in arrests that leave permanent marks on a person’s record.

## How Sexting Can Lead To Criminal Charges In Texas

Sexting between consenting adults is generally not illegal in Texas. Problems arise when:

- One of the individuals is under 18 years old.
- The image is considered obscene or lewd under Texas law.
- Images are shared without the other person’s consent.
- There is evidence of coercion, threats, or harassment.

Under [Texas Penal Code § 21.16](https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm), it is a crime to send intimate images without the recipient’s consent, often called “unlawful disclosure or promotion of intimate visual material.” This is typically charged as a state jail felony, punishable by up to two years in a state jail facility and fines up to $10,000.

If a minor is involved, prosecutors may pursue charges under [Texas Penal Code § 43.26](https://statutes.capitol.texas.gov/docs/pe/htm/pe.43.htm), which makes possession or promotion of child pornography a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. Even if a minor willingly sends an explicit image of themselves, adults who receive or forward that image can face child pornography charges.

### Sexting And Juvenile Offenders

Texas law recognizes that teens often share explicit images without understanding the consequences. Under [Texas Penal Code § 43.261](https://statutes.capitol.texas.gov/docs/pe/htm/pe.43.htm), a minor under 18 who sends or possesses explicit images may face a Class C misdemeanor in limited situations, often with mandatory education or counseling. However, if images are shared, depict younger children, or are distributed broadly, charges can escalate to felonies under child pornography laws.”

In some juvenile sexting cases, registration as a sex offender is possible, especially if the case escalates into child pornography charges. Courts have some discretion, but the consequences can still be severe. We work aggressively to defend minors in these cases and to keep them out of the adult criminal system.

### How Sexting Can Lead To Arrests

Law enforcement in Texas treats sexting allegations seriously, especially when minors are involved. Investigations often start when:

- A parent discovers messages on a phone and reports it to the police.
- A school administrator learns of shared explicit images.
- A recipient reports non-consensual or threatening messages.

Police can obtain search warrants for phones and social media accounts. Once images are found, arrests often follow quickly. Many clients come to us shocked at how fast a private text conversation turns into criminal prosecution.

### Possible Defenses To Sexting Charges

Not every accusation leads to a conviction. We examine every angle of your case to find defenses that protect your rights. Possible defenses include:

- Lack of Intent – The state must prove you knowingly sent or possessed illegal images.
- Illegal Search And Seizure – If law enforcement obtained evidence without a valid warrant, we can fight to suppress it.

Our goal is to dismantle weak evidence, challenge improper police procedures, and push for dismissals or reduced charges.

### Consequences Of Sexting Arrests In Texas

Convictions for sexting-related charges can lead to:

- Felony records that cannot be sealed or expunged.
- Mandatory sex offender registration for certain offenses.
- Jail or prison time, probation, and heavy fines.
- Damage to your personal reputation, career, and family relationships.

The stakes are high, and you need experienced defense lawyers who understand how Texas prosecutors build these cases.

## Frequently Asked Questions About Sexting And Texas Law

### Can I Be Arrested For Sexting Another Adult In Texas?

Generally, consensual sexting between adults is not illegal. However, if you send intimate images without the other person’s consent or share them publicly, you could face felony charges under [Texas Penal Code § 21.16](https://codes.findlaw.com/tx/penal-code/penal-sect-21-15/).

### What If The Other Person Lied About Their Age?

If a minor misrepresents their age online and you send explicit images, you can still face charges. Each case depends on its specific facts, and we carefully analyze all communications and circumstances.

### Can A Teenager Face Charges For Sexting Another Teenager?

Yes. Texas law allows the prosecution of minors for sending or receiving explicit images. Under Texas Penal Code § 43.261, this can be a Class C misdemeanor, but if images are shared or involve younger minors, charges can escalate to felonies under child pornography laws.

### Will I Have To Register As A Sex Offender?

Certain convictions, particularly those under [Texas Penal Code § 43.26](https://statutes.capitol.texas.gov/docs/pe/htm/pe.43.htm) related to child pornography, require sex offender registration. This can be a lifetime requirement. Avoiding this outcome is one of our top priorities when defending sexting cases if it is at all possible.

### What Should I Do If Police Contact Me About Sexting Allegations?

Do not speak to police without a lawyer present. Anything you say can be used against you. Call an experienced criminal defense attorney immediately to protect your rights and guide you through the investigation.

### Can Images On My Phone Be Used As Evidence Against Me?

Yes. Police can seize phones and computers with a warrant and use recovered images as evidence. We examine whether searches were lawful and challenge any violations of your Fourth Amendment rights.

### How Can A Lawyer Help In A Sexting Case?

We provide aggressive defense by investigating the allegations, reviewing search warrants, questioning the reliability of digital evidence, and negotiating with prosecutors. In many cases, we can avoid charges, reduce penalties, or secure dismissals through strategic defense tactics.

### What Are The Penalties For Sexting Involving A Minor?

Penalties vary from Class C misdemeanors for minors to second-degree or even first-degree felonies for adults who share explicit images of minors. Sentences can include fines, probation, years in prison, and mandatory sex offender registration.

### Can I Be Charged Even If I Never Sent The Image?

Possession of illegal images alone can result in charges under Texas Penal Code § 43.26. Simply having explicit images of a minor on your device can lead to serious felony prosecution.

### Is It Possible To Seal Or Expunge A Sexting Conviction In Texas?

Some misdemeanor juvenile cases can be sealed. However, felony convictions for child pornography or unlawful image disclosure are almost never eligible for expungement or sealing. This makes it critical to fight charges from the start.

## Call Mark Diaz & Associates For Aggressive Defense In Sexting Cases

At Mark Diaz & Associates, we know how devastating a sexting accusation can be. We fight hard to protect your reputation, your freedom, and your future. Our attorneys have extensive experience challenging digital evidence and exposing weaknesses in prosecution cases.

If you are under investigation or have been arrested for texting explicit images, do not wait. Contact our [Texas sexting attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We defend clients in Galveston, Houston, and throughout Texas, providing strong, strategic representation when your future is on the line.

**Categories:** Sexting Attorney

---

### [Understanding Jury Selection and Its Importance in Criminal Trials](https://texascriminaljustice.com/jury-selection-guide/)

**Published:** April 9, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Empty jury box with blue chairs and wooden paneling in a formal courtroom setting, representing the jury selection process.](https://texascriminaljustice.com/wp-content/uploads/2025/12/auditorium-6795423_1280.jpg "auditorium-6795423_1280")

Jury selection is a crucial step in any criminal trial, and the process can significantly influence the outcome of a case. In felony cases, attorneys typically bring in 60 to 65 potential jurors, who are then questioned and narrowed down through a process called “voir dire” (jury selection). The judge asks preliminary questions to eliminate unsuitable candidates, after which both the prosecution and defense ask their own questions. The goal is to select 12 jurors and one alternate.

However, the process is not without challenges. For many jurors, it’s an uncomfortable experience. They may not know each other and may feel uneasy discussing sensitive topics in front of strangers. Additionally, many jurors are reluctant to be there due to the disruption to their personal lives, such as missing work or family obligations.

## Engaging Jurors to Identify Biases

For attorneys, one of the primary goals during jury selection is to engage with jurors to understand their biases and beliefs. This can be a difficult task, as most jurors are not used to speaking in front of a crowd. Attorneys often use strategies to encourage jurors to open up about their experiences, values, and personal biases, which could potentially affect the fairness of the trial.

For example, attorneys might ask questions to determine a juror’s stance on issues such as the defendant’s right to remain silent or their views on the range of punishment in certain crimes. The responses are crucial because they help determine which jurors are fit for the case. A successful attorney will engage jurors directly, asking open-ended questions rather than relying on scripted inquiries. This helps to uncover information that may not be immediately apparent.

## Tailoring Jury Selection to the Case

The jury selection strategy varies depending on the specifics of the case. For example, if a case involves animal cruelty, an attorney may want to avoid jurors who are strong animal rights advocates. On the other hand, if the defendant belongs to a particular race, the attorney might want to consider the racial makeup of the jury to ensure fairness.

An attorney’s strategy could also change based on the defendant’s background. In cases where the defendant does not speak English, for instance, an attorney may look for jurors who will be empathetic or understanding of the language barrier, while also ensuring that the jurors are comfortable with the use of a translator.

## The Psychological Element of Jury Selection

Jury selection is not only about asking questions but also about reading non-verbal cues. Experienced attorneys will observe jurors’ body language and facial expressions to gauge their reactions to certain questions or statements. These non-verbal clues can offer valuable insight into a juror’s potential biases or opinions.

For example, attorneys often rely on subtle visual cues, such as how a juror reacts to certain lines of questioning or their willingness to engage in conversation. A skilled attorney can use this information to inform their decisions about which jurors to keep or dismiss.

## The Impact of Juror Backgrounds on Trial Strategy

A juror’s background, including their age, occupation, and personal experiences, plays a significant role in how they might perceive the facts of a case. For instance, if a case involves a child victim, an attorney might prefer to have jurors who are older and no longer have young children or grandchildren. This is because jurors with young children may be emotionally swayed by the victim’s age, which could affect their judgment.

In other cases, attorneys may seek jurors with specific professional backgrounds. For example, if a case involves complex medical evidence, an attorney might want jurors with a medical background to help them understand and process the information. Conversely, if medical facts are not favorable to the defense, the attorney may prefer jurors without medical knowledge.

## Adjusting the Defense Strategy After Jury Selection

Once the jury is selected, the defense attorney typically does not change their entire strategy based on the composition of the jury. However, the attorney may adjust certain aspects of their approach, such as tailoring their opening statement or adjusting the tone of their closing argument based on the dynamics of the jury. The defense attorney may also make eye contact with certain jurors who seem to be more engaged, ensuring they are addressing the right people throughout the trial.

While the defense strategy remains largely unchanged, the way the case is presented may shift slightly depending on the jury’s makeup. The overall goal is to ensure that the defense is presented clearly and persuasively to those who will be making the ultimate decision.

## Strikes for Cause and Peremptory Strikes

During jury selection, attorneys have the right to challenge certain jurors. There are two types of strikes: strikes for cause and peremptory strikes. Strikes for cause occur when a juror is found to be biased or unable to fairly decide the case. For example, a juror might be disqualified if they express an inability to be impartial or if they cannot consider the full range of possible punishments for a crime.

Each side is also allowed a limited number of peremptory strikes, which can be used to dismiss jurors without providing a specific reason. However, these strikes cannot be used based on racial discrimination. Once jury selection is complete, both the prosecution and defense will have agreed on the final jurors, after which the trial can begin.

## The Importance of Jury Selection in a Criminal Case

The jury selection process can significantly impact the outcome of a criminal case. While an attorney’s strategy will evolve based on the facts and evidence presented during the trial, the jurors selected play a pivotal role in determining the verdict. A strong jury selection process helps ensure that the jury is impartial and that each juror is capable of making a fair decision.

Jury selection is a dynamic, multifaceted process that requires skill, experience, and a deep understanding of human behavior. Attorneys must not only consider the verbal responses of potential jurors but also interpret non-verbal cues and consider the broader demographics of the jury. The ability to select the right jury is a vital part of any criminal defense strategy and can make all the difference in the outcome of the case.

**Categories:** Criminal defense attorney, Criminal Defense Lawyer

---

### [Navigating Deferred Adjudication: How a Criminal Defense Attorney Can Help](https://texascriminaljustice.com/how-a-criminal-defense-attorney-can-help/)

**Published:** April 25, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Navigating Deferred Adjudication: How a Criminal Defense Attorney Can Help](https://texascriminaljustice.com/wp-content/uploads/2025/12/criminal-8444883_1280.jpg "criminal-8444883_1280")

Deferred adjudication is a form of community supervision, which is often referred to as probation. The key difference between deferred adjudication and standard probation is that, if a defendant successfully completes the terms of deferred adjudication, they will not be convicted. For example, if someone receives a one-year deferred adjudication for a DWI, the charge is dismissed at the end of the term, and the individual is not convicted. This applies not only to DWIs but also to other criminal cases, even felonies, although there are some distinctions.

For DWI cases specifically, deferred adjudication is available for first-time offenders, and it applies only to misdemeanor charges. Once a person has committed a third or more DWI offense, deferred adjudication is not an option. If someone successfully completes the terms of a first offense DWI with deferred adjudication, it won’t show up on their criminal record, which can have significant advantages, especially if they are a first-time offender without a criminal history.

## Eligibility for Deferred Adjudication

To be eligible for deferred adjudication on a [DWI charge](/dwi-charges/), a defendant typically must be a first-time offender with no prior criminal history. There is also a local program called pretrial intervention that may be offered to first-time offenders who have a blood alcohol concentration (BAC) under 0.15. If a defendant has a felony charge or a prior criminal record, they are unlikely to be offered deferred adjudication. The program is designed for individuals without significant history in the criminal justice system.

## Requirements and Steps for Completing Deferred Adjudication

Deferred adjudication typically lasts between 12 and 24 months, though 12 to 18 months is more common. During this time, the defendant is required to report regularly to a probation officer, complete community service hours, pay fines and court costs, and submit to random drug and alcohol tests. These conditions are similar to what is expected from standard probation, but the key difference is that the case will be dismissed if the individual successfully completes the terms of their deferred adjudication.

## Alcohol and Drug Testing during Deferred Adjudication

While on deferred adjudication, defendants are required to abstain from alcohol and drugs. The probation officer may administer random tests, and if someone is found to have consumed alcohol or drugs, they could face consequences, including a possible revocation of their deferred status. In particular, it is advisable not to consume alcohol within 72 hours before meeting with the probation officer to avoid failing a random drug or alcohol test.

## Deferred Adjudication vs. Standard Plea or Conviction

The most significant difference between deferred adjudication and a standard plea is that a standard plea involves pleading guilty or no contest, and the judge imposes a sentence, which often includes probation or jail time. In contrast, with deferred adjudication, a defendant pleads guilty or no contest, but the judge places the individual on community supervision. If the defendant successfully completes the terms of the deferred adjudication, the case is dismissed, and they do not have a conviction on their record.

In terms of penalties, deferred adjudication can also help avoid some of the other consequences of a conviction, such as a driver’s license suspension. If someone is convicted of a DWI, their license may be automatically suspended. However, there are circumstances in which an attorney can request that the court give credit for the time the defendant’s license was already suspended during the arrest phase.

## Advantages of Deferred Adjudication

The primary advantage of deferred adjudication is that the defendant will not be convicted, which means they will avoid a criminal record. This is a major benefit, particularly for those who do not have a criminal history. It also allows a person to avoid the more severe consequences that could arise from a conviction, such as a driver’s license suspension or a permanent criminal record.

Another advantage is that the individual may be able to negotiate for an occupational driver’s license, which allows them to drive for work or other necessary purposes if their license is suspended due to a DWI conviction.

## Consequences of Violating Deferred Adjudication Terms

If a defendant violates the terms of their deferred adjudication, the judge has the discretion to impose the full range of penalties available for the offense. For example, a Class B misdemeanor DWI can result in up to 180 days in jail and a $2,000 fine. In some cases, judges may impose harsher penalties, such as jail time. Violations could include failing a drug test or committing other offenses while on probation. When a defendant violates their deferred adjudication, they do not have the right to a jury trial. Instead, they will have a hearing before the judge to determine whether they violated the terms and what punishment should be imposed.

## Should Defendants Always Choose Deferred Adjudication?

Whether a defendant should opt for deferred adjudication depends on their individual situation. Some individuals, particularly those who are self-employed or have jobs where a criminal record would not be an issue, might prefer to accept a time-served plea or simply pay a fine. On the other hand, for individuals who rely on their driving privileges or who have jobs that could be impacted by a criminal record, deferred adjudication is often a preferable choice.

Ultimately, the decision to choose deferred adjudication comes down to the individual’s circumstances, including their personal and professional life. An attorney can help guide them through the decision-making process and offer alternatives depending on their case.

## The Process of Seeking Deferred Adjudication

A criminal defense attorney does not automatically aim to secure deferred adjudication for every client. The attorney’s first goal is to assess whether the case can be won, including identifying potential flaws in the evidence, such as issues with the initial traffic stop, the administration of breath tests, or the blood draw process. If the case cannot be won, the attorney will explore the best available resolution, which could include deferred adjudication. The decision to pursue deferred adjudication is not based solely on the desire to avoid a conviction but on a thorough analysis of the case’s merits.

## Conclusion

Deferred adjudication can be an excellent option for first-time DWI offenders who meet the eligibility criteria. It offers the chance for the charge to be dismissed without a conviction, allowing individuals to avoid a criminal record. However, defendants must carefully consider the terms and the consequences of failing to comply with the requirements of deferred adjudication. Each case is unique, and working with an experienced criminal defense attorney is crucial to determining the best possible resolution.

**Categories:** Criminal Defense Lawyer

---

### [Overview of Gun Charges in Texas](https://texascriminaljustice.com/overview-of-gun-charges-in-texas/)

**Published:** May 2, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![A wooden gavel resting on its block next to a stack of two law books on a light wooden table. Represents the legal implications and defense strategy for Texas gun and firearm charges.](https://texascriminaljustice.com/wp-content/uploads/2025/12/hammer-620011_1280.jpg "hammer-620011_1280")

In Texas, gun charges can vary significantly depending on the circumstances. At the state level, charges range from misdemeanor offenses, such as unlawful carrying of a weapon or carrying a weapon in a prohibited place, to more serious felony charges, including unlawful possession by a person with a prior felony conviction. For misdemeanor charges, penalties can include deferred probation, time served, fines, or the opportunity to attend a class for a possible dismissal. In some cases, individuals can successfully argue that the weapon was not being carried illegally, leading to the dismissal of charges.

Felony charges, especially involving convicted felons carrying weapons, often come with a greater focus on prison time. However, in many cases, the defense may be able to reduce such charges to misdemeanors. More complex cases, such as those involving federal law, can involve additional complications, like possession of prohibited weapons or enhancements related to using a firearm during a drug crime. Federal gun charges are typically much more severe than those at the state level.

## Determining the Legality of Gun Possession in Texas

Texas law differentiates between legal and illegal gun possession based on various factors. Texas issues licenses to carry firearms, but even with a license, certain areas remain off-limits, such as places where alcohol makes up more than 51% of sales—like bars. A license to carry also doesn’t cover possession of a weapon while committing a crime. For example, if someone with a license to carry is arrested for DWI, they may also face charges for unlawfully carrying a weapon, though these cases are often dismissed.

Other common issues include individuals possessing guns while committing crimes, which is illegal. While Texas is relatively lenient with gun ownership compared to some other states, there are still restrictions and guidelines in place.

## Self-Defense and Firearm Use

Self-defense laws in Texas can complicate gun charge cases, particularly when someone is accused of using a firearm in a criminal manner. For instance, if a person is caught in the middle of committing a crime, such as robbing a bank, they cannot claim self-defense. Additionally, a convicted felon is prohibited from claiming self-defense if they are caught carrying a weapon because they are not legally allowed to possess one.

There are situations where self-defense applies, such as when a person uses a firearm to protect themselves from an intruder breaking into their home. However, if the firearm used in self-defense is illegal, such as one with a Glock switch that turns a pistol into an automatic weapon, the person may face charges for illegal possession.

## Carrying Firearms in Prohibited Areas

In Texas, carrying a firearm in a prohibited area, such as a school, government building, or bar, can result in charges. While carrying a weapon in a prohibited area is generally a misdemeanor, certain places are explicitly off-limits. For example, bars that derive 51% or more of their income from alcohol are considered prohibited areas. However, restaurants where alcohol is sold, but food is the primary revenue source, allow licensed carriers to bring their firearms.

Even though it is not mandatory to have a license to carry in Texas, having one provides certain benefits. The process to obtain a license includes passing a class and demonstrating proficiency with the firearm. Licensed individuals are also required to inform law enforcement of their license when interacting with them, such as during a traffic stop.

## Common Gun Charge Cases

Many gun charge cases arise in connection with other offenses. For instance, a frequent issue involves individuals who are convicted felons in possession of a weapon, which is illegal. Another common situation occurs when a person is charged with unlawful carrying of a weapon while committing another crime, like driving while intoxicated (DWI). These cases often lead to charges being dismissed, especially if the firearm is not a primary issue in the case.

One example involved a person in a souped-up car who was pulled over for “racing” after burning out at a traffic light. While the officer charged the individual with both racing and unlawful possession of a weapon, the charges were dismissed when it was determined that the person was not legally “racing.”

## Impact of Gun Charges on Criminal Cases

When gun charges are involved in a criminal case, they are often treated as separate issues, though they can influence the outcome of negotiations. In some cases, the prosecution may offer to reduce the main charge if the defendant agrees to forfeit the weapon. However, the presence of a firearm can still significantly affect the direction of the case, especially when connected to other criminal activities.

In some instances, gun charges are dismissed entirely. For example, a case where someone was not committing a crime in accordance with the statute could lead to a dismissal of both the primary charge and any related gun charges.

## Conclusion

Texas law provides a variety of protections and regulations for gun owners, but violations can lead to serious consequences. Gun charges can range from misdemeanors to felonies and are often connected to other criminal activities. Whether facing charges for unlawful possession or carrying in a prohibited area, individuals may face severe legal penalties. Understanding the laws surrounding gun possession, particularly when combined with other crimes, is essential for anyone navigating these charges in Texas.

**Categories:** Criminal Defense Lawyer

---

### [What To Do After Getting Arrested in Texas: First 72 Hours Critical Guide & FAQ](https://texascriminaljustice.com/after-arrest-texas-guide/)

**Published:** June 4, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Close-up of a person’s hands gripping jail bars, symbolizing arrest and incarceration.](https://texascriminaljustice.com/wp-content/uploads/2025/06/defense-attorney-840062_1280.jpg "defense-attorney-840062_1280")

## How important is posting bail after an arrest?

The first priority after an arrest is to get out of jail by posting bond. Once released, immediately begin searching for a qualified attorney to represent your case.

## What should you look for when choosing a criminal defense attorney?

Visit several lawyers in their offices for personal consultations. Choose someone you feel comfortable working with, as their representation could affect the rest of your life. Consider factors like accessibility, ease of scheduling appointments, and communication style. The attorney-client relationship requires trust and compatibility, as you’ll need to be completely honest about your case details.

## Why is remaining silent during and after arrest crucial?

Everything said after arrest can be used against you in court. Attempting to explain the situation could lock your attorney into a defense strategy that may not be optimal. While exercising your right to remain silent, maintain a respectful demeanor since body camera footage will likely be reviewed in court. A suggested response: “I’ve spoken with a lawyer before and he told me I should exercise my right to remain silent.”

## What does the booking and bail process look like in Galveston County?

After arrest, processing at county jail takes several hours, varying based on time of day and number of people being booked. For certain offenses, defendants must see a magistrate for bond setting, which occurs at 6am or 6pm daily. Once bond is set, you can post cash bond or use a bonding company.

## Why is timing critical in hiring an attorney?

Early legal representation allows attorneys to:

- Secure surveillance footage before it’s overwritten
- Interview witnesses while memories are fresh
- Challenge driver’s license suspensions (in DWI cases)
- Preserve crucial evidence
- Address time-sensitive legal matters

## What are common mistakes to avoid in the first 72 hours?

- Talking too much or giving statements to law enforcement
- Violating protective orders
- Posting about the arrest on social media
- Contacting victims or witnesses
- Sharing case details online
- Posting photos that could be used as evidence

## How should you handle stress and daily life after arrest?

Don’t assume an arrest has ruined your life. Continue normal activities and employment if possible. Let your attorney handle the legal stress while you maintain your routine. Many cases can be resolved favorably, potentially leading to case dismissal or record expungement.

**Categories:** Criminal defense attorney, Criminal Defense Lawyer

---

### [Understanding Plea Deals in Texas Criminal Cases: A Comprehensive Guide](https://texascriminaljustice.com/texas-plea-deals-guide/)

**Published:** July 3, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Scales of justice and legal books on a desk, symbolizing plea negotiations and court decisions.](https://texascriminaljustice.com/wp-content/uploads/2025/07/hammer-620011_1280-1.jpg "hammer-620011_1280 1")

## What exactly are plea deals and how common are they in Texas courts?

Plea bargaining is the primary method of resolving most criminal cases in Texas courts. While certain cases like capital murder typically don’t receive plea offers, almost every other type of case involves some form of plea negotiation. Without plea deals, the court system would face years of backlog as every case would need to go to trial.

## How does the negotiation process work in plea deals?

The negotiation process can involve multiple aspects, including the length of probated sentences, type of probation (straight probation leading to conviction vs. deferred adjudication leading to dismissal), and reporting terms. For felony cases, negotiations might involve reducing charges to misdemeanors. Each case’s circumstances, including the defendant’s history and specific facts, influence the negotiation process.

## What are the risks of going to trial versus accepting a plea deal?

The biggest risk of going to trial is the certainty of conviction if found guilty. With a negotiated plea deal for deferred adjudication, defendants can avoid conviction entirely. The unpredictability of jury decisions – whether it’s 12 citizens for felony cases or 6 for misdemeanors – makes trials inherently risky, even with strong cases.

## How do plea deals affect criminal records?

The impact on criminal records depends on the type of plea agreement. Deferred adjudication ultimately leads to no conviction, while straight probation results in a permanent conviction. Some offenses, like theft, are considered crimes of moral turpitude and can severely impact future employment opportunities. It’s crucial to understand these collateral consequences before accepting any plea deal.

## Why is legal representation important in plea negotiations?

Prosecutors aren’t obligated to explain all consequences of a plea deal to defendants. While they might offer seemingly attractive deals like “time served,” they don’t have to explain the lasting impact on criminal records or future opportunities. Professional legal representation ensures understanding of all consequences and protection of defendants’ rights.

## How can an experienced attorney improve plea deal outcomes?

Attorneys can negotiate better terms based on specific circumstances, such as adjusting probation lengths to accommodate professional license renewals or reducing felonies to misdemeanors. Their knowledge of local courts, relationships with prosecutors and judges, and understanding of case nuances can significantly impact the outcome.

## What are red flags in plea deal offers?

Unusually favorable initial offers might indicate weaknesses in the prosecution’s case that warrant further investigation. Conversely, exceptionally harsh initial offers might suggest overlooked aspects of the case that need examination. Experienced attorneys recognize these signs and can adjust their negotiation strategies accordingly.

**Categories:** Criminal defense attorney, Criminal Defense Lawyer

---

### [Understanding Search and Seizure Rights in Texas: A Comprehensive Guide to Police Encounters](https://texascriminaljustice.com/texas-search-and-seizure-rights/)

**Published:** August 7, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Police vehicle with flashing lights, representing law enforcement searches and citizen rights.](https://texascriminaljustice.com/wp-content/uploads/2025/12/police-5226674_1280.jpg "police-5226674_1280")

## What exactly is search and seizure under Texas law?

Search and seizure refers to law enforcement’s authority to search your property, person, house, or car to find evidence that could be used against you in legal proceedings. It’s a critical aspect of law enforcement operations but comes with specific rules and limitations.

## When can police legally search my property without consent?

For vehicles, the odor of marijuana can justify a search without consent if officers can properly document it. Houses almost always require a warrant unless there’s immediate danger or officers are in hot pursuit of someone who committed a serious offense. Personal searches depend on the encounter – officers can perform safety frisks in certain investigative situations but cannot exceed reasonable boundaries.

## Why shouldn’t I consent to a search if I have nothing to hide?

Officers typically don’t request searches without underlying suspicion. Even law-abiding citizens should respectfully decline searches because consenting waives your constitutional protections. If you consent, officers don’t need warrants or probable cause, and anything they find can be used against you, even if it belongs to someone else.

## What happens if police conduct an illegal search?

Evidence obtained through illegal searches falls under the “fruit of the poisonous tree” doctrine and cannot be used in court. A qualified criminal defense attorney can work to identify illegal searches and move to suppress any evidence obtained unlawfully. However, these challenges are only possible if you didn’t consent to the search.

## What are my best practices during police encounters involving searches?

- Always remain respectful but firmly decline to consent to searches
- Remember that police body cameras record interactions
- Be aware that written consent forms may be presented, especially for residence searches
- Understand that declining a search may extend the encounter but preserves your legal rights
- If rights violations occur, consult an attorney before filing complaints or civil rights claims

## What’s the importance of having legal representation in search and seizure cases?

Professional legal representation is crucial because challenging illegal searches requires extensive knowledge of constitutional law and criminal procedure. An experienced attorney can identify violations, suppress illegally obtained evidence, and protect your rights throughout the legal process.

**Categories:** Criminal defense attorney, Criminal Defense Lawyer, Criminal Defense Lawyers

---

### [What Happens If You're Caught With a Gun While Committing Another Crime in Texas? A Detailed FAQ With Criminal Defense Attorney Mark Diaz](https://texascriminaljustice.com/gun-charge-during-crime-texas/)

**Published:** September 5, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![andgun placed on a law enforcement evidence table, representing firearm-related criminal charges.](https://texascriminaljustice.com/wp-content/uploads/2025/12/weapon-2701336_1280.jpg "weapon-2701336_1280")

## What happens if someone is caught with a gun during another crime in Texas, such as DWI or drug possession?

If you’re caught committing a crime like driving while intoxicated (DWI) or drug possession and you also have a firearm in your possession, you’re likely to face an additional charge—unlawful carrying of a weapon. This is particularly common in DWI cases because many Texans keep firearms in their vehicles. When police perform an inventory search before towing a vehicle, they document everything inside. If they find a firearm during this process, that discovery can lead to an extra charge on top of the initial offense. In Texas, it’s generally lawful to carry a firearm, but that right is suspended if you’re in the act of committing a crime.

## What if I have a concealed carry license or have followed all gun laws?

Even if you have a license to carry (LTC), you’re not exempt. Licensed gun owners are expected to know the law, including the fact that carrying a weapon while committing another crime is illegal. This applies equally to those with LTCs. In fact, many licensed holders are more concerned about losing their license than the criminal conviction itself. Simply put, your license does not protect you from additional charges if you’re found committing a crime while armed.

## Do these additional gun charges increase potential penalties or jail time?

On paper, yes—multiple charges can theoretically lead to increased penalties. However, in practice, it’s common for prosecutors to drop the gun charge if you plead guilty to the primary offense, such as the DWI. It’s not guaranteed, but many defense attorneys, including [Mark Diaz](/team_member/mark-diaz/), routinely see this result. Prosecutors are often willing to streamline cases by dismissing the lesser charge in favor of resolving the main one. However, this depends on the facts and severity of the case.

## Is there a difference between a licensed gun owner and a convicted felon caught with a firearm?

Absolutely. A convicted felon found with a firearm is facing a much more serious situation. While a licensed gun owner caught with a weapon during a misdemeanor crime may be charged with a misdemeanor, a felon in possession of a firearm is committing a separate felony. This significantly escalates the legal consequences and can dramatically change the course of a case.

## Can multiple charges be “stacked” to increase punishment?

Legally, yes—it’s possible for the state to seek stacked sentences, meaning one punishment is served after the other. However, in misdemeanor cases like DWI and unlawful carrying of a weapon, this is rare. Stacked sentences are more common in serious felony cases. In the vast majority of misdemeanor cases, stacking doesn’t happen.

## How do prosecutors typically handle unlawful carrying of a weapon charges?

Prosecutors often offer to dismiss the gun charge in exchange for a signed order allowing the destruction of the firearm. For many people, this is a simple trade-off to avoid a conviction. However, some individuals may decline the offer if the gun holds sentimental value, like a family heirloom. Still, most people are willing to part with the firearm in order to secure a better outcome in court.

## Can a minor offense become more serious if you’re also carrying a firearm?

In traffic-related offenses like speeding, carrying a firearm typically doesn’t elevate the charge—because a traffic violation isn’t considered a crime that supports a charge of unlawful carrying of a weapon. However, if you’re caught with drugs or another arrestable offense, even minor, it can trigger an unlawful weapon charge. So while speeding won’t lead to additional gun charges, drug possession very well could.

## What are some common defenses in these kinds of cases?

The most common defense strategy is to challenge the primary charge. If the original offense—like DWI or drug possession—is dismissed, the unlawful carrying charge often falls away too. If the firearm was actively used in the crime (e.g., a robbery), that’s a much more serious case, and defending it becomes more complex. But in most cases, the gun is simply found as a result of another issue, not used during the crime, which makes it easier to argue for dismissal if the primary offense is defeated.

## Does the location or visibility of the firearm matter?

Yes, the details matter significantly. For example, if a gun is hidden under the rear seat of a borrowed car, the defense might argue that the defendant had no knowledge of the weapon. If, however, the firearm is clearly visible—like sticking out between the seat and center console—it’s harder to claim you didn’t know it was there. These kinds of specifics can be critical in building a defense.

## What information should I share with my defense attorney if I’m arrested with a gun?

You should share everything—truthfully. Your attorney needs all the details to build the best possible defense. This includes whether the gun is registered to you, how it came into your possession, and where it was located. In Texas, there’s no gun registry beyond the original purchase, but police records will show whether the weapon has been reported stolen. If the firearm turns out to be stolen, it introduces a new layer of legal trouble, possibly implicating you in unrelated investigations. Misleading your attorney only weakens your case and risks damaging your defense in court.

---

## Conclusion

Being caught with a gun during another crime in Texas can complicate your case and potentially increase your legal exposure. Whether you’re a licensed gun owner or not, these charges are serious and require a clear, strategic defense. As [criminal defense attorney Mark Diaz](/team_member/mark-diaz/) emphasizes, your best defense starts with honesty and attention to detail. If you’re facing charges, make sure your lawyer has the complete story—it’s the only way they can effectively protect your rights.

**Categories:** Criminal defense attorney, Criminal Defense Lawyer, Criminal Defense Lawyers

---

### [The Difference Between Murder, Manslaughter, And Criminally Negligent Homicide In Texas](https://texascriminaljustice.com/the-difference-between-murder-manslaughter-and-criminally-negligent-homicide-in-texas/)

**Published:** September 22, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![CrimeSceneChalkOutlineOfAVictimUnderAWheel](https://texascriminaljustice.com/wp-content/uploads/2025/09/Diaz-4-The-Difference-Between-Murder-Manslaughter-and-Criminally-Negligent-Homicide-in-Texas_September-2025.jpg "CrimeSceneChalkOutlineOfAVictimUnderAWheel")At Mark Diaz & Associates, we know how high the stakes are when someone is accused of taking another person’s life. Texas law treats homicide charges with the utmost seriousness, and the potential penalties are life-changing. Not every homicide case is the same, however. The law defines different types of homicide, each with distinct legal elements, levels of intent, and penalties. Understanding the difference between murder, manslaughter, and criminally negligent homicide can help you or your loved ones know what to expect and how we can build the strongest defense possible.

Under [Texas Penal Code Chapter 19](https://statutes.capitol.texas.gov/docs/pe/htm/pe.19.htm), homicide refers to causing the death of an individual. The law recognizes four types of criminal homicide – murder, capital murder, manslaughter, and criminally negligent homicide. For this article, we are focusing on murder, manslaughter, and criminally negligent homicide, especially as they intersect with Texas DWI law, where intoxication may play a role in how a homicide is charged.

## Murder Charges In Texas

Murder is defined under [Texas Penal Code § 19.02](https://codes.findlaw.com/tx/penal-code/penal-sect-19-02/). A person commits murder if they:

- Intentionally or knowingly cause the death of another person.
- Intend to cause serious bodily injury and commit an act clearly dangerous to human life that results in death.
- Commit or attempt to commit a felony, other than manslaughter, and in the course of or immediate flight from the felony, commit or attempt to commit an act clearly dangerous to human life that results in death (known as felony murder).

Murder is generally a first-degree felony in Texas, punishable by 5 to 99 years or life in prison and a fine up to $10,000. If the defendant can prove sudden passion arising from an adequate cause, the offense can be reduced to a second-degree felony, punishable by 2 to 20 years in prison.

In cases involving intoxication manslaughter under [Texas Penal Code § 49.08](https://codes.findlaw.com/tx/penal-code/penal-sect-49-08/), the state may pursue murder charges if it can prove the driver acted with extreme recklessness or committed a separate felony while intoxicated that led to a death.

## Manslaughter Charges In Texas

Manslaughter is covered under [Texas Penal Code § 19.04](https://codes.findlaw.com/tx/penal-code/penal-sect-19-04/). A person commits manslaughter if they recklessly cause the death of another person. Unlike murder, manslaughter does not require intent to kill or cause serious injury. It focuses on reckless behavior that creates a substantial and unjustifiable risk of death.

Manslaughter is a second-degree felony punishable by 2 to 20 years in prison and a fine up to $10,000. Intoxication manslaughter, which often arises from DWI cases, is a specific type of manslaughter where a person operates a motor vehicle, watercraft, aircraft, or assembles a mobile amusement ride while intoxicated and causes the death of another by accident or mistake ([Texas Penal Code § 49.08](https://codes.findlaw.com/tx/penal-code/penal-sect-49-08/)).

In DWI-related fatalities, prosecutors often pursue intoxication manslaughter instead of murder unless there is clear evidence of intentional harm or other felony conduct.

## Criminally Negligent Homicide In Texas

Criminally negligent homicide is defined under [Texas Penal Code § 19.05](https://codes.findlaw.com/tx/penal-code/penal-sect-19-05/). A person commits this offense if they cause the death of another by criminal negligence. The standard for negligence is lower than recklessness; it involves a gross deviation from the standard of care that an ordinary person would exercise, failing to perceive a substantial and unjustifiable risk that results in death.

This offense is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000.

In DWI cases, criminally negligent homicide might apply if the state cannot prove recklessness but can show that the defendant failed to perceive the risk of driving intoxicated, leading to a fatal accident.

### Key Differences Between These Charges

- **Intent** – Murder involves intent to kill or cause serious harm, manslaughter involves recklessness, and criminally negligent homicide involves failure to perceive risk.
- **Severity of Punishment** – Murder carries the harshest penalties, potentially life in prison, while manslaughter and criminally negligent homicide carry lower but still severe penalties.
- **DWI Connection** – A fatal DWI crash is often charged as intoxication manslaughter, but in aggravated circumstances, the state could pursue murder. In less egregious cases, criminally negligent homicide may apply.

### Building A Defense Against Homicide Charges

Every homicide case is different, and the facts matter. At Mark Diaz & Associates, we examine every angle:

- Whether the state can prove intent or recklessness beyond a reasonable doubt.
- Whether the DWI evidence was lawfully obtained and accurate.
- Whether constitutional rights were violated during arrest or questioning.
- Whether another party’s actions contributed to the death.

We fight aggressively in court to challenge weak evidence, cross-examine witnesses, and present mitigating factors that can reduce charges or penalties.

## Frequently Asked Questions About Homicide Charges In Texas

### What Is The Difference Between Murder And Manslaughter?

Murder requires intent to kill or cause serious bodily harm, while manslaughter only requires recklessness. Murder is punished more severely, as a first-degree felony, while manslaughter is a second-degree felony.

### Can A DWI Fatality Be Charged As Murder?

Yes, in certain cases. If prosecutors believe the driver acted with extreme disregard for human life, such as driving intoxicated with prior DWI convictions or at excessive speeds in a dangerous area, they may pursue murder charges.

### What Is Intoxication Manslaughter?

Under Texas Penal Code § 49.08, intoxication manslaughter occurs when someone operates a vehicle while intoxicated and causes another person’s death. It is a second-degree felony with penalties of 2 to 20 years in prison and potential fine of up to $10,000.

### What Are Possible Defenses To Homicide Charges In A DWI Case?

Defenses include challenging the legality of any search, accuracy of blood alcohol testing, causation of the crash, and whether actions were truly reckless or negligent. We tailor defenses to the specific facts of the case.

### What Is The Difference Between Recklessness And Criminal Negligence?

Recklessness means the person was aware of a substantial risk but consciously disregarded it. Criminal negligence means the person should have been aware of the risk but failed to perceive it.

### Can A Homicide Conviction Be Expunged In Texas?

Generally, no. Homicide convictions cannot be expunged or sealed. A strong defense from the start is essential to avoid a life-long felony record.

### What Are The Penalties For Criminally Negligent Homicide?

It is a state jail felony with a potential sentence of 180 days to 2 years in a state jail facility and fines up to $10,000.

### Is Intoxication Manslaughter A Separate Charge From DWI?

Yes. DWI is a lesser offense under Texas Penal Code § 49.04. If a DWI causes a death, prosecutors may elevate the charge to intoxication manslaughter, which carries much harsher penalties.

### Can Prosecutors Charge Multiple Counts For A Single Incident?

In cases where multiple people are killed or injured, prosecutors may file separate counts of intoxication manslaughter or assault for each victim. This can dramatically increase potential penalties if convicted. We fight to challenge each count and protect you from excessive sentencing.

### How Does Self-Defense Apply To Homicide Charges?

Texas law recognizes the right to use deadly force in certain self-defense situations under Texas Penal Code Chapter 9. If we can show you acted to protect yourself or others, it can lead to reduced charges or a complete dismissal.

### What Role Do Blood Tests Play In A DWI-Related Homicide Case?

Blood tests are often key evidence in intoxication manslaughter cases. We examine how the sample was taken, stored, and analyzed. Errors in the process can make results unreliable, giving us grounds to challenge the evidence.

### Does A Prior DWI Conviction Affect Homicide Charges?

Yes. A history of DWI can influence how prosecutors charge the case, potentially elevating it to murder based on extreme recklessness. Prior convictions can also lead to harsher sentencing or plea reccomendations.

### What Should I Do If I Am Being Investigated For A Fatal DWI Crash?

Contact a criminal defense lawyer immediately. Anything you say to police can be used against you. Early intervention allows us to protect your rights, investigate the crash, and prepare a strong defense before charges are filed.

## Call Mark Diaz & Associates For Aggressive Homicide Defense In Texas

If you or someone you love is facing homicide charges, including murder, manslaughter, or criminally negligent homicide in connection with a DWI in Texas, the stakes could not be higher. Our team at Mark Diaz & Associates has decades of experience fighting serious criminal charges in Galveston and Houston courts. We know Texas law, we know the prosecutors, and we know how to build a powerful defense to protect your rights and freedom.

Contact our [Galveston homicide defense attorney](/homicide/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Let us stand between you and the full force of the state’s prosecution and fight for the best possible outcome in your case. Let Mark Diaz & Associates fight for you and your legal rights today.

**Categories:** Homicide Defense Attorney

---

### [What Happens After A First-Time DWI Arrest In Texas?](https://texascriminaljustice.com/what-happens-after-a-first-time-dwi-arrest-in-texas/)

**Published:** September 30, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DrunkDrivingConcept-BeerKeysAndHandcuffs](https://texascriminaljustice.com/wp-content/uploads/2025/09/Diaz-1-What-Happens-After-a-First-Time-DWI-Arrest-in-Texas_October-2025.jpg "DrunkDrivingConcept-BeerKeysAndHandcuffs")Being arrested for a first-time DWI in Texas is an overwhelming experience. Many of our clients in Galveston and Houston tell us the same thing—they didn’t realize how quickly a routine traffic stop could escalate into handcuffs, a night in jail, and a permanent mark on their record. Texas prosecutors take driving while intoxicated extremely seriously, and the penalties can affect every part of your life, from your driver’s license to your employment opportunities.

As defense attorneys, we know what’s at stake after that first arrest. The law is strict, the process moves fast, and prosecutors will push hard to convict. But a first-time DWI does not automatically mean you will lose your freedom or your future. With the right strategy, we can attack the evidence, challenge the arrest, and fight for an outcome that limits or even eliminates the damage.

## The Definition Of A First-Time DWI In Texas

Under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), a person commits the offense of driving while intoxicated if they operate a motor vehicle in a public place while intoxicated. “Intoxicated” means either:

- Having a blood alcohol concentration (BAC) of 0.08% or more, or
- Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.

A first-time DWI is a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension. If your BAC is 0.15% or higher, the charge increases to a Class A misdemeanor with penalties up to one year in jail and a $4,000 fine.

### The Arrest Process And Immediate Aftermath

When you are pulled over and suspected of DWI, the officer will likely ask you to perform field sobriety tests and may request a breath or blood test. Refusing these tests triggers an automatic license suspension under the Texas “implied consent” law, [Texas Transportation Code § 724.011](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=TN&Value=724).

After arrest, you will be taken to jail, booked, and given a bond hearing. From there, the clock starts ticking. You have only 15 days to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver’s license. Miss that deadline, and your license will be automatically suspended for up to 180 days, even before your criminal case is resolved.

### Criminal Penalties For A First-Time DWI

The consequences of a first-time DWI conviction in Texas can include:

- Jail time from 3 to 180 days
- Fines up to $2,000 (or $4,000 with a BAC of 0.15% or higher)
- Driver’s license suspension from 90 days to one year
- DWI education program requirements
- Possible ignition interlock device installation

Texas also imposes annual surcharges on your driver’s license for three years after a conviction. These surcharges can cost hundreds of dollars each year.

### Collateral Consequences Beyond The Courtroom

A first-time DWI conviction creates a permanent criminal record. Employers, landlords, and schools can see it on background checks. Professional licensing boards can also impose sanctions. For non-citizens, immigration status may be jeopardized.

The damage goes far beyond fines and jail time—it can disrupt careers, financial stability, and family relationships. That is why fighting aggressively from the start is critical.

### Defense Strategies We Use In First-Time DWI Cases

Every DWI case has weaknesses if you know where to look. As defense lawyers, we scrutinize every detail, including:

- Was there probable cause for the traffic stop?
- Were field sobriety tests administered correctly?
- Was the breath or blood test equipment properly maintained and calibrated?
- Did the officer follow constitutional requirements during the arrest?

If law enforcement violated your rights or mishandled evidence, we move to suppress that evidence. Even in cases where the BAC seems overwhelming, we negotiate strategically to reduce charges, secure probation, or pursue deferred adjudication where appropriate.

### Alternatives To Jail For First-Time Offenders

Texas courts recognize that first-time offenders deserve options. Depending on the facts, you may qualify for probation, community service, alcohol education classes, or ignition interlock installation instead of jail time. Under the [Texas Code of Criminal Procedure Art. 42A.401](https://statutes.capitol.texas.gov/docs/CR/htm/CR.42A.htm), judges have discretion to impose community supervision (probation) as an alternative to incarceration.

Deferred adjudication is another potential option, allowing you to avoid a formal conviction if you comply with strict conditions. This is not automatic—you need skilled counsel to persuade the judge and prosecutor that you deserve this path.

### Why Legal Representation Matters Immediately

Prosecutors know how to pressure defendants into guilty pleas. Without legal counsel, you risk accepting terms that could haunt you for years. We step in immediately to:

- Demand the ALR hearing to protect your license
- Review the evidence for constitutional violations
- Challenge test results
- Push back against prosecutorial overreach
- Fight for alternatives that keep you out of jail and protect your future

We do not back down in negotiations or in the courtroom. Our job is to keep you from being railroaded by a system designed to convict.

## Texas DWI Frequently Asked Questions

### What Happens To My License After A First-Time DWI Arrest In Texas?

Your license is immediately at risk. Refusing a breath or blood test triggers a 180-day suspension. Failing the test results in a 90-day suspension. You must request an ALR hearing within 15 days of your arrest to fight the suspension. If you win, you keep your license; if you lose, you may qualify for an occupational license that allows limited driving.

### Can I Go To Jail For A First-Time DWI?

Yes. A first-time DWI carries a minimum of 3 days in jail and up to 180 days, though many first offenders can avoid serving the full sentence through probation or other negotiated outcomes. If your BAC is 0.15% or higher, the maximum jail time increases to one year.

### Will A First-Time DWI Stay On My Record Forever?

Yes, unless you qualify for and successfully complete a pre-trial diversion (if available). A standard DWI conviction cannot be expunged in Texas. It will remain on your criminal record for life and can enhance penalties for any future DWI charges.

### What Is Deferred Adjudication For DWI In Texas?

Deferred adjudication is a type of probation where you plead guilty or no contest, but the court does not enter a conviction if you successfully complete all conditions. This option became available for certain first-time DWI cases under changes to Texas law in 2019. It does not erase the arrest, but it avoids a conviction and you may be eligible for a non-disclosure which would seal the record from the public..

### How Much Will A First-Time DWI Cost Me?

The financial consequences can be severe. Beyond fines of up to $2,000 (or $4,000 for high BAC), you may face annual license surcharges, court costs, probation fees, ignition interlock expenses, and increased insurance premiums. The true cost can easily reach $10,000 or more.

### Can I Refuse A Breath Or Blood Test?

You can refuse, but Texas has an implied consent law. Refusal leads to automatic license suspension. Police can also obtain a warrant to draw your blood without your consent. Refusal may limit evidence, but it comes with immediate consequences.

### Do I Need A Lawyer For A First-Time DWI?

Absolutely. Without legal representation, you risk losing your license, serving unnecessary jail time, and ending up with a permanent record. A skilled DWI lawyer can challenge evidence, negotiate better terms, and protect your rights.

### How Soon Should I Contact An Attorney After A DWI Arrest?

Immediately. You have only 15 days to request the ALR hearing, and early intervention gives us more opportunities to gather evidence, interview witnesses, and attack the State’s case. The sooner we are involved, the stronger your defense will be.

### Will My Job Be Affected By A First-Time DWI?

Possibly. Employers may terminate employees with criminal convictions, especially if driving is part of the job. Professional licensing boards also review DWI convictions. By fighting for deferred adjudication or reduced charges, we work to protect your career.

### What If I Am Not A U.S. Citizen?

DWI convictions can have immigration consequences, especially for non-citizens seeking visas, green cards, or naturalization. A conviction may be viewed as a crime of moral turpitude in some circumstances. Immigration-safe plea bargaining is essential.

## Call Mark Diaz & Associates For An Aggressive DWI Defense

At Mark Diaz & Associates, we fight aggressively for clients arrested for DWI in Galveston and across Houston. A first-time DWI is serious, but it does not have to define your life. We attack weak evidence, challenge the State at every turn, and fight relentlessly to protect your freedom and your future.

If you or someone you know has been arrested for a first-time DWI, contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). Our office is based in Galveston, and we represent clients throughout the city of Houston and across Texas. Put proven defense lawyers in your corner before prosecutors build their case against you.

**Categories:** DWI Defense Lawyer

---

### [Defenses To Murder Charges In Texas](https://texascriminaljustice.com/defenses-to-murder-charges-in-texas/)

**Published:** October 6, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![PhotoConceptOnGuiltyAndInnocentInJudgesTrialCourt](https://texascriminaljustice.com/wp-content/uploads/2025/10/Diaz-2-Defenses-to-Murder-Charges-in-Texas_October-2025.jpg "PhotoConceptOnGuiltyAndInnocentInJudgesTrialCourt")When you are charged with murder in Texas, your life is on the line. Few accusations carry more weight, and prosecutors come armed with everything they can to put you away. At Mark Diaz & Associates, we know these cases demand relentless defense, sharp legal analysis, and a willingness to fight tooth and nail for your freedom. No case is hopeless. Texas law recognizes several defenses to murder charges, and understanding them is the first step toward building the strongest possible strategy.

Murder in Texas is defined under [Texas Penal Code § 19.02](https://statutes.capitol.texas.gov/docs/pe/htm/pe.19.htm). The statute makes it a first-degree felony to intentionally or knowingly cause the death of another person, or to cause death while intending to cause serious bodily injury and committing an act clearly dangerous to human life. The potential punishment is severe—five to ninety-nine years, or life in prison. Yet the law also provides defenses, and we have seen firsthand how the right defense can mean the difference between conviction and acquittal.

## Understanding Murder Under Texas Law

Texas law separates homicide into different categories, including murder, capital murder, manslaughter, and criminally negligent homicide. While all are serious, murder under § 19.02 is often charged most aggressively. Prosecutors may also attempt to enhance charges to capital murder under [Texas Penal Code § 19.03](https://codes.findlaw.com/tx/penal-code/penal-sect-19-03/), which carries the death penalty or life without parole.

Facing these accusations is terrifying, but the law is not one-sided. Self-defense, defense of others, lack of intent, accident, or constitutional violations can all form the backbone of a solid defense.

### Self-Defense

One of the most powerful defenses is self-defense, protected under [Texas Penal Code § 9.31](https://codes.findlaw.com/tx/penal-code/penal-sect-9-31/) and [§ 9.32](https://codes.findlaw.com/tx/penal-code/penal-sect-9-32/). These statutes allow the use of force or deadly force if a person reasonably believes it is immediately necessary to protect against another’s unlawful use of force or deadly force.

Self-defense requires showing both a subjective belief in the necessity of force and that the belief was objectively reasonable. We aggressively challenge the State’s narrative, cross-examine witnesses, and expose inconsistencies to show jurors why force, specifically deadly force, was justified.

### Defense Of Others

Texas also allows deadly force to defend others. Under § 9.33, you can use force to protect another person if you reasonably believe that person would have the right to use deadly force themselves and if you reasonably believe that the intervention is immediately necessary to protect the other person. Many cases involve family members or bystanders caught in violent situations.

### Lack Of Intent

Murder requires intent. If the prosecution cannot prove beyond a reasonable doubt that you intended to kill or cause serious bodily injury, the charge may not hold. Accidental deaths, misidentifications, or conflicting evidence often create reasonable doubt. We press this point relentlessly because intent is the cornerstone of a murder case.

### Heat Of Passion

Texas recognizes a partial defense known as “sudden passion” arising from adequate cause, under Texas Penal Code § 19.02(a)(2) and § 19.02(d). If proven, this reduces murder from a first-degree felony to a second-degree felony, cutting potential prison time drastically. This defense applies when the accused acted under a sudden and intense emotional state triggered by adequate provocation.

### Constitutional Violations

Police misconduct often creates openings for defense. If officers conducted unlawful searches, interrogated you without Miranda warnings, or violated your constitutional rights, we move to suppress the evidence. Without critical evidence, the State’s case may collapse.

### Building A Strong Defense

No two cases are alike. Defenses often overlap, and success depends on tailoring arguments to the facts. We dig into the evidence, hire investigators, consult forensic experts, and prepare every case for trial. Prosecutors know we are ready to fight, and that leverage often opens the door to reduced charges or even dismissals.

## Texas Homicide Frequently Asked Questions

### What Is The Difference Between Murder And Capital Murder In Texas?

Murder under § 19.02 requires intentionally or knowingly causing the death of another person. Capital murder under § 19.03 includes additional factors, such as killing a police officer, killing during a kidnapping or robbery, or killing multiple people. Capital murder carries harsher penalties, including life without parole or the death penalty.

### Can Self-Defense Be Used In A Murder Trial?

Yes. Texas law under § 9.32 allows the use of deadly force if you reasonably believe it is necessary to protect yourself against another’s deadly force. Self-defense is one of the most common and successful defenses in murder cases, especially when supported by credible evidence.

### What Happens If The Police Obtain Evidence Illegally?

If evidence was obtained in violation of your constitutional rights, we can file a motion to suppress. Courts may exclude illegally obtained evidence, weakening or even destroying the prosecution’s case. This includes unlawful searches, coerced confessions, or violations of due process.

### What If The Death Was An Accident?

If the death was accidental and there was no intent to kill or cause serious harm, murder charges may not apply. Accidental deaths may be more appropriately classified as manslaughter or criminally negligent homicide, which carry lesser penalties.

### How Does Sudden Passion Reduce A Murder Charge?

If proven, sudden passion arising from adequate cause under § 19.02(d) reduces a murder charge from a first-degree felony to a second-degree felony. This can significantly reduce prison exposure, from up to life in prison down to a maximum of twenty years.

### Can Mental Illness Be Used As A Defense?

Yes. Severe mental illness can impact intent and may support an insanity defense under § 8.01. While difficult to prove, it can be effective with strong medical evidence and testimony.

### What Role Does A Jury Play In Murder Cases?

In Texas, a jury decides guilt and may also determine punishment. Jurors are instructed on applicable defenses, such as self-defense or sudden passion, and their interpretation can dramatically affect the outcome.

### How Long Can You Be Sentenced For Murder In Texas?

Murder as a first-degree felony carries five to ninety-nine years, or life in prison. If reduced to a

second-degree felony due to sudden passion, the punishment is two to twenty years. Capital murder carries even harsher penalties, including the death penalty.

### Why Is Hiring An Experienced Defense Lawyer Critical In Murder Cases?

Murder trials are complex and high-stakes. Prosecutors are aggressive, and the penalties are life-altering. An experienced defense lawyer understands the statutes, procedures, and tactics necessary to protect your rights and secure the best possible result.

### What Is The Difference Between Self-Defense And Stand Your Ground In Texas?

Self-defense in Texas requires showing that you reasonably believed deadly force was necessary to protect yourself. Stand your ground laws, found in Texas Penal Code § 9.32(c), expand this protection by removing the duty to retreat if you are lawfully present and not engaged in criminal activity. This means you can assert self-defense without first trying to escape. We use this statute strategically when prosecutors try to argue you had a chance to leave but chose not to.

### Can Mistaken Identity Be A Defense In Murder Cases?

Yes. In cases where eyewitness testimony is the main evidence, mistaken identity is a strong defense. Cross-racial identifications, poor lighting, or stress during the event often lead to unreliable identifications. By presenting expert testimony on the weaknesses of eyewitness memory and pointing to inconsistencies, we can raise reasonable doubt about whether you were even the person involved.

### How Does Forensic Evidence Factor Into Murder Defenses?

Forensic evidence such as ballistics, DNA, and fingerprints often plays a major role in Texas murder trials. But forensic science is not perfect. Labs make errors, evidence can be contaminated, and analysts may exaggerate results. We often bring in independent experts to challenge the State’s forensic findings. If we can show jurors that the science is flawed or inconclusive, it can erode the prosecution’s case.

### What If The Death Occurred During An Accidental Fight?

Not every altercation that results in death is murder. If there was no intent to kill, and the death happened during a scuffle, the charge may be reduced to manslaughter under Texas Penal Code § 19.04. Manslaughter carries a lesser punishment—two to twenty years—compared to the potential life sentence for murder. This distinction can change everything about the outcome of the case.

### Can Prior Criminal History Affect A Murder Case?

Yes. If the prosecution introduces prior bad acts, it can prejudice a jury. Under Texas Rules of Evidence 404(b), prior crimes are generally inadmissible to prove character, but prosecutors often try to sneak them in to show motive or intent. We fight aggressively to keep this evidence out because it can unfairly sway jurors into believing “once guilty, always guilty.”

### What Role Does Plea Bargaining Play In Murder Cases?

Not every case goes to trial. Sometimes, the evidence is stacked, and the risk of a life sentence is high. In those cases, we use our reputation and trial-readiness to negotiate plea deals that minimize exposure. For example, reducing a murder charge to manslaughter or even criminally negligent homicide can shave decades off a potential sentence. Our strength comes from knowing when to fight in front of a jury and when to strike the right deal behind closed doors.

## Call Mark Diaz & Associates For A Powerful Homicide Defense

At Mark Diaz & Associates, we are battle-tested trial lawyers. We know prosecutors in Galveston and Houston come hard on murder cases, and we come harder. We dissect the State’s case, challenge their evidence, and push every defense available under Texas law. When your freedom and your life are at stake, you need attorneys who fight relentlessly and strategically.

If you or a loved one has been charged with murder in Texas, do not wait. Contact our [Texas criminal law attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our offices are located in Galveston, and we represent clients throughout Houston and across the State of Texas.

**Categories:** Homicide Defense Lawyer

---

### [What To Do If You’re Arrested For Drug Trafficking In Texas](https://texascriminaljustice.com/what-to-do-if-youre-arrested-for-drug-trafficking-in-texas/)

**Published:** October 14, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![HandOfAddictManWithMoneyBuyingDoseOfCocaine](https://texascriminaljustice.com/wp-content/uploads/2025/10/Diaz-3-What-to-Do-If-Youre-Arrested-for-Drug-Trafficking-in-Texas_October-2025.jpg "HandOfAddictManWithMoneyBuyingDoseOfCocaine")Getting arrested for drug trafficking in Texas is one of the most serious criminal charges you can face. The stakes are high, the penalties are severe, and prosecutors are relentless. We know because we’ve been on the front lines defending people accused of these crimes in Galveston and Houston. When law enforcement comes after you with a trafficking charge, their goal is to put you away for decades. Our goal is to dismantle their case, protect your rights, and position you for the strongest possible outcome.

Under [Texas Health and Safety Code § 481.112](https://statutes.capitol.texas.gov/docs/hs/htm/hs.481.htm), drug trafficking—defined as knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance—is a felony offense. The severity depends on the type and quantity of the drug. For example:

- Less than one gram of a Penalty Group 1 drug can bring a state jail felony.
- 400 grams or more of a Penalty Group 1 drug can trigger enhanced penalties, including life imprisonment and fines up to $250,000. For other penalty groups, the maximum fine is generally $100,000.

When you’re facing numbers like that, every move matters. From the moment of arrest, how you act and who you call will set the tone for your defense.

## Understanding The Charge

Drug trafficking is not simple possession. Prosecutors don’t need to catch you selling drugs on a street corner. If you’re stopped with a large amount of narcotics, baggies, scales, or cash, they will argue you intended to deliver. Under Texas Health and Safety Code § 481.002(8), “deliver” includes actual transfer, constructive transfer, or even an offer to sell. That means you could be accused of trafficking without a completed sale.

We know how prosecutors think. They will use every scrap of circumstantial evidence to build their case. Our job is to attack those assumptions, expose weaknesses, and show that possession does not equal trafficking.

### What To Do Immediately After An Arrest

The first step is simple: stay silent and call us immediately. Do not explain yourself to the police. Do not try to “clear things up.” Anything you say becomes evidence. Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent, and you must use it.

Next, you need legal counsel that understands Texas drug laws and federal law. Drug trafficking cases often involve joint investigations with the DEA, FBI, or DHS. That means you could be facing both state and federal charges.

Under 21 U.S.C. § 841, federal drug trafficking carries mandatory minimum sentences – typically 5 years for certain threshold amounts (like 500 grams of cocaine or 100 grams of heroin) and 10 years for larger quantities (such as 5 kilograms of cocaine or 1 kilogram of heroin).

Without a defense strategy that accounts for both systems, you risk being crushed by the weight of overlapping prosecutions.

### How Prosecutors Build Their Case

Prosecutors rely on:

- Quantity of drugs – Large amounts suggest intent to deliver.
- Tools of the trade – Scales, packaging, or ledgers used as circumstantial proof.
- Cell phone evidence – Texts or calls that prosecutors claim show distribution.
- Cash seizures – Money found near drugs is used to imply sales.
- Statements – Anything you say before calling us is ammunition for the State.

We counter these tactics by challenging the search and seizure, questioning the reliability of lab results, scrutinizing the chain of custody, and moving to suppress illegally obtained evidence. Under the Fourth Amendment and Texas Code of Criminal Procedure Art. 38.23, evidence obtained in violation of your constitutional or statutory rights must be suppressed and cannot be used against you in court.

### Potential Penalties

Texas law takes drug trafficking seriously. Penalties include:

- State jail felony – 180 days to 2 years for small amounts of Penalty Group 1 drugs.
- First-degree felony – 5 to 99 years, plus up to $10,000 in fines.
- Enhanced penalties – For 400 grams or more of a Penalty Group 1 substance, punishment can include life in prison and fines up to $250,000. For other penalty groups, maximum fines are generally capped at $100,000 unless enhanced by additional factors such as drug-free zones.

On the federal side, penalties are even harsher, with mandatory minimums and no parole.

### Our Defense Approach

We don’t walk clients into court unprepared. We fight from the start. Our strategy may involve:

- Filing motions to suppress illegally obtained evidence.
- Exposing flaws in lab testing and forensic handling.
- Challenging weak evidence of “intent to deliver.”
- Negotiating strategically when it positions you for the best outcome.
- Taking the case to trial when prosecutors refuse to play fair.

We are fighters and tacticians. We know when to press for dismissal or reduced charges, when to negotiate a reduced charge, and when to go toe-to-toe before a jury.

## Frequently Asked Questions About Drug Trafficking Charges In Texas

### What Is The Difference Between Drug Possession And Drug Trafficking?

Possession means you had drugs for your own use, with no intent to deliver them to someone else. Trafficking, under Texas Health and Safety Code § 481.112, requires proof that you intended to manufacture, deliver, or sell. The line between the two often comes down to quantity and circumstantial evidence. If you had multiple baggies, large sums of cash, or scales, prosecutors will argue you were trafficking. Our job is to fight those assumptions and show that possession does not automatically equal intent to distribute.

### Can Text Messages Or Phone Records Really Be Used Against Me?

Yes. Prosecutors increasingly rely on cell phone evidence to claim you were coordinating drug sales. Texts, call logs, and even location data may be used to build a trafficking case. The problem with this is that texts can be taken out of context, and phone records can, at times, be unreliable. We challenge how that evidence was collected, whether warrants were valid, and whether the content truly proves trafficking.

### Do The Police Need A Warrant To Search My Car Or Home?

Not always, but they often try to stretch exceptions to the warrant rule. For cars, police rely on the “automobile exception,” which allows a warrantless search if they have probable cause the vehicle contains evidence of a crime. For homes, a warrant is almost always required unless you consent or there are true emergency circumstances (such as imminent danger or destruction of evidence). Under the Fourth Amendment and Texas Code of Criminal Procedure Art. 38.23, unlawfully obtained evidence must be suppressed. We carefully analyze every search to determine whether officers violated your rights.

### What Happens If Drugs Are Found In A Car, But I Wasn’t The Only Passenger?

This is common. Prosecutors may charge everyone in the car, arguing “joint possession.” To convict, they must prove you had control or knowledge of the drugs. If the drugs were under a seat, in the trunk, or in a bag that wasn’t yours, we argue lack of knowledge or control. We’ve beaten trafficking cases by showing our clients were simply in the wrong place at the wrong time.

### What Are The Sentencing Ranges For Trafficking In Texas?

Sentences depend on the drug and amount:

- Less than one gram (Penalty Group 1) – State jail felony, 180 days to 2 years.
- 1 to 4 grams – Second-degree felony, 2 to 20 years, up to $10,000 fine.
- 4 to 200 grams – First-degree felony, 5 to 99 years.
- 400 grams or more – Life in prison possible, fines up to $250,000 for Penalty Group 1; generally up to $100,000 for other penalty groups.
- These penalties come straight from Texas Health and Safety Code § 481.112. On the federal side, 21 U.S.C. § 841 imposes mandatory minimums that start at 5 or 10 years.

### Can Federal Prosecutors Take Over My State Case?

Yes, and it happens often in large-scale trafficking investigations. If federal agencies like the DEA, FBI, or Homeland Security are involved, the U.S. Attorney’s Office can “adopt” the case and prosecute it federally. This doesn’t erase the state charges, but often federal prosecution takes priority, and penalties in federal court are usually far harsher than under Texas law.

### What Is “Constructive Possession” And Why Does It Matter?

Constructive possession of drugs means that even if the drugs are not found on your person, prosecutors can prove possession by showing you knowingly had the care, custody, control, or management of the substance.

In Texas, prosecutors must show more than just proximity — they must establish a “link” between you and the drugs, such as ownership of the place where they were found, fingerprints, incriminating statements, or other circumstances proving you exercised control. Being merely near drugs is not enough to convict.

### If The Police Used An Informant, Can That Help My Case?

Yes. Informants are often unreliable, motivated by deals or money. We challenge their credibility and motives. Informant testimony alone is weak, and we work to expose every inconsistency. If the State relies too heavily on a questionable informant, it can backfire in court.

### Can I Get Probation For A Trafficking Charge?

It depends. For smaller amounts of drugs, probation may be an option. For larger quantities, especially under federal law, probation is usually off the table. Courts also consider your criminal history. That said, we sometimes negotiate reduced charges that make probation possible.

### What Defenses Work In Trafficking Cases?

Possible defenses include:

- Unlawful search and seizure.
- Lack of intent to deliver.
- Entrapment by law enforcement.
- Insufficient evidence.
- Mistaken identity or false accusations.
- Challenging the lab results on the alleged drugs.
- No two cases are alike, and we build our defense around the facts, evidence, and weaknesses in the State’s case.

### If I Plead Guilty, What Can I Expect?

You should never plead guilty without consulting an attorney first. Pleading guilty to trafficking can mean years in prison, massive fines, and a felony record. In some cases, we negotiate plea agreements that reduce charges or minimize prison time, but this is only after we’ve tested the strength of the State’s case.

### Can A Trafficking Conviction Be Appealed?

Yes. If errors occurred during trial, such as improper jury instructions, unlawful admission of evidence, or prosecutorial misconduct, we can appeal. Appeals are complex and time-sensitive, but they are an important safeguard when the system fails.

### Will I Lose My Property If Charged With Trafficking?

Possibly. Under Texas Code of Criminal Procedure Chapter 59, the State can seize property connected to drug crimes, including vehicles, cash, and even homes. We fight aggressively against asset forfeiture, forcing the State to prove a clear connection between the property and alleged trafficking.

### How Long Does A Trafficking Case Usually Take?

Trafficking cases are complex. They involve lab testing, witness interviews, motions, and often federal coordination. Cases can last months or even years. During that time, we remain proactive, filing motions, challenging evidence, and preparing for trial.

### Why Is Having An Aggressive Attorney So Important In Trafficking Cases?

Because prosecutors play hardball, especially with these types of cases. They know a conviction could carry decades of prison time, and they will not go easy on you. A passive attorney will get steamrolled. You need someone who can outthink, outfight, and outmaneuver the prosecution. That’s what we try to do for each and every one of our clients.

## Call Mark Diaz & Associates For Exceptional Representation

At Mark Diaz & Associates, we don’t fold under pressure. We fight drug trafficking charges with relentless energy and strategic precision. Prosecutors in Texas are aggressive, but so are we. We have spent years protecting clients in Galveston, Houston, and across Texas from the most serious criminal charges, and we know how to dismantle the State’s case piece by piece.

If you are under investigation or have been arrested for drug trafficking, your future is on the line. Do not wait. Contact our [Texas drug trafficking attorney](/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our office is based in Galveston, and we represent clients throughout Houston and across the State of Texas. Put us in your corner, and let us fight for your freedom.

**Categories:** Drug Trafficking Attorney

---

### [How To Defend Against Domestic Violence Charges In Texas](https://texascriminaljustice.com/how-to-defend-against-domestic-violence-charges-in-texas/)

**Published:** October 21, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DomesticViolenceLawJudgesGavelAsASymbolOfLegal](https://texascriminaljustice.com/wp-content/uploads/2025/10/Diaz-4-How-to-Defend-Against-Domestic-Violence-Charges-in-Texas_October-2025.jpg "DomesticViolenceLawJudgesGavelAsASymbolOfLegal")When law enforcement comes to your door on a domestic violence call, everything changes in an instant. An arrest can be made even without physical evidence, and once charges are filed, prosecutors often push for the harshest penalties possible. As criminal defense attorneys in Galveston, we know how aggressively these cases are pursued in Texas. That is why building a defense starts immediately with the challenging evidence, exposing weaknesses, and putting pressure back on the State.

Domestic violence charges are not only about criminal penalties. They threaten your reputation, employment, and even your right to see your children. Under Texas law, a conviction can carry jail time, steep fines, and collateral consequences that follow you long after the case ends. Prosecutors and judges view these cases through a zero-tolerance lens. We have seen firsthand how quickly an accusation can spiral, and we know that a strong, calculated defense is the only way to protect your rights and future.

## Understanding Domestic Violence Under Texas Law

Texas law treats domestic violence under the umbrella of “assault family violence.” Under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm), assault occurs when a person:

- Intentionally, knowingly, or recklessly causes bodily injury to another,
- Threatens another with imminent bodily injury, or
- Causes physical contact they know or should reasonably believe will be offensive or provocative.

If the alleged victim is a family member, household member, or someone in a dating relationship, the charge is enhanced as domestic assault.

Prosecutors often rely on broad definitions of “bodily injury” and “family member.” This is where we fight back—forcing them to prove every element and challenging weak or exaggerated claims.

## Misdemeanor Versus Felony Charges

Not all domestic violence cases are the same. The level of the charge depends on the facts, history, and allegations.

- Class A misdemeanor – First-time offense with bodily injury. Punishable by up to one year in jail and $4,000 in fines.
- Third-degree felony – Assault against a family member with a prior domestic violence conviction under [Texas Penal Code § 22.01(b)(2)](https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/). Punishable by 2–10 years in prison and up to $10,000 in fines.
- Second-degree felony – Strangulation or suffocation against a family or household member. Punishable by 2–20 years in prison.

Knowing what you are facing allows us to craft a defense that anticipates prosecutorial strategies and prepares for every angle.

## Common Defense Strategies We Use

Every domestic violence case is unique, but some defenses come up time and again. We use aggressive cross-examination, expert testimony, and investigative tools to dismantle the State’s case. Common defenses include:

- Lack of evidence – Prosecutors often file charges with little more than statements. Without physical proof, we push to dismiss.
- Self-defense – If you were defending yourself against an attack, we argue justifiable use of force under [Texas Penal Code § 9.31](https://codes.findlaw.com/tx/penal-code/penal-sect-9-31/).
- False allegations – Custody disputes, divorces, and personal grudges often lead to fabricated claims. We expose motives and contradictions.
- Accident – If contact was unintentional, prosecutors must prove intent beyond a reasonable doubt.
- Violation of rights – Illegal searches, improper questioning, or coerced statements can lead to evidence suppression.

## Protective Orders And Their Consequences

After an arrest, courts often issue protective orders restricting contact with the alleged victim. Under [Texas Family Code § 85.001](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=85), these orders can remove you from your home, block communication, and restrict firearm possession. Violating a protective order is a separate criminal offense.

We fight these orders aggressively because they damage family relationships and give prosecutors leverage. Where possible, we push for modifications or termination.

## Why The Stakes Are Higher In Domestic Violence Cases

Unlike many other criminal charges, prosecutors rarely drop domestic violence cases even if the alleged victim wants to. The State controls the case, not the accuser. This means once charges are filed, you need a defense team prepared to fight for dismissal, acquittal, or reduced charges.

A conviction can also trigger long-term collateral consequences, such as:

- Loss of firearm rights under federal law ([18 U.S.C. § 922(g)(9)](https://www.law.cornell.edu/uscode/text/18/922))
- Barriers to certain jobs and professional licenses
- Immigration consequences, including deportation for non-citizens
- Impact on divorce and child custody proceedings

## Domestic Violence Frequently Asked Questions

### What Should I Do Immediately After Being Charged With Domestic Violence In Texas?

You should remain silent and contact a defense attorney immediately. Anything you say to law enforcement can and will be used against you. Do not attempt to contact the alleged victim, even if you believe it will help. Violating no-contact conditions only makes your situation worse.

### Can I Be Arrested For Domestic Violence Even If The Alleged Victim Does Not Press Charges?

Yes. In Texas, once police respond to a domestic disturbance, the decision to arrest is theirs. Prosecutors can proceed with charges even if the alleged victim does not cooperate. This is why you need legal representation as soon as possible.

### Is Probation An Option In Domestic Violence Cases?

Probation may be available for certain misdemeanor domestic violence cases, but it comes with strict conditions, including counseling, community service, and no-contact provisions. However, under Texas law, a family violence finding remains on your record permanently, even if you successfully complete probation.

### What Happens If I Violate A Protective Order?

Violating a protective order is a separate criminal offense in Texas. It can result in arrest, jail time, and additional charges. The State often uses violations to argue for harsher penalties in the underlying case.

### How Does A Prior Conviction Affect Domestic Violence Charges?

A prior conviction significantly increases penalties. Under Texas Penal Code § 22.01(b)(2), a second offense can be elevated to a felony, exposing you to years in prison instead of months in jail.

### Can Domestic Violence Charges Be Expunged From My Record?

If you are convicted, domestic violence charges generally cannot be expunged or sealed. If charges are dismissed or you are acquitted, you may qualify for expunction under Texas Code of Criminal Procedure Chapter 55.

### Can False Accusations Really Be Proven False In Court?

Yes, but it requires aggressive defense work. We investigate motives, cross-examine witnesses, and gather independent evidence. Texts, emails, or witness testimony often expose inconsistencies and lies.

### What If The Alleged Victim Wants To Drop The Charges?

In Texas, the decision to prosecute does not belong to the alleged victim. Once police file a report, the case is in the hands of the District Attorney. Even if the accuser signs an affidavit of non-prosecution, prosecutors can and often do move forward. We use a victim’s lack of cooperation to our advantage in negotiations, but it does not guarantee dismissal. This is why mounting an aggressive defense is critical from day one.

### Can Domestic Violence Charges Affect Child Custody In Texas?

Yes. Family courts in Texas consider domestic violence allegations when determining custody, visitation, and parental rights. Under Texas Family Code § 153.004, a history of family violence can limit custody rights or lead to supervised visitation. We fight to prevent unproven allegations from being used unfairly in family court and work to protect your parental rights throughout the process.

### Do Police Have To Witness The Assault To Make An Arrest?

No. In many cases, arrests are based solely on statements made at the scene. Officers may rely on the alleged victim’s account, visible injuries, or witness testimony. The problem is that these reports are often exaggerated or incomplete. Our job is to tear those reports apart in court and expose gaps in the State’s case.

### What Happens If I Am Accused Of Strangulation Or Choking?

Allegations of strangulation are extremely serious. Under Texas Penal Code § 22.01(b)(2)(B), impeding normal breathing or circulation of the blood by applying pressure to the throat or neck is a second-degree felony. This carries 2–20 years in prison and up to $10,000 in fines. Because of the severity, prosecutors pursue these cases aggressively. We counter with medical experts, forensic review, and cross-examination to challenge whether the evidence supports the allegation.

### Can I Defend Myself If The Accuser Has Injuries?

Yes. Injuries do not automatically prove guilt. Self-defense is a recognized defense under Texas Penal Code § 9.31. If you used force to protect yourself, the presence of injuries on the other party does not eliminate your defense. We highlight your injuries, witness accounts, or inconsistencies in the accuser’s story to prove that you were not the aggressor.

### How Long Will A Domestic Violence Case Take In Texas?

The timeline varies depending on whether the case goes to trial. Some cases may be resolved in weeks through dismissal or plea negotiations, while others take months or longer to reach trial. During this time, protective orders and restrictions can weigh heavily on your life. We push for swift action where dismissal is possible but are fully prepared for a drawn-out courtroom battle if that is in your best interest.

### Can I Own A Firearm After A Domestic Violence Conviction?

No. A conviction for domestic violence results in a lifetime federal firearm ban under 18 U.S.C. § 922(g)(9). This applies even if the conviction was for a misdemeanor. For many of our clients, losing the right to own or carry a firearm is devastating. That is why we fight so hard to secure acquittals, dismissals, or reductions to non-family violence charges whenever possible.

### Why Do I Need A Trial Attorney If I Plan To Negotiate A Plea Deal?

Because prosecutors only respect leverage. When they know your attorney is willing and able to try the case, they treat negotiations seriously. A lawyer who avoids trial gives away power. We enter every negotiation from a position of strength, ready to fight in court. That is how we secure reduced charges, probation instead of jail, or outright dismissals when the State’s case is weak.

## Call Mark Diaz & Associates To Fight For Your Future

At Mark Diaz & Associates, we have defended clients in Galveston and Houston courts for decades. We know the tactics prosecutors use in domestic violence cases, and we know how to counter them—through relentless cross-examination, strategic negotiation, and courtroom toughness.

If you or someone you love is facing domestic violence charges, do not wait. The State is already building its case. Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our office is located in Galveston, and we represent clients throughout Houston and across Texas. We will fight to protect your freedom, your reputation, and your future.

**Categories:** Domestic Violence Defense Attorney

---

### [Defending Against Intoxication Manslaughter Charges In Texas](https://texascriminaljustice.com/defending-against-intoxication-manslaughter-charges-in-texas/)

**Published:** November 4, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DrunkDrivingAndMentalIllnessDangerConceptBackgroundOfAn](https://texascriminaljustice.com/wp-content/uploads/2025/10/Diaz-1-Defending-Against-Intoxication-Manslaughter-Charges-In-Texas_November-2025.jpg "DrunkDrivingAndMentalIllnessDangerConceptBackgroundOfAn")As[ Galveston DWI defense attorneys,](/dwi-charges/) we understand that few criminal accusations carry the same weight as intoxication manslaughter. This charge not only brings the possibility of years in prison, but also the life-changing stigma of being labeled as responsible for another person’s death. Families, careers, and futures are all on the line the moment law enforcement makes the accusation. Many people facing these charges are first-time offenders who never imagined themselves in the criminal justice system. That is why we fight with precision, knowledge of Texas law, and aggressive defense strategies to protect every client’s rights and future.

Texas has some of the toughest laws in the country when it comes to intoxication offenses. Under [Texas Penal Code § 49.08](https://codes.findlaw.com/tx/penal-code/penal-sect-49-08/), intoxication manslaughter occurs when a person, by reason of intoxication, operates a motor vehicle in a public place and causes the death of another by accident or mistake. It is classified as a second-degree felony, carrying a punishment range of two to twenty years in prison and fines of up to $10,000. When aggravating factors are present, such as killing a first responder, the offense can be enhanced to a first-degree felony, with a potential sentence of five years to life.

Because of these severe penalties, prosecutors pursue intoxication manslaughter cases aggressively. However, the law is not automatic. To convict, the State must prove several elements beyond a reasonable doubt, including intoxication, causation, and operation of a vehicle. Each of these elements creates opportunities for defense, and our role is to identify weaknesses in the prosecution’s case and leverage them for the client’s benefit.

## Understanding Texas DWI And Intoxication Standards

Texas law defines intoxication under [Texas Penal Code § 49.01(2)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm) in two ways:

- Loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.
- Having an alcohol concentration of 0.08 or more at the time of driving.

Prosecutors often rely heavily on breath or blood tests. However, these tests are not infallible. Breath machines must be calibrated and maintained properly. Blood draws must follow strict chain-of-custody and testing protocols. Any error in these procedures can undermine the reliability of the results and potentially have them excluded from evidence. We scrutinize every detail of the testing process to ensure that flawed science does not dictate a client’s future.

## The Burden Of Proving Causation

One of the most critical elements in intoxication manslaughter cases is causation. It is not enough for the State to prove that a driver was intoxicated. The prosecution must also show that intoxication caused the fatal accident. Under [Texas Penal Code § 6.04(a)](https://codes.findlaw.com/tx/penal-code/penal-sect-6-04/), the State must establish that the conduct was a cause of the harm and that the harm would not have occurred but for the conduct.

This requirement opens the door to multiple defense strategies. Mechanical failures, actions of other drivers, road conditions, or even the behavior of the deceased can all play a role in causation. We have seen cases where prosecutors tried to oversimplify complex accident scenes, ignoring alternative causes. Our defense team works with accident reconstruction experts, medical professionals, and investigators to challenge these claims and show that intoxication was not the cause of the death.

## Enhancements And Aggravating Factors

While intoxication manslaughter is generally a second-degree felony, Texas law allows for enhancements. Under [Texas Penal Code § 49.09(b-2)](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), if the victim is a firefighter, emergency medical services personnel, peace officer, or judge, the offense is elevated to a first-degree felony. That means exposure to five to ninety-nine years, or even life, in prison.

Prosecutors may also seek harsher penalties if the accused has prior DWI convictions. For this reason, reviewing criminal history and the accuracy of prior convictions is a key part of preparing a defense.

## Defense Strategies In Intoxication Manslaughter Cases

We approach these cases with a combination of aggressive courtroom tactics and strategic negotiation. Every case is different, but some common defense strategies include:

- Challenging the stop – If police lacked reasonable suspicion to initiate the traffic stop, evidence collected afterward can be suppressed.
- Questioning field sobriety tests – Standardized field sobriety tests are highly subjective and often administered incorrectly.
- Attacking chemical tests – Breath or blood tests are prone to error if protocols are not followed.
- Disputing causation – Showing that intoxication did not cause the crash can dismantle the prosecution’s case.
- Presenting alternative explanations – Fatigue, distraction, or medical conditions may explain observed behavior better than intoxication.

Our goal is always to position clients for the best possible outcome—whether that means dismissal, reduction of charges, or preparing for trial.

## The Human Side Of Intoxication Manslaughter

We also recognize that these cases involve human tragedy. Families grieve, emotions run high, and the public often presumes guilt. This makes the courtroom battle even more difficult. As defense attorneys, we stand as the shield between the accused and the full weight of the State. Our clients deserve fairness, due process, and the chance to be heard. We refuse to let prosecutors exploit tragedy for an easy conviction.

## Frequently Asked Questions About Intoxication Manslaughter In Texas

### What Is Intoxication Manslaughter Under Texas Law?

Intoxication manslaughter is defined under Texas Penal Code § 49.08 as causing the death of another person by accident or mistake while operating a motor vehicle in a public place due to intoxication. It is a second-degree felony, but enhancements can increase penalties.

### What Are The Penalties For Intoxication Manslaughter In Texas?

As a second-degree felony, intoxication manslaughter carries two to twenty years in prison and up to $10,000 in fines. If the victim is a peace officer, firefighter, judge, or emergency medical personnel, the charge can be enhanced to a first-degree felony, with a sentence of five years to life.

### Can The Prosecution Rely Solely On A Blood Or Breath Test?

Yes. While chemical test results are used as evidence, they must meet strict reliability standards. Chain of custody, calibration, and testing procedures must all be followed. Errors in these processes can make test results unreliable and potentially inadmissible as evidence.

### Is Causation Always Clear In Intoxication Manslaughter Cases?

No. The State must prove intoxication caused the fatal accident. Other factors such as road conditions, weather, actions of other drivers, or mechanical issues can contribute to a crash. Establishing causation beyond a reasonable doubt is often a challenge for the prosecution.

### Can A First-Time Offender Be Charged With Intoxication Manslaughter?

Yes. Even without prior DWI convictions, a person accused of causing a death while intoxicated can be charged with intoxication manslaughter. Prior history does not need to exist for the State to bring this charge.

### Can Intoxication Manslaughter Charges Be Reduced?

Sometimes. Through strong defense strategies, negotiations, or plea agreements, charges may be reduced to lesser offenses such as criminally negligent homicide. The outcome depends on the facts of the case and the strength of the defense.

### What Role Does Accident Reconstruction Play In Defense?

Accident reconstruction is often critical. Experts can analyze skid marks, vehicle damage, and other evidence to show that intoxication did not cause the crash. This can create reasonable doubt and weaken the prosecution’s case.

### Does Refusing A Breath Or Blood Test Help The Defense?

Refusal may limit evidence, but Texas has implied consent laws under Texas Transportation Code § 724.011. Refusing a test can lead to a license suspension and may still be used by prosecutors as evidence of guilt.

### How Does Probation Work In Intoxication Manslaughter Cases?

Probation is rare in intoxication manslaughter cases, but not impossible. Courts may impose strict conditions, including community service, ignition interlock devices, and alcohol treatment programs. Sentencing alternatives depend on the facts of the case and the defense strategy.

### What Happens If An Order Of Protection Or Bond Condition Is Violated During The Case?

Violating bond conditions—such as driving without permission, drinking alcohol, or failing to appear in court—can result in revocation of bond and additional charges. Strict compliance is critical while the case is pending.

### How Long Does An Intoxication Manslaughter Case Take To Resolve?

These cases are often complex and can take a year or more to resolve, depending on investigations, expert testimony, and trial preparation. Speed should never come at the cost of a strong defense.

### Can Federal Charges Be Involved In Intoxication Manslaughter?

Generally, intoxication manslaughter is a state offense. However, if the case involves federal property or victims with federal status, additional charges could be possible. Our role is to assess every angle to prevent unnecessary exposure to enhanced prosecution.

### What Should Someone Do Immediately After Being Charged?

The first step is to remain silent and request legal counsel. Anything said to law enforcement can and will be used in court. Immediate representation ensures that rights are protected from the start.

## Call Mark Diaz & Associates For Your Free Consultation

At Mark Diaz & Associates, we know what it takes to fight intoxication manslaughter charges in Texas. We attack weak evidence, challenge unreliable testing, and expose flawed assumptions about causation. Prosecutors may come hard, but we come harder—with preparation, strategy, and the determination to protect every client’s future.

Contact our [Galveston homicide defense attorney](/homicide/) at Mark Diaz & Associates today by calling 409-515-6170 to [schedule your free consultation](/landing-form/). From our offices in Galveston, we represent clients across Houston and throughout Texas. If a life has been lost, that does not mean a defense is lost. We stand ready to fight for justice.

**Categories:** DWI Attorney, Homicide Defense Attorney

---

### [What Happens If You Are Accused Of Possession Of Child Pornography In Galveston?](https://texascriminaljustice.com/what-happens-if-you-are-accused-of-possession-of-child-pornography-in-galveston/)

**Published:** November 11, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![PaperCutOfXxxAdultOnOldBook](https://texascriminaljustice.com/wp-content/uploads/2025/11/Diaz-2-What-Happens-If-You-Are-Accused-Of-Possession-Of-Child-Pornography-In-Galveston_November-2025.jpg "PaperCutOfXxxAdultOnOldBook")As [Galveston criminal defense attorneys](/), we know that few charges are as serious and life-altering as being accused of possession of child pornography. An allegation alone can devastate reputations, careers, and families. Once law enforcement initiates an investigation, the stakes are immediate and severe. Texas prosecutors pursue these cases aggressively, often amid media attention and public pressure to secure convictions. Because of this, anyone facing such allegations must understand the legal framework, the potential penalties, and the defenses available.

Texas imposes harsh penalties for child pornography possession. These cases are generally prosecuted under [Texas Penal Code § 43.26](https://codes.findlaw.com/tx/penal-code/penal-sect-43-26/), which criminalizes the knowing or intentional possession or promotion of visual material depicting a child under age 18 engaged in sexual conduct. Each image or video may be charged separately, dramatically increasing potential penalties.

We defend clients by scrutinizing every piece of evidence, examining law enforcement’s procedures, and challenging unconstitutional searches or flawed digital forensics. An allegation is not a conviction—and the state must prove its case beyond a reasonable doubt. Our job is to protect our clients’ rights and futures through a strategic, aggressive defense.

## Texas Child Pornography Laws

Under [Texas Penal Code § 43.26(a)](https://codes.findlaw.com/tx/penal-code/penal-sect-43-26/), it is a crime to knowingly or intentionally possess or access with intent to view visual material that depicts a child under 18 engaging in sexual conduct, which includes sexual acts, lewd exhibition of genitals, or simulated sexual activity.

- Possession: Typically charged as a third-degree felony, carrying 2 to 10 years in prison and up to a $10,000 fine.
- Promotion/Distribution: Under § 43.26(b), promotion is usually charged as a second-degree felony, with penalties ranging from 2 to 20 years in prison.

Each file may be treated as a separate offense, meaning someone accused of possessing 50 images could theoretically face 50 third-degree felony counts.

A conviction also triggers mandatory sex offender registration under [Texas Code of Criminal Procedure Chapter 62](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.62.htm), which significantly impacts housing, employment, travel, and reputation—often for life.

## Federal Charges for Child Pornography

Possession of child pornography can also be prosecuted under federal law, especially when:

- Files were transmitted over the internet,
- Interstate or foreign commerce is involved,
- Federal agencies (FBI, DHS, ICE) are involved.

### Key Federal Statutes:

- 18 U.S.C. § 2252A(a)(5)(B): Criminalizes knowing possession of material involving minors.
- 18 U.S.C. § 2252A(b)(2): Sets a maximum penalty of 20 years, with a 10-year mandatory minimum if the offense involves a prior sex offense conviction.

Federal sentencing guidelines are often stricter, and convictions frequently carry mandatory minimum sentences, supervised release, and lifetime registration under federal SORNA (Sex Offender Registration and Notification Act).

## How Investigations Begin

Child pornography investigations often originate online through tips, surveillance, or automatic reporting systems.

### Common triggers:

- ISPs are federally required under 18 U.S.C. § 2258A to report suspected child pornography to the National Center for Missing and Exploited Children (NCMEC).
- NCMEC passes reports to law enforcement for follow-up.
- Law enforcement obtains search warrants under Texas Code of Criminal Procedure Art. 18.0215 to access digital devices.

Digital forensic teams then analyze hard drives, cloud storage, and mobile devices. However, forensic tools can produce false positives, and courts have recognized that files may be present without the user’s knowledge or intent.

## Defenses Against Child Pornography Allegations

We challenge these cases on constitutional, procedural, and evidentiary grounds. Common defenses include:

- Lack of Knowledge or Intent: Files may have been auto-downloaded or embedded in other content.
- Malware/Viruses: Malicious software can result in unlawful content being stored without the user’s knowledge.
- Shared Devices: Proving exclusive control over a device is essential for establishing possession.
- Unlawful Search and Seizure: Evidence obtained without a valid warrant under the Fourth Amendment or [Texas Code of Criminal Procedure Article 18.0215](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm#:~:text=September%201%2C%202021.-,Art.,a%20warrant%20under%20this%20article.) can be excluded.
- Forensic Error: Forensic software may misidentify content or retrieve remnants not knowingly accessed.

The prosecution must prove knowing, intentional possession or access with intent to view beyond a reasonable doubt.

## Consequences Beyond Prison

A conviction—even a mere accusation—can devastate a person’s life:

- Termination of employment
- Revocation of professional licenses
- Loss of child custody or visitation rights
- Mandatory sex offender registration (Chapter 62 CCP)
- Severe housing and travel restrictions

The social stigma is immediate and often irreversible. Many defendants are treated as guilty by the public long before trial. That is why experienced legal defense is essential.

## Frequently Asked Questions About Child Pornography Charges in Galveston

### What Qualifies As Child Pornography Under Texas Law?

Under Tex. Penal Code § 43.26, visual material depicting a child (under 18) engaged in sexual conduct, even if the image was self-produced or “sexted,” is considered illegal. Consent is not a defense.

### How Serious Are These Charges?

- Possession = Third-degree felony (2–10 years)
- Promotion/Distribution = Second-degree felony (2–20 years)
- Federal charges can result in 10–20 years or more, depending on the facts.

### Can Each File Lead to a Separate Charge?

Yes. Each image or video may result in a separate felony count, drastically increasing exposure to prison time.

### Is Sex Offender Registration Mandatory?

Yes. A conviction under § 43.26 requires registration under Texas CCP Chapter 62, often for life. Failure to register is itself a felony.

### What If The Material Was Only Viewed, Not Downloaded?

Texas law criminalizes both possession and access with intent to view child pornography. Federal law (18 U.S.C. § 2252A) also criminalizes knowingly accessing such material without downloading.

### Can Accidental Downloads Be a Defense?

Yes. If the files were automatically cached, embedded in other downloads, or placed there via malware, this may negate the “knowing” element required for conviction.

### What Happens If the Case Goes Federal?

Federal penalties are typically more severe, with:

- Mandatory minimums
- Longer sentences
- Stricter probation or supervised release
- Lifetime federal sex offender registration

### Can You Challenge the Forensic Evidence?

Absolutely. We often use independent digital forensics experts to examine:

- Chain of custody
- Imaging process
- Metadata and timestamps
- Potential exculpatory data overlooked by government tools

### What Should I Do If Accused?

- Do not speak to law enforcement without a lawyer.
- Do not consent to a search without a valid warrant.
- Call a criminal defense attorney immediately.

Your words or actions may be used against you. A lawyer ensures your rights are preserved from the beginning.

### How Long Will the Case Take?

Timelines vary. State cases may resolve in 3–12 months. Federal cases, particularly with large-scale forensic review, can take a year or more.

## Call Mark Diaz & Associates Today

At Mark Diaz & Associates, we defend those accused of the most serious crimes, including possession of child pornography. These cases demand aggressive, relentless representation backed by a deep knowledge of Texas law and federal criminal procedure. We know how prosecutors build their cases, and we know how to dismantle them.

Contact our [Texas pornography charge attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). From our Galveston office, we defend clients across Houston and throughout Texas. When the stakes are this high, trust our team to fight for freedom, rights, and future.

**Categories:** Pornography Charge Attorney

---

### [The Long-Term Impact Of A Sex Crime Conviction In Texas](https://texascriminaljustice.com/the-long-term-impact-of-a-sex-crime-conviction-in-texas/)

**Published:** November 18, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![WomenHoldingJusticeBalanceInOneHandWithCrimeWritten](https://texascriminaljustice.com/wp-content/uploads/2025/11/Diaz-3-The-Long-Term-Impact-Of-A-Sex-Crime-Conviction-In-Texas_November-2025.jpg "WomenHoldingJusticeBalanceInOneHandWithCrimeWritten")As [Galveston sex crime defense attorneys](/sexual-assault/), we know the weight a sex crime conviction carries. The impact does not end with a prison sentence or a fine. It is something that follows a person for years, often for life. In Texas, sex crime laws are among the strictest in the country, and once convicted, the penalties extend beyond the courtroom. Convictions may bring mandatory registration, employment restrictions, housing challenges, strained family relationships, and lifelong stigma. Federal law can also add layers of penalties that compound what state courts impose.

We fight aggressively to protect our clients because we understand that a single conviction can change the course of a person’s future. Texas prosecutors are relentless, and the statutes they use are written broadly. That is why the defense must be both strategic and forceful, challenging evidence, scrutinizing police procedure, and ensuring that constitutional rights are fully protected. When we defend against sex crime allegations, our goal is not only to fight for freedom today but to safeguard the future that hangs in the balance.

## Texas Sex Crime Statutes And Their Lasting Consequences

Texas law defines sex crimes under [Texas Penal Code Chapter 21](https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm) (Sexual Offenses) and [Chapter 22](https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm) (Assaultive Offenses). Offenses can include sexual assault, aggravated sexual assault, indecency with a child, and possession or distribution of child pornography. Many of these crimes carry lengthy prison terms and steep fines.

Federal law also comes into play. For example, under [18 U.S.C. § 2252](https://www.law.cornell.edu/uscode/text/18/2252), possession or distribution of child pornography carries penalties of up to 20 years. Crossing state lines for illegal sexual activity is prosecuted under [18 U.S.C. § 2423](https://www.law.cornell.edu/uscode/text/18/2423). In cases involving internet use, child pornography, or interstate activity, defendants may face parallel state and federal investigations. The law does not stop punishing once the sentence ends. Sex offender registration, collateral consequences, and the destruction of a reputation often last for decades.

## Sex Offender Registration Requirements

One of the most damaging outcomes of a conviction is mandatory registration. Under the Texas Code of Criminal Procedure Chapter 62, convicted individuals must register as sex offenders. Registration can last for ten years, or in many cases, for life. The registry is public, meaning friends, family, neighbors, and employers can see the listing.

The registry imposes reporting requirements that must be strictly followed. Failing to comply with registry rules can result in additional felony. That means a mistake as simple as failing to update an address can lead to new charges and new penalties.

## Employment And Career Restrictions

Employment opportunities shrink dramatically after a sex crime conviction. Texas law prohibits registered offenders from working in certain fields, including education, childcare, and health care. Professional licenses often cannot be obtained or are revoked once a conviction is entered.

Even in fields not explicitly restricted, background checks often eliminate candidates. Employers are hesitant to hire someone with a sex crime conviction, regardless of skill or qualifications. For many clients, this becomes one of the harshest long-term realities of living with a record.

## Housing And Residency Limits

In addition to employment restrictions, housing options are limited. Many municipalities impose residency restrictions for registered sex offenders. For example, offenders cannot live within a certain distance of schools, parks, or daycare centers. This forces many into limited housing markets, often at higher costs and with fewer options.

Landlords frequently refuse to rent to registered offenders, even when the law does not explicitly bar them. This creates instability and makes it difficult to rebuild a stable life after serving a sentence.

## Family And Custody Ramifications

Family life suffers greatly under a sex crime conviction. Courts consider registration status when determining child custody and visitation. Under Texas Family Code § 153.004, a parent with a history of sexual abuse or conviction may be denied custody or have supervised visitation only. This law is designed to protect children, but it can also be devastating to a parent who wants to maintain a relationship with their child.

Divorce and custody battles become more contentious when one spouse uses a sex crime conviction as leverage. These cases require strong legal representation to prevent the automatic loss of parental rights.

## Federal Consequences Beyond Texas Law

A Texas conviction may also trigger federal consequences. Federal immigration law treats sex crimes as aggravated felonies, which can result in deportation for non-citizens under [8 U.S.C. § 1227(a)(2)(A)(iii)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim). Federal funding for housing, education, and employment programs is often denied to individuals with sex crime records.

Additionally, a conviction can restrict travel internationally. Some countries, such as Canada and Australia, restrict or deny entry to individuals with sex crime convictions. The U.S. government also notifies foreign governments when registered offenders travel abroad. This adds another layer of isolation and lost opportunity.

## Social Stigma And Reputational Damage

Even after completing a sentence and complying with registration, the stigma remains. Being labeled a sex offender carries enormous social consequences. Neighbors, employers, and even family members may withdraw support. Clients often describe feeling as though the punishment never ends.

This stigma is exactly why we fight so hard. We know that a false allegation, an overcharged case, or a weak prosecution can still ruin a life if not challenged. Winning at trial, negotiating reduced charges, or getting charges dismissed is not just about the present—it is about saving someone’s future.

## Frequently Asked Questions About Sex Crime Convictions In Texas

### What Is The Difference Between A Misdemeanor And A Felony Sex Crime In Texas?

Sex crimes in Texas are almost always felonies. Some lower-level offenses, like public lewdness under Texas Penal Code § 21.07, may be charged as a Class A misdemeanor. But crimes such as sexual assault (§ 22.011) or possession of child pornography (§ 43.26) are felonies that carry severe penalties. The felony designation matters because it brings longer prison sentences and mandatory registration.

### How Long Does Sex Offender Registration Last In Texas?

Under Tex. Code Crim. Proc. Art. 62.101, registration can last ten years for certain offenses, but most convictions require lifetime registration. Crimes involving children or violence almost always trigger permanent registration. The court does not have discretion to shorten the term once imposed.

### Can A Sex Crime Conviction Be Expunged In Texas?

Generally, no. Under Texas law, most sex crime convictions, including those resolved through deferred adjudication, cannot be sealed or expunged, particularly if sex offender registration is required. Deferred adjudication may offer some relief in certain situations, but even then, registration requirements almost always remain. Once a plea is entered and/or convicted, the record is nearly impossible to erase.

### What Happens If Someone Fails To Comply With Registration Rules?

Failure to register is itself a felony under Tex. Code Crim. Proc. Art. 62.102. Penalties range from state jail felonies to first-degree felonies, depending on the original offense. Courts treat non-compliance as a serious violation, and prosecutors often push for harsh penalties.

### Can A Sex Crime Conviction Affect Child Custody?

Yes. Under Texas Family Code § 153.004, a parent with a history of sexual abuse or conviction may lose custody rights or face supervised visitation. Courts prioritize the child’s safety above all else, and registration status is a critical factor in custody disputes.

### Are There Federal Consequences For Sex Crime Convictions?

Yes. Federal law bars firearm possession under 18 U.S.C. § 922(g) for individuals convicted of certain sex crimes. Non-citizens face deportation under 8 U.S.C. § 1227(a). International travel may also be restricted. These federal consequences add significant weight to any conviction.

### Can Someone With A Sex Crime Conviction Live Anywhere In Texas?

Not always. Many cities impose residency restrictions preventing registered offenders from living near schools, playgrounds, or daycare centers. These restrictions vary by city, but can make it difficult to find reasonable and/or affordable housing.

### Do Prosecutors Often Pursue Federal Charges Along With Texas Charges?

Yes. If evidence involves the internet, crossing state lines, or federal property, federal prosecutors may step in. Charges under 18 U.S.C. §§ 2251–2252 for child pornography or exploitation often overlap with Texas charges, putting defendants at risk of facing both state and federal cases.

### How Does A Sex Crime Conviction Affect Employment?

A conviction can disqualify individuals from professions requiring licenses, such as teaching, health care, and law enforcement. Even in industries without licensing requirements, employers often reject applicants after background checks. This limits career options for decades.

### Can Sex Crime Charges Be Fought Successfully?

Yes. We have defended many clients by challenging the credibility of witnesses, attacking forensic evidence, and exposing constitutional violations. Cases involving digital evidence, for example, often have chain-of-custody problems. A strong defense can result in dismissal, reduced charges, or an acquittal.

### What Is The Biggest Long-Term Consequence Of A Sex Crime Conviction?

Mandatory registration is often the harshest consequence because it continues long after prison time ends. Employment barriers, housing restrictions, and social stigma are all tied directly to registration status. For many clients, life is never the same once placed on the registry.

## Call Mark Diaz & Associates Today

At Mark Diaz & Associates, we know what is at stake in sex crime cases. We defend aggressively because we understand the lifelong consequences of a conviction. From our Galveston office, we represent clients across Houston and throughout Texas, fighting to protect their rights, their freedom, and their future.

Contact our [Texas sexual assault attorney](/sexual-assault/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We are ready to fight for those facing the toughest charges under Texas law.

**Categories:** Sexual Assault Attorney

---

### [Defending Against Self-Defense Claims In Galveston Homicide Cases](https://texascriminaljustice.com/defending-against-self-defense-claims-in-galveston-homicide-cases/)

**Published:** November 25, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![homicide](https://texascriminaljustice.com/wp-content/uploads/2025/11/Diaz-4-Defending-Against-Self-Defense-Claims-In-Galveston-Homicide-Cases_November-2025.jpg "homicide")As [Galveston homicide defense attorneys](/homicide/), we know that few defenses are as misunderstood or as fiercely contested as self-defense. Texas law recognizes that individuals have the right to protect themselves, but prosecutors are quick to challenge whether that right was exercised lawfully. Every word, every action, and every split-second decision made during an encounter will be dissected in court. Jurors may sympathize with someone who claims they acted in fear, but they will also weigh whether that fear was reasonable and whether deadly force was justified.

When facing homicide charges, the stakes could not be higher. Under [Texas Penal Code §19.02](https://statutes.capitol.texas.gov/docs/pe/htm/pe.19.htm), murder carries penalties ranging from five years to 99 years or life in prison. Even manslaughter under [Texas Penal Code §19.04](https://codes.findlaw.com/tx/penal-code/penal-sect-19-04/) can result in a 20-year sentence. The difference between freedom and decades behind bars often comes down to how the defense presents or challenges a claim of self-defense. Federal law can also intersect, particularly when firearms are involved, under [18 U.S.C. §922](https://www.law.cornell.edu/uscode/text/18/922), which regulates possession by prohibited persons.

Our role as defense attorneys is not simply to argue the facts—it is to dismantle the prosecution’s narrative and expose weaknesses in their case that support claims of self-defense. Whether defending someone accused of homicide or advocating a self-defense claim, we approach each case with the same commitment: to fight relentlessly for our client’s freedom.

## Understanding Self-Defense Under Texas Law

Texas law lays out the right to self-defense in [Texas Penal Code §9.31](https://codes.findlaw.com/tx/penal-code/penal-sect-9-31/) and the right to use deadly force in [Texas Penal Code §9.32](https://codes.findlaw.com/tx/penal-code/penal-sect-9-32/). These statutes provide that a person may use deadly force if:

- They reasonably believed it was immediately necessary to protect themselves against another’s use or attempted use of unlawful deadly force.
- They were not the initial aggressor or engaged in criminal activity at the time.

The state’s “Stand Your Ground” provision means there is no duty to retreat if a person is lawfully present at the location where the force is used and did not provoke the person that the force was used against. However, prosecutors will often argue that the defendant provoked the encounter or escalated the situation beyond what was necessary to undermine a self-defense claim.

In homicide cases, this defense can mean the difference between acquittal and conviction. Our job is to highlight facts and evidence that support a claim of self-defense that the State has overlooked or ignored.

## The Role Of Evidence In Self-Defense Cases

Evidence is the battlefield in self-defense claims. We aggressively scrutinize:

- Witness Testimony – Did bystanders observe aggressive behavior? Are their accounts consistent?
- Forensic Evidence – Ballistics, autopsies, and trajectory analysis can help confirm a self-defense narrative.
- Video and Digital Records – Surveillance cameras, bodycams, and even cell phone footage often reveal more than spoken testimony.

By carefully piecing together evidence, we build a strategy that reinforces legitimate self-defense.

## Common Prosecution Tactics Against Self-Defense

Prosecutors in Galveston and across Texas are relentless when self-defense is raised. They often argue:

- The defendant was the initial aggressor or provoked the other person.
- The force used was excessive compared to the threat.
- The danger had passed when deadly force was used.
- The defendant was engaged in criminal conduct at the time, voiding the right to self-defense.

We know these strategies inside and out, and we prepare to counter them with factual precision, expert testimony, and aggressive cross-examination.

## Federal Implications Of Self-Defense Claims

While homicide is prosecuted under Texas law, federal law may come into play if firearms were used unlawfully. Under [18 U.S.C. §922(g)](https://www.law.cornell.edu/uscode/text/18/922), individuals prohibited from firearm possession—such as felons—cannot lawfully claim self-defense with a weapon. In such cases, federal prosecutors may file charges alongside state homicide counts, compounding penalties.

## Building A Relentless Defense Strategy

When defending against self-defense claims in homicide cases, we approach the case with dual objectives:

- Expose Weaknesses In The Claim – If the prosecution claims the defendant fabricated self-defense, we highlight inconsistencies, unreliable witnesses, or flawed forensic interpretations.
- Protect Legitimate Self-Defense Rights – If our client acted lawfully, we drive home the immediacy of the threat, the reasonableness of their fear, and the proportionality of their response.

This combination of offensive and defensive tactics ensures we never allow the prosecution to control the narrative.

## Frequently Asked Questions About Self-Defense In Galveston Homicide Cases

### What Is Considered Reasonable Fear Under Texas Law?

Reasonable fear is measured against what an ordinary person in the same circumstances would believe. If a person faced an immediate threat of deadly force, Texas law under §9.32 allows the use of deadly force. However, if the threat was exaggerated, prosecutors will argue the fear was unreasonable.

### Does Texas Require A Person To Retreat Before Using Deadly Force?

No. Texas has a Stand Your Ground law under §9.32(c), meaning a person who is lawfully present does not need to retreat. However, the defense must still prove that deadly force was necessary.

### Can Self-Defense Be Used If The Defendant Started The Fight?

Generally no. Under §9.31(b), a person who provokes the encounter cannot later claim self-defense unless they clearly abandoned the fight and communicated that withdrawal, yet the other party continued the attack.

### How Does Intoxication Affect A Self-Defense Claim?

If a defendant was intoxicated, prosecutors often argue judgment was impaired. While intoxication alone does not void self-defense, it complicates whether the belief in danger was reasonable.

### What Role Do Firearms Laws Play In Self-Defense Claims?

If a defendant was prohibited from possessing a firearm under federal law, the self-defense claim may still apply to the state homicide charge, but separate federal firearm charges under 18 U.S.C. §922(g) can still be filed. This can increase sentencing exposure.

### Does Texas Law Allow Deadly Force To Protect Property?

In limited cases, yes. Under §9.42, deadly force may be used to prevent specific serious crimes like burglary, robbery, or arson. However, applying this to homicide cases requires careful legal argument and is heavily scrutinized.

### How Do Prosecutors Attack A Self-Defense Claim In Homicide Trials?

They focus on disproving the immediacy of the threat, showing the defendant escalated the encounter, or portraying the use of force as disproportionate. They may also emphasize motive, such as anger or revenge, to argue the homicide was not defensive.

### What Penalties Apply If Self-Defense Fails As A Defense?

If the jury rejects self-defense, the defendant faces full sentencing under homicide statutes. Murder under §19.02 carries five years to life. Manslaughter under §19.04 carries up to 20 years. Sentencing depends on the charge and circumstances.

### Can Prior Threats From The Victim Support A Self-Defense Claim?

Yes. Evidence of prior threats or violence by the alleged victim can strengthen the reasonableness of fear. Texas courts often allow this evidence if it is directly tied to the incident in question.

### Can A Self-Defense Claim Still Succeed If The Defendant Fired Multiple Shots?

Yes, but prosecutors often argue that firing multiple rounds shows excessive force. Texas courts look at whether the continued use of force was necessary under Texas Penal Code §9.32. If the threat remained active, multiple shots may still be justified. If the evidence shows the threat had ended, the additional shots can undermine the defense.

### What Happens If The Person Claiming Self-Defense Was Engaged In Another Crime?

Under §9.31(b)(5), a person cannot claim self-defense if they were engaged in criminal activity beyond a minor traffic violation at the time of the homicide. For example, if the defendant was committing burglary or drug trafficking, the self-defense claim is significantly weakened.

### Do Texas Juries Tend To Be Sympathetic Toward Self-Defense Claims?

It depends on the circumstances. Texas juries often respect the right to self-defense, but sympathy quickly fades if the evidence suggests the defendant escalated the conflict or acted out of anger instead of fear. Jury instructions under Texas Code of Criminal Procedure §36.14 require jurors to carefully weigh the evidence before applying self-defense.

### What Role Do 911 Calls Or Immediate Statements Play In These Cases?

Statements made to 911 operators or police at the scene are often introduced as evidence. If those statements show genuine fear and urgency, they can support a self-defense claim. On the other hand, inconsistencies between those statements and later testimony may be used by prosecutors to undermine credibility.

### Are Self-Defense Claims Harder To Prove In Domestic Violence-Related Homicides?

Yes. In cases involving spouses, partners, or family members, prosecutors frequently argue that the homicide stemmed from ongoing conflict rather than immediate danger. However, under Texas Penal Code §9.31(a), if the defendant reasonably believed deadly force was necessary, self-defense can still apply. Courts may allow history of abuse into evidence to establish the reasonableness of the fear.

### Can Forensic Experts Make Or Break A Self-Defense Claim?

Absolutely. Ballistics experts, blood spatter analysts, and medical examiners often testify in homicide trials. Their conclusions can either confirm the defendant’s account or contradict it. Effective defense attorneys aggressively cross-examine these experts to expose weaknesses and present counter-experts when necessary.

### Does Texas Law Treat Defense Against Multiple Attackers Differently?

Yes. If the defendant reasonably believed deadly force was necessary to defend against two or more attackers, the law under §9.32 still applies. The reasonableness of fear is measured against the collective threat, not just one individual. This can make the defense stronger in multi-attacker situations.

### What Is The Difference Between Imperfect Self-Defense And Complete Self-Defense?

“Imperfect” self-defense occurs when the defendant honestly believed deadly force was necessary, but that belief was unreasonable. Texas law does not formally recognize imperfect self-defense as a complete defense, but it can sometimes reduce a murder charge to manslaughter under §19.04. Complete self-defense results in acquittal.

## Call Mark Diaz & Associates To Defend Your Case

At Mark Diaz & Associates, we treat every homicide defense as a battle for freedom. Self-defense claims are complex, and prosecutors in Galveston and Houston exploit every weakness. We are aggressive in court, relentless in cross-examination, and strategic in negotiations. Our job is to protect our clients with strength, precision, and absolute commitment.

Contact our [Texas criminal law attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). From our office in Galveston, we defend clients throughout the Houston metro and across Texas.

**Categories:** Criminal Law Attorney

---

### [What Happens If You Refuse A Breath Or Blood Test After A DWI Arrest In Texas?](https://texascriminaljustice.com/what-happens-if-you-refuse-a-breath-or-blood-test-after-a-dwi-arrest-in-texas/)

**Published:** December 2, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DoctorHoldingATestBloodSampleTubeWithAlcoholTest](https://texascriminaljustice.com/wp-content/uploads/2025/12/Diaz-1-Penalties-For-Refusing-a-Breath-or-Blood-Test-After-a-DWI-Arrest-in-Texas_December-2025.jpg "DoctorHoldingATestBloodSampleTubeWithAlcoholTest")In Galveston, a DWI arrest can happen faster than most people expect. A simple traffic stop along Seawall Boulevard or I-45 can escalate into a full-blown criminal investigation once an officer suspects intoxication. At that point, refusing to take a breath or blood test can feel like the only way to protect oneself. However, under Texas Transportation Code §724.011, every driver in Texas gives “implied consent” to chemical testing as a condition of operating a motor vehicle. Refusing the test triggers immediate legal consequences—both administrative and criminal.

Our attorneys at Mark Diaz & Associates have defended countless DWI cases in Galveston County Criminal Court at Law No. 1 and surrounding jurisdictions, including Texas City, League City, Dickinson, and Santa Fe. We know how the prosecution operates, how officers collect evidence, and how to attack their procedures when rights are violated. This discussion explains what happens after a refusal, what laws apply, and what defenses can make a difference.

## Understanding Texas Implied Consent Law

Under [Tex. Transp. Code §724.011](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm#724), any person arrested for DWI is deemed to have consented to the taking of one or more chemical tests—typically a breath or blood sample—to determine alcohol concentration or the presence of controlled substances. While a driver can refuse, §724.015 requires law enforcement to read the statutory warnings explaining the penalties for refusal, including immediate license suspension.

If the officer has probable cause and the suspect refuses, the officer may request a search warrant to obtain a blood sample. Judges in Galveston County often approve these warrants within minutes, particularly in cases involving accidents, prior DWIs, or minors in the vehicle.

## The Consequences Of Refusing A Test

Refusal does not mean the case goes away. In fact, the refusal itself becomes evidence at trial. Prosecutors routinely argue that declining a test shows “consciousness of guilt.”

Under [Tex. Transp. Code §724.035](https://codes.findlaw.com/tx/transportation-code/transp-sect-724-035/), the Texas Department of Public Safety (DPS) automatically suspends a driver’s license for 180 days for a first refusal and two years for a second or subsequent refusal within ten years. The suspension begins 40 days after arrest unless the individual requests an Administrative License Revocation (ALR) hearing within 15 days.

Our team aggressively contests these suspensions. We subpoena the arresting officer, cross-examine their basis for the stop, and challenge the legality of any alleged probable cause. Many times, these hearings reveal flaws in the officer’s report that later help dismiss or reduce the criminal charge.

## Criminal Penalties Still Apply

Even though refusal is an administrative violation, the underlying DWI charge still proceeds. A first-offense DWI is typically a Class B misdemeanor under Tex. Penal Code §49.04, carrying up to 180 days in jail and a fine of up to $2,000. If a breath or blood test later shows a blood alcohol concentration (BAC) of 0.15 or higher, the charge may rise to a Class A misdemeanor, doubling potential jail time and fines. Refusing the test does not eliminate evidence of impairment—officers often rely on field sobriety tests, dash-cam footage, or witness observations to build a case.

## Hypothetical Example (For Illustrative Purposes Only)

Consider a hypothetical driver leaving a restaurant on the Galveston Seawall. An officer observes the vehicle drifting slightly between lanes and initiates a stop. The driver declines field sobriety tests and refuses the breath test at the jail. The officer obtains a warrant, and a blood draw later reveals a BAC of 0.13%. In this example, the refusal added an automatic license suspension and became trial evidence of guilt, even though the officer later obtained a blood sample. This scenario illustrates why refusal can complicate a defense rather than protect it.

## How Law Enforcement Uses Warrants After Refusal

When a driver refuses, officers often pursue a search warrant for blood under §724.012(b). In Galveston County, judges are available by phone or electronic system to authorize warrants within minutes. Once approved, the officer escorts the suspect to a medical facility or utilizes trained personnel at the jail to perform a draw. Refusal does not guarantee the absence of evidence; it simply delays collection and increases penalties.

## Defenses Against DWI Test Refusal Cases

Our attorneys attack DWI refusal cases from every angle:

- Illegal Stop – If the traffic stop violated constitutional standards, all subsequent evidence—including the refusal—can be suppressed.
- Improper Warning – If the officer failed to properly advise under §724.015, the refusal may not be admissible.
- Lack of Probable Cause – Without clear indicators of intoxication, the arrest itself may be unlawful.
- Procedural Errors At The ALR Hearing – DPS must prove lawful arrest and proper notice; any inconsistency can save a license.
- Search Warrant Issues – Judges must have sufficient sworn facts to issue a blood warrant. Any defect can lead to the suppression of results.

Our firm is known for courtroom toughness and strategic precision. Every DWI case requires an aggressive defense and a deep understanding of Galveston’s local legal culture. We fight to expose police shortcuts and challenge the state’s assumptions at every step.

## The Administrative License Revocation (ALR) Hearing

A separate administrative process determines whether DPS can suspend a license. This is not a criminal proceeding but occurs before a State Office of Administrative Hearings (SOAH) judge. Evidence includes police reports, the DIC-24 statutory warning, and officer testimony. Defendants have the right to cross-examine witnesses and present evidence.

Winning an ALR hearing not only saves a license but can strengthen the defense later. Officers frequently make inconsistent statements between the arrest report and the hearing testimony. Our attorneys use those inconsistencies to discredit their testimony at trial.

## How A Skilled Defense Can Protect The Future

In many cases, prosecutors rely on the refusal to push for plea deals or harsher penalties. A strategic defense focuses on undermining the state’s confidence in its evidence. By challenging legality, procedure, and officer credibility, our team often secures dismissals, reductions, or alternative resolutions such as deferred adjudication or pretrial diversion.

Our reputation in Galveston County Criminal Court is built on aggressive advocacy and an unrelenting commitment to protecting constitutional rights. We fight every DWI as if it could go to trial, forcing the prosecution to prove every element beyond a reasonable doubt.

## Frequently Asked Questions About DWI Test Refusal In Texas

### What Happens Immediately After Refusing A Breath Or Blood Test?

Once a driver refuses, the officer confiscates the Texas driver’s license and issues a Notice of Suspension (DIC-25). This document acts as a temporary driving permit for 40 days. The clock starts ticking to request an ALR hearing, which must be filed within 15 days. Failure to act results in automatic suspension.

### Can A Refusal Be Used As Evidence At Trial?

Yes. Prosecutors often argue that a refusal demonstrates awareness of guilt. However, defense counsel can counter that fear of needles, distrust of testing devices, or confusion during arrest explains the decision.

### Can Police Force A Blood Draw After A Refusal?

Yes, with a valid warrant or under specific exceptions such as serious injury or death. Under §724.012(b), law enforcement may compel a sample when probable cause exists and judicial authorization is obtained.

### Is It Better To Refuse Or Submit To Testing?

Every case is unique. Refusal avoids immediate BAC evidence but triggers suspension and creates adverse inferences. Submission may produce incriminating results, but it avoids certain administrative penalties. Defense strategy depends on facts, prior record, and officer conduct.

### How Long Does A Refusal Suspension Last?

For first refusals, 180 days; for subsequent refusals within ten years, two years. If the ALR hearing is won, no suspension applies.

### Can A DWI Charge Still Be Proven Without A Test Result?

Yes. Prosecutors can rely on officer observations, field sobriety tests, and video footage to argue impairment. That is why skilled cross-examination and detailed evidence review are critical.

### What Is The Difference Between Refusal And Failure?

Refusal means declining the test entirely; failure means submitting but testing above 0.08%. Both result in license consequences but differ in suspension length and evidentiary impact.

### Can An Attorney Challenge The Blood Warrant?

Absolutely. Warrants must be supported by probable cause and signed by a neutral magistrate. Any defect—such as missing affidavits, lack of witness oath, or inconsistent statements—can invalidate the test results.

What Should Be Done Immediately After A Refusal Arrest?

Time is critical. Request the ALR hearing, retain a defense lawyer, and avoid discussing details with law enforcement. Every statement made post-arrest can be used by prosecutors.

### Can Refusal Affect Future DWIs?

Yes. A prior refusal can enhance penalties in later cases, resulting in longer suspensions or felony charges under repeat-offender statutes.

### Do Refusal Cases Ever Go To Trial?

Yes, and our firm tries them regularly in the Galveston County Criminal Court. Many officers exaggerate their observations; cross-examination exposes inconsistencies that lead to acquittals.

### Can A Refusal Case Be Expunged Or Sealed?

Possibly. If the case is dismissed or results in an acquittal, an attorney can petition under Tex. Code Crim. Proc. §55.01 for expunction. Deferred adjudication may qualify for nondisclosure after waiting periods.

### Does The Court Treat Refusal Differently From Other DWIs?

Often yes. Judges see refusal as an aggravating factor. However, a strong defense narrative that explains legitimate reasons for refusal can significantly shift perception.

### Can The License Be Reinstated Early?

DPS allows for occupational driver’s licenses under Tex. Transp. Code §521.242, permitting limited driving privileges for work or essential needs. Legal assistance is essential to obtain and maintain compliance.

## Call Mark Diaz & Associates For Aggressive DWI Defense

Every DWI case in Galveston County demands immediate, strategic, and fearless representation. At Mark Diaz & Associates, we fight aggressively for clients facing breath or blood test refusals. Our courtroom reputation is built on results—earned through preparation, toughness, and precision.

If you or someone you know has been arrested for a first-time DWI, contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). The firm represents clients in Galveston, Houston, League City, Texas City, Dickinson, and throughout Harris and Galveston Counties. When prosecutors push, our attorneys push harder.

**Categories:** DWI Attorney

---

### [Understanding Domestic Violence Charges in Texas and How to Protect Yourself](https://texascriminaljustice.com/texas-domestic-violence-charges/)

**Published:** December 7, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Red and blue police lights flashing on top of a patrol car at night.](https://texascriminaljustice.com/wp-content/uploads/2025/12/ai-generated-8542504_1280.jpg "ai-generated-8542504_1280")

## What Domestic Violence Charges Cover in Texas

**[Domestic violence charges](/domestic-violence/)** in Texas are defined broadly under the family code. A “family member” can include spouses, current or former partners, and even ex-girlfriends or boyfriends. This liberal definition means that many personal disputes between individuals in close relationships can fall under the domestic violence statute.

## How a Simple Argument Can Escalate to Criminal Charges

Domestic violence cases often arise from emotionally charged situations. When law enforcement becomes involved, actions or statements made during the incident can escalate the situation in the eyes of the police. Even minor incidents can quickly evolve into criminal cases if officers observe injuries or aggressive behavior.

## Mandatory Arrests and Police Procedures

Police in Texas can make arrests even if the alleged victim does not want to press charges. For example, if officers observe physical injuries during a domestic disturbance, the offending party may be arrested regardless of the victim’s wishes. Mark Diaz recounts a case where a woman struck her husband while he was handcuffed, leading to her arrest despite the original conflict being between others.

## Collateral Consequences Before Conviction

Domestic violence arrests can immediately impact gun ownership, custody, and other legal rights. Courts frequently impose bond conditions preventing possession of firearms or ammunition, and a conviction can result in the loss of gun rights for at least five years. For some individuals, these consequences are significant enough to affect decisions in related legal or personal matters.

## Exercising the Right to Remain Silent

**[Mark Diaz](/team_member/mark-diaz/)** emphasizes the importance of exercising the right to remain silent. Individuals accused of domestic violence should avoid giving statements to police without an attorney present. Respectfully invoking this right prevents misinterpretation or escalation and protects the accused from inadvertently providing evidence against themselves.

## Building a Defense in “He Said, She Said” Cases

Domestic violence cases often involve conflicting narratives without witnesses. Attorneys rely on objective evidence, such as body camera footage, photos of injuries, or other documentation, to evaluate the credibility of claims. By refraining from providing statements to police, defendants allow attorneys to build an effective defense without being constrained by their own prior accounts.

## Differences Between Misdemeanor and Felony Domestic Violence Charges

Misdemeanor domestic violence charges typically carry a maximum of one year in county jail and may result in probation or deferred adjudication. Felony charges involve more severe penalties, including potential prison time. The long-term impact on an individual’s life, including employment, housing, and professional opportunities, is substantially greater with felony convictions.

## Common Misconceptions About Domestic Violence Cases

Many people assume that calling police will simply resolve conflicts without arrests. In reality, law enforcement may detain or arrest one or both parties, regardless of the original intent. Alcohol or other factors can further complicate these situations. Misunderstandings about the process highlight the importance of legal counsel before taking any action.

## The Importance of Legal Representation

Mark Diaz stresses that speaking directly to the district attorney without representation can lead to unintended consequences, such as losing gun rights or other collateral legal effects. Hiring a knowledgeable attorney ensures that rights are protected, and that individuals are fully informed of potential consequences before making decisions.

## First Steps to Take When Facing Domestic Violence Accusations

For anyone accused of domestic violence, the first and most important step is to contact an experienced attorney. Individuals should also exercise their right to remain silent and avoid making any statements to police without counsel. Early legal guidance can prevent unnecessary arrests, protect personal rights, and mitigate collateral consequences such as restrictions on firearms or professional limitations.

## Conclusion

Domestic violence charges in Texas carry serious legal and personal consequences, even before conviction. Early intervention by a qualified attorney, combined with a careful understanding of rights and procedures, is crucial for protecting oneself and minimizing long-term impacts. For professional assistance, individuals can contact Mark Diaz and the team at texascriminaljustice.com/ to review their situation and take the appropriate next steps.

**Categories:** Domestic Violence Defense Lawyer

---

### [How A Bar Fight Can Lead To A Felony Assault Charge In Texas](https://texascriminaljustice.com/how-a-bar-fight-can-lead-to-a-felony-assault-charge-in-texas/)

**Published:** December 8, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![QuarrelAndFightOfDrunkFriendsAtSportsBar](https://texascriminaljustice.com/wp-content/uploads/2025/12/bar-fight.jpg "QuarrelAndFightOfDrunkFriendsAtSportsBar")Bar fights are often impulsive and fueled by emotion, alcohol, or a misunderstanding that quickly escalates. What starts as a heated exchange of words can turn into a violent altercation with serious criminal consequences. In Texas, even a brief physical confrontation inside or outside a Galveston bar can lead to felony assault charges under the Texas Penal Code.

As criminal defense attorneys serving Galveston and the surrounding Houston communities, we have seen how easily these situations spiral. People rarely intend to cause long-term harm, but a single punch, push, or thrown object can change everything. Texas law treats assault seriously, and prosecutors are quick to pursue charges when injuries occur or when a weapon is involved. Understanding how these cases are classified, charged, and defended is essential for anyone accused of assault after a bar fight.

## Understanding Texas Assault Laws

Texas law defines assault broadly under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm). A person commits assault if they:

- Intentionally, knowingly, or recklessly cause bodily injury to another person;
- Intentionally or knowingly threaten another person with imminent bodily injury; or
- Intentionally or knowingly cause physical contact with another when they know or should reasonably believe the other person will regard it as offensive or provocative.

The severity of an assault charge depends on the extent of injury, intent, and circumstances of the altercation. While some bar fights may lead to misdemeanor assault charges, others can escalate into felonies carrying years of prison time.

## When A Bar Fight Becomes A Felony

Under [Texas Penal Code § 22.02](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.22.pdf), an assault becomes aggravated assault, a felony, when:

- Serious bodily injury occurs, or
- A deadly weapon is used or exhibited during the assault.

In the context of a bar fight, prosecutors often argue that items such as bottles, pool cues, or even chairs qualify as deadly weapons because they can cause serious harm. Once a weapon is introduced—or even alleged—the case can shift from a misdemeanor to a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.

If the altercation involved a public servant, security officer, or an intimate partner, the offense can be enhanced to a first-degree felony, potentially carrying a sentence of 5 to 99 years depending on the facts.

## Common Scenarios Leading To Felony Assault

1. Injury From A Single Punch: A single strike causing a concussion or broken bone can be charged as aggravated assault if prosecutors argue it resulted in “serious bodily injury.”
2. Use Of An Object As A Weapon: Throwing a bottle, using a pool stick, or even pushing someone into furniture can qualify as using a deadly weapon.
3. Fighting With Security Staff: Texas law increases penalties for assaults on security guards, bouncers, or law enforcement, even when the accused claims self-defense.
4. Mutual Combat Gone Wrong: Even if both participants willingly fight, the person who causes significant injury can still face criminal charges. Texas law does not recognize “mutual consent” as a complete defense.

## The Role Of Alcohol And Intent

Many bar fights involve intoxication, but under [Texas Penal Code § 8.04](https://codes.findlaw.com/tx/penal-code/penal-sect-8-04/), voluntary intoxication is not a defense to criminal charges. Prosecutors do not excuse behavior simply because alcohol impaired judgment. However, lack of intent can still be a key defense strategy.

Our team often argues that the accused never intended to cause serious harm and acted in the heat of the moment or in self-defense. Understanding how to separate poor judgment from criminal intent is vital in building a strong defense.

## Self-Defense In Texas Bar Fight Cases

Under [Texas Penal Code § 9.31](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#9.32), individuals are justified in using force when they reasonably believe it is immediately necessary to protect themselves against another’s unlawful force. However, the force used must be proportionate.

If someone throws a punch, responding with a weapon or excessive force can eliminate the protection of self-defense. Likewise, if the accused started the altercation or continued to fight after the threat ended, prosecutors may argue that self-defense no longer applies.

A skilled defense attorney in Galveston will gather surveillance footage, witness testimony, and medical evidence to demonstrate that the accused acted reasonably and only used the amount of force necessary to prevent harm.

## How Police And Prosecutors Handle Bar Fight Arrests

Law enforcement officers in Galveston often respond quickly when a disturbance occurs in a public place. When officers arrive, they typically separate witnesses, interview participants, and arrest whoever appears to be the aggressor. Unfortunately, this initial determination can be one-sided, especially if witnesses are intoxicated or the accused tried to defend someone else.

## Potential Penalties For Felony Assault

Penalties depend on the classification of the offense:

- Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000.
- Third-Degree Felony: 2 to 10 years in prison and fines up to $10,000.
- Second-Degree Felony (Aggravated Assault): 2 to 20 years in prison and fines up to $10,000.
- First-Degree Felony: 5 to 99 years or life in prison for cases involving deadly weapons or victims such as public servants.

A felony conviction also results in a permanent criminal record, loss of firearm rights, and long-term consequences for employment and housing.

## Defending Against A Felony Assault Charge

Every assault case is unique. As Galveston defense attorneys, we examine the full context before presenting a defense strategy. Common defenses include:

- Self-Defense: The accused used force only to protect against an immediate threat.
- Defense of Others: The accused acted to protect another person from harm.
- Lack of Intent: The incident was an accident.
- Mutual Combat: Both parties voluntarily engaged in the fight, so long as serious bodily injury isn’t inflicted.
- Insufficient Evidence: Witnesses may contradict each other or lack credibility.
- Police Misconduct or Errors: Improper arrests, biased investigations, or violating the defendant’s constitutional rights can weaken or even obliterate the prosecution’s case.

## The Importance Of Early Legal Representation

After a bar fight arrest, every decision made can influence the outcome. Speaking to law enforcement without counsel can be damaging. Prosecutors may use statements, texts, or social media posts as evidence.

Having a defense attorney involved immediately allows for early investigation—gathering surveillance footage from bars, interviewing witnesses before memories fade, and working to prevent formal charges from being filed. In some cases, early negotiation can lead to pre-trial diversion or deferred adjudication, allowing the accused to avoid a conviction.

## How Character And Context Affect Outcomes

Judges and juries in Galveston often consider the defendant’s history and behavior. A clean criminal record, steady employment, and strong community ties can influence sentencing or plea negotiations. Conversely, repeat offenses or prior violent conduct increase the likelihood of harsher penalties.

An experienced defense team presents the full picture—showing the person behind the charge, not just the incident. This can make the difference between probation and prison time.

## Expungement And Record Sealing Options

Even when cases are dismissed, arrest records can remain public unless formally sealed. Under the Texas Code of Criminal Procedure Chapter 55, individuals may qualify for an expunction which would then allow them to petition the court to have criminal records removed from their record. Successfully expunging a record restores privacy and prevents employers from seeing the charge in background checks.

Our firm helps clients determine eligibility and guides them through the process after their case concludes.

## Felony Assault Charge Frequently Asked Questions

### What Is Considered Serious Bodily Injury In A Bar Fight Case?

Texas law defines serious bodily injury as injury that causes substantial risk of death, permanent disfigurement, or long-term impairment. Even a broken jaw, deep laceration, or head injury can qualify. Prosecutors often rely on medical reports to prove this element.

### Can A Person Be Charged Even If The Other Party Started The Fight?

Yes. If the accused continued the fight beyond what was necessary to defend themselves, charges can still follow. Generally, self-defense applies only when the response is immediate and proportional. The key is whether a reasonable person would have believed force was necessary.

### Does Mutual Combat Prevent Criminal Charges?

Maybe. Under Texas Penal Code § 22.06, two parties consenting to fight is a defense to prosecution for assault charges. However, this defense is not available if serious bodily injury is inflicted.

### Can An Assault From A Bar Fight Be Reduced To A Misdemeanor?

Possibly. A skilled defense attorney can negotiate for reduced charges based on lack of intent, minimal injury, or strong self-defense evidence. The earlier counsel is involved, the better the chances of achieving a lesser outcome.

### How Does Alcohol Affect An Assault Case?

Voluntary intoxication does not excuse criminal conduct. Prosecutors can argue that intoxication shows recklessness rather than a lack of intent. However, alcohol can influence how witnesses recall events, which can help the defense if inconsistencies arise.

### Is Jail Time Mandatory For Aggravated Assault In Texas?

Not always. Some defendants qualify for probation or deferred adjudication, especially if they have no prior record and the injuries were minor. However, cases involving deadly weapons or serious injuries usually require significant jail exposure.

### Can A Bar Fight Affect A Professional License Or Gun Rights?

Yes. A felony conviction can result in the loss of firearm rights and can jeopardize professional licenses. Even misdemeanor convictions may trigger disciplinary action in certain professions, such as healthcare or education.

### What Should Someone Do Immediately After A Bar Fight Arrest?

The best step is to remain silent until an attorney is present. Providing statements without representation can harm the defense. A lawyer can help secure release on bond, protect legal rights, and start gathering evidence before it disappears.

### Can A Victim Drop Assault Charges In Texas?

Victims can express a desire not to prosecute, but the decision ultimately rests with the state. Prosecutors can proceed even without the victim’s cooperation if sufficient evidence exists. Legal representation is vital to challenge the state’s case.

### Does A Bar Fight Always Lead To Criminal Charges?

Not necessarily. Some disputes end with minor citations. However, if injuries are reported or police are called, arrest and prosecution are possible. Having an attorney intervene early can potentially influence whether charges are filed.

### Can Surveillance Footage Help A Defense Case?

Yes. Video evidence from bars or nearby businesses often captures what truly happened. It can support claims of self-defense, show provocation, or reveal that the accused attempted to disengage from the fight.

### How Long Does An Assault Case Take In Galveston County?

Depending on the severity, cases can last several months to over a year. Felony cases often take longer because of grand jury proceedings and discovery. A proactive defense strategy helps minimize delays and keeps the case moving efficiently.

# Call Mark Diaz & Associates For A Free Consultation

Anyone accused of assault after a bar fight in Galveston or Houston should act quickly to protect their future. Mark Diaz & Associates has spent decades defending individuals facing violent crime allegations across Texas courts. The firm’s attorneys understand how prosecutors build cases and know how to dismantle weak evidence before it leads to a conviction.

Contact our [Texas criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The firm proudly defends clients in Galveston, Houston, and throughout Texas, offering aggressive representation focused on preserving freedom, reputation, and opportunity.

**Categories:** Criminal Defense Lawyer

---

### [What Happens If You’re Accused Of Shoplifting In Texas Without Leaving The Store?](https://texascriminaljustice.com/what-happens-if-youre-accused-of-shoplifting-in-texas-without-leaving-the-store/)

**Published:** December 15, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![ShopliftingIsACrimeTeenageGirlBeingCaughtOnStealing](https://texascriminaljustice.com/wp-content/uploads/2025/12/Diaz-3-Accused-of-Shoplifting-in-Texas-Without-Leaving-the-Store_December-2025.jpg "ShopliftingIsACrimeTeenageGirlBeingCaughtOnStealing")

## Accusations Can Begin Before The Exit

At Mark Diaz & Associates, we have seen hundreds of clients face criminal charges for shoplifting before ever walking out of a store. Retail security staff in Galveston, Houston, and throughout Texas often act fast, sometimes too fast, detaining someone based solely on suspicion. Yet under [Texas Penal Code § 31.03](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm#31), theft requires an intent to permanently deprive the owner of property. That intent must be proven beyond a reasonable doubt.

Police and prosecutors may claim that concealing merchandise, switching tags, or even moving items into a personal bag shows intent to steal. We know better. Suspicion is not proof. Many cases collapse once challenged by a defense team that knows how to attack weak evidence, inconsistent witness accounts, and overzealous loss-prevention tactics.

When someone is accused inside a store rather than outside, the prosecution’s burden becomes even harder to meet. Without a clear act of leaving the premises or bypassing the final point of sale, intent often rests on shaky assumptions. That’s where an aggressive defense makes the difference.

## Hypothetical Case Example: A Store In A Local Area Mall

Consider a hypothetical example. A shopper in a local Galveston-area mall picks up several clothing items, places them in a reusable tote bag to compare sizes, and continues browsing. A store employee observes this and alerts security. The shopper is stopped before reaching the exit and accused of shoplifting.

Police are called. The store’s report claims concealment equals intent. Yet during our defense investigation, we learn the store had no posted policy against using reusable bags. Surveillance video shows the shopper still holding the merchandise openly while standing near the fitting rooms. There was no attempt to pass the registers or leave the store.

In this hypothetical, we would move to suppress statements obtained without Miranda warnings and challenge probable cause for arrest. The prosecution would have difficulty proving intent because no theft occurred. The evidence reveals what truly happened: a misunderstanding escalated by poor training and assumptions.

## Understanding Texas Law On Theft And Intent

Under [Texas Penal Code § 31.03(a)](https://law.justia.com/codes/texas/penal-code/title-7/chapter-31/section-31-03/), a person commits theft if property is unlawfully appropriated with the intent to deprive the owner of it. “Appropriation” becomes unlawful only if it occurs without the owner’s consent, or when property is known to be stolen.

The difference between suspicion and a crime lies in intent. Picking up an item or placing it in a bag is not enough. The prosecution must show a conscious decision to take the item without paying. That burden cannot be satisfied with speculation.

Even when store security detains someone under the [Texas Code of Criminal Procedure § 18.16](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm), which allows limited detention for investigation, those employees must have reasonable cause. If they act rashly, they risk false imprisonment and defamation claims.

## Common Scenarios Leading To False Accusations

- Using a personal bag or stroller: Often mistaken for concealment.
- Checking prices or scanning items: Misinterpreted as manipulation.
- Accidentally walking past sensors: Common in self-checkout confusion.
- Being profiled due to bias or misunderstanding: A recurring problem in retail enforcement.

We routinely expose these flaws in store procedures. Surveillance footage, witness inconsistencies, and failure to preserve evidence all become powerful tools in dismantling a weak case.

## Penalties Under Texas Law

Penalties for shoplifting depend on the alleged value of the merchandise:

- Under $100: Class C misdemeanor (fine only).
- $100 to $750: Class B misdemeanor (up to 180 days in jail).
- $750 to $2,500: Class A misdemeanor (up to 1 year in jail).
- Over $2,500 or multiple prior convictions: Felony charges under § 31.03(e).

Even a minor charge can damage reputation, employment, and immigration status. A felony conviction can destroy a future. That’s why aggressive early defense matters.

## Our Defense Approach: Attack Every Weak Point

When handling a shoplifting accusation inside a store, we move fast to protect constitutional rights and dismantle the prosecution’s case.

### 1. Challenge The Evidence

We demand full discovery—videos, receipts, witness statements—and cross-check every timeline. If security failed to maintain the chain of custody or altered footage, we file suppression motions.

### 2. Question Intent

Our cross-examination focuses on what was actually seen, not assumed. “Where was the person standing?” “Was payment still possible?” “Was there a bag check policy?” The prosecution’s story often collapses under precise questioning.

### 3. Protect Against Unlawful Detention

Store employees acting beyond their authority can become civil defendants. If detention was based on bias or false statements, we preserve evidence for a possible counterclaim.

### 4. Negotiate From Strength

We never beg prosecutors for leniency. We build leverage. Once we show weaknesses in the case, dismissals or deferred adjudications become likely. Our record shows that preparation and pressure win better deals than pleading for mercy.

## What To Expect After An Arrest

An accused person will be booked, fingerprinted, and given a court date. The first appearance determines bond conditions. Early involvement of a defense team ensures no harmful statements reach prosecutors.

We move immediately to:

- Demand all body-cam and store video.
- File motions to preserve evidence before it disappears.
- Conduct our own witness interviews.
- Seek pre-trial diversion or dismissal where appropriate.

Silence and legal representation are the two best tools after any accusation.

## Why Leaving The Store Matters

Most juries instinctively link theft with leaving a store. Without that act, prosecutors must rely solely on inference. The absence of departure undermines the theory of intent to steal.

In cases handled across Galveston and Houston, we have shown that being detained before the exit often leads to dismissal because key legal elements were never met. If no property was removed, no theft was completed.

## Building An Aggressive Defense Culture

At Mark Diaz & Associates, we build every defense as if it were going to trial. We confront the state’s case line by line. Our focus is not on explaining behavior—it is on exposing weak proof. Every motion, every argument, and every hearing serves a single purpose: winning.

## Shoplifting Frequently Asked Questions

### What If A Person Never Left The Store With Unpaid Items?

Under Texas Penal Code § 31.03, theft requires proof of intent to permanently deprive an owner of property. Simply being inside the store with merchandise does not satisfy this requirement. Without evidence showing an attempt to leave or conceal property for unlawful gain, prosecutors often struggle to proceed.

### Can Store Security Detain Someone Legally In Texas?

Yes, but only under limited circumstances. Texas Code of Criminal Procedure § 18.16 permits detention if there is reasonable cause to believe theft occurred. That detention must be reasonable in length and manner. Unnecessary force, humiliation, or prolonged confinement can result in civil liability for the store.

### How Long Can A Store Hold A Detained Person Before Police Arrive?

There is no fixed time limit, but detention must be reasonable. If an employee holds someone longer than necessary or uses coercive tactics, the incident could support a false imprisonment claim or suppression of evidence in the criminal case.

### What If A Person Accidentally Forgot To Pay?

Intent distinguishes an honest mistake from a crime. Accidental nonpayment—such as forgetting an item in a cart—does not meet the threshold of intentional theft. We emphasize these facts immediately during negotiations or pre-trial hearings.

### Are First-Time Shoplifting Offenders Eligible For Diversion?

Many Texas counties, including Galveston, offer pre-trial diversion for first-time offenders. Acceptance depends on case facts and the defendant’s record. Our firm uses these programs strategically, securing dismissal upon completion of conditions such as restitution or classes.

### Can Store Video Footage Help Or Hurt A Case?

Video evidence can cut both ways. If it clearly shows concealment and an attempt to bypass registers, it can harm a defense. However, most footage lacks clarity or context. We frequently use these recordings to demonstrate uncertainty, gaps, or behaviors inconsistent with theft.

### What If A Minor Is Accused Of Shoplifting?

Juvenile shoplifting cases are handled differently under Texas Family Code § 51.03. The focus is rehabilitation, not punishment. Our attorneys work to protect a minor’s record and prevent lifelong consequences.

### Can The Store Still Sue For Damages?

Retailers sometimes file civil demand letters under Texas Civil Practice and Remedies Code §

134.005, seeking reimbursement. These claims can often be negotiated or dismissed. Paying such a demand does not automatically end a criminal case and should be discussed with counsel first.

### How Can An Attorney Beat A Shoplifting Case Before Trial?

By exposing weaknesses early. We attack probable cause, challenge witness credibility, and highlight gaps in video evidence. Many cases collapse once prosecutors realize proof of intent cannot withstand scrutiny.

### What Happens If An Employee Falsely Accuses Someone?

False accusations can lead to defamation or malicious prosecution claims. Our office has handled cases where overzealous store staff damaged reputations without proof. Holding them accountable discourages reckless conduct and preserves clients’ dignity.

## Call Mark Diaz & Associates For A Relentless Defense

Shoplifting accusations can spiral quickly, even when the merchandise never left a store. Prosecutors rely on fear and assumption, but assumptions are not evidence. At Mark Diaz & Associates, we confront every allegation with the same intensity reserved for major felonies. We fight aggressively, question relentlessly, and protect clients’ rights at every stage of the case.

For immediate defense representation in Galveston, Houston, or anywhere in Texas, contact our [Texas criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Early intervention can mean the difference between dismissal and conviction.

**Categories:** Criminal Defense Lawyers

---

### [What Happens If You’re Charged With Credit Card Fraud In Texas](https://texascriminaljustice.com/what-happens-if-youre-charged-with-credit-card-fraud-in-texas/)

**Published:** December 22, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![ColorfulStackOfCreditCardsAndShoppingGiftCardsOn](https://texascriminaljustice.com/wp-content/uploads/2025/12/Diaz-4-How-Serious-Are-Credit-Card-Fraud-Charges-in-Texas_December-2025.jpg "ColorfulStackOfCreditCardsAndShoppingGiftCardsOn")Being accused of credit card fraud in Texas can shake a person’s entire life in an instant. These allegations often arise from misunderstandings, identity mix-ups, or financial disputes that spiral into criminal charges. As criminal defense attorneys serving Galveston and Houston, we know how quickly investigators, banks, and prosecutors move once they suspect financial misconduct. A single accusation can damage reputations, threaten employment, and expose defendants to steep fines or even years in prison.

Texas prosecutors take credit card fraud seriously. Under [Texas Penal Code §32.31](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm#32.31), the offense covers several different acts, from stealing or possessing another person’s card to using a card without consent or attempting to obtain goods or services through deception. Even when the value involved seems small, these charges can carry severe penalties, especially if law enforcement believes the conduct was part of an organized pattern.

Our goal as defense lawyers is to explain exactly what to expect, what rights apply, and what defenses can change the outcome. Understanding how the law works is the first step toward regaining control.

## How Texas Defines Credit Card Fraud

Texas Penal Code §32.31 makes it a crime to use, present, or possess a credit or debit card with the intent to obtain a benefit fraudulently. The statute covers a broad range of conduct, including:

- Using a card without the owner’s consent
- Using a card that has been canceled or expired
- Buying or selling stolen cards
- Possessing cards belonging to other people
- Making false statements to obtain a card

Prosecutors only need to show intent to defraud, not that the scheme succeeded. This distinction matters because even an unsuccessful attempt can result in criminal liability.

Credit card or debit card abuse under § 32.31 is generally classified as a state jail felony, regardless of the dollar value involved. However, if the offense is committed against an elderly individual, it is enhanced to a third-degree felony. Unlike general theft charges, credit card fraud does not scale based on the amount of goods or services obtained.

Once felony status applies, the risk of incarceration, loss of voting rights, and permanent record implications becomes serious.

## A Common Credit Card Fraud Scenario

*For example,* imagine a Galveston resident who works at a local store and borrows a customer’s card information to make online purchases, assuming the cardholder will not notice. That conduct would fall directly under §32.31 as use of a card without the owner’s consent. But the same statute could apply in far less obvious situations.

Suppose a person buys used electronics from a friend who turns out to have paid for them with stolen credit card data. Even without direct use of the card, prosecutors might claim the buyer “obtained a benefit knowing the card was used unlawfully.” Intent and knowledge become central to the defense. These distinctions often decide whether a case ends in dismissal, reduction, or conviction.

## Investigations And Evidence Collection

Credit card fraud investigations frequently involve local police, financial institutions, and specialized cybercrime units. Investigators rely on transaction logs, surveillance footage, merchant records, and digital forensics. Because data trails often cross state lines, federal agencies such as the FBI may assist.

During these investigations, law enforcement sometimes contact suspects for “informal questioning.” What seems like a routine conversation can quickly become a statement used later in court. Anyone accused or contacted should exercise the constitutional right to remain silent and request counsel immediately. Anything said can be twisted into evidence of intent.

## Possible Defenses To Credit Card Fraud Charges

No two cases are identical, and an effective defense requires careful analysis of intent, authorization, and identity. Common defenses include:

### 1. Lack Of Intent To Defraud

Texas law requires proof that the defendant acted with the intent to defraud. Simple mistakes, confusion, or reliance on inaccurate information can undermine this element. Without intent, there is no crime under §32.31.

### 2. Consent Or Authorization

If the cardholder gave permission to use the card, even informally, that consent can defeat the allegation. Many disputes arise from shared cards between relatives or friends.

### 3. Mistaken Identity Or Identity Theft

Fraudulent activity often involves stolen personal data. A person may be accused simply because their name appears on a transaction connected to another individual’s illegal conduct.

### 4. Insufficient Evidence

Prosecutors must prove guilt beyond a reasonable doubt. Weak digital evidence, unclear surveillance, or mishandled financial records may all justify dismissal, acquittal, or a reduction in the charges.

### 5. Violation Of Constitutional Rights

Improper searches, unlawful seizures, or coerced statements can render evidence inadmissible. We frequently challenge the way investigators obtained information, especially when private financial data is involved.

## Consequences Beyond Criminal Penalties

Even before a case concludes, a charge for credit card fraud can have lasting effects. Employers may suspend or terminate employees accused of dishonesty. Professional licenses can be jeopardized, and future background checks can become problematic. Convictions for crimes of moral turpitude, offenses involving deception, can harm immigration status and limit employment opportunities for years.

That is why early intervention matters. Our firm moves quickly to preserve evidence, challenge investigative errors, and present mitigating information that can reduce or eliminate charges before trial.

## Plea Bargains, Diversion, And Dismissals

In some cases, prosecutors may consider pretrial diversion programs or deferred adjudication under [Texas Code of Criminal Procedure §42A.101](https://statutes.capitol.texas.gov/docs/CR/htm/CR.42A.htm). These alternatives can allow eligible defendants to complete probationary terms, restitution, or community service in exchange for dismissal or a deferred finding of guilt even after a plea of guilty is made to the court. Having counsel who understands when and how to pursue these resolutions can make a major difference.

However, plea bargains should never be accepted blindly. Each agreement must be evaluated in light of potential defenses, collateral consequences, and the strength of the state’s evidence. We approach every negotiation strategically, fighting for the best possible outcome, whether through plea, dismissal, reduction, or trial.

## What To Expect During The Court Process

Once an arrest occurs, the first step is the arraignment, where the defendant hears the charges and enters a plea. Bail may be set depending on the severity of the allegations and other statutory considerations. The case then moves to discovery, where the state is required to turn over to the defense all evidence in its possession of the defendant’s guilt or mitigating circumstances as it pertains to the case.

Next comes pretrial motions, which may challenge the legality of searches or the sufficiency of the indictment. If motions fail to end the case, it proceeds to trial, where the prosecution must convince a jury beyond a reasonable doubt. Throughout this process, skilled representation can ensure every weakness in the state’s case is exposed.

## The Importance Of A Strong Legal Defense

Credit card fraud allegations often involve complex financial records, digital trails, and multiple witnesses. Defending such cases demands more than generic legal advice. It requires detailed investigation, expert analysis, and aggressive courtroom advocacy. Our attorneys work closely with forensic accountants, computer analysts, and investigators to uncover inconsistencies and expose overreach.

We understand how law enforcement sometimes assumes guilt before reviewing all the evidence. Our mission is to level the playing field and protect constitutional rights at every step.

## The Role Of Restitution And Repayment

Under [Texas Code of Criminal Procedure §42.037](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42.htm), courts may order restitution to victims for any financial losses incurred as a result of the criminal offense. Restitution can sometimes help defendants secure reduced sentences or alternative dispositions. But restitution is not always an admission of guilt; it can be part of a negotiated strategy to minimize exposure and show good faith.

We evaluate whether restitution makes sense based on the facts of each case and the client’s long-term interests.

## Why Early Legal Help Matters

Once a credit card fraud investigation begins, time works against the accused. Banks freeze accounts, employers question integrity, and prosecutors gather digital evidence that can be misinterpreted. Early intervention allows attorneys to control the flow of information, communicate with investigators, and potentially stop charges before they escalate further.

We have seen cases where fast, strategic communication with law enforcement resulted in evidence being clarified before formal charges were filed. The sooner representation begins, the more options remain.

## FAQs About Texas Credit Card Fraud

### What Is The Difference Between State And Federal Credit Card Fraud Charges?

Federal law, under 18 U.S.C. §1029, applies when fraudulent activity crosses state lines or involves significant financial institutions. State prosecutions under Texas Penal Code §32.31 usually address conduct confined within Texas and state crimes of much smaller magnitude than a federal crime. However, cases can be referred to federal court if the losses or complexity are substantial.

### Can A Person Be Charged For Attempted Credit Card Fraud Even If No Money Was Lost?

Yes. Intent to defraud, even without completed transactions, satisfies the statute. Prosecutors often use electronic communications or possession of card data as evidence of intent.

### What Happens If Multiple Cards Are Found In Someone’s Possession?

Possessing less than five cards is a state jail felony. Possessing between five but less than ten is a third-degree felony. Possessing between ten but less than fifty is a second-degree felony. And lastly, possession fifty or more cards is a first-degree felony.

### Can Credit Card Fraud Be Expunged From A Record?

The expunction law in Texas is limited. Only cases dismissed without conviction or those resolved through certain diversion programs may qualify. Deferred adjudication may allow for nondisclosure under specific conditions and after a waiting period where the person does not get in any other trouble, but felony convictions are typically permanent.

### Are There Defenses Based On Mistaken Identity?

Absolutely. Identity theft and data breaches often result in innocent people being blamed. Proving a lack of connection to the transaction is one of the most common and successful defenses.

### What If The Alleged Fraud Happened Online?

Online transactions fall under the same statute. Prosecutors use IP addresses, timestamps, and digital evidence to build cases, but those records can be unreliable or misleading without proper context. Skilled defense analysis can expose weaknesses in digital proof.

### Is Repaying The Victim Enough To Avoid Charges?

Repayment can show good faith, but does not erase criminal liability. However, restitution can influence plea negotiations and sentencing outcomes.

### How Long Do Prosecutors Have To File Credit Card Fraud Charges?

Under Texas Code of Criminal Procedure §12.01, most credit card fraud cases have a seven year statute of limitations. The period can extend if the conduct involves ongoing schemes or multiple jurisdictions.

### What Should A Person Do If Contacted By Police About Credit Card Activity?

The safest response is to remain polite but decline to discuss details without counsel. Voluntary statements often hurt more than help. Once a lawyer intervenes, communications can occur strategically and safely.

### Can Employers Fire Someone Accused Of Credit Card Fraud?

Private employers generally can terminate employees accused of dishonesty, even without conviction. This is why early defense is essential—to contain reputational damage before it spreads.

## Call Mark Diaz & Associates For Legal Help

Mark Diaz & Associates represents individuals charged with financial crimes throughout Galveston, Houston, and the surrounding Texas Gulf Coast. The firm’s attorneys fight aggressively to protect constitutional rights, expose weak evidence, and pursue every avenue toward dismissal or reduction.

Anyone facing allegations under Texas Penal Code §32.31 should act immediately before investigators gain an advantage. Early legal counsel can mean the difference between a felony conviction and a cleared record.

Contact our [Texas criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The firm defends clients throughout Galveston, Houston, and across Texas, standing ready to challenge the prosecution and fight for the best possible outcome.

**Categories:** Criminal Defense Lawyer

---

### [First-Time DWI In Texas: Is Jail Time Mandatory?](https://texascriminaljustice.com/first-time-dwi-in-texas-is-jail-time-mandatory/)

**Published:** December 30, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![DrunkDrivingEnforcementLawsTheseLawsTypicallyInvolvesSetting](https://texascriminaljustice.com/wp-content/uploads/2025/12/Diaz-1-FirstTime-DWI-in-Texas-Is-Jail-Time-Mandatory_Jan-2026.jpg "DrunkDrivingEnforcementLawsTheseLawsTypicallyInvolvesSetting")At Mark Diaz & Associates, we speak with many clients who are facing their first DWI charge in Texas. The fear is real. Most people want to know one thing right away: “Will I have to go to jail?” That concern is understandable. A DWI arrest is not only stressful, it can feel like your future is hanging in the balance.

If you are facing a first-time DWI in Galveston or anywhere in Houston, the good news is that jail time is not automatically required in every case. However, it is legally possible and depends on the facts. Texas law does allow for jail time on a first offense, but courts can also consider alternatives like probation. Understanding how Texas DWI laws work can help you prepare and take the right steps forward.

Let’s break down what the law actually says, how sentencing works, and what we do to help protect your freedom and future.

## What Texas Law Says About A First-Offense DWI

A first-time DWI is typically charged as a Class B misdemeanor under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm), which makes it illegal to operate a motor vehicle in a public place while intoxicated.

Intoxication means either:

- A blood alcohol concentration (BAC) of 0.08% or higher
- Not having the normal use of your mental or physical faculties due to alcohol or drugs

If your BAC is under 0.15, the charge remains a Class B misdemeanor. If your BAC is 0.15 or above, it becomes a Class A misdemeanor, which carries more severe penalties.

Here is how the penalties break down:

- Class B misdemeanor (BAC under 0.15): 
    - Jail time – 72 hours to 180 days
    - Fine – Up to $2,000
    - License suspension – 90 days to 1 year
- Class A misdemeanor (BAC 0.15 or higher): 
    - Jail time – Up to 1 year
    - Fine – Up to $4,000
    - License suspension – Up to 2 years

While jail is technically part of the penalty range, courts do not always impose actual jail time—especially for first-time offenders who have strong legal representation.

## When Jail Time Might Be Required

There are specific situations where jail becomes more likely in a first-time DWI case:

- There was an open container in the vehicle – This raises the minimum jail sentence to 6 days under Texas Penal Code § 49.04(c)
- You caused an accident involving injuries or property damage.
- You had a BAC over 0.15, making it a more serious offense.
- There was a child under 15 in the vehicle, which raises the charge to a state jail felony.
- You refused a breath or blood test and have previous enforcement contacts.

In these cases, the court may be less likely to consider probation or other alternatives. That’s why it is critical to have a lawyer who can evaluate the facts and build a defense that addresses these aggravating factors.

## Probation And Jail Alternatives For First-Time Offenders

The Texas Code of Criminal Procedure allows for probation, also called community supervision, for DWI cases. Judges have discretion to place a first-time DWI defendant on probation instead of jail, especially if there are no aggravating circumstances.

Probation may include:

- DWI education classes
- Community service (24 to 100 hours)
- License restrictions or ignition interlock device
- Regular reporting to a probation officer
- Drug and alcohol testing

Even on probation, Texas law requires a minimum jail term of 72 hours unless waived. However, in many first-offense cases, that time is credited as time served from the night of arrest. In some cases, we can negotiate with prosecutors to avoid any additional time in jail beyond the arrest itself.

## Other Penalties That Come With A DWI Conviction

Jail isn’t the only concern in a first-time DWI case. Conviction also brings administrative and long-term consequences:

- Driver’s license suspension – Separate from the criminal case, Texas imposes an Administrative License Revocation (ALR) if you fail or refuse a breath or blood test under Texas Transportation Code § 724.035.
- Ignition interlock – Courts may require you to install a breathalyzer on your vehicle.
- DWI surcharges – Texas used to impose mandatory surcharges, but those were eliminated in 2019. Instead, courts impose fines and fees.
- Permanent criminal record – A DWI conviction cannot be sealed or expunged unless it is dismissed or resolved through deferred adjudication.
- Higher insurance premiums – A DWI will cause insurance rates to increase for years.

These consequences can impact your job, your ability to travel, and your financial stability. That’s why we fight aggressively to reduce or dismiss the charges whenever possible.

## Fighting The Charge: How We Help Clients Avoid Jail

As Galveston DWI defense lawyers, we examine every aspect of your arrest to look for defense strategies that can lead to dismissal, reduction, or a favorable plea deal. This includes:

- Challenging the traffic stop – Was there a legal reason to pull you over?
- Investigating the field sobriety tests – Were the tests administered correctly?
- Reviewing breath or blood test procedures – Were protocols followed? Were the results accurate?
- Pushing for pretrial diversion – In certain counties, prosecutors may allow first-time offenders into programs that result in dismissal
- Negotiating for deferred adjudication – This keeps a conviction off your record, though it still results in license penalties

Every case is different. Our goal is to protect your freedom, your record, and your future. Even if the facts are not perfect, there may be options that keep you out of jail.

## First-Time DWI FAQs

### Is Jail Time Always Required For A First-Time DWI In Texas?

No, jail time is not mandatory in every first-offense DWI case. While the law lists a minimum sentence of 72 hours, courts often credit the time spent during arrest and allow probation instead of jail, especially when there are no aggravating circumstances.

### Can A First DWI Be Dismissed In Texas?

Yes, in some cases, a first DWI can be dismissed if the traffic stop was unlawful, test results are invalid, or the evidence is weak. Prosecutors may also agree to dismiss a case through pretrial diversion or in exchange for pleading to a lesser charge, such as reckless driving.

### What Happens To My License After A DWI Arrest In Texas?

Your license may be suspended through an administrative process called ALR if you fail or refuse a breath or blood test. You have 15 days from the date of arrest to request a hearing to contest the suspension. We often represent clients in these hearings while also handling the criminal case.

### Will A DWI Stay On My Record Forever In Texas?

Yes, if you are convicted. A DWI conviction cannot be expunged or sealed in most cases. That is why it is so important to fight the charge or pursue an outcome that avoids a conviction, such as dismissal or deferred adjudication.

### What If My BAC Was Over 0.15?

If your BAC was 0.15 or higher, the charge becomes a Class A misdemeanor. This increases the maximum jail time and fines. It also may affect eligibility for probation. However, high BAC results can sometimes be challenged based on faulty equipment or lab errors.

### Can I Get Probation For A First DWI?

Yes. Courts can grant probation for first-time DWI offenses. Probation includes community service, DWI classes, and possibly an interlock device. Even with probation, the law technically requires at least 72 hours in jail, but that can often be satisfied with the time already served at the time of arrest.

### What Is Deferred Adjudication For DWI?

Deferred adjudication is a type of probation where the court does not enter a conviction if you successfully complete the terms. As of 2019, deferred adjudication is allowed for first-time DWI offenses if the BAC is below 0.15. This can be a valuable option to avoid a permanent conviction.

### What Should I Do After A DWI Arrest In Galveston Or Houston?

First, protect your license by requesting an ALR hearing within 15 days. Then, contact a DWI defense lawyer right away. The sooner we begin working on your case, the more time we have to evaluate the evidence, negotiate with prosecutors, and protect your future.

### How Long Does A First-Time DWI Case Take To Resolve?

A first-time DWI case can take several months to a year depending on the court’s schedule and the complexity of the evidence. During that time, we work on gathering information, negotiating with the prosecution, and preparing for trial if necessary.

### Can I Drive While My Case Is Pending?

If your license was suspended through ALR, you may be eligible for an occupational license that allows you to drive to work, school, or essential tasks. We help our clients apply for these licenses when needed.

## Call Mark Diaz & Associates For A Free Consultation

At Mark Diaz & Associates, we understand the stress of facing a DWI charge for the first time. You may be worried about jail, your license, your job, and your record. That’s why we take the time to explain your rights, analyze every piece of evidence, and fight for the best possible outcome in your case.

If you or a loved one has been arrested for a DWI in Galveston or anywhere in the Houston area, don’t wait. The sooner we get started, the better chance we have to protect your future. Contact our [Texas DWI attorney](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Let us stand by your side and help you move forward with confidence.

**Categories:** DWI Attorney

---

### [Probation Violations and Revocations in Texas: What You Need to Know](https://texascriminaljustice.com/probation-violations-and-revocations-in-texas-what-you-need-to-know/)

**Published:** January 2, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Judge’s gavel on a reflective surface, symbolizing probation violations, revocation hearings, and criminal court proceedings in Texas.](https://texascriminaljustice.com/wp-content/uploads/2026/01/gavel-3575414_1280.jpg "gavel-3575414_1280")

## What Probation Really Means in Texas

Probation in Texas does not signify that a criminal case is over. Until all probation requirements are met, including compliance with court-ordered conditions, individuals remain under the court’s jurisdiction. Violating any terms of probation can result in county jail or prison, depending on whether the underlying offense is a misdemeanor or felony.

## Common Ways People Violate Probation

Even individuals trying to comply with probation can face violations. Technical violations, such as failing to appear for probation check-ins or not paying fines, court costs, or restitution, are frequent triggers. Mark Diaz notes that skipping probation appointments is particularly risky. While financial noncompliance alone does not constitute a violation, failing to appear can be interpreted as absconding, prompting the court to take action. It is always better to attend probation meetings and explain any issues than to avoid them.

## Technical Violations vs. New Criminal Offenses

Technical violations, such as falling behind on community service or payments, can often be addressed and corrected without revoking probation. New criminal offenses, however, complicate matters. Committing a new misdemeanor while on felony probation may still allow continued probation in some cases, but serious new offenses usually lead to revocation and possible imprisonment.

## How Quickly Courts Act on Violations

Once a probation officer reports a violation, the speed of court action depends on whether the case is a misdemeanor or felony. Felony courts typically issue warrants or start revocation proceedings immediately, while misdemeanor courts may act more slowly. Prompt legal representation can help navigate overlapping issues, such as simultaneous arrests for new offenses, preventing individuals from being unnecessarily jailed multiple times.

## Understanding the Revocation Hearing

Probation revocation hearings differ from traditional trials. Defendants give up the right to a jury trial, and the standard of evidence is not beyond a reasonable doubt. The judge reviews testimony from probation officers and other relevant evidence to determine if a violation occurred. Judges have complete discretion in deciding whether to extend probation, impose jail time, or take no action, depending on the severity of the violation and the individual’s history.

## Judge’s Discretion in Probation Cases

Judges in Texas have significant flexibility in revocation cases. They can extend probation, impose “jail therapy,” or even terminate probation early if they deem it appropriate. Mark Diaz highlights cases where proactive legal intervention and compliance with court requirements have prevented revocation, allowing clients to avoid prison and remain on probation successfully.

## Misconceptions About Probation and Legal Representation

Many people believe that lawyers can always prevent revocation, but outcomes depend on the court, offense type, and case history. Courts often remember the circumstances surrounding the original probation decision. Repeat violations or problematic behavior make revocation more likely, and attorneys must sometimes inform clients that further intervention may not be possible.

## Real-Life Success Stories

[Mark Diaz](/team_member/mark-diaz/) shares examples of clients who successfully avoided probation revocation and turned their lives around. In small communities like Galveston, timely legal support, compliance with probation terms, and proactive steps such as attending classes or submitting clean tests have helped clients maintain their probation and rebuild their lives. Positive outcomes not only prevent incarceration but also allow clients to regain personal and professional stability.

## Best Practices for Individuals on Probation

For anyone facing probation, the most important steps are:

1. Stay in regular contact with your attorney.
2. Attend all probation meetings and court appearances.
3. Address financial obligations proactively, even if partial payment is all that is possible.
4. Avoid new criminal offenses at all costs.
5. Communicate openly with your attorney about any potential violations before they escalate.

Early intervention and informed legal guidance are essential to prevent revocation and preserve opportunities for rehabilitation.

## Conclusion

Probation violations and revocations in Texas carry serious consequences. Understanding the differences between technical violations and new offenses, attending required meetings, and seeking immediate legal guidance can prevent jail time and protect long-term rights. Mark Diaz and his team at texascriminaljustice.com/ provide expert guidance for individuals navigating probation and revocation proceedings, ensuring that legal rights are protected and opportunities for a second chance are maximized.

**Categories:** Probation

---

### [How Federal Investigations Start In Texas And When To Hire A Lawyer](https://texascriminaljustice.com/how-federal-investigations-start-in-texas-and-when-to-hire-a-lawyer/)

**Published:** January 6, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![PaperSheetWithFingerPrintsSealOfFbiAndNotebook](https://texascriminaljustice.com/wp-content/uploads/2026/01/Diaz-2-How-Federal-Investigations-Start-in-Texas-and-When-to-Hire-a-Lawyer_Jan-2026.jpg "PaperSheetWithFingerPrintsSealOfFbiAndNotebook")

## Federal Investigations Begin Long Before Charges Are Filed

As [criminal defense attorneys serving Galveston](/) and Houston, we know that most people don’t realize they’re part of a federal investigation until the situation is already serious. Federal investigations do not start with handcuffs. They begin quietly, with a tip, a subpoena, a knock on the door, or a phone call from an agent.

By the time you hear from a federal agency like the FBI, DEA, IRS, or ATF, they may have already spent months building a case. Investigations often involve wiretaps, confidential informants, surveillance, and subpoenas for financial or digital records. Agents work behind the scenes before anyone is formally charged. And once they believe they have enough evidence, prosecutors may seek an indictment from a grand jury.

If you suspect you are under investigation, or even if you’ve been contacted by federal agents for an “interview,” now is the time to hire a lawyer. Waiting until you are arrested or indicted puts you at a major disadvantage.

## Common Triggers That Launch Federal Investigations In Texas

We’ve seen federal investigations launched from many different starting points, including:

- Whistleblowers who report alleged fraud or illegal activity
- Financial irregularities flagged during audits
- Suspicious wire transfers or cryptocurrency transactions
- Confidential informants in organized crime or drug rings
- Undercover operations related to firearms or narcotics
- Search warrants are served at a home or business
- Computer forensic investigations tied to cybercrimes

Federal investigations are often triggered by data collected through federal programs or private institutions working with law enforcement. For example, banks must report large or suspicious financial transactions under the [Bank Secrecy Act](https://www.fincen.gov/resources/statutes-and-regulations/bank-secrecy-act). Health care providers may be audited through Medicare fraud detection systems.

Unlike local cases that may start with a routine arrest or 911 call, federal investigations often start with silence. You may not even know you’re a target until agents show up with a subpoena or knock on your door with a badge.

## Agencies Involved In Federal Criminal Investigations

Federal investigations in Texas typically involve agencies such as:

- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- Homeland Security Investigations (HSI)
- Internal Revenue Service Criminal Investigation (IRS-CI)
- U.S. Secret Service
- U.S. Postal Inspection Service

Each agency has its own area of focus, but many cases involve cooperation between multiple agencies and local law enforcement. Once the investigation matures, it is typically handed off to the United States Attorney’s Office for prosecution in federal court.

## Grand Jury Subpoenas And Witness Interviews

A common sign that you are under federal investigation is receiving a grand jury subpoena. This is a formal document that demands documents, testimony, or both. If you receive a subpoena, assume the government is investigating a federal crime. It’s also possible that you are the target.

The federal prosecutor may label you as a target, subject, or witness:

- A target is someone the government believes committed a crime.
- A subject is someone whose conduct is within the scope of the investigation.
- A witness is someone with information but not suspected of wrongdoing.

Even if you are labeled a witness, the label can change without notice. That’s why we advise clients never to speak to federal agents without a lawyer present.

## When To Hire A Criminal Defense Lawyer

You should contact a defense attorney immediately if:

- Federal agents try to question you
- You receive a subpoena
- You receive a target letter from the U.S. Attorney’s Office
- A search warrant is served at your home or business
- You suspect someone in your network is cooperating with law enforcement
- Your financial accounts have been frozen or seized

The sooner you speak with counsel, the more options we have to protect your rights. In many cases, early intervention can prevent charges from being filed altogether. Other times, it allows us to negotiate favorable terms before formal charges are filed.

## Legal Ramifications Of A Federal Charge In Texas

Federal charges carry serious consequences. Sentences are governed by the United States Sentencing Guidelines, which weigh factors such as prior criminal history, role in the offense, and loss amount. Many federal crimes also carry mandatory minimum sentences.

Examples of common federal offenses include:

- Drug trafficking ([21 U.S.C. § 841](https://www.justice.gov/usao-nh/frequently-used-federal-drug-statutes))
- Wire fraud and mail fraud (18 U.S.C. [§ 1341](https://www.law.cornell.edu/uscode/text/18/1341), [§ 1343](https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud))
- Conspiracy ([18 U.S.C. § 371](https://www.justice.gov/archives/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us))
- Money laundering ([18 U.S.C. § 1956](https://www.law.cornell.edu/uscode/text/18/1956))
- Illegal firearm possession ([18 U.S.C. § 922](https://www.law.cornell.edu/uscode/text/18/922))
- Healthcare fraud ([18 U.S.C. § 1347](https://www.law.cornell.edu/uscode/text/18/1347))

In Texas, federal cases are prosecuted in U.S. District Courts, such as the Southern District of Texas, which includes Galveston and Houston. These cases follow federal criminal procedure, not state court rules.

## Protecting Your Rights Early In The Process

Early legal representation gives us the ability to:

- Communicate with federal agents on your behalf
- Prepare you for grand jury testimony
- Challenge illegal searches or seizures
- Protect your Fifth Amendment rights
- Limit your exposure by asserting defenses early
- Negotiate before indictment, when prosecutors still have flexibility

We also review every action for potential violations of your constitutional rights under the Fourth, Fifth, and Sixth Amendments. If the government violated your rights, we can move to suppress evidence or dismiss charges.

## Federal Investigations FAQs

### How Do I Know If I Am Under Federal Investigation?

You may receive a subpoena, be contacted by federal agents, or be served with a search warrant. Other times, you may learn through your employer, accountant, or a third party. If someone close to you is arrested or cooperating with federal agents, you may also be drawn into the investigation.

### What Is A Target Letter, And Should I Be Worried?

The U.S. Attorney’s Office sends a target letter to inform you that you are under investigation and could face indictment. It is a clear sign that the government has substantial evidence against you. If you receive one, do not respond without a criminal defense lawyer.

### Should I Talk To Federal Agents If They Say I’m Not Under Arrest?

No. Federal agents are trained to gather information and statements that may be used against you later. Even if they say you’re not in trouble, anything you say can become part of the case. You should politely decline to speak until you consult a lawyer.

### Can I Be Charged Without Being Arrested First?

Yes. Many federal cases begin with an indictment before any arrest is made. In some situations, people are indicted under seal and arrested later. Other times, they are asked to self-surrender after being indicted.

### What Happens If I Ignore A Subpoena?

Failing to comply with a grand jury subpoena can result in contempt of court charges. If you fail to appear, a judge can issue a warrant for your arrest. If you are unable to comply with a subpoena, your lawyer can challenge or negotiate the terms with the prosecutor.

### Can Hiring A Lawyer Make Me Look Guilty?

No. Hiring a lawyer protects your rights and ensures that nothing is said or done that puts you at legal risk. Federal agents and prosecutors expect people to hire lawyers during investigations. It is not a sign of guilt, it’s a sign of good judgment.

### What Should I Do If My Business Records Are Seized?

You should immediately call a criminal defense attorney. Do not talk to agents or try to explain your business practices. Anything you say can be misinterpreted. Your lawyer can challenge the seizure and start gathering your own evidence.

### Can You Prevent Charges From Being Filed?

In some cases, yes. If we are involved early, we can present evidence that the government may not have seen or explain your conduct in a way that prevents formal charges. Early legal representation increases your chances of avoiding indictment.

### What Is The Difference Between State And Federal Charges?

State charges are prosecuted by local or district attorneys under Texas law. Federal charges are prosecuted by U.S. Attorneys under federal law. Federal cases usually involve longer investigations, harsher penalties, and are tried in U.S. District Court.

### What Are My Rights During A Federal Investigation?

You have the right to remain silent, the right to an attorney, and the right to refuse a search without a warrant. You also have the right to challenge subpoenas, indictments, and illegal searches. We help clients assert these rights at every stage.

## Call Mark Diaz & Associates For Your Free Consultation

At Mark Diaz & Associates, we defend clients across Galveston, Houston, and surrounding Texas communities in high-stakes federal investigations. If you’ve been contacted by federal agents, served with a subpoena, or believe you are under investigation, do not wait until charges are filed. Protecting your rights begins now.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We are ready to review your case and help you respond the right way, before it’s too late.

**Categories:** Criminal Defense Lawyer

---

### [What To Do If You Missed Court In Galveston County And Now Have A Warrant](https://texascriminaljustice.com/what-to-do-if-you-missed-court-in-galveston-county-and-now-have-a-warrant/)

**Published:** January 7, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![BusinessManPointingTheTextDoYouHaveAWarrant](https://texascriminaljustice.com/wp-content/uploads/2026/01/warrant.jpg "BusinessManPointingTheTextDoYouHaveAWarrant")

Missing a court date in Galveston County can feel overwhelming. Many people panic, assume the worst, or try to ignore the problem and hope it goes away. That never helps. If you missed court, a warrant may already be active for your arrest, and that situation can affect your freedom, your job, your driver’s license, and your pending criminal case.

We want you to know something important right away: you are not the first person this has happened to, and you still have options. We have helped many people in this exact situation, and taking the right steps today can make a major difference in how the judge handles your case.

When a court date is missed in[ Galveston County](https://www.galvestoncountytx.gov/), several things may happen at once. The judge can issue a warrant. Bond may be forfeited. Additional criminal charges may be filed. Your driver’s license may be suspended in some cases. The longer you wait, the more serious the consequences can become. Our goal here is to explain what missing court means under Texas law, what risks you face, and the practical steps we take with our clients to fix the situation and protect their rights.

We write from experience, handling criminal cases every day in Galveston County and the surrounding Houston area. We speak plainly because this is stressful enough without legal jargon. You need clear answers and a concrete plan. That is what we provide for our clients when they call us the same day they discover a warrant exists.

## Why A Warrant Was Issued After Missing Court

When someone misses a required court date, the judge usually issues what is called a “bench warrant.” This is different from a warrant issued after a new criminal investigation. A bench warrant is issued because the court ordered you to appear, and you did not.

Texas Code of Criminal Procedure [Article 45.014](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=45A.101) allows a judge to issue a warrant when a defendant fails to appear as ordered. In misdemeanor and felony cases, missing court can also trigger bond forfeiture under the [Texas Code of Criminal Procedure Chapter 22](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.22.htm). That means the money or surety posted for release can be forfeited, causing new financial and legal problems.

In addition to the warrant, you may also face a separate criminal charge of Failure To Appear under [Texas Penal Code § 38.10](https://statutes.capitol.texas.gov/docs/PE/htm/PE.38.htm). This offense can be a misdemeanor or a felony, depending on the underlying case. That means missing court is not just a “technical” issue. It can turn a manageable case into something far more serious if it is ignored.

## Failure To Appear Charges Under Texas Law

Texas Penal Code § 38.10 states that a person commits an offense if they intentionally or knowingly fail to appear in accordance with the terms of their bond. The degree of the offense depends on the underlying charge. For example:

- If the original case was a Class C misdemeanor, the Failure To Appear charge is a Class C misdemeanor.
- If the original case was a higher-level misdemeanor or felony, the Failure To Appear charge can be a Class A misdemeanor.

A [Class A misdemeanor in Texas](https://mac.harriscountytx.gov/about-texas-misdemeanors) can carry up to one year in county jail and a fine of up to $4,000. Even if jail time is not imposed, a conviction can remain on your criminal record, creating long-term employment and housing problems. We always take these cases seriously because the stakes are real.

Prosecutors and judges will want to know why you missed court. There is a big difference between a missed court date caused by hospitalization and simply ignoring the case. We work with clients to gather proof, explain circumstances, and demonstrate good faith before walking them back into court.

## What Happens To Your Bond When You Miss Court

If you were out on bond when you missed court, the court may start bond forfeiture proceedings under Texas Code of Criminal Procedure Chapter 22. That means:

- The bond company may revoke your bond.
- The court may keep the bond posted.
- You may need a new bond to get out of jail.

This also affects your future release status. Judges may set higher bond amounts after a missed court date due to concerns about reliability. When we represent someone in this situation, we work to convince the court that the missed appearance does not reflect a disregard for the process and that strict conditions are not necessary.

## How A Missed Court Date Can Impact Your Criminal Case

Missing court can affect the underlying criminal case in several ways. Some common issues include:

- Additional charges such as Failure To Appear.
- Higher bond amounts or denial of personal bonds.
- Probation revocation or motion to adjudicate in pending cases.
- Warrants and license suspensions in certain cases, such as DWI.
- Negative impressions with judges and prosecutors.

If you are on probation, missing court can trigger a motion to revoke probation under [Texas Code of Criminal Procedure Article 42A.751](https://statutes.capitol.texas.gov/?tab=1&code=CR&chapter=CR.42A&artSec=42A.751). In those situations, the court can issue a warrant and set a hearing to determine whether probation should be continued, modified, or revoked. We help clients prepare for those hearings and present evidence of compliance and mitigating circumstances.

## First Steps To Take If You Missed Court In Galveston County

The worst thing you can do after missing court is nothing. Time rarely helps. Judges often respond more favorably when a person takes responsibility quickly instead of waiting to be arrested during a traffic stop or at work.

We generally advise our clients to take the following steps:

- Stop contacting the court on your own without legal guidance.
- Do not explain yourself to law enforcement without counsel.
- Do not travel outside the area if a warrant is active.
- Call a criminal defense attorney the same day you discover the warrant.

We contact the court and clerk’s office, confirm the status of the case, confirm whether a warrant has been issued, review the bond status, and then work on a plan to resolve the warrant while minimizing the risk of arrest.

In many cases, we are able to arrange for a “warrant recall” or a walk-through process so that our client does not face a surprise arrest. Each court and case type is different, so we look at the full file before advising the best approach.

## Can The Warrant Be Recalled Without Going To Jail?

In some cases, yes. In other cases, no. The answer depends on the charge, your history, the judge, and the age of the warrant. Our job is to assess whether:

- A motion to recall the warrant is available.
- A bond reinstatement is possible.
- A new bond will be required.
- A walk-through surrender can be arranged.

For some offenses, especially more serious felonies, the safest approach may involve arranging a controlled surrender with a preset bond amount. That prevents surprise arrest, and it allows us to plan the next court appearance. The key is coordination. When people wait until they are picked up on a warrant, they lose control over timing, employment, and family obligations.

## What You Should Avoid Doing After Missing Court

Some choices make things much worse. We see the same mistakes repeated often, and we work hard to help clients avoid them. After missing court, try to avoid:

- Ignoring letters or calls from the court.
- Talking about the case on social media.
- Leaving the state without clearing the warrant.
- Assuming the warrant “expired” or will go away.
- Giving statements to police without counsel.

Every communication you make can be used later in court. Even sincere apologies can be misinterpreted as admissions. We prefer to handle the communication for you because we understand what judges and prosecutors pay attention to in these cases.

## How We Help Clients Who Missed Court

When clients call us after missing court, we take several steps right away. We review the docket, verify the warrant, examine the underlying case, and determine whether new charges have been filed. We then evaluate bond issues and address the warrant status as soon as possible.

Next, we work on explaining what happened. Maybe you never received notice. Maybe the court reset the date, and the letter went to an old address. Maybe there was a medical problem or an emergency. We gather records and present them in a clear way. Judges are human. Showing responsibility and taking prompt action often matters.

Our role is also to protect you from unnecessary jail time, added charges, and damaging statements. The sooner we get involved, the more options we often have.

## Frequently Asked Questions About Missing Court And Warrants In Galveston County

### What Happens If I Was Sick Or In The Hospital And Missed My Court Date?

Courts take missed appearances seriously, but legitimate emergencies can be explained. If you were hospitalized or seriously ill, we work with you to gather records, discharge papers, or doctor statements showing why you could not appear. Even with proof, a warrant may still have been issued, but judges are more open to recalling warrants or reinstating bonds when good cause is shown. The key is to address the issue quickly, not months later. We have seen cases where people waited until well after they recovered, which made the court question whether the emergency was the main reason for missing court. If you were hospitalized, call us as soon as possible so we can get ahead of the problem.

### Can I Be Arrested At Work Or During A Traffic Stop If There Is A Warrant?

Yes. If a bench warrant has been issued, any law enforcement contact can result in arrest. This includes traffic stops, public encounters, or even routine identification checks. In some cases, warrants appear in statewide systems, meaning police in another Texas county can detain you as well. We prefer to control the process before that happens. When we arrange a recall or surrender, we reduce the chance that you will be taken into custody at an embarrassing or stressful moment, such as in front of family or co-workers. Warrants do not disappear on their own, so planning ahead protects your job, reputation, and freedom.

### Will Missing Court Hurt My Chances Of Getting A Good Outcome In My Case?

Missing court can affect how a judge and prosecutor view your case. It can also add charges and complicate bond issues. That does not mean your case is ruined. What happens next matters a great deal. When clients move quickly, take responsibility, and work with counsel, we are often able to repair much of the damage caused by the missed appearance. We focus on showing the court that the failure to appear does not reflect disregard for the law but was caused by reasons that can be explained and avoided in the future. Taking fast action after missing court often improves how your case is viewed.

### Can My Driver’s License Be Suspended For Missing Court?

In some cases, yes. For example, in certain traffic and DWI-related matters, failure to appear can trigger license holds or suspensions through the Texas Failure To Appear Program. This can affect your ability to renew or maintain your license until the case is handled. Driving while your license is suspended creates additional criminal charges and penalties. We help clients clear these holds as part of addressing the warrant and missed court issues. It is important to tell us about any letters received from the Texas Department of Public Safety so we can address those problems early.

### Should I Call The Court Myself To Explain What Happened?

We understand the urge to call the court clerk right away and try to “fix” things, but that often causes problems. Clerks cannot give legal advice, and anything you say may later be repeated or added to the file. Some people unintentionally admit to missing court on purpose or make statements that prosecutors later use. We prefer to make the contact for you. We know which information helps and which details should not be volunteered. Our goal is to solve the problem while protecting your legal position.

### Can A Failure To Appear Charge Be Dismissed?

In some cases, yes. It depends on the facts, timing, and the court involved. We assess whether the state can prove the elements under Texas Penal Code § 38.10, including whether the failure to appear was intentional or knowing. We also look at whether you had proper notice of the court date. Sometimes a dismissal can be negotiated based on proof of good cause or through resolution of the underlying case. Other times, it may be possible to avoid a conviction through deferred options, depending on your record. Each case requires careful review, but it is possible to improve the outcome.

### What If I Have Multiple Warrants In Different Courts?

People often have more than one case, especially when traffic cases and misdemeanor cases are pending at the same time. Multiple warrants complicate things, but do not make them hopeless. We organize all open matters, identify each court, and prioritize the order in which to address them. Sometimes we can coordinate settings so that the client does not face repeated arrests on separate warrants. The most important step is to stop ignoring the issue and let us determine the exact scope of the problem. Once we know how many warrants exist, we can prepare a plan to address each one efficiently.

### Will I Definitely Go To Jail When The Warrant Is Cleared?

Not always. There are situations where people are arrested and must post a new bond. There are also many situations where warrants are recalled without jail, or where we arrange a planned surrender with minimal time in custody. Serious felony cases are more likely to require new bonds, while lower-level cases sometimes permit recall by motion. Our role is to minimize risk and avoid surprise arrests. We will tell you honestly what to expect in your case and plan accordingly so that you are not caught off guard.

### How Quickly Should I Talk To A Lawyer After Missing Court?

We recommend doing so immediately. The same day is best. Courts act fast when someone fails to appear. Warrants are issued, bonds are forfeited, and new charges can be filed. The more time passes, the harder it can be to explain the absence and fix the damage. Early involvement allows us to potentially recall the warrant before you are arrested and to begin presenting your situation in a responsible light. Even if a warrant has been active for a long time, taking action today is still better than doing nothing.

### What If I Moved And Never Got Notice Of My Court Date?

This is very common. People move, mail gets lost, or addresses do not update correctly. Texas courts generally require defendants to keep their addresses current. If you failed to update your address, the court may still treat the notice as valid. However, lack of actual notice can still matter when we present your circumstances to the judge. We gather proof of your move and any returned mail if available. While it may not erase the warrant by itself, it often helps reduce penalties and aids in resolving the matter without harsh consequences.

## Call Mark Diaz & Associates For A Free Consultation

If you missed court in Galveston County and believe a warrant is now active, do not wait for an arrest to force the issue. We encourage you to talk with us so we can review your case, confirm the warrant, and build a plan to protect you. At Mark Diaz & Associates, we represent people facing warrants, missed court dates, probation issues, and criminal charges across Galveston and the Houston area.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [receive your free consultation](/landing-form/). We will review your situation, explain your options, and work to resolve the warrant and your underlying case. Our firm represents clients in Galveston and throughout the city of Houston, Texas. Taking action today can prevent arrest tomorrow and help you regain control of your case.

**Categories:** Criminal Defense Lawyer

---

### [Why Hiring A Local Galveston Criminal Defense Lawyer Matters More Than You Think](https://texascriminaljustice.com/why-hiring-a-local-galveston-criminal-defense-lawyer-matters-more-than-you-think/)

**Published:** January 8, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Mark Diaz](https://texascriminaljustice.com/wp-content/uploads/2026/01/diaz.png "Mark Diaz")

When criminal charges place your future at risk, the attorney you choose becomes one of the most important decisions you will ever make. Many people assume that any licensed attorney will do. Others believe that someone from a large city will automatically be better. We see people make these assumptions every week, and unfortunately, the choice often hurts their case.

Hiring a [local Galveston criminal defense lawyer](/) does not simply mean hiring someone close to you. It means working with a legal team that understands the local courts, local prosecutors, local procedures, and the community where your case will be decided.

We practice criminal defense in[ Galveston County](https://www.galvestoncountytx.gov/) every single day. We spend our days in the same courtrooms where your case will be heard, working with the same prosecutors who may be assigned to your file, and standing before the same judges who will rule on motions and sentencing. That familiarity does not promise results, but it shapes real-world legal strategy.

Local knowledge, combined with Texas criminal law, can change how evidence is challenged, how negotiations are handled, and how your rights are protected from the first hearing to final disposition.

## Understanding How Texas Criminal Law Shapes Your Case

Texas criminal charges are governed primarily by the Texas Penal Code and the Texas Code of Criminal Procedure. These laws control everything from the elements of an offense to the available defenses and punishment ranges. A local Galveston criminal defense lawyer must understand not just the black-letter law but the way those laws work in [Galveston County courts](https://galvestoncountycourt.org/) on a daily basis.

For example, charges such as Assault under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.01), Theft under [§ 31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31), or Possession of Controlled Substances under [Health and Safety Code § 481.115](https://statutes.capitol.texas.gov/?tab=1&code=HS&chapter=HS.481&artSec=481.115) each carry different mental states, evidence requirements, and punishment ranges. Whether a case is filed as a misdemeanor or felony affects your exposure to jail or prison, fines, probation conditions, ignition interlock requirements, and long-term record consequences.

We regularly see prosecutors evaluate cases based on local policies, office priorities, and the judges assigned to the case. Understanding how a particular court handles pretrial diversion, drug court, or deferred adjudication under the [Texas Code of Criminal Procedure Art. 42A](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A) can influence your options. Knowing when to push a case toward trial and when negotiation may better serve your interest comes from daily experience inside this courthouse environment.

![Galveston Courthouse](/wp-content/uploads/2026/01/Galveston-Courthouse-1024x681.jpg "Galveston Courthouse | Mark Diaz & Associates")

## Why Local Court Experience Matters More Than People Realize

Every courthouse has its own unwritten rules, expectations, and culture. Local attorneys learn them by being present, case after case. That experience affects:

- How bond conditions are usually set.
- How motions are scheduled and heard.
- Which judges strictly enforce deadlines.
- How prosecutors respond to certain plea requests.
- What probation departments commonly require

For example, [Texas Code of Criminal Procedure Art. 17](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm) governs bail and bond. While the statute provides statewide authority, judges have wide discretion. A local Galveston attorney understands what a particular judge typically requires for personal bonds, cash bonds, or surety bonds and how prior history is likely to be viewed in that courtroom.

Out-of-area attorneys often underestimate how much these local expectations matter. They may spend time learning procedures we already know well. When your freedom is on the line, that learning curve is not in your interest.

## Relationships With Local Prosecutors And Courts Can Affect Strategy

We must be very clear: personal relationships do not guarantee outcomes. However, working regularly with the same prosecutors and judges allows us to understand their tendencies, how they evaluate evidence, and which arguments they find persuasive.

Local practice allows us to anticipate:

- How aggressively certain offenses are prosecuted.
- Which diversion programs might realistically be available.
- Whether probation might be considered or unlikely.
- How prior convictions will be weighed in plea discussions.

For many charges, including Driving While Intoxicated under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.01), prosecutors review specific evidence such as field sobriety tests, breath or blood results, and body-cam footage. We know how these cases are handled in Galveston County courts because we see the process daily. That insight allows us to prepare cases with realistic expectations grounded in local practice.

## Knowledge Of Local Law Enforcement Practices

Police procedures in Galveston, Texas City, League City, and surrounding agencies sometimes differ from those in other counties. Knowing how local officers typically conduct stops, searches, and arrests can reveal weaknesses in the case.

Common issues may include:

- Unlawful traffic stops under the Fourth Amendment.
- Improper searches without probable cause.
- Flawed DWI field sobriety administration.
- Miranda violations during custodial questioning.
- Questionable warrant affidavits.

Texas Code of Criminal Procedure [Art. 38.23](https://statutes.capitol.texas.gov/docs/cr/pdf/cr.38.pdf) states that illegally obtained evidence must be suppressed. The motion to suppress is powerful, but only when the attorney understands local officer training patterns and where mistakes are commonly made. Our regular exposure to local departments allows us to recognize these patterns quickly.

## Protecting Your Record And Your Future

A criminal conviction can follow you long after a case ends. Beyond jail or fines, you may face:

- Employment barriers.
- Housing issues.
- Immigration consequences.
- Professional license problems.
- Loss of firearm rights.

Texas law provides some relief options, such as expunction under [Code of Criminal Procedure Art. 55.01](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=55A) and orders of nondisclosure under [Government Code § 411.074](https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.411&artSec=). Whether you qualify depends on specific case outcomes. A local Galveston criminal defense lawyer can assess those options early so we can structure the case strategy with long-term goals in mind.

## We Understand Local Juries And Community Attitudes

If your case goes to trial, jurors will come from Galveston County. Local counsel understands community attitudes toward issues such as drug possession, family violence, DWI, or firearm offenses. That understanding matters when selecting a jury, presenting evidence, and telling your story in a way that resonates with local residents.

## Communication And Accessibility When Your Case Is Local

When your attorney is truly local, communication is easier. You are not dealing with someone flying in or sending associates unfamiliar with you or your file. We are available for in-person meetings, court appearances, and direct communication about your case. Feeling heard matters when your life is disrupted by criminal charges.

## Frequently Asked Questions About Hiring A Local Galveston Criminal Defense Lawyer

### Why Does It Matter Whether My Lawyer Is Truly Local To Galveston County?

Hiring a local lawyer means working with someone who practices in the same courthouse where your case will be heard on a regular basis. We already know the judges, prosecutors, probation officers, court clerks, and courtroom procedures specific to Galveston County. This familiarity allows us to anticipate issues, prepare your defense more precisely, and avoid delays that occur when attorneys must learn local rules for the first time. A local lawyer also understands local jury attitudes, which influence how a case is presented. You benefit from both legal knowledge under Texas statutes and practical experience inside the exact court handling your case. You also gain easier access to your legal team because we are close by for meetings, updates, and strategy sessions while your case is pending.

### How Does Local Experience Affect Bail, Bond, And Release Conditions?

Bond in Texas is governed by the Texas Code of Criminal Procedure Art. 17, but judges have significant discretion. A local Galveston attorney understands how specific judges typically set bond amounts and conditions. We know which courts are more open to personal bonds, which require surety bonds, and how prior records or pending charges affect decisions. We also understand how local pretrial services operate and what judges look for when considering bond-reduction requests. This allows us to present a strong argument tailored to the court hearing your case. The goal is always to secure release as quickly as possible while minimizing burdensome conditions such as GPS monitoring, alcohol testing, or travel restrictions.

### Will A Local Lawyer Improve My Chances Of Getting A Case Dismissed?

No honest attorney can promise dismissal. However, a local Galveston criminal defense lawyer understands how prosecutors evaluate cases in this county. We know when the District Attorney’s Office is more likely to consider dismissal, pretrial diversion, or reduction of charges. We also know which weaknesses in a case tend to carry weight with local prosecutors, such as chain-of-custody issues, officer credibility problems, or unreliable witnesses. Combining this insight with motions to suppress under [Art. 38.23](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-23/) or challenges to charging documents can improve the chance of dismissal or a favorable outcome.

### What Types Of Criminal Cases Do Local Galveston Defense Lawyers Commonly Handle?

Local defense counsel in Galveston regularly handles cases including DWI, assault, theft, drug possession, domestic violence, unlawful carrying of a weapon, probation violations, and felony offenses such as burglary, robbery, and aggravated assault. Each charge is controlled by specific Texas statutes within the Penal Code or Health and Safety Code. Because we routinely handle these cases in Galveston County courts, we understand local sentencing tendencies, diversion options, and probation terms commonly imposed. That familiarity allows us to provide realistic expectations rather than guesswork.

### Do Local Lawyers Know How Specific Judges Tend To Rule On Issues?

Yes. While every case is unique and judges remain impartial, experienced local counsel understands judicial tendencies. Some judges are stricter on probation violations. Others impose higher fines or longer classes. Some take a hard line on domestic violence or DWI cases. By appearing in front of the same judges daily, we understand what arguments are persuasive and which issues are particularly scrutinized in that court. That insight helps us tailor motions, sentencing presentations, and negotiations. It is one of the most important advantages of retaining counsel who practices regularly in Galveston County.

### How Can A Local Lawyer Challenge The Evidence Against Me?

We review body-cam footage, dash-cam footage, police reports, witness statements, and forensic reports. If your Fourth Amendment rights were violated by an unlawful stop or search, we may file a motion to suppress under Texas Code of Criminal Procedure Art. 38.23. If statements were taken without Miranda warnings during custodial interrogation, we challenge those as well. For DWI cases, we assess field sobriety testing and breath or blood collection procedures. Local experience helps because we know how specific agencies conduct stops and which mistakes occur frequently. Challenging flawed procedures is often key to improving your case outcome.

### Does Hiring A Local Lawyer Help With Plea Negotiations?

Plea negotiations are influenced by relationships built through regular courtroom practice. We understand how individual prosecutors evaluate prior records, evidence strength, and mitigation materials like treatment participation or counseling completion. While no result is guaranteed, those working relationships allow for informed discussion rather than cold negotiations between strangers. Local attorneys also know when a plea offer is typical, unusually harsh, or potentially not provable based on circumstances. That helps you make informed decisions instead of accepting the first offer placed on the table.

### Can A Local Lawyer Help Protect My Record From Long-Term Damage?

Yes. We look beyond the immediate case and consider long-term consequences. Texas law allows for expunction in limited circumstances under Art. 55.01 and nondisclosure in certain situations. We evaluate whether probation, deferred adjudication, pretrial diversion, or dismissal will best preserve your record. Because we practice locally, we know what programs are actually available and how to help clients qualify when possible. This focuses your defense not just on today’s problem but on your future employment, education, and professional opportunities.

### Is It Easier To Communicate With A Local Lawyer?

Absolutely. When your attorney is local, you are not relying on distant offices or occasional visits. We are present in Galveston every week. You can sit down with us, discuss your concerns, ask questions, and review documents. Criminal charges bring stress, fear, and uncertainty. Having a local team available for face-to-face meetings can make the process more manageable. You avoid delays caused by travel or out-of-town scheduling conflicts. Your case is not “one of many in a distant city.” It is handled here, where your life is unfolding.

## Call Mark Diaz & Associates Today For a FREE Consultation

If you are facing criminal charges in Galveston or Houston, the attorney you choose truly does matter. Our firm understands Texas criminal law and the specific courts where your case will be heard. We stand beside you from the first court setting through final resolution, protecting your rights and helping you make informed decisions about your future.

Contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We defend clients in Galveston and throughout the city of Houston, Texas. Your case deserves local knowledge, real courtroom experience, and a defense team that stands with you every step of the way.

**Categories:** Criminal Defense Lawyer

---

### [Arrested On Drug Trafficking Charges In Galveston County? What You’re Really Facing](https://texascriminaljustice.com/arrested-on-drug-trafficking-charges-in-galveston-county-what-youre-really-facing/)

**Published:** January 9, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DrugsSmugglingAndTraffickingHandcuffsPistolMoneyAndCocainePackets](https://texascriminaljustice.com/wp-content/uploads/2026/01/drug-trafficking.jpg "DrugsSmugglingAndTraffickingHandcuffsPistolMoneyAndCocainePackets")

Being arrested for [drug trafficking in Galveston County](/drug-trafficking/) is frightening, confusing, and overwhelming. You may still be processing the arrest, worrying about your future, your family, and your job. You may wonder what the prosecutor will do, what the sentence could be, and how to protect your record and freedom. We understand those fears. What happens next matters, and the earlier you understand Texas law, the better prepared you will be to make decisions about your defense.

We speak in plain terms here because the stakes are high. Texas courts take drug trafficking cases very seriously, especially in coastal regions and interstate corridors like Galveston County, where law enforcement focuses heavily on drug enforcement efforts. Prosecutors often pursue aggressive charges. However, the law still requires proof beyond a reasonable doubt, and there are many legal issues that can decide the outcome of your case. We will explain the law, penalties, defenses, and what you can realistically expect as your case moves forward.

## Understanding What Drug Trafficking Means Under Texas Law

Drug trafficking is not a single charge in Texas. Instead, Texas uses terms such as manufacture, delivery, or possession with intent to deliver controlled substances. These offenses are governed by the Texas Controlled Substances Act, primarily found in [Texas Health and Safety Code Chapter 481](https://texas.public.law/statutes/tex._health_and_safety_code_title_6_subtitle_c_chapter_481).

Under Texas Health & Safety Code § 481.112, it is illegal to manufacture, deliver, or possess with intent to deliver a controlled substance listed in Penalty Group 1, which includes many serious narcotics such as cocaine, heroin, fentanyl, and methamphetamine.

Delivery does not always mean “selling.” The law defines delivery broadly and includes:

- Actual transfer.
- Constructive transfer.
- Offering to sell.

That means a person can be charged even if money did not change hands or if law enforcement believes the drugs were intended for distribution rather than personal use.

### Possession With Intent To Deliver Versus Simple Possession

One of the biggest distinctions in drug cases is the difference between simple possession and possession with intent to deliver. Simple possession means having the substance for personal use. Possession with intent to deliver suggests distribution activity.

Prosecutors often try to prove “intent to deliver” through circumstantial factors such as:

- Quantity of the drug.
- Scales or baggies.
- Large amounts of cash.
- Ledger books or transaction notes.
- Communications on phones.
- Firearms were located with the drugs.

Even without direct evidence of sales, these surrounding facts may lead to a trafficking-level charge. Our job as defense attorneys is to challenge those assumptions and examine if the evidence truly supports intent under the law.

### How Texas Penalty Groups Affect Your Case

Texas divides drugs into penalty groups. These groups play a major role in punishment ranges. For example:

- Penalty Group 1 – cocaine, heroin, fentanyl, methamphetamine.
- Penalty Group 1-B – fentanyl and certain fentanyl analogues with enhanced penalties.
- Penalty Group 2 – PCP, MDMA, synthetic THC concentrates.
- Penalty Group 3 and 4 – certain prescription medications and lower-level controlled substances.

The penalty group determines both the classification of the offense and the potential sentence. Higher penalty groups carry harsher consequences.

### Sentencing Ranges For Drug Trafficking In Texas

Under Texas law, drug trafficking charges are typically felonies, and the degree depends on the weight of the substance and the penalty group. For example, under Texas Health & Safety Code § 481.112, trafficking Penalty Group 1 substances carries penalties such as:

- Less than one gram – state jail felony.
- One to four grams – second-degree felony.
- Four to 200 grams – first-degree felony.
- Over 200 grams – enhanced first-degree felony with potential for decades in prison.

For larger amounts, sentences can range from 10 years to life in prison, with fines up to $100,000 or more, depending on quantity and group classification.

If weapons are found or trafficking occurs in a school zone, penalties may be enhanced even further.

### State Versus Federal Drug Trafficking Charges

In Galveston County, some drug trafficking arrests stay in state court, while others are transferred to federal prosecutors. Federal cases often arise when:

- Interstate trafficking is suspected.
- The DEA, FBI, or Homeland Security is involved.
- Large quantities or organized operations are alleged.
- Drugs are moved through ports or airports.

Federal drug trafficking charges fall under 21 U.S.C. § 841 and can involve mandatory minimum sentences depending on drug quantity and prior record.

We always examine which court has jurisdiction and how that affects strategy and possible sentencing exposure.

### Collateral Consequences Beyond Prison Time

A criminal case is only part of the damage a trafficking charge can cause. A conviction can also result in:

- Loss of employment or professional licenses.
- Immigration consequences for non-citizens.
- Asset forfeiture of vehicles, cash, or homes.
- Driver’s license issues.
- Difficulty obtaining housing.
- Loss of gun rights.

These consequences are often as serious as the sentence, which is why a focused defense is critical.

![Texas drug laws](/wp-content/uploads/2022/01/Texas-drug-laws.jpg "Texas drug laws | Mark Diaz & Associates")

## Common Defenses In Texas Drug Trafficking Cases

Every case is unique, but there are recurring legal issues we closely examine in trafficking prosecutions. These include:

### Illegal Search And Seizure

The Fourth Amendment and Article 1, Section 9 of the Texas Constitution protect you from unreasonable searches and seizures. If police lacked:

- A valid warrant.
- Probable cause.
- Lawful consent.
- A legally recognized exception.

Then, the evidence may be suppressed. This often applies to:

- Traffic stops.
- Home searches.
- Phone searches.
- Vehicle inventory searches.
- Drug dog deployments.

A successful suppression motion can lead to dismissal.

### Problems With Possession

Texas law requires proof that you knowingly possessed the drugs. Proximity alone is not enough. We challenge:

- Shared vehicles or residences.
- Lack of fingerprints.
- Weak forensic links.
- Cases built solely on association.

### Chain Of Custody Issues

Prosecutors must prove the substance recovered is the same substance tested. Breaks in the chain of custody or lab errors can undermine the case.

### Entrapment Concerns

Under Texas Penal Code § 8.06, entrapment occurs when law enforcement induces the accused to commit an offense the accused would not otherwise commit. This sometimes arises in undercover operations.

## What To Expect After A Drug Trafficking Arrest In Galveston County

After an arrest, you will usually go through:

- Booking.
- Magistration.
- Bond hearing.
- Arraignment.
- Pretrial hearings.
- Discovery process.
- Possible plea negotiations or trial.

We review police reports, body camera footage, search warrants, lab reports, and witness statements. We also examine:

- Whether the stop was lawful.
- Whether probable cause existed.
- Whether statements were voluntary.
- Whether forensic testing was valid.

Our goal is to look for legal and factual weaknesses and protect your constitutional rights at every step.

### Drug Trafficking Charges And Immigration Consequences

For non-citizens, drug trafficking is almost always considered an aggravated felony under federal immigration law. This can lead to:

- Removal proceedings.
- Loss of asylum eligibility.
- Permanent inadmissibility.

Anyone who is not a U.S. citizen must treat a trafficking charge as both a criminal and immigration emergency.

### Why Early Legal Representation Matters

Drug trafficking cases move quickly. Prosecutors begin building their case right away, often before formal charges are even filed. The sooner we are involved, the sooner we can:

- Protect your Fifth Amendment rights.
- Stop unlawful interrogations.
- Preserve key evidence.
- Challenge illegal searches.
- Communicate with prosecutors-
- Begin mitigation where appropriate.

Waiting only benefits the state.

# Frequently Asked Questions About Galveston Drug Trafficking Charges

### What Does Drug Trafficking Really Mean In Galveston County?

Drug trafficking in Galveston County generally refers to manufacturing, delivering, or possessing with intent to deliver controlled substances as defined in the Texas Health and Safety Code. It is not limited to large interstate operations. A person can face trafficking-level charges even for smaller amounts if police believe there was intent to distribute. This may be based on packaging materials, scales, cash, or statements made during arrest.

Some people are surprised to learn that delivery under Texas law can include simply offering to sell drugs, even if no transaction or exchange actually occurs. The exact nature of the charge depends on the drug type, weight, and penalty group classification, and those details will determine whether the offense is filed as a state jail felony, second-degree felony, first-degree felony, or higher. Because of these distinctions, understanding the specific statute cited in your charging document is essential.

### How Serious Are The Penalties For Drug Trafficking In Texas?

Penalties for drug trafficking in Texas are severe and depend on the drug type and amount involved. Under Texas Health & Safety Code § 481.112 and related provisions, trafficking cases involving Penalty Group 1 substances such as cocaine, methamphetamine, heroin, or fentanyl are often filed as first-degree felonies when quantities exceed certain thresholds. First-degree felonies generally carry sentences of 5 to 99 years or life in prison, along with large fines.

When quantities are higher, sentencing ranges increase and may include minimum mandatory sentences. Even lower-level cases can result in state jail or penitentiary time, steep fines, and long-term probation conditions. Beyond incarceration, there are collateral consequences such as loss of employment, permanent criminal records, and potential immigration effects. That is why it is so important to take these cases seriously from the start.

### Can A Simple Traffic Stop Really Lead To Drug Trafficking Charges?

Yes, many trafficking arrests begin as routine traffic stops. Law enforcement officers may claim to smell marijuana, observe “nervous behavior,” or allege a minor traffic violation as a basis for the stop. From there, they may conduct a search or request consent to look inside the vehicle. If drugs are located, especially in larger quantities or alongside scales, baggies, cash, or firearms, officers may assert intent to deliver rather than personal possession.

However, a traffic stop must comply with the Fourth Amendment and Texas constitutional requirements. If the stop lacked reasonable suspicion or the search was unlawful, we may challenge the seizure and move to suppress the evidence. Even when drugs are found, the state must still prove knowing possession and intent beyond a reasonable doubt.

### What If The Drugs Were Not Mine But Were Found Near Me?

Texas law requires proof that you knowingly possessed the controlled substance. Being near drugs is not the same thing as possessing them. In cases involving shared homes, apartments, or vehicles, multiple people may have access to the area where drugs were located. Prosecutors often rely on “affirmative links” to connect a defendant to the drugs, such as proximity, fingerprints, statements, or personal belongings nearby.

We carefully examine whether those links truly establish knowing control or are simply assumptions. If we can demonstrate that someone else may have owned or controlled the substances, or that you lacked knowledge of their presence, this can be a strong defense. This issue commonly arises in cases involving group arrests or vehicle stops, especially when drugs are hidden.

### Can I Be Charged With Trafficking Based Only On Text Messages Or Phone Records?

Text messages, call logs, or social media communications are often used by the state to argue intent to deliver. However, messages can be misinterpreted, lack context, or belong to someone else who used the phone. In addition, the search of a phone must comply with constitutional requirements. Under United States Supreme Court law and Texas statutes, officers typically need a valid warrant to search digital devices unless an exception applies. If the phone search was unlawful or the warrant was overly broad, we may move to exclude that evidence. Even when messages are admitted, they must still be tied to actual possession or delivery activity, and they do not automatically prove guilt.

### Will I Face Federal Charges For Drug Trafficking In Galveston County?

Not every trafficking case becomes a federal case, but it is possible. Federal prosecution is more likely when drugs cross state or national borders, when federal agencies assist in the investigation, or when allegations involve larger quantities, conspiracy networks, or trafficking through ports or airports. Federal cases often involve charges under 21 U.S.C. § 841 and may include mandatory minimum sentences.

Sentencing guidelines can also significantly increase penalties based on role, quantity, weapons, or prior convictions. One of our first steps in these situations is assessing whether your case will remain in state court or be transferred to federal court, as that decision affects both strategy and potential exposure.

### What If Police Searched My Car Or Home Without A Warrant?

Searches without warrants raise important constitutional questions. Some searches are lawful under exceptions such as consent, the automobile exception, or exigent circumstances, but many are not. We examine whether officers had probable cause, whether consent was truly voluntary, and whether the scope of the search exceeded legal limits.

If police violated your Fourth Amendment rights or Texas constitutional protections, evidence obtained from that illegal search may be suppressed. Without the drugs as evidence, prosecutors may have little or no case left to pursue. Illegal search and seizure issues are often central to drug trafficking defense in Galveston County.

### Will A Drug Trafficking Conviction Affect My Immigration Status?

Drug trafficking is considered a very serious offense under immigration law. For non-citizens, a conviction for trafficking or possession with intent to deliver is often classified as an aggravated felony. This may result in removal (deportation), denial of naturalization, loss of asylum eligibility, and permanent bars from reentry. Even lawful permanent residents face severe consequences. Because the immigration impact is so significant, it is essential to coordinate criminal defense and immigration considerations. Plea agreements must be evaluated not only for prison exposure but also for immigration outcomes.

### What Should I Do After Being Arrested On Drug Trafficking Charges?

The most important steps are to remain calm, exercise your right to remain silent, and avoid discussing the case with anyone other than your attorneys. Do not consent to searches or questioning without legal advice. Anything said to officers, friends, or even on social media can later appear in court. We also advise gathering important documents, identifying potential witnesses, and documenting everything you remember about the stop or arrest while it is still fresh. Early representation allows us to protect your rights from the beginning, request key evidence, and begin addressing bond issues, forfeiture concerns, and defense strategy.

## Call Us If You Are Facing Drug Trafficking Charges In Galveston County

If you or a loved one has been arrested on drug trafficking charges in Galveston County, you do not have to go through the process alone or uninformed. These cases carry serious penalties, but they are also highly technical and depend heavily on constitutional law, search and seizure issues, and proof of intent.

We invite you to discuss your situation directly with our team so we can review the facts, evaluate the charges, and explain your options.

Contact our [Galveston drug trafficking defense lawyer](/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our criminal defense attorneys represent individuals charged in Galveston,[ Galveston County](https://www.galvestoncountytx.gov/), and throughout the city of Houston, Texas. Your rights, your record, and your future are worth protecting, and the decisions you make now can shape the outcome of your case.

**Categories:** Drug Trafficking

---

### [Is Your Texas Driver’s License At Risk After A DWI Arrest In Galveston?](https://texascriminaljustice.com/is-your-texas-drivers-license-at-risk-after-a-dwi-arrest-in-galveston/)

**Published:** January 14, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI DUI](https://texascriminaljustice.com/wp-content/uploads/2021/07/Diaz_DWI-DUI.jpg "DWI DUI")

A DWI arrest in [Galveston](https://www.galveston.com/) can threaten far more than your criminal record. For many people, the most immediate concern is whether they will lose their driver’s license and how quickly that can happen. In Texas, license suspension often begins before a criminal case is resolved, and many drivers are caught off guard by how fast the process moves. We see this happen every week to otherwise responsible people who believed their driving privileges would remain intact until court. That belief is usually wrong. Understanding how Texas law handles license suspensions after a DWI arrest is critical if you want to protect your ability to drive, work, and care for your family.

## What Happens To Your Driver’s License Immediately After A DWI Arrest In Galveston

After a DWI arrest in Galveston, the officer may take your physical driver’s license if you refuse a breath or blood test or if your test result shows an alcohol concentration of 0.08 or higher. Under [Texas Transportation Code § 724.035](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=TN&Value=724) and [§ 724.015](https://statutes.capitol.texas.gov/getstatute.aspx?Code=TN&Value=724), Texas uses an implied consent system, meaning you agreed to chemical testing by driving on public roads.

When your license is taken, you are typically given a temporary driving permit that is valid for 40 days. This temporary permit is not a guarantee that you can keep driving. It simply allows time for you to request an Administrative License Revocation hearing, commonly called an ALR hearing. If you do not request this hearing within 15 days of your arrest, your license suspension will begin automatically.

## Understanding Texas Administrative License Revocation (ALR) Proceedings

The ALR process is a civil action handled separately from your criminal DWI case. The Texas Department of Public Safety controls this process, not the criminal court. Under Texas Transportation Code [§ 524.011](https://statutes.capitol.texas.gov/docs/TN/htm/TN.524.htm), DPS can suspend your license even if your criminal case is later dismissed.

At an ALR hearing, DPS must prove specific facts, such as whether the officer had reasonable suspicion to stop you and probable cause to arrest you for DWI. They must also show that you refused testing or failed a breath or blood test. This hearing is often the first opportunity to challenge the traffic stop and the arrest itself.

Winning an ALR hearing can prevent your license from being suspended. Even if the suspension is upheld, the hearing creates a valuable record that can be used to challenge the DWI case later.

## License Suspension Periods Under Texas Law

Texas law sets different suspension periods depending on the circumstances of the arrest.

For a first DWI arrest with a failed breath or blood test, Texas Transportation Code § 524.035 allows a suspension of up to 90 days. If the test result is 0.15 or higher, the suspension may be longer.

If you refuse chemical testing, the suspension period increases significantly. A first refusal can lead to a suspension of up to 180 days. A second refusal can result in a suspension of up to two years.

These suspensions apply even before guilt is determined in court. Many drivers feel this system is unfair, but it is fully authorized under Texas law.

## How A Criminal DWI Case Can Also Affect Your License

Separate from the ALR process, a criminal conviction for DWI can also trigger license penalties. Under Texas Transportation Code [§ 521.344](https://statutes.capitol.texas.gov/Docs/TN/pdf/TN.521.pdf), a DWI conviction can result in an additional suspension ordered by the court.

This means a driver may face multiple suspensions from the same arrest. One suspension comes from DPS through the ALR process, and another comes from the criminal court after conviction. These suspensions may run at the same time or back-to-back, depending on the case.

## Occupational Driver’s Licenses In Texas

Many drivers rely on an occupational driver’s license to continue working or handling essential household needs during a suspension. Texas Transportation Code [§ 521.242](https://law.justia.com/codes/texas/transportation-code/title-7/subtitle-b/chapter-521/subchapter-l/section-521-242/) allows certain drivers to apply for limited driving privileges.

An occupational license typically allows driving for work, school, medical appointments, and essential errands. Courts often impose time restrictions, such as allowing driving only during specific hours.

However, not everyone qualifies, and the process requires careful preparation. A mistake in paperwork or court filings can result in delays or denial. We regularly help clients secure occupational licenses so they can keep their lives moving forward.

## Commercial Drivers Face Higher Stakes After A DWI Arrest

Commercial driver’s license holders face harsher consequences under Texas Transportation Code [§ 522.081](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=TN&Value=522). Even a first DWI arrest can result in a one-year CDL disqualification. If hazardous materials are involved, the penalty increases.

A CDL disqualification can occur even if the offense happened in a personal vehicle. For professional drivers, this can mean immediate job loss and long-term career damage.

## Why Timing Matters After A Galveston DWI Arrest

Texas DWI license cases move quickly. Missing deadlines can cost you your license automatically. The 15-day deadline to request an ALR hearing is one of the most important time limits in Texas DWI law.

Waiting too long often eliminates key defenses and limits your options. Early legal action gives you the best chance to preserve your driving privileges and protect your record.

## Texas DWI License Suspension FAQs

### Can My License Be Suspended Even If I Was Not Convicted Of DWI?

Yes. In Texas, your driver’s license can be suspended even if your criminal DWI case is dismissed or reduced. The ALR process is a civil proceeding that operates independently from criminal court. The Department of Public Safety only needs to meet a lower standard of proof than in a criminal case. This means DPS can suspend your license based on the arrest itself, regardless of the final outcome in court. Many drivers are shocked to learn that winning their criminal case does not automatically restore their driving privileges.

### How Long Do I Have To Request An ALR Hearing After My Arrest?

You have only 15 days from the date of your DWI arrest to request an ALR hearing. This deadline is strict. If you miss it, your license suspension will begin automatically after your temporary permit expires. There are no extensions or grace periods under Texas law. Acting quickly is essential if you want a chance to challenge the suspension and preserve your driving privileges.

### What Happens If I Refused A Breath Or Blood Test?

Refusing a breath or blood test triggers harsher penalties under Texas Transportation Code [§ 724.035](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=TN&Value=724). For a first refusal, your license can be suspended for up to 180 days. For a second refusal, the suspension can last up to two years. Refusal cases can still be challenged at an ALR hearing, but the consequences are more severe if DPS prevails.

### Can I Drive While Waiting For My ALR Hearing?

Yes, but only temporarily. After your arrest, you typically receive a temporary driving permit that is valid for 40 days. If you request an ALR hearing within the required 15-day window, your driving privileges usually remain in place until the hearing is completed and a decision is issued. Once a suspension order is entered, driving without authorization can result in additional criminal charges.

### Will A DWI Arrest Affect My Insurance Rates?

A DWI arrest often leads to increased insurance premiums, even before a conviction. Many insurance companies treat an arrest as a risk factor. If your license is suspended, insurers may also require proof of financial responsibility, commonly known as an SR-22 certificate. This requirement can significantly increase the cost of maintaining coverage.

### Can I Get An Occupational License Right Away?

In many cases, yes. Texas law allows drivers to apply for an occupational license once a suspension is active. Some courts permit applications immediately after the suspension begins, while others require a waiting period. The process involves filing a petition, presenting proof of need, and sometimes attending a hearing. Proper preparation improves the chances of approval.

### What If I Was Arrested But Never Took A Breath Or Blood Test?

If no test was completed, DPS may still pursue a suspension based on refusal. Officers often claim a refusal even when confusion or medical issues were involved. These cases can be challenged, especially if the refusal was not clearly documented or if the officer failed to follow proper procedures under Texas law.

### Does A DWI Arrest In Galveston Affect A License From Another State?

Yes. Texas participates in interstate driver reporting systems. A DWI arrest or suspension in Texas can affect an out-of-state license. Other states often honor Texas suspension orders, meaning you could lose driving privileges at home even if the arrest occurred in Galveston.

### How Does A Second Or Third DWI Arrest Affect My License?

Repeat DWI arrests carry longer suspension periods and stricter conditions. A second DWI conviction can result in a suspension of up to two years. A third offense can lead to even longer penalties. Prior alcohol-related incidents remain relevant for years and significantly increase risk.

### Is Driving During A Suspension A Criminal Offense?

Yes. Driving while your license is suspended is a separate criminal offense under Texas Transportation Code [§ 521.457](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=TN&Value=521.457). A conviction can result in fines, jail time, and extended suspension periods. Many drivers underestimate the seriousness of this charge and face compounding legal problems as a result.

## Call Mark Diaz & Associates For Help Protecting Your Driver’s License

A DWI arrest in Galveston can threaten your ability to drive long before your case reaches court. Texas law allows swift license suspensions, strict deadlines, and overlapping penalties that can disrupt your life. We work aggressively to challenge license suspensions, protect driving privileges, and build strong defenses for our clients.

If you were arrested for DWI and are worried about losing your license, contact our [Galveston DWI defense lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [receive your free consultation](/landing-form/). Our firm represents clients in Galveston and throughout the entire city of Houston, Texas. Early action can make the difference between keeping your license and facing months without the ability to drive.

**Categories:** DWI Attorney

---

### [What To Do if You Have an Active Warrant in Galveston, Texas](https://texascriminaljustice.com/what-to-do-if-you-have-an-active-warrant-in-galveston-texas/)

**Published:** January 16, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![JusticeMalletAndArrestWarrantBlankDocumentWithPoliceHandcuffs](https://texascriminaljustice.com/wp-content/uploads/2026/01/arrest-warrant.jpg "JusticeMalletAndArrestWarrantBlankDocumentWithPoliceHandcuffs")

An active arrest warrant in Galveston creates immediate legal risk. It means a judge has authorized law enforcement to take you into custody, often without warning and at any time. Many people first learn about a warrant during a traffic stop, a routine police contact, or a background check for work or housing. When that happens, the situation can escalate quickly, leading to arrest, jail booking, bond issues, and new complications in the underlying case. Acting early and correctly can make a measurable difference in how the case unfolds.

We represent people facing warrants in [Galveston](https://www.galveston.com/) and throughout the Houston area every day. From our perspective as defense attorneys, the most important thing to understand is that warrants do not resolve themselves. Ignoring the problem usually makes it worse. With the right steps, it is often possible to reduce jail time, control the surrender process, and protect your rights from the start.

## What An Active Warrant Means Under Texas Law

An arrest warrant is issued by a magistrate or judge when there is probable cause to believe that a crime occurred and that the named person committed it. Under the Texas Code of Criminal Procedure [Article 15.01](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm), a valid warrant authorizes peace officers to arrest the named individual and bring them before the court. Once issued, the warrant remains active until it is executed, recalled, or quashed.

Warrants arise in several common ways. A judge may issue a warrant after criminal charges are filed. A warrant is also commonly issued for failure to appear in court under the Texas Code of Criminal Procedure [Article 23.05](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=23.04). Probation violations, unpaid fines, and missed court dates in municipal or justice courts can all trigger warrants. Even low-level misdemeanor matters can lead to arrest if a warrant is outstanding.

## Common Types Of Warrants In Galveston

Understanding the type of warrant involved helps determine the best response.

### Arrest Warrants After Charges Are Filed

These warrants follow formal charges for misdemeanors or felonies. The warrant allows officers to arrest you and start the court process.

### Failure To Appear Warrants

If you miss a scheduled court date, the judge may issue a capias warrant. These are common in traffic cases, Class C misdemeanors, and probation matters.

### Probation Or Bond Violation Warrants

If a court believes you violated probation conditions or bond terms, it can issue a warrant that often carries a higher risk of jail time and stricter bond conditions.

### Municipal And Justice Court Warrants

Unpaid tickets or missed hearings in local courts can still lead to arrest, even though the underlying charge is minor.

## Why Ignoring A Warrant Creates Serious Consequences

An active warrant gives police the authority to arrest you during any lawful contact. That includes traffic stops, welfare checks, or even visits to your home or workplace. Arrests often occur at inconvenient times, such as late at night or on weekends, when bond options may be limited.

A warrant can also increase bond amounts or lead to a no-bond hold, especially in probation violation cases. Judges may view ignoring court obligations as a sign that stricter conditions are necessary. In some situations, new charges may be added for bail jumping or failure to appear.

## How We Approach Warrants Before An Arrest Happens

When we learn that a client has an active warrant, our first goal is to confirm its status and details. Warrants can be recalled, resolved, or scheduled for controlled surrender when handled correctly. In many cases, we contact the court to determine whether the judge will allow the warrant to be addressed without an immediate arrest.

For certain cases, we can arrange a voluntary appearance or coordinate a walk-through surrender. This approach allows us to prepare a bond in advance and present arguments that reduce time in custody. Texas law allows courts discretion in how warrants are handled, particularly when the person comes forward voluntarily.

## Voluntary Surrender Versus Being Arrested

Choosing how a warrant is addressed matters. A voluntary surrender shows the court that you are taking responsibility and respecting the process. Judges often consider this when setting bond conditions. By contrast, being arrested unexpectedly can lead to extended jail stays while bond is arranged.

When we coordinate a surrender, we work to schedule it during court hours when bond can be posted quickly. We also prepare arguments addressing the reason for the warrant and the steps taken to correct the issue.

## Bond And Bail Considerations In Galveston County

After an arrest on a warrant, bond is typically required to secure release. Texas Code of Criminal Procedure [Article 17.15](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm)outlines the factors judges consider when setting bail, including the nature of the offense, community ties, and risk of flight. Warrants can lead to higher bond amounts, particularly if the court believes prior obligations were ignored.

In probation violation cases, judges may deny bond entirely until a hearing is held. This makes early legal involvement critical. We work to present mitigating information and request reasonable bond conditions whenever possible.

## How Warrants Affect Pending Criminal Cases

A warrant does not exist in isolation. It impacts the underlying case and how prosecutors approach negotiations. Failure to appear can weaken defense positions if not addressed promptly. However, taking corrective action early can help limit the damage and refocus the case on the facts rather than procedural missteps.

## Steps We Recommend If You Suspect A Warrant

If you believe a warrant may exist, do not attempt to confirm it by contacting law enforcement yourself. Instead, we recommend having counsel check court records and databases. This allows the situation to be assessed without triggering an arrest.

Avoid unnecessary police contact until the warrant is addressed. That includes traffic stops that could be avoided and public situations where identification may be requested. Taking controlled steps with counsel reduces risk.

## Why Legal Representation Matters With Warrants

Warrant cases involve both procedural and strategic considerations. Knowing which court issued the warrant, the judge’s practices, and the underlying charge makes a difference. Our role is to protect your rights, minimize detention time, and position the case for the best possible outcome under Texas law.

## Frequently Asked Questions About Active Warrants In Galveston, Texas

### What Happens If I Am Stopped By Police With An Active Warrant?

If an officer confirms an active warrant, you can be arrested on the spot. The officer does not need additional approval once the warrant is verified. After arrest, you will be taken to jail for booking and processing. Release depends on bond availability and the type of warrant involved. This is why addressing warrants proactively is so important.

### Can A Warrant Be Cleared Without Going To Jail?

In some cases, yes. Courts may allow a warrant to be recalled or resolved through a scheduled court appearance, especially for failure to appear or minor offenses. This depends on the judge, the charge, and whether counsel intervenes early. Taking action before arrest improves the chances of avoiding jail.

### How Do I Know If I Have A Warrant In Galveston?

Warrants are not always communicated directly. You may not receive notice, especially if an address is outdated. An attorney can check court systems and records safely to confirm whether a warrant exists and which court issued it.

### Does A Warrant Expire In Texas?

No. Arrest warrants do not expire simply with time. They remain active until executed or withdrawn by the court. Waiting does not make the problem go away and often increases the risk of arrest later.

### What If The Warrant Is For A Traffic Or Ticket Case?

Even Class C matters can lead to arrest if a warrant is issued. While these cases are often resolved quickly once addressed, the arrest itself can still result in jail time. Handling these warrants early can prevent unnecessary detention.

### Can I Post Bond Immediately After A Warrant Arrest?

Bond availability depends on the court and the type of warrant. Some warrants have preset bond amounts. Others require a judge’s approval. Probation violation warrants may require a hearing before bond is considered.

### Will A Warrant Affect My Job Or Background Check?

Yes. Active warrants often appear on background checks and can cause employment issues. Addressing the warrant can prevent further complications and demonstrate responsibility if questions arise later.

### Should I Turn Myself In Without A Lawyer?

We do not recommend that. Surrendering without counsel can lead to avoidable jail time and missed opportunities to resolve the warrant efficiently. Having representation allows the process to be managed with preparation.

### Can A Lawyer Appear In Court For Me On A Warrant?

In some cases, counsel can appear to address certain warrants, especially in lower-level courts. This depends on the charge and court rules. We assess each situation individually to determine what is possible.

### What Happens After The Warrant Is Resolved?

Once the warrant is cleared, the case proceeds through the normal court process. This may involve arraignment, pretrial hearings, and negotiations. Clearing the warrant allows the defense to focus on the merits of the case.

## Call Mark Diaz & Associates For Help With Active Warrants

If you have an active warrant in Galveston or anywhere in Houston, timing matters. The sooner the issue is addressed, the more control you have over what happens next. We assist clients in resolving warrants, arranging voluntary surrenders, and protecting their rights at every stage.

Mark Diaz & Associates represents clients in Galveston and throughout the City of Houston, Texas. Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [receive your free consultation](/landing-form/). We are prepared to help you take the right steps now and reduce the impact of an active warrant on your life.

**Categories:** Criminal Defense Lawyer

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### [Felony DWI In Texas: When A Drunk Driving Charge Becomes A Prison Case](https://texascriminaljustice.com/felony-dwi-in-texas-when-a-drunk-driving-charge-becomes-a-prison-case/)

**Published:** January 19, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![SadDrunkenManSittingInCarOnTheBackgroundOf](https://texascriminaljustice.com/wp-content/uploads/2026/01/drunk-driving-felony.jpg "SadDrunkenManSittingInCarOnTheBackgroundOf")

A DWI arrest in Texas does not always stop at a misdemeanor. In certain situations, what begins as a traffic stop can escalate into a felony case with the real possibility of prison time, long-term supervision, and life-altering consequences. We see this regularly in[ Galveston](https://www.galveston.com/) and across the Houston area, where prosecutors take felony DWI allegations seriously and pursue harsh penalties. Understanding when a DWI crosses that line is critical because the legal exposure changes immediately and dramatically.

Felony DWI cases move faster, carry higher bond conditions, and often involve aggressive law enforcement evidence gathering. The stakes include years behind bars, a permanent felony record, and the loss of civil rights. From our perspective as criminal defense attorneys, early intervention and a clear understanding of Texas law can make a meaningful difference in how these cases are defended and resolved.

Below, we explain when a DWI becomes a felony under Texas law, what prison exposure entails, how prosecutors build these cases, and which defense strategies matter most when freedom is on the line.

## What Turns A Texas DWI Into A Felony

Under Texas law, most first-time DWIs are charged as misdemeanors. That changes when specific statutory triggers apply. The Texas Penal Code and the Texas Transportation Code define several scenarios in which a DWI is elevated to a felony offense.

One of the most common felony triggers is a third DWI arrest. Under [Texas Penal Code § 49.09(b)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.01), a DWI becomes a third-degree felony if the person has two or more prior DWI convictions. These prior convictions do not have to be recent, and there is no automatic “washout” period under Texas law. A prior DWI from decades ago can still be used to enhance a new charge.

A DWI also becomes a felony when a child passenger is involved. [Texas Penal Code § 49.045](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.49&artSec=49.045) makes it a state jail felony to drive while intoxicated with a passenger under the age of 15. Even a first-time offender with no criminal history can face felony prosecution under this statute.

Serious injury or death raises the charge even further. Texas Penal Code § 49.07 defines intoxication assault, while § 49.08 defines intoxication manslaughter. These offenses apply when intoxication causes serious bodily injury or death, and they are among the most aggressively prosecuted DWI-related crimes in Texas.

## Third DWI Charges And Third-Degree Felony Exposure

A third DWI is classified as a third-degree felony under [Texas Penal Code § 49.09(b)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.01). This is where many people are surprised by the severity of the punishment. A third-degree felony in Texas carries a sentencing range of 2 to 10 years in the Texas Department of Criminal Justice and a fine of up to $10,000 under [Texas Penal Code § 12.34](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=12.23).

Beyond prison exposure, a felony DWI conviction can trigger mandatory license suspension, ignition interlock requirements, and long-term supervision after release. Probation, if offered, is not guaranteed and often comes with strict conditions, including treatment programs, alcohol monitoring, and frequent court oversight.

From a defense standpoint, prior convictions become a central battleground. We carefully examine whether earlier DWIs were legally valid, properly documented, and eligible for enhancement. Constitutional defects, improper pleas, or record-keeping errors can sometimes prevent those priors from being used to elevate the charge.

## DWI With A Child Passenger Under Texas Law

Driving while intoxicated with a child passenger is charged as a state jail felony under [Texas Penal Code § 49.045](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.045). The statute applies regardless of whether the child was harmed or whether the driver has prior DWI convictions.

A state jail felony carries a punishment range of 180 days to 2 years in a state jail facility and a fine of up to $10,000 under [Texas Penal Code § 12.35](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.35). Judges may impose probation, but it often includes strict supervision, parenting-related conditions, and alcohol monitoring.

These cases often involve parallel investigations by Child Protective Services, which can further complicate matters. Statements made during the criminal investigation can affect family law proceedings, making early legal guidance essential.

## Intoxication Assault And Serious Injury Cases

When intoxication causes serious bodily injury, the charge becomes intoxication assault under [Texas Penal Code § 49.07](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.01). This offense is typically a third-degree felony, but can be enhanced to a second-degree felony if certain aggravating factors are present.

Serious bodily injury has a specific legal definition under Texas law and does not include every injury from a crash. Prosecutors must prove that intoxication was a direct cause of the injury, which opens the door to challenges involving accident reconstruction, medical evidence, and alternative causes.

Penalties can include 2 to 10 years in prison, steep fines, and long-term supervision. These cases are evidence-heavy and often rely on blood testing, crash scene analysis, and expert testimony, all of which must be scrutinized carefully.

## Intoxication Manslaughter And Prison Sentences

Intoxication manslaughter is one of the most serious DWI-related offenses in Texas. Under Texas Penal Code § 49.08, causing the death of another person while operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated is a second-degree felony.

Second-degree felonies carry a punishment range of 2 to 20 years in prison and fines up to $10,000 under [Texas Penal Code § 12.33](https://statutes.capitol.texas.gov/docs/pe/pdf/pe.12.pdf). These cases often involve intense public scrutiny, emotional victims’ families, and aggressive prosecution.

Causation is the central issue. The State must prove beyond a reasonable doubt that intoxication caused the death, not merely that the driver had alcohol or drugs in their system. Mechanical failures, roadway conditions, actions of other drivers, and medical events can all play a role in the defense.

## How Police And Prosecutors Build Felony DWI Cases

Felony DWI cases rely heavily on chemical testing, prior conviction records, and investigative reports. Blood warrants are common, and delays or errors in collection, storage, and testing can compromise results. Chain-of-custody issues, lab protocols, and contamination risks are frequent defense concerns.

Field sobriety testing, officer observations, and recorded statements also play a role. In serious injury or death cases, crash reconstruction and medical records become central evidence. Each component must meet strict legal standards to be admissible.

We examine every stage of the investigation for constitutional violations, improper procedures, and unreliable assumptions. Suppression of key evidence can significantly change the direction of a felony DWI case.

## Long-Term Consequences Of A Felony DWI Conviction

A felony DWI conviction affects far more than incarceration. It can result in permanent loss of firearm rights, difficulty securing employment, professional license suspension, and housing restrictions. For non-citizens, felony DWIs can trigger immigration consequences.

Driver’s license consequences are severe, often including lengthy suspensions and mandatory ignition interlock devices. Insurance costs can become unmanageable, and probation or parole supervision can last for years.

These realities are why felony DWI defense requires a focused, strategic approach from the earliest stage of the case.

## Why Early Legal Defense Matters In Felony DWI Cases

Felony DWI cases move quickly, and early decisions shape the outcome. Bond conditions, testing requests, and statements to law enforcement can all affect later defenses. Waiting to act often limits available options.

We focus on protecting constitutional rights, challenging the State’s evidence, and pursuing resolutions that avoid prison whenever possible. Each case requires a tailored strategy based on the facts, the client’s history, and the specific statute involved.

## Frequently Asked Questions About Felony DWI In Texas

### What Makes A DWI A Felony Instead Of A Misdemeanor In Texas?

A DWI becomes a felony in Texas when certain statutory factors apply. The most common include having two or more prior DWI convictions, driving while intoxicated with a child passenger under 15, causing serious bodily injury, or causing a death. Texas law does not automatically limit how old prior DWIs can be, so even convictions from many years ago may be used to enhance a charge. The classification depends on the statute applied, not the driver’s intent.

### Can Prior DWI Convictions Be Challenged In A Felony Case?

Yes. Prior convictions must be legally valid and properly documented to be used for enhancement. Issues such as improper pleas, lack of counsel, or record errors can sometimes prevent a prior DWI from being counted. This is a critical area of defense in third DWI cases, because removing a prior conviction can reduce the charge from a felony to a misdemeanor.

### Is Prison Mandatory For A Third DWI In Texas?

Prison is not automatically mandatory, but it is a real possibility. A third DWI is a third-degree felony with a sentencing range of 2 to 10 years. Judges may consider probation, but that decision depends on the facts, criminal history, and how the case is presented. Avoiding prison often requires aggressive early defense and careful mitigation.

### What Happens If A Child Is In The Car During A DWI Arrest?

Driving while intoxicated with a child passenger under 15 is a state jail felony, even for first-time offenders. The case may also involve child welfare authorities, which can complicate matters. Penalties can include jail time, probation, and parenting-related conditions. Statements made during the investigation can affect both criminal and family matters.

### How Are Blood Tests Used In Felony DWI Cases?

Blood tests are a central piece of evidence in felony DWI cases, especially when injury or death is alleged. Prosecutors rely on blood alcohol or drug concentration results to establish intoxication. These tests must follow strict legal and scientific procedures. Errors in collection, storage, testing, or documentation can undermine their reliability.

### Can An Intoxication Manslaughter Charge Be Reduced?

In some cases, yes. The State must prove that intoxication caused the death. If evidence shows alternative causes or weaknesses in causation, charges may be reduced or dismissed. Each case depends on the facts, medical evidence, and investigative findings.

### Will A Felony DWI Stay On My Record Forever?

A felony conviction generally remains on a criminal record permanently. Expunction and sealing are not available for felony convictions in most circumstances. This permanence is why fighting the charge at the outset is so important.

### Do Felony DWI Cases Take Longer Than Misdemeanor Cases?

Typically, yes. Felony cases involve more evidence, more hearings, and often expert analysis. They may take many months or longer to resolve. While the process can be lengthy, that time can also be used to build a strong defense.

### What Should I Do After Being Arrested For Felony DWI?

The most important step is to avoid making statements and seek legal representation immediately. Early decisions can affect bond conditions, evidence preservation, and defense options. Acting quickly helps protect rights and improves the ability to challenge the State’s case.

### Can A Felony DWI Be Reduced To A Misdemeanor?

In some situations, yes. Successful challenges to prior convictions, evidence suppression, or weaknesses in proof can lead to reduced charges. This outcome depends on the specific facts and legal issues involved.

## Call Mark Diaz & Associates For Help With Felony DWI Charges

Felony DWI charges place your freedom, your record, and your future at risk. These cases demand careful attention to detail, a firm understanding of Texas criminal law, and a defense strategy built around the facts, not assumptions.

At Mark Diaz & Associates, we defend clients facing serious DWI allegations in Galveston and throughout Houston. We understand how prosecutors approach felony DWI cases and where the evidence often falls short.

If you or a loved one is facing a felony DWI accusation, contact our [Galveston DWI defense lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [receive your free consultation](/landing-form/). Early action can make a real difference when a DWI charge becomes a prison case.

**Categories:** DWI Attorney

---

### [When Does A Billing Error Become Federal Healthcare Fraud?](https://texascriminaljustice.com/when-does-a-billing-error-become-federal-healthcare-fraud/)

**Published:** January 13, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![MedicalFraudTextOnStickyNotesWithStethoscopeAndGavel](https://texascriminaljustice.com/wp-content/uploads/2026/01/Diaz-3-When-Does-a-Billing-Error-Become-Federal-Healthcare-Fraud_Jan-2026.jpg "MedicalFraudTextOnStickyNotesWithStethoscopeAndGavel")At Mark Diaz & Associates, we work with many medical professionals, office managers, and business owners who never imagined they would be facing criminal charges. One of the most common areas where this happens is in healthcare billing. What might start as a minor documentation mistake or coding error can quickly trigger a federal investigation. The question we hear often is: when does a billing error cross the line into federal [healthcare fraud](/white-collar-crimes/)?

The answer depends on the intent behind the action, the pattern of conduct, and how the billing was submitted to Medicare, Medicaid, or other federally funded healthcare programs. While human error is not a crime, repeated or intentional misstatements on claims can lead to serious legal consequences, including federal felony charges.

In Texas, state and federal agencies are working more closely than ever to monitor billing practices. Providers in Galveston, Houston, and across the state need to understand what puts them at risk—and how to respond if they are accused of wrongdoing.

## What Is Federal Healthcare Fraud?

Healthcare fraud is broadly defined under [18 U.S.C. § 1347](https://www.law.cornell.edu/uscode/text/18/1347). This federal statute makes it a crime to knowingly and willfully execute, or attempt to execute, a scheme to defraud any healthcare benefit program, or to obtain funds through false or fraudulent pretenses. The law covers billing submitted to Medicare, Medicaid, TriCare, the VA, and any federally funded insurance.

The government does not need to prove that the fraud was successful—only that there was intent to deceive or gain money improperly. That means even an attempt to submit a false claim can result in criminal prosecution.

Examples of conduct that can lead to charges include:

- Billing for services not provided
- Using incorrect billing codes to increase reimbursement (upcoding)
- Submitting duplicate claims for the same service
- Misrepresenting the provider of service
- Falsifying patient records to justify procedures
- Paying or receiving kickbacks for patient referrals (which may also violate the Anti-Kickback Statute, 42 U.S.C. § 1320a–7b)

## The Role Of Intent In Determining Criminal Liability

One of the most important legal factors is intent. If a billing mistake was truly accidental, it may result in overpayment recovery or administrative penalties—but not criminal charges. However, if there is evidence that the provider or billing staff knew the claim was false and submitted it anyway, prosecutors may pursue fraud charges.

Courts look at documentation, emails, staff instructions, and billing patterns to determine if there was a willful plan to submit false information. A single mistake is usually not enough to lead to prosecution. But repeated or coordinated actions often raise red flags.

## How Texas Law Addresses Medicaid Fraud

In addition to federal law, [Texas Penal Code § 35A.02](https://statutes.capitol.texas.gov/docs/PE/htm/PE.35A.htm) addresses Medicaid fraud under state law. This statute makes it illegal to knowingly make false statements or misrepresentations to obtain payment from the Medicaid program.

Texas law outlines offenses such as:

- Billing for unnecessary medical services
- Concealing information affecting eligibility or payments
- Making false statements in applications or billing documents
- Failing to refund overpayments

Penalties can range from a state jail felony to a first-degree felony, depending on the amount involved. State prosecutors may work with federal agencies or pursue charges independently.

## What Triggers An Investigation?

Federal healthcare fraud cases often begin with:

- Whistleblower complaints from employees under the False Claims Act
- Audits or data analysis showing irregular billing patterns
- Patient complaints about being billed for unreceived services
- Referrals from other agencies, like the Department of Health and Human Services (HHS) or the Texas Office of Inspector General

Once an investigation begins, providers may receive subpoenas, civil investigative demands, or even search warrants. Being proactive in this situation is essential.

## Civil vs. Criminal Liability

Not all healthcare billing cases result in criminal charges. In many situations, the government pursues civil penalties instead of or before filing criminal indictments.

Under the [False Claims Act](https://www.justice.gov/civil/false-claims-act), providers can be sued civilly for knowingly submitting false claims. These cases often involve substantial financial penalties, including treble damages (triple the government’s loss) and fines per false claim.

The government may also impose administrative sanctions, such as:

- Exclusion from Medicare or Medicaid participation
- Licensing action by the Texas Medical Board or the State Board of Pharmacy
- Civil monetary penalties (CMPs)

## Defending Against Healthcare Fraud Charges

If you are under investigation or have been charged with federal healthcare fraud, you have the right to defend yourself. At our firm, we examine every detail of the case, including:

- Whether the billing issue was intentional or clerical
- If the statute was applied correctly
- Whether prosecutors can prove intent beyond a reasonable doubt
- If the evidence supports a lesser charge or civil resolution
- Whether the provider took steps to correct the error before being contacted

Every case is unique, but we often find that early legal action can prevent escalation and help avoid severe penalties.

## Protecting Your Practice Going Forward

Healthcare billing is complex, and even well-meaning providers can make mistakes. We advise our clients to:

- Train all staff on proper billing procedures
- Use compliance programs to monitor billing accuracy
- Document all services clearly in the patient’s medical record
- Review coding and claims submissions regularly
- Respond promptly to any overpayment notice or audit request

Implementing strong internal controls can help reduce the risk of facing a criminal inquiry.

## Federal Healthcare Fraud And Billing Error FAQs

### Can A Simple Billing Mistake Lead To Criminal Charges?

Not all billing mistakes are crimes. To be prosecuted under federal law, the mistake must involve intent to defraud. This means the provider knowingly submitted a false claim or used deception to obtain funds. Honest clerical errors or misunderstandings about coding are usually handled through administrative processes, not criminal courts. However, repeated mistakes or failure to correct known issues can raise suspicion and lead to legal trouble.

### What Is The Difference Between A Civil False Claims Case And A Criminal Fraud Case?

A civil case under the False Claims Act is focused on recovering money for the government. It may involve large fines but does not result in prison time. A criminal healthcare fraud case, on the other hand, can result in felony charges, prison time, and a permanent criminal record. Both cases may stem from the same facts, but the burden of proof and consequences are different.

### How Do Investigators Prove Intent In A Fraud Case?

Prosecutors rely on emails, billing records, testimony from employees, and audit results to show intent. If the evidence shows the provider knew the claim was false but submitted it anyway—or ignored clear signs of fraud—intent can be established. Prosecutors may also look at whether the provider changed behavior after receiving a warning, which can either help or hurt the defense.

### Can I Be Prosecuted If My Billing Staff Made The Error?

Yes, but only if you were involved or willfully ignored the issue. As the owner or manager of a practice, you may be held responsible under theories of conspiracy or aiding and abetting if you approved or encouraged the false billing. However, if your staff made the error without your knowledge and you corrected it quickly, that is a strong defense.

### What Are The Penalties For Federal Healthcare Fraud?

Federal healthcare fraud is a felony. Conviction under 18 U.S.C. § 1347 can result in up to 10 years in prison per count, or up to 20 years if serious bodily injury is involved. In addition, defendants may be ordered to pay restitution, fines, and may lose their professional license or billing privileges.

### Are Kickbacks Considered Fraud Even If The Patient Got Care?

Yes. Under the Anti-Kickback Statute, it is illegal to offer or receive anything of value in exchange for patient referrals, even if the services were medically necessary and properly billed. Violations can lead to separate federal charges and increase the overall penalties in a fraud case.

### How Long Does A Federal Investigation Take?

Federal investigations often take months or even years. Agents will gather documents, conduct interviews, and build their case before filing charges. This gives defense attorneys time to intervene early and potentially resolve the case through a settlement or civil resolution. Waiting to act can limit your options and increase your risk.

### What Should I Do If I Get A Subpoena Or Target Letter?

Call a criminal defense attorney immediately. A subpoena or target letter means the government is already investigating. Do not speak to investigators or try to “clear things up” on your own. Anything you say can be used against you later. A defense lawyer can review the letter, protect your rights, and begin building your defense strategy.

## Call Mark Diaz & Associates For Your Free Consultation

At Mark Diaz & Associates, we defend healthcare providers and business owners accused of federal healthcare fraud, Medicaid fraud, and related offenses across Galveston and Houston. If you are being investigated or have received a subpoena, target letter, or audit notice, do not wait. Your license, career, and freedom may be at risk.

Contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We will help you understand your legal options and fight to protect your name, your practice, and your future.

**Categories:** White Collar Crime

---

### [Family Violence Strangulation Charges In Texas: Why These Cases Are Treated So Seriously](https://texascriminaljustice.com/family-violence-strangulation-charges-in-texas-why-these-cases-are-treated-so-seriously/)

**Published:** February 8, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![RedFlowerWomanWalkie-talkieScreamStrangulation](https://texascriminaljustice.com/wp-content/uploads/2026/02/Family-Violence-Strangulation.jpg "RedFlowerWomanWalkie-talkieScreamStrangulation")

Family violence strangulation cases are among the most aggressively prosecuted offenses in Texas criminal courts. These allegations trigger immediate law enforcement action, mandatory arrest policies, and heightened felony exposure, often before a full investigation has taken place. We see these cases regularly in Galveston and throughout Houston, and the consequences can unfold quickly for anyone accused.

Unlike many other domestic-related allegations, strangulation cases are treated as a distinct and dangerous category under [Texas law](https://statutes.capitol.texas.gov/?tab=1&code=CR&chapter=CR.5&artSec=5.06). Even when there are no visible injuries, no loss of consciousness, and conflicting accounts between the people involved, prosecutors frequently move forward with felony charges. The mere allegation that pressure was applied to the neck or throat can change the direction of a case overnight.

What makes these cases especially difficult is that they often hinge on subjective descriptions rather than clear physical evidence. Emotions run high, relationships are complicated, and statements made during moments of stress can carry long-term consequences. Once a strangulation allegation appears in a police report, the legal stakes increase immediately.

We want you to understand how Texas law defines family violence strangulation, why these cases are handled differently, and what legal issues arise from the moment police respond through the resolution of the case.

## How Texas Law Defines Family Violence Strangulation

Texas treats strangulation as a serious offense because of the medical risks associated with restricting blood flow or air supply, even briefly. The law does not require visible injury or lasting harm to bring charges.

Under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01), assault becomes a felony when a person is accused of intentionally, knowingly, or recklessly impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck, or by blocking the nose or mouth. When the alleged victim is a family member, household member, or dating partner, the charge is elevated accordingly.

This statute focuses on the act itself, not the outcome. Prosecutors do not need to prove that the complainant passed out, suffered bruising, or required medical care. Statements describing pressure, difficulty breathing, dizziness, or fear can be enough to support the charge.

Because of this broad legal definition, many people are shocked to learn that an argument involving grabbing, pushing, or momentary contact near the neck can be classified as felony strangulation.

### Why These Charges Are Automatically Classified As Felonies

Family violence strangulation is generally charged as a third-degree felony in Texas. This classification applies even when there is no criminal history and no visible injury. The reasoning behind this treatment is rooted in the belief that strangulation presents a high risk of serious bodily injury or death.

Texas lawmakers and prosecutors consider strangulation a strong predictor of future violence. As a result, these cases are often flagged early by law enforcement agencies and district attorney offices for enhanced handling. Prosecutors are trained to pursue these cases even when the complaining witness later expresses doubt or requests that charges be dropped.

A third-degree felony carries exposure to a prison sentence, probation with strict conditions, and a permanent felony record. The classification alone has immediate effects on bond conditions, protective orders, and firearm restrictions.

### The Role Of Family Violence Allegations Under Texas Law

Strangulation charges do not exist in a vacuum. They are almost always tied to family violence allegations, which bring their own legal framework and consequences.

Texas law defines family violence broadly. It includes current or former spouses, people who live together or previously lived together, individuals related by blood or marriage, and people involved in dating relationships. Once an allegation falls within this category, additional rules apply.

Police responding to family violence calls are trained to make arrests when they believe probable cause exists. In strangulation cases, officers often err on the side of arrest due to the perceived risk. This means a person can be taken into custody even when accounts differ or physical evidence is limited.

Family violence designations also trigger mandatory reporting, protective order considerations, and special handling by prosecutors who focus exclusively on these cases.

### Protective Orders And Immediate Court Restrictions

One of the most disruptive consequences of a family violence strangulation charge is the rapid imposition of protective orders. These orders can be issued shortly after arrest and may remain in place for the duration of the case.

Protective orders can prohibit contact with the alleged victim, restrict access to a shared home, and limit communication with children. Violating a protective order is a separate criminal offense, even if the alleged victim initiates contact.

In Galveston and Houston courts, judges take these orders seriously, especially in strangulation cases. Even minimal allegations can lead to strict conditions that affect housing, employment, and family relationships.

### How Prosecutors Build Strangulation Cases Without Visible Injuries

Many people assume that a strangulation charge requires bruises, marks, or medical records. In reality, prosecutors often rely on indirect evidence.

Statements made at the scene are critical. Officers document claims of pressure, breathing difficulty, fear, or pain. Body camera footage, 911 recordings, and witness statements are frequently used to reinforce the narrative. Medical professionals may note complaints even when they find no external injuries.

Because strangulation does not always leave marks, prosecutors often argue that the absence of injury does not undermine the accusation. This approach places significant weight on early statements and reports, which can be influenced by stress, fear, or misunderstanding.

### Long-Term Consequences Of A Felony Strangulation Conviction

A conviction for family violence strangulation carries consequences that extend far beyond the courtroom. A felony record affects employment, housing, professional licenses, and firearm rights. It can also impact future family law matters, including custody and visitation.

Even a deferred outcome or probation can leave lasting effects. Background checks often reflect the charge itself, and family violence findings can influence future legal proceedings.

Because of these stakes, the way a case is handled from the beginning matters. Early decisions, statements, and court conditions can shape the outcome in ways that are difficult to reverse.

## Frequently Asked Questions About Family Violence Strangulation Charges In Texas

### What Makes Strangulation Different From Other Domestic Assault Charges?

Strangulation is treated differently because Texas law recognizes the medical danger associated with restricting airflow or blood circulation. Unlike simple assault, strangulation does not require visible injury. The allegation that breathing or circulation was impeded elevates the offense to a felony when family violence is involved. This distinction means higher bond amounts, stricter court conditions, and more aggressive prosecution from the start.

### Can Someone Be Charged Even If There Are No Bruises Or Marks?

Yes. Texas law does not require visible injuries for a strangulation charge. Many cases proceed based on statements describing pressure to the neck, difficulty breathing, dizziness, or fear. Prosecutors routinely argue that strangulation often leaves no marks, especially when pressure is applied briefly or with the hands rather than an object.

### What If The Alleged Victim Wants To Drop The Charges?

In Texas, the decision to pursue charges belongs to the prosecutor, not the alleged victim. Even if the complaining witness later recants or asks that the case be dismissed, prosecutors may continue if they believe there is sufficient evidence. This is especially common in strangulation cases due to their perceived seriousness.

### Does A Strangulation Charge Automatically Mean Prison Time?

A third-degree felony carries the possibility of prison, but outcomes vary depending on the facts, criminal history, and how the case is presented. Some cases result in probation or alternative resolutions, while others proceed to trial. Early legal strategy plays a significant role in determining the range of possible outcomes.

### How Do Protective Orders Affect Daily Life?

Protective orders can restrict contact with the alleged victim, require a person to leave their home, and limit communication with children. These orders are enforceable by arrest, even if contact is consensual. Violations can result in new criminal charges, making compliance critical.

### Are Strangulation Cases Difficult To Defend?

These cases present unique challenges because they often rely on statements rather than physical evidence. However, that does not mean they are indefensible. Careful review of reports, recordings, timelines, and inconsistencies can reveal weaknesses. Each case turns on its specific facts and how the evidence is tested.

### Can A First-Time Accusation Still Be A Felony?

Yes. Family violence strangulation is typically charged as a felony regardless of prior record. Many people facing these charges have no criminal history and are surprised by the severity of the accusation.

### How Quickly Should Someone Get Legal Help After An Arrest?

Strangulation cases move fast. Bond conditions, protective orders, and early statements can shape the case immediately. Having legal guidance early helps protect rights, address court conditions, and prevent missteps that can complicate the defense.

## Talk With Mark Diaz & Associates About Your Family Violence Defense Case

If you are facing a family violence strangulation charge in Galveston or anywhere in Houston, the stakes are too high to leave your future to chance. These cases require careful handling from the very beginning.

At Mark Diaz & Associates, we take a direct and personal approach to every case. When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

We represent clients in Galveston and throughout the city of Houston, Texas. Contact our [Galveston domestic violence lawyer](/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Family Violence Defense Lawyer

---

### [Galveston Domestic Violence Charges: What Happens After Police Are Called](https://texascriminaljustice.com/galveston-domestic-violence-charges-what-happens-after-police-are-called/)

**Published:** February 6, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![PortraitOfUpsetWomanCrimeVictimSittingAtHomeAfter](https://texascriminaljustice.com/wp-content/uploads/2026/02/Galveston-domestic-violence.jpg "PortraitOfUpsetWomanCrimeVictimSittingAtHomeAfter")

When police are called to a domestic disturbance in [Galveston](https://www.galveston.com/), events move quickly and the consequences can follow you for years. A single phone call can lead to an arrest, removal from your home, and criminal charges that carry serious penalties under Texas law. Many people are shocked by how fast control is taken out of their hands once officers arrive. Even when no one intended for the situation to escalate, the legal process often moves forward anyway.

Domestic violence cases in Texas are handled differently from many other criminal matters. Officers are trained to treat these calls as high priority, and prosecutors often pursue charges even if the complaining witness later wants the case dropped. Protective orders, bond conditions, and no-contact restrictions can begin immediately. For many people, the first night after police are called becomes the most confusing part of the entire case.

We represent individuals throughout Galveston and across Houston who are facing domestic violence allegations. Understanding what happens after police are called helps reduce panic and allows you to make informed decisions early. The steps taken in the first 48 hours often shape the entire case.

## What Police Are Required To Do During A Domestic Violence Call In Texas

Texas law places specific obligations on law enforcement when responding to a family violence call. Officers must determine whether family violence occurred and whether an arrest is authorized or required under the Texas Code of Criminal Procedure.

Under [Texas Code of Criminal Procedure § 14.03](https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.14.pdf), officers may make a warrantless arrest if they have probable cause to believe an assault involving family violence occurred and there is a danger of further violence. This authority is broader than in many other misdemeanor situations.

Officers will usually separate the parties and conduct individual interviews. They may photograph injuries, inspect the scene, review text messages or call logs, and speak with children or other witnesses present. Statements made during these moments are often documented in detail and later relied upon by prosecutors.

Importantly, Texas law does not require visible injuries for an arrest. Allegations involving threats, fear of harm, or prior incidents may be enough. Even when both parties are emotional or accounts conflict, officers are trained to identify a “primary aggressor.” That determination often leads directly to an arrest.

### When An Arrest Happens Even If No One Wants One

One of the most difficult realities for families is that an arrest can happen even when the reporting party asks police not to arrest anyone. Once officers believe probable cause exists, the decision no longer belongs to the household.

Texas law allows officers to arrest based on the facts observed at the scene, prior call history, and statements made during the investigation. Prosecutors then decide whether to file charges, not the alleged victim.

This means that reconciliation or regret after the call does not stop the case. In many Galveston domestic violence matters, the complaining witness later seeks to recant or minimize the incident. While that may affect the outcome, it does not end the case automatically.

### Common Domestic Violence Charges Filed In Galveston

Most domestic violence cases begin under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.01), which governs assault. When the alleged victim is a family member, household member, or dating partner, the charge becomes assault family violence.

The most common charge is Class A misdemeanor assault family violence, which can involve causing bodily injury, threatening imminent harm, or offensive physical contact. A Class A misdemeanor carries up to one year in county jail and a fine of up to $4,000.

If the accused has a prior family violence conviction, the charge may be elevated to a third-degree felony under [Texas Penal Code § 22.01(b)(2)](https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/). Felony charges dramatically increase potential prison exposure and long-term consequences.

More serious allegations may involve aggravated assault under [Texas Penal Code § 22.02](https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.22.pdf), which can apply if a deadly weapon is alleged or if serious bodily injury is claimed. These cases carry substantial prison time and require immediate legal attention.

### Protective Orders And Emergency Restrictions After Arrest

In many Galveston domestic violence cases, a protective order is requested shortly after arrest. Protective orders are governed by [Texas Family Code Chapter 85](https://statutes.capitol.texas.gov/getstatute.aspx?Code=FA&Value=85) and may be issued even before the criminal case is resolved.

A temporary protective order can restrict contact, prohibit return to a shared residence, limit firearm possession, and affect child visitation. Violating a protective order is a separate criminal offense.

Even without a protective order, bond conditions often include no-contact provisions. These restrictions can feel overwhelming, especially when children or shared housing are involved. Violations, even accidental ones, can result in immediate re-arrest.

### How Prosecutors Build Domestic Violence Cases Without Cooperation

Many people assume domestic violence cases fall apart without the alleged victim’s cooperation. In reality, prosecutors often proceed using other forms of evidence.

This may include body camera footage, 911 recordings, photographs, medical records, witness statements, and prior incident history. Statements made at the scene may be admitted under hearsay exceptions, even if the witness later refuses to testify.

Galveston prosecutors are experienced in these strategies. Waiting to see if the case “goes away” is rarely effective and often harmful to the defense.

### Long-Term Consequences Of A Domestic Violence Conviction In Texas

A domestic violence conviction carries consequences far beyond jail time. A finding of family violence can affect firearm rights under federal law, employment opportunities, housing applications, and professional licensing.

Custody and visitation issues may also arise in family court, even when the criminal case is resolved. Immigration consequences can be severe for non-citizens. These impacts often matter more to clients than the criminal penalty itself.

Early legal involvement helps address these risks before positions harden and evidence becomes fixed.

## Frequently Asked Questions About Galveston Domestic Violence Charges

### What Happens Immediately After A Domestic Violence Arrest In Galveston?

After an arrest, the accused is typically taken to jail for booking and magistrate review. During this process, bond is set and conditions are imposed. These conditions often include no contact with the alleged victim and restrictions on returning home. A magistrate may also consider whether a protective order is appropriate. The first few days are critical because statements, bond terms, and early filings shape the case moving forward.

### Can A Domestic Violence Case Be Dropped If The Alleged Victim Changes Their Mind?

The decision to file or dismiss charges belongs to the prosecutor, not the alleged victim. While a change in position may affect how the case is handled, it does not guarantee dismissal. Prosecutors frequently move forward using independent evidence such as recordings or photographs. Legal strategy focuses on evidence strength, credibility issues, and procedural defenses.

### Will I Lose My Gun Rights If Charged With Domestic Violence?

A charge alone does not permanently remove firearm rights, but protective orders and bond conditions often restrict possession during the case. A conviction for family violence can trigger long-term firearm restrictions under federal law. This issue should be addressed early to avoid unintentional violations.

### Do Police Have To Arrest Someone During A Domestic Disturbance Call?

Police are not required to arrest in every situation, but Texas law gives them broad authority to do so when probable cause exists. Factors such as alleged injury, threats, prior history, and scene observations influence the decision. Many arrests occur even when both parties request no arrest.

### Can I Return Home After Being Arrested For Domestic Violence?

Often, no. Bond conditions or protective orders frequently prohibit returning to the residence or contacting the other party. Violating these terms can result in additional charges. Any request to modify conditions must go through the court.

### What If There Are Children Involved In The Incident?

Children present during an alleged incident may lead to additional scrutiny. Statements from children, even informal ones, can become part of the case. Family court consequences may follow, separate from the criminal matter. These cases require careful handling to avoid compounding problems.

### Is Domestic Violence Always A Felony In Texas?

No. Many first-time cases are charged as Class A misdemeanors. However, prior convictions, allegations involving choking, or use of a weapon can elevate the charge to a felony. Understanding the classification matters for both defense planning and future consequences.

### Can Text Messages Or Social Media Be Used As Evidence?

Yes. Digital communications are commonly used in domestic violence cases. Messages sent before or after the incident may be interpreted out of context. Preserving and reviewing digital evidence early is often critical.

### What If I Was Acting In Self-Defense?

Self-defense is recognized under Texas law, but it must be supported by evidence. Police decisions at the scene do not determine the final outcome. A thorough review of injuries, witness accounts, and prior interactions is necessary to present a complete picture.

### How Long Do Domestic Violence Cases Take In Galveston?

Timelines vary. Some cases resolve within months, while others take a year or longer. Protective orders, discovery issues, and court scheduling all affect duration. Early preparation helps avoid unnecessary delays.

## Talk With A Galveston Domestic Violence Defense Lawyer Who Remains Personally Involved

Domestic violence allegations demand immediate, focused attention. At Mark Diaz & Associates, we represent individuals facing these charges in Galveston and throughout the entire city of Houston, Texas. These cases affect freedom, family, and future opportunity, and they require careful handling from the start.

When you hire us, you work directly with us. Our clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If police have been called and you are facing domestic violence charges, do not wait for the situation to worsen. Contact our [Galveston domestic violence lawyer](/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and across Houston, and we are ready to protect your rights and your future.

**Categories:** Domestic Violence

---

### [Family Violence Allegations In Texas: Immediate Steps To Protect Your Rights](https://texascriminaljustice.com/family-violence-allegations-in-texas-immediate-steps-to-protect-your-rights/)

**Published:** February 2, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DomesticViolenceLawAndGavelOnGreyMarbleTableCloseup](https://texascriminaljustice.com/wp-content/uploads/2026/02/family-violence.jpg "DomesticViolenceLawAndGavelOnGreyMarbleTableCloseup")

Family violence allegations in Texas can change a person’s life in a matter of hours. An argument at home, a heated phone call, or a misunderstanding between partners can quickly lead to police involvement, arrest, removal from the home, and court-ordered restrictions that take effect before you ever speak to a judge. Many people are shocked by how fast the system moves and how serious the consequences can be, even when no injuries are visible.

As [criminal defense attorneys](/) serving [Galveston](https://www.galveston.com/) and the greater Houston area, we see firsthand how family violence cases unfold in real time. These cases are emotionally charged, legally complex, and often driven by statements made in moments of stress. What you do in the first 24 to 72 hours matters more than most people realize.

[Texas Law](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=5.05) treats family violence allegations differently from many other criminal charges. Officers have expanded arrest authority, prosecutors face public pressure to pursue cases aggressively, and judges routinely impose strict bond conditions at the very beginning of the case. Understanding how the law works and where the risks lie is essential to protecting your rights, your freedom, and your future.

## How Texas Law Defines Family Violence

Family violence is not a casual label under Texas law. It is a defined legal term that carries specific consequences. Under the Texas Family Code, family violence includes acts intended to cause physical harm, bodily injury, assault, or threats that reasonably place a family or household member in fear of imminent harm. This definition also applies to dating relationships, former spouses, and people who share a child.

Because the definition is broad, many cases do not involve visible injuries. A shove, an alleged threat, or an accusation made during a breakup can be enough to trigger an arrest. Law enforcement officers responding to a domestic call are trained to treat these situations as high-risk and often err on the side of making an arrest to avoid criticism later.

Once the allegation is classified as family violence, the case takes a different procedural path than a standard assault charge. That classification affects arrest decisions, bond conditions, firearm restrictions, and long-term consequences if a conviction occurs.

### Common Criminal Charges In Family Violence Cases

Most family violence cases begin with an assault charge under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.22&artSec=22.01). When the alleged victim is a family or household member, the charge becomes “assault causing bodily injury – family violence.” Even minor contact can qualify if it allegedly caused pain.

Certain facts can elevate the case quickly. Allegations involving strangulation are charged as a felony under [§ 22.01(b)(2)(B)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=22.01), even if there are no visible marks. Prior family violence convictions can also enhance a misdemeanor case to a felony. Texas law also recognizes the offense of continuous violence against the family under [§ 25.11](https://codes.findlaw.com/tx/penal-code/penal-sect-25-11/), which allows prosecutors to combine multiple incidents into a single felony charge.

Additional charges may include unlawful restraint, terroristic threat, or interference with emergency calls. Each added allegation increases exposure and complicates the defense strategy.

### What Happens Immediately After A Family Violence Arrest

After an arrest, most people are taken to jail and held until they see a magistrate. At this first appearance, bond is set, and conditions are imposed. In family violence cases, those conditions are often strict and immediate.

Common bond conditions include no contact with the alleged victim, removal from the family home, firearm surrender, and GPS or alcohol monitoring. Violating even one condition can result in a new arrest and revocation of bond.

In many cases, a magistrate will also issue an Emergency Protective Order under [Texas Code of Criminal Procedure Article 17.292](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm). These orders can last up to 61 days and apply regardless of the alleged victim’s wishes. Once issued, the order is enforceable statewide and carries criminal penalties if violated.

### Why Statements Made Early Can Be Used Against You

One of the biggest mistakes we see is people trying to “explain” the situation to police or investigators after an arrest. Texas law does not require the alleged victim’s cooperation for a case to move forward. Prosecutors often rely on body-cam footage, 911 calls, witness statements, and recorded jail calls to build their case.

Anything you say can be used to support the charge, even if you believe you are clearing things up. In emotionally charged situations, people often make statements that are taken out of context or interpreted in the worst possible light. Silence, paired with early legal representation, protects you from unintentionally strengthening the case against you.

### Protective Orders And Their Long-Term Impact

Protective orders are civil in nature, but the consequences are criminal. A temporary protective order can restrict where you live, who you see, and how you interact with your own children. Final protective orders can last up to two years or longer in certain cases.

A protective order can also affect employment, housing, and firearm rights. Even without a criminal conviction, the existence of a protective order creates a public record that can follow you for years. Challenging these orders early, with evidence and proper procedure, is often critical.

### Defending Against Family Violence Allegations

Every family violence case is different. Some involve false accusations tied to divorce or custody disputes. Others stem from mutual arguments where only one person is arrested. Self-defense, lack of intent, credibility issues, and inconsistent statements are common defense themes.

Early investigation matters. That includes reviewing body-cam footage, obtaining medical records, analyzing text messages, and identifying witnesses. Waiting too long can result in lost evidence and fewer defense options.

A strategic defense is not about arguing in public or on social media. It is about controlling the narrative in court and protecting your rights at every stage of the process.

## Frequently Asked Questions About Family Violence Allegations In Texas

### Can I Be Arrested For Family Violence Even If No One Is Injured?

Yes. Texas law does not require visible injuries for a family violence arrest. If officers believe physical contact occurred and caused pain, or if a threat created fear of imminent harm, an arrest can be made. Officers are trained to make quick decisions at domestic calls, and arrests are common even when evidence is limited.

### Does The Alleged Victim Have To Press Charges?

No. In Texas, the decision to file charges belongs to the prosecutor, not the alleged victim. Even if the complaining witness later asks for the case to be dropped, prosecutors may continue if they believe there is sufficient evidence. This often surprises families who thought the issue would end once emotions cooled.

### Will I Be Forced To Leave My Home After An Arrest?

In many cases, yes. Bond conditions or an emergency protective order may require you to stay away from the residence, even if your name is on the lease or deed. Violating that condition can result in immediate re-arrest, regardless of consent from the other party.

### Can Family Violence Charges Affect Child Custody?

They can. While criminal courts and family courts are separate, allegations of family violence are taken seriously in custody proceedings. Temporary orders in a criminal case can influence family court decisions, especially if a protective order is in place.

### What Happens If I Violate A Protective Order By Accident?

Texas treats protective order violations as separate criminal offenses. Even accidental contact, such as responding to a text or going to a prohibited location, can lead to arrest. Courts expect strict compliance, and excuses are rarely accepted without strong proof.

### Is Strangulation Always A Felony In Texas?

Yes. Allegations involving choking, blocking airflow, or restricting blood flow are charged as felonies under Texas law, even if there are no marks or lasting injuries. These cases carry serious prison exposure and must be handled carefully from the start.

### Can A Family Violence Charge Be Dismissed?

Dismissal is possible, but it depends on the facts, evidence, and procedural handling of the case. Early legal intervention improves the chances of identifying weaknesses, suppressing improper evidence, or negotiating favorable outcomes.

### Should I Talk To The Alleged Victim To Clear Things Up?

No. Contacting the alleged victim after an arrest is risky and often illegal due to bond conditions or protective orders. Even well-intended communication can be used against you and may result in new charges.

### How Long Do Family Violence Cases Take To Resolve?

These cases can take months or longer, depending on court schedules, evidence review, and motion practice. Rushing the process rarely helps. A controlled, strategic approach usually produces better results.

### Will A Family Violence Conviction Stay On My Record?

Yes. A conviction creates a permanent criminal record and can carry lifetime consequences, including firearm restrictions. Avoiding a conviction is often the primary goal of a strong defense strategy.

## Talk With Mark Diaz & Associates Before One Mistake Becomes Permanent

Family violence allegations require immediate, careful action. Waiting, guessing, or trying to handle the situation alone often makes things worse. At Mark Diaz & Associates, we take a direct, hands-on approach to defending these cases.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If you are facing family violence allegations in Galveston, Houston, or anywhere in Texas, call Mark Diaz & Associates today for a free consultation at 409-515-6170. Early action can make the difference between temporary disruption and lasting damage to your life.

Contact our [Galveston domestic violence lawyer](/domestic-violence/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Domestic Violence

---

### [How Texas Handles Assault Charges When Both People Were Fighting](https://texascriminaljustice.com/how-texas-handles-assault-charges-when-both-people-were-fighting/)

**Published:** January 31, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![ManPushesAnotherDuringQuarrelTwoVeryAngryNervousAnd](https://texascriminaljustice.com/wp-content/uploads/2026/01/How-Texas-Handles-Assault.jpg "ManPushesAnotherDuringQuarrelTwoVeryAngryNervousAnd")

Physical confrontations are rarely as simple as police reports make them sound. In[ Galveston](https://www.galveston.com/) and throughout Texas, many assault cases begin with a fight where both people were angry, both people acted, and both people believe the other one is to blame. When officers arrive after emotions have already peaked, they are often forced to make quick decisions based on incomplete information.

That reality leads many people to ask whether Texas law treats [mutual fighting](/situations-where-the-texas-mutual-combat-law-can-be-a-defense/) differently from one-sided violence. The answer is more complex than most expect. When both people were fighting, Texas law allows room for defenses, charge reductions, and even dismissals, but those outcomes depend on how the facts are framed and how the law is applied.

We regularly represent clients who were not looking for trouble, did not plan to hurt anyone, and yet still found themselves arrested after a heated confrontation. In these situations, the legal analysis focuses on who initiated the encounter, whether force was justified, and whether any statutory defenses apply. Understanding how Texas handles assault cases involving mutual combat is critical to protecting your rights and your future.

## How Texas Defines Assault Under Criminal Law

Texas law defines assault broadly. Under [Texas Penal Code § 22.01](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.01), a person can be charged with assault for intentionally, knowingly, or recklessly causing bodily injury to another person. Assault can also be charged for threatening someone with imminent bodily injury or for causing physical contact that the person knows or should reasonably believe the other will find offensive.

In mutual fighting situations, prosecutors often rely on the bodily injury portion of the statute. Even minor injuries, such as redness, soreness, or scratches, may qualify as bodily injury under Texas law. This low threshold means that both participants in a fight can technically meet the statutory definition of assault at the same time.

However, the existence of mutual injury does not automatically mean both people should be convicted. Texas law recognizes defenses and limitations that become especially important when the confrontation involves two willing participants.

### What Happens When Both People Are Arrested After A Fight

In Galveston, it is not unusual for both parties to be arrested following a physical altercation. Officers responding to a disturbance are tasked with restoring order and preventing further harm. When they cannot determine a clear aggressor at the scene, they may arrest both individuals and let the court system sort it out.

Dual arrests often feel unfair to clients who believe they were defending themselves. Unfortunately, the arrest decision is only the first step. What matters most is how the case is handled after charges are filed. Prosecutors must still prove beyond a reasonable doubt that each defendant committed assault without legal justification.

This is where mutual combat analysis, self-defense law, and evidentiary weaknesses come into play.

### Mutual Combat And Why It Matters In Texas Assault Cases

Texas does not use the phrase “mutual combat” as a standalone charge, but the concept plays an important role in how assault cases are evaluated. [Mutual combat](/situations-where-the-texas-mutual-combat-law-can-be-a-defense/) generally refers to a situation where both parties willingly engage in a fight. When both people agreed to fight, either explicitly or through their actions, the legal analysis changes.

[Texas Penal Code § 22.06](https://codes.findlaw.com/tx/penal-code/penal-sect-22-06/) allows consent as a defense to assault in limited circumstances, particularly when the conduct does not cause serious bodily injury and does not involve a deadly weapon. While consent is not an automatic defense, it can be a powerful argument in bar fights, schoolyard altercations, and other spontaneous confrontations where neither party sought serious harm.

Prosecutors may hesitate to pursue charges when evidence shows that both individuals voluntarily participated and the injuries were minimal. This is especially true when there is no clear victim and no ongoing threat.

### Self-Defense When Both People Used Force

Self-defense is often the most important issue in assault cases involving fights. [Texas Penal Code § 9.31](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.9&artSec=9.51) permits the use of force when a person reasonably believes it is immediately necessary to protect against another’s use or attempted use of unlawful force.

In mutual fighting cases, the key question becomes who started the physical aggression and whether the response was proportional. A person who throws the first punch generally loses the right to claim self-defense unless the other person escalates the situation beyond what was initially anticipated.

Self-defense is not about who won the fight. It is about whether the force used was reasonable under the circumstances. Witness testimony, video footage, and injury patterns often determine how this defense is evaluated.

### When Self-Defense Stops Applying

Texas law places limits on self-defense claims. A person cannot claim self-defense if they provoked the other individual with the intent to cause a violent reaction. Similarly, self-defense does not apply when someone continues to use force after the threat has ended.

In mutual fights, this issue frequently arises when one person disengages, but the other continues striking. What may have started as a two-sided confrontation can quickly turn into a one-sided assault in the eyes of the law.

Understanding where that legal line exists is critical. Prosecutors focus heavily on whether force continued after the immediate danger passed.

### How Injury Severity Affects Assault Charges

Not all assault charges carry the same consequences. Simple assault causing minor injury is typically charged as a Class A misdemeanor. However, certain factors can elevate the charge, even in mutual fighting situations.

If serious bodily injury occurs, or if a deadly weapon is used, the offense may become aggravated assault under [Texas Penal Code § 22.02](https://codes.findlaw.com/tx/penal-code/penal-sect-22-02/). This can apply even when both parties were fighting if one person escalated the encounter in a legally significant way.

Aggravated assault charges carry the possibility of prison time, making early legal intervention especially important.

### Domestic Relationships And Mutual Fighting Allegations

When a fight involves spouses, dating partners, family members, or household members, the case may be labeled as domestic assault. Texas law treats these cases differently, even when both people were fighting.

Domestic assault cases often involve mandatory arrest policies and no-contact conditions. Even when both parties were aggressive, prosecutors may still pursue charges against one or both individuals based on prior history or perceived power dynamics.

These cases require careful handling because the collateral consequences can affect housing, employment, and firearm rights.

### Why Police Reports Often Favor One Side

Police reports are not neutral documents. They reflect what officers observed, what witnesses said, and what each party reported at the scene. In mutual fight cases, the person who speaks first, appears calmer, or shows visible injuries may be viewed as the victim.

This does not mean the report tells the full story. Cross-examination, video evidence, and medical records often reveal inconsistencies that change how the case is viewed later.

### How Prosecutors Decide Whether To Move Forward

Prosecutors consider several factors when deciding how to proceed in mutual fighting cases. These include injury severity, prior criminal history, witness credibility, and whether either party wishes to pursue charges.

Cases with reluctant witnesses, conflicting accounts, and minimal injuries are often candidates for dismissal or reduction. Early legal advocacy plays a major role in shaping that outcome.

### Long-Term Consequences Of Assault Convictions

Even misdemeanor assault convictions can carry lasting consequences. A conviction may affect employment, professional licensing, housing opportunities, and background checks. For non-citizens, immigration consequences may also arise.

Because of these risks, mutual fighting cases should never be treated casually. What seems like a minor incident can follow someone for years.

## Frequently Asked Questions About Mutual Fighting And Assault Charges In Texas

### Can Both People Be Charged With Assault After A Fight In Texas?

Yes. Texas law allows officers to arrest and prosecutors to charge both parties if evidence suggests that each person committed assault. This often happens when officers cannot determine a clear aggressor at the scene. However, being charged does not mean both cases will result in convictions.

### Does Mutual Fighting Automatically Cancel Out Assault Charges?

No. Mutual participation does not automatically cancel criminal liability. It may support defenses such as consent or self-defense, but each case is evaluated based on its own facts, injuries, and evidence.

### What If I Was Defending Myself But Also Threw Punches?

Self-defense does not require passivity. You may use reasonable force to protect yourself. The legal issue is whether the force was immediately necessary and proportionate to the threat you faced.

### Can Charges Be Dropped If The Other Person Does Not Want To Press Charges?

The decision to prosecute belongs to the State of Texas, not the other party. While a lack of cooperation from the alleged victim may influence the case, it does not guarantee dismissal.

### How Does Video Footage Affect Mutual Assault Cases?

Video footage often changes the entire direction of a case. Surveillance cameras, phone recordings, and body-worn camera footage can clarify who initiated force and whether self-defense applies.

### Is Mutual Combat A Defense In Bar Fights?

It can be. Consent may apply when both parties voluntarily engaged, and the injuries were minor. Each case requires careful analysis of how the fight began and escalated.

### Can A Mutual Fight Still Lead To A Felony Charge?

Yes. If serious bodily injury occurs or a weapon is used, felony charges may apply even if both people participated.

### What Happens If One Person Has Prior Assault Convictions?

Prior history can influence charging decisions, bond conditions, and sentencing exposure. Prosecutors often treat repeat allegations more aggressively.

### Are Mutual Assault Cases Common In Galveston?

Yes. We routinely see cases involving fights at bars, parties, workplaces, and family gatherings where fault is disputed and both sides are involved.

### Should I Speak To Police If Both Of Us Were Fighting?

Statements made without legal guidance can be misunderstood or used against you. It is important to understand your rights before giving detailed explanations.

## Call Mark Diaz & Associates For Defense Against Mutual Assault Charges

If you were arrested after a fight in Galveston or the Houston area, the way your case is handled early can shape everything that follows. At Mark Diaz & Associates, we understand how Texas assault laws apply when both people are involved. We take the time to examine what really happened, not just what appears in the police report.

When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout Houston, Texas, and we are ready to help you protect your record, your reputation, and your future.

**Categories:** Assault

---

### [Drug Possession Vs. Possession With Intent In Texas: Key Differences](https://texascriminaljustice.com/drug-possession-vs-possession-with-intent-in-texas-key-differences/)

**Published:** January 30, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![cannabis](https://texascriminaljustice.com/wp-content/uploads/2023/06/Diaz-4-What-Impact-Will-Texas-Medical-Cannabis-Law-Have-On-Recreational-Cannabis_June-2023.jpg "cannabis")

A drug charge in Texas can turn a person’s life upside down quickly, even when the amount involved seems small. We see this every week in Galveston and throughout Houston. Two charges that sound similar but carry very different consequences are drug possession and possession with intent to deliver.

The distinction between these offenses often determines whether a case remains at the state jail level or escalates to long-term felony exposure. Understanding how Texas law draws that line is critical for anyone facing arrest or investigation.

What police believe, what prosecutors allege, and what evidence actually proves are often very different things. Our role is to challenge assumptions and force the State to meet its burden under Texas criminal law.

## How Texas Law Defines Drug Possession

Under Texas law, drug possession generally means having control, care, or custody of a controlled substance. The statute most often cited is Texas Health and Safety Code [§ 481.115–§ 481.121](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf), depending on the drug involved. These provisions cover substances listed in Penalty Groups 1 through 4, as well as marijuana under separate sections.

Possession does not require the substance to be in a pocket or hand. Prosecutors frequently rely on the concept of “constructive possession,” which can include drugs found in a vehicle, residence, or shared space. To secure a conviction, the State must prove that the accused knew the substance was present and exercised control over it. That sounds straightforward, but in practice, these elements are often contested.

For example, drugs found in a car with multiple occupants do not automatically belong to the driver. Texas courts require “affirmative links” connecting a person to the substance. Without those links, possession becomes speculation rather than proof. Many cases hinge on whether officers rushed to conclusions instead of collecting evidence that meets the legal standard.

## What Changes When Police Allege Intent To Deliver

Possession with intent to deliver is charged under Texas Health and Safety Code [§ 481.112](http://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf), [§ 481.113](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-113/), and related sections, again depending on the substance. This charge requires the State to prove not only possession, but also an intent to distribute the drug to another person.

Intent is rarely proven by a direct admission. Instead, prosecutors rely on circumstantial evidence. Common factors include the quantity of drugs, packaging materials, digital scales, cash, or communications on a phone. Officers may also rely on their own interpretations of what “looks like” a distribution.

The difference is significant. Simple possession can be a misdemeanor or lower-level felony. Intent charges are almost always felonies and often carry mandatory prison ranges. A case that might otherwise resolve with probation can suddenly expose someone to years behind bars based on assumptions rather than proof.

## Drug Quantity And Penalty Groups Matter

Texas divides controlled substances into penalty groups, and each group carries different punishment ranges. Penalty Group 1 includes substances like cocaine, heroin, methamphetamine, and certain opioids. Penalty Group 2 includes MDMA and similar drugs. Penalty Groups 3 and 4 cover prescription medications and compounds with lower abuse potential.

Under [Texas Health and Safety Code § 481.115](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-115/), possession penalties increase sharply with weight. Even trace amounts can trigger felony charges for certain substances. When the State alleges intent, the same weight thresholds often jump to higher felony levels, including first-degree felonies in larger quantities.

Weight calculations are frequently challenged. Lab testing, chain of custody, and whether the State improperly included adulterants or fillers all matter. We regularly scrutinize how the alleged weight was calculated and whether it meets statutory definitions.

## How Prosecutors Try To Prove Intent

Intent cases are built on inference. The State often points to several recurring themes:

- Multiple baggies or packaging materials
- Digital scales or measuring tools
- Large amounts of cash
- Text messages or call logs
- Prior accusations or statements

Texas law allows circumstantial evidence, but it does not allow guesswork. Possessing a scale or cash is not illegal by itself. Many people carry cash for legitimate reasons. Phones often contain conversations taken out of context. Each factor must be examined carefully and challenged when it does not actually establish intent beyond a reasonable doubt.

## Traffic Stops And Searches Often Drive These Cases

In Galveston and Houston, many drug cases begin with traffic stops. Officers may claim to smell marijuana, observe nervous behavior, or rely on consent searches. Whether a stop or search was lawful can determine whether evidence is admissible at all.

Under Texas and federal constitutional law, illegal searches can lead to suppression of evidence. If drugs are excluded, the case often collapses. We analyze dash cam footage, body camera recordings, and police reports to determine whether officers exceeded their authority at any stage of the encounter.

## Shared Spaces And Joint Possession Allegations

One of the most common defenses in possession cases involves shared spaces. Apartments, vehicles, and hotel rooms are often occupied by more than one person. Texas courts require more than proximity to establish possession.

Affirmative links may include fingerprints, admissions, exclusive access, or behavior indicating ownership. Without those links, the State cannot simply assume possession. Intent charges are especially vulnerable in shared-space scenarios because the evidence often points to ambiguity rather than certainty.

## Collateral Consequences Beyond Jail Or Prison

Drug convictions affect far more than sentencing. A felony conviction can impact employment, professional licenses, housing, student loans, and immigration status. Even a misdemeanor can follow someone for years through background checks.

Intent charges carry an additional stigma. Being labeled a “dealer” has social and professional consequences that extend long after a case ends. These realities underscore why aggressive defense strategies matter from the earliest stages of a case.

## Why Early Defense Strategy Matters

The way a case is handled at the beginning often shapes its outcome. Statements made to police, consent given during searches, and decisions made before charges are formally filed can all influence whether prosecutors pursue possession or intent allegations.

We focus on early intervention. Challenging evidence, questioning assumptions, and presenting alternative explanations can prevent a case from escalating unnecessarily. Many intent cases are reduced or dismissed when the State’s evidence is tested rather than accepted at face value.

## Frequently Asked Questions About Drug Possession And Intent Charges In Texas

### What Is The Difference Between Possession And Possession With Intent Under Texas Law?

Possession focuses on control of a substance, while possession with intent adds the allegation that the person planned to distribute it. The intent element is what elevates the charge and increases potential penalties. Prosecutors must prove both possession and intent beyond a reasonable doubt.

### Can I Be Charged With Intent Even If No Sale Took Place?

Yes. Texas law does not require a completed sale. The State can allege intent based on circumstantial evidence such as packaging, quantity, or communications. These cases are often challenged because intent is inferred rather than proven directly.

### Does The Amount Of Drugs Automatically Mean Intent To Deliver?

No. While quantity is a factor, it is not determinative by itself. Personal use amounts vary widely depending on the substance and individual circumstances. Large quantities raise suspicion, but they do not automatically prove intent.

### What If Drugs Were Found In A Car With Multiple People?

Presence alone is not enough. The State must show affirmative links connecting a specific person to the drugs. Without those links, possession and intent allegations may fail under Texas law.

### Can Text Messages Be Used To Prove Intent?

Prosecutors often use text messages, but context matters. Messages can be misinterpreted or unrelated to drugs altogether. We routinely challenge how messages are obtained, interpreted, and presented.

### Are First-Time Offenders Treated Differently In Intent Cases?

First-time status can matter, but intent charges are still serious felonies. Prosecutors may be less flexible, which makes early defense work even more important.

### What Penalties Am I Facing If Convicted Of Intent To Deliver?

Penalties depend on the substance and weight involved. Many intent charges carry prison ranges measured in years rather than months, along with substantial fines.

### Can An Illegal Search Get My Case Dismissed?

If evidence was obtained through an unlawful search or seizure, it may be suppressed. Without that evidence, the State may be unable to proceed.

### Is Probation Available For Intent Charges?

Probation may be available in some cases, but it is far less common than in simple possession cases. Each case depends on statutory ranges and the specific facts involved.

### Why Do Police Upgrade Charges To Intent?

Intent charges give prosecutors leverage. They increase exposure and pressure defendants to plead. Our job is to challenge whether that upgrade is legally justified.

## Call Our Attorneys For A Free Consultation

If you or someone you care about is facing drug possession or possession with intent allegations in [Galveston](https://www.galveston.com/) or Houston, early action matters. At Mark Diaz & Associates, we handle these cases with the seriousness they demand. We know how Texas prosecutors build intent cases, and we know how to challenge them.

When you hire us, you work directly with us. Our clients have our personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

Contact our [Galveston drug possession lawyer ](/drug-possession/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout Houston. The earlier we are involved, the more options we may have to protect your future.

**Categories:** Drug Crime Attorney

---

### [How CDL Drivers Can Defend Against A DWI In Galveston](https://texascriminaljustice.com/how-cdl-drivers-can-defend-against-a-dwi-in-galveston/)

**Published:** February 3, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2024/11/Diaz-3-The-Real-Costs-of-a-DWI-Conviction-in-Texas_Nov-2024.jpg "DWI")

A DWI arrest can place a commercial driver’s entire livelihood at risk in a matter of hours. A commercial driver’s license is not just a credential; it is the foundation of a career, a family income, and often years of professional investment. When a [CDL holder](https://www.dps.texas.gov/section/commercial-driver-license) is stopped and arrested for DWI in Galveston, the consequences move quickly and on multiple tracks at the same time. Criminal court, administrative license action, and employer reporting obligations can all collide at once. We see firsthand how overwhelming this process can feel, especially for drivers who have never been in trouble before.

For CDL drivers, Texas law applies stricter standards and harsher penalties than those faced by non-commercial motorists. A single arrest can trigger an automatic disqualification even if the alleged conduct occurred in a personal vehicle. The risk does not stop with the court case. Insurance consequences, employer discipline, and permanent marks on a driving record can follow a driver for years. Our role is to step in early, protect rights, and fight to preserve the ability to work.

We represent CDL drivers throughout [Galveston](https://www.galveston.com/) and across Houston who need clear answers and immediate action. From the first traffic stop through the final outcome, we focus on limiting damage, challenging the evidence, and keeping careers intact whenever possible.

## Why CDL Drivers Face Stricter DWI Rules In Texas

Texas treats commercial drivers differently because of the size, weight, and potential danger of commercial vehicles. Under Texas law, a CDL holder is held to a lower alcohol concentration standard while operating a commercial motor vehicle. A blood alcohol concentration of 0.04 percent can lead to a DWI-related enforcement action, which is half the standard applied to non-commercial drivers.

Even more concerning is that Texas allows CDL consequences to flow from an arrest that occurs in a personal vehicle. A weekend stop in a private car can still threaten a professional license. The law does not require that the driver be hauling cargo or clocked in for work at the time of arrest. This is one of the most misunderstood aspects of CDL DWI cases and one of the reasons early legal guidance matters.

## Texas Criminal Charges That May Apply To CDL DWI Arrests

Most CDL DWI arrests fall under Texas Penal Code § 49.04, which defines Driving While Intoxicated. The statute focuses on loss of normal mental or physical faculties or having a prohibited alcohol concentration. For commercial drivers, prosecutors often rely on breath or blood testing combined with officer observations.

If aggravating factors are alleged, such as a prior DWI conviction, extremely high alcohol concentration, or an accident with injury, additional charges may apply. These cases can escalate from misdemeanors to felonies, carrying long-term consequences that extend well beyond license status.

## Administrative License Revocation And CDL Disqualification

Separate from the criminal case, a CDL driver faces administrative penalties through the Texas Department of Public Safety. A failed or refused breath or blood test can trigger an Administrative License Revocation process. This process moves quickly, and strict deadlines apply. Missing a deadline can result in automatic suspension.

For CDL holders, the stakes are higher. A first DWI-related event can lead to a one-year CDL disqualification. A second event can result in a lifetime disqualification. These penalties apply even if the criminal case is later reduced or dismissed, which is why the administrative side of the case requires immediate attention.

## How A DWI Arrest Can Affect Employment And Federal Reporting

Commercial drivers are subject to federal reporting requirements under the Federal Motor Carrier Safety Administration. Employers are required to review driving records and may be obligated to take action after a DWI arrest or conviction. Many companies enforce zero-tolerance policies that can lead to termination before a case is resolved.

In addition, drivers may be required to complete substance abuse evaluations and return-to-duty testing before resuming work. These requirements can be costly and time-consuming, and they often remain part of a driver’s record long after the court case ends.

### Common Evidence Issues In CDL DWI Cases

DWI cases rely heavily on evidence collected during the traffic stop and arrest. For CDL drivers, small errors can make a critical difference. We routinely examine whether the stop was lawful, whether field sobriety tests were properly administered, and whether breath or blood testing complied with Texas regulations.

Commercial drivers are often fatigued, stressed, or working irregular hours, which can mimic signs of intoxication. Medical conditions, prescription medications, and equipment issues can also affect test results. Challenging these issues is essential to protecting both freedom and career.

### Defense Strategies Focused On Career Protection

Every CDL DWI case requires a defense plan that looks beyond fines and jail exposure. The primary goal is to protect the commercial license whenever possible. That may involve contesting the legality of the stop, suppressing evidence, or negotiating for reduced charges that do not trigger mandatory CDL disqualification.

We also focus on the administrative hearing process, which can be the difference between staying on the road and losing the ability to work. Coordinating the criminal defense with the license defense is critical and often overlooked by drivers who wait too long to act.

### What CDL Drivers Should Do Immediately After An Arrest

Time matters in CDL DWI cases. A driver should document everything remembered about the stop, testing, and arrest while details are fresh. Employer notification obligations should be reviewed carefully to avoid additional violations. Most importantly, legal counsel should be involved immediately to protect deadlines and preserve evidence.

Waiting to see what happens is rarely a safe option. By the time a court date arrives, critical opportunities to challenge license action may already be lost.

## Frequently Asked Questions About CDL DWI Arrests In Texas

### Can A CDL Be Suspended For A DWI In A Personal Vehicle?

Yes. Texas law allows CDL disqualification even when the alleged DWI occurred in a non-commercial vehicle. Many drivers assume their license is safe if they are off duty, but that assumption is often wrong. A single arrest can trigger both criminal and administrative penalties that affect commercial driving privileges.

### What Is The Legal Alcohol Limit For CDL Drivers In Texas?

While operating a commercial motor vehicle, the threshold is 0.04 percent. This lower standard reflects the increased responsibility placed on commercial drivers. Even a reading below the standard 0.08 percent limit can result in serious consequences.

### Does Refusing A Breath Or Blood Test Help A CDL Driver?

Refusal can prevent certain test results from being used, but it also triggers automatic administrative penalties. For CDL drivers, a refusal can still lead to disqualification. Whether refusal helps or hurts depends on the facts of the case and should be evaluated carefully.

### How Long Does A CDL Disqualification Last After A DWI?

A first DWI-related event typically results in a one-year disqualification. A second event can result in a lifetime ban. These penalties apply regardless of whether the offense occurred in a commercial vehicle.

### Can A CDL DWI Case Be Dismissed?

Yes. Like any criminal case, a CDL DWI charge can be dismissed if the evidence is insufficient or if constitutional violations occurred. Dismissal can be critical to preserving a career, but it requires aggressive defense from the start.

### Will My Employer Find Out About A DWI Arrest?

In many cases, yes. Federal and employer reporting requirements often apply. Failing to report when required can create additional problems, including termination.

### Can A CDL Driver Get An Occupational License?

An occupational license may allow limited driving for non-commercial purposes, but it does not restore commercial driving privileges. This distinction is important for drivers trying to maintain employment.

### Are Field Sobriety Tests Reliable For CDL Drivers?

Field sobriety tests are subjective and can be affected by fatigue, medical conditions, and work-related stress. These factors are common among commercial drivers and can be used to challenge the reliability of test results.

### How Fast Do I Need To Request An ALR Hearing?

The deadline is short. A request must typically be made within days of arrest. Missing the deadline can result in automatic suspension without a hearing.

### Can A Reduced Charge Save A CDL?

In some cases, yes. Negotiating for a charge that does not trigger mandatory CDL disqualification can protect a driver’s ability to work. This requires careful handling and early involvement.

## Call Mark Diaz & Associates For CDL DWI Defense In Galveston And Houston

A CDL DWI arrest does not have to end a career. The steps taken in the first days after an arrest can shape the outcome for years to come. At Mark Diaz & Associates, we focus on protecting commercial drivers from unnecessary and permanent damage.

When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If you were arrested for DWI and are worried about losing your CDL license, contact our [Galveston DWI defense lawyer](/dwi-charges/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [receive your free consultation](/landing-form/).

**Categories:** DWI Attorney

---

### [How A Galveston DWI Conviction Can Affect Your Medical License](https://texascriminaljustice.com/how-a-galveston-dwi-conviction-can-affect-your-medical-license/)

**Published:** February 5, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Refuse breathalizer, DWI, DUI, DWI defense lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/04/Refuse-breathalizer-DWI-DUI-DWI-defense-lawyer.jpg "Refuse breathalizer, DWI, DUI, DWI defense lawyer")

A DWI arrest in Galveston creates two parallel problems for physicians. One is the criminal case under Texas law. The other is the professional licensing issue that can follow quickly and quietly, sometimes before the court case ends. Many doctors assume that a first DWI is a traffic matter that stays in criminal court. That assumption is often wrong. Licensing boards treat alcohol-related arrests as potential patient-safety issues, even when no one was hurt. What happens in the days and weeks after the arrest can shape both outcomes.

We represent physicians who practice in [Galveston County](https://www.galvestoncountytx.gov/) and across the Houston area. We see how a single arrest can trigger reporting duties, board scrutiny, and employment consequences. The stakes are high because medical licenses are privileges that must be protected through careful decisions and disciplined defense work. Below, we explain how [Texas DWI law](https://www.txdot.gov/safety/driving-laws/impaired-driving.html) intersects with medical licensing rules, what boards look for, and how to protect your record and your career.

## Understanding Texas DWI Law And Why It Matters To Physicians

Under Texas law, driving while intoxicated is defined by impairment or a blood or breath alcohol concentration of 0.08 or higher. The core statute is [Texas Penal Code § 49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/), which covers basic DWI offenses. Penalties escalate with prior convictions, high alcohol levels, and aggravating factors such as accidents or minors in the vehicle. Even a first offense can involve arrest, license suspension, fines, and probation.

For physicians, the legal standard is only the starting point. Boards and hospitals review the underlying conduct, not just the final charge. They look at whether alcohol use raises questions about judgment, safety, or compliance with professional standards. A reduction to a lesser offense does not always end board interest. The facts in the police report often matter as much as the plea.

### Why Medical Licensing Boards Scrutinize DWI Arrests

Medical boards exist to protect patients. Alcohol-related offenses are treated as possible indicators of impairment or substance misuse. A DWI arrest can trigger a duty to self-report depending on timing and outcome. Even when reporting is not immediately required, boards may learn of the case through background checks, hospital credentialing, or mandatory reporting by employers.

In Texas, physicians are regulated by the Texas Medical Board. The Board has the authority to investigate conduct that may affect the practice of medicine. That authority includes arrests and convictions involving alcohol when they suggest risk to patients or failure to meet professional standards.

### Criminal Case Outcomes That Raise Red Flags With The Board

Certain outcomes draw more attention than others:

- **Convictions for DWI or related offenses.** A conviction is a clear trigger for review.
- **High alcohol concentration findings.** Elevated numbers suggest greater concern about impairment.
- **Repeat alcohol-related incidents.** Patterns matter more than isolated events.
- **Probation violations or noncompliance.** Missed classes, failed tests, or new arrests can escalate discipline.
- **Aggravating facts.** Accidents, injuries, or possession of open containers increase scrutiny.

Even dismissals can lead to questions if the underlying facts suggest ongoing risk. Boards may ask for evaluations, testing, or monitoring regardless of the court outcome.

### Reporting Obligations And Timing Under Texas Rules

Physicians often ask when and what to report. The answer depends on the stage of the case and the specific board rules in effect at the time. Some events require reporting within a defined window after conviction or deferred disposition. Others may arise during license renewal or hospital credentialing.

Late or incomplete reporting can be treated as a separate problem. Boards expect accuracy and timeliness. Misstatements, omissions, or attempts to minimize the event can be viewed as honesty issues, which complicate defense efforts.

### Possible Disciplinary Actions Against A Medical License

Board responses vary by facts and history. Outcomes may include:

- Administrative warnings or reprimands
- Fines and costs
- Required substance use evaluations
- Mandatory counseling, education, or monitoring
- Practice restrictions
- Suspension or revocation in severe cases

Many cases resolve with agreed orders that impose conditions for a set period. The terms matter. Monitoring requirements can be expensive and intrusive, and they can affect hospital privileges and insurance participation.

### How A DWI Can Affect Hospital Privileges And Employment

Hospitals and medical groups conduct their own reviews. Credentialing committees may require disclosure of arrests and convictions. A pending case can delay privileges. An adverse board action can trigger peer review or contract consequences. Insurers and payors may also ask questions.

For physicians in Galveston and throughout Houston, these downstream effects can be as damaging as the criminal penalties themselves. Coordinated defense is essential to manage disclosures and protect professional standing.

### Why Early Defense Decisions Matter

What happens at the roadside, at the station, and in the first court settings shapes everything that follows. Choices about testing, statements, and compliance affect the criminal case and the licensing review. Early missteps can create records that are hard to correct later.

We approach DWI defense with the license in mind. That means examining the stop, the arrest, testing procedures, and officer conduct under Texas law. It also means planning for board questions and documentation from the outset.

### Strategic Considerations For Physicians Facing DWI Charges

A physician’s defense must be precise:

- **Manage alcohol evaluations carefully.** Independent evaluations may be appropriate before board demands.
- **Coordinate disclosures.** Timing and wording matter.
- **Avoid compounding issues.** Full compliance with court orders reduces the risk of harsher board action.
- **Protect confidentiality where possible.** Limit unnecessary dissemination of sensitive information.

The goal is not only a favorable court result, but also a licensing outcome that allows continued practice.

## FAQs About DWI Charges And Medical Licenses In Texas

### Can A First DWI Really Affect A Medical License?

Yes. A first DWI can affect a medical license even when it is a misdemeanor. Boards assess whether alcohol use raises safety concerns. They look at the facts, not just the charge level. A clean record helps, but it does not guarantee that the matter ends with the criminal court.

### Do Physicians Have To Report A DWI Arrest Or Only A Conviction?

Reporting duties vary. Some rules focus on convictions or deferred dispositions, while others arise during renewal or credentialing. Physicians should confirm current requirements and avoid guessing. Late reporting can create additional problems beyond the DWI itself.

### What If The DWI Is Dismissed Or Reduced?

Dismissals and reductions help, but they do not always stop board inquiries. Boards may review police reports and ask for explanations. Clear documentation and consistent statements are important when explaining the outcome.

### Can The Board Order Drug Or Alcohol Testing Without A Conviction?

Yes. The Board has the authority to request evaluations or testing if it believes there is a risk to patient safety. These orders can occur during an investigation, even before a criminal case ends.

### Will A DWI Automatically Lead To Suspension?

No. Suspension is not automatic. Many cases resolve with lesser measures such as monitoring or education. Outcomes depend on the facts, history, and how the case is handled from the start.

### How Long Do Board Actions Stay On A Record?

Administrative actions can remain visible for years and may be reportable to hospitals and insurers. The duration depends on the type of action and the terms of any agreed order.

### Can A Physician Continue Practicing During A Board Investigation?

Often yes, but conditions may apply. Some investigations allow continued practice without restrictions. Others impose limits or monitoring. Compliance with all requirements is critical.

### Does Refusing A Breath Or Blood Test Make Things Worse With The Board?

Refusals have consequences under Texas implied consent laws and can complicate the criminal case. Boards may view refusals as concerning depending on the context. Each case requires individualized analysis.

### How Do Prior Alcohol-Related Issues Change The Picture?

Prior incidents increase scrutiny and risk of stronger sanctions. Patterns matter. Demonstrated compliance and credible evaluations can mitigate concerns, but prior history raises the stakes.

### Can Early Legal Help Reduce Licensing Consequences?

Yes. Early coordination between the criminal defense and licensing strategy often reduces risk. Decisions made early affect the records the Board later reviews.

## Call Mark Diaz For A Free Consultation

If a DWI arrest threatens your medical license, timing matters. At Mark Diaz & Associates, we defend physicians in Galveston and throughout Texas, including the Houston area. When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours.

You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible. Contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/).

**Categories:** DWI Attorney

---

### [Arrested For DWI In Galveston? Your First 72 Hours And How A Lawyer Can Help](https://texascriminaljustice.com/arrested-for-dwi-in-galveston-your-first-72-hours-and-how-a-lawyer-can-help/)

**Published:** February 7, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![TwoPoliceVehiclesStopASedanOnARoutineTraffic](https://texascriminaljustice.com/wp-content/uploads/2026/02/arrested-for-DWI.jpg "TwoPoliceVehiclesStopASedanOnARoutineTraffic")

Being arrested for DWI in Galveston is overwhelming, confusing, and frightening, especially during the first few days after release. Many people feel pressure from law enforcement, fear about their license, and uncertainty about what comes next in court.

The decisions made in the first 72 hours often shape the entire case, including whether critical evidence can be challenged or preserved. Texas DWI cases move quickly, and important deadlines can pass before most people understand what is happening. We see this every week in [Galveston County](https://www.galvestoncountytx.gov/) courts, and we know how easily mistakes can occur without guidance.

A DWI arrest does not mean a conviction. Texas law requires the State to prove every element beyond a reasonable doubt, and many cases have weaknesses that are not obvious at first glance. The early stages of the case are where those weaknesses are identified and preserved. That is why the first 72 hours matter more than most people realize.

### What Happens Immediately After A DWI Arrest In Galveston

After a DWI arrest, most people are taken to the Galveston County Jail or a local holding facility. Officers typically conduct chemical testing, fingerprinting, and booking. Property is inventoried, and bond conditions may be set. At this stage, many people assume the criminal case is the only issue, but Texas DWI arrests trigger two separate legal tracks.

The first is the criminal case, which is handled in county court at law or district court, depending on the charge. The second is the administrative license case, which is controlled by the Texas Department of Public Safety. These cases move on different timelines and require different actions.

Texas Transportation Code [§ 724.015 and § 724.035](https://statutes.capitol.texas.gov/getstatute.aspx?Code=TN&Value=724) govern implied consent and license consequences. If a breath or blood test is taken and shows an alcohol concentration of 0.08 or higher, or if testing is refused, the license suspension process begins immediately. The arresting officer issues a temporary driving permit, and the clock starts running.

This is one of the most common points where people lose important rights simply by waiting too long.

### The First 24 Hours After Release Matter More Than Most People Think

The first day after release is often spent dealing with shock, embarrassment, and logistical problems like retrieving a vehicle or explaining the arrest to family. From a legal standpoint, this is also when evidence begins to disappear.

Video footage from patrol cars, body cameras, jail booking areas, and nearby businesses may only be retained for a short period. Dispatch logs and breath machine records can be overwritten. Witness memories fade quickly. Texas law does not require the State to preserve every piece of potential evidence unless it is properly requested.

This is why early legal involvement matters. Steps taken in the first 24 hours can determine whether critical evidence is available later. Waiting until the first court date often means those opportunities are gone.

### The 15-Day Deadline That Can Cost A Driver’s License

One of the most serious consequences of a DWI arrest in Texas happens quietly. Under [Texas Transportation Code § 524.031](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=TN&Value=524.031), a person has 15 days from the date of arrest to request an Administrative License Revocation hearing. If no request is made, the license suspension begins automatically.

This suspension is separate from any criminal outcome. Even if the DWI charge is later reduced or dismissed, the license can still be suspended if the administrative case is lost by default.

At the ALR hearing, the State must show that the officer had reasonable suspicion to stop the vehicle, probable cause to arrest, and proper grounds for requesting a breath or blood test. These hearings also allow sworn testimony from the arresting officer, which can later be used in the criminal case.

Missing this deadline is one of the most common and damaging mistakes people make after a DWI arrest.

### Understanding The Criminal DWI Charge Under Texas Law

[Texas Penal Code § 49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/) defines Driving While Intoxicated. Intoxication can be alleged in two ways: loss of normal mental or physical faculties due to alcohol or drugs, or having an alcohol concentration of 0.08 or more.

The charge level depends on factors such as prior convictions, the presence of a child passenger, or whether an accident occurred. Even a first offense carries serious consequences, including jail exposure, fines, probation, ignition interlock requirements, and lasting record effects.

What many people do not realize is that chemical test results are not required for a conviction. The State can rely on officer observations, field sobriety testing, and video evidence. That also means those areas are often where cases can be challenged.

### How Police Investigations Are Challenged In The Early Stages

Every DWI case begins with a traffic stop or contact. Texas law requires reasonable suspicion for the stop and probable cause for arrest. These standards are not technicalities. If they are not met, evidence can be excluded.

Field sobriety tests must be administered correctly and under appropriate conditions. Roadside environments, injuries, footwear, lighting, and officer instructions all matter. Breath and blood testing must comply with strict procedures, including maintenance records, operator certification, and chain of custody.

Early legal review allows these issues to be identified before positions harden and evidence disappears. By the time a case reaches trial settings, many of these challenges are already locked in.

### Bond Conditions And What Can Go Wrong In The First 72 Hours

After release, most people are subject to bond conditions. These often include restrictions on alcohol use, travel limitations, ignition interlock requirements, or mandatory reporting. Violating bond conditions can result in re-arrest and additional charges.

Texas Code of Criminal Procedure Article 17.44 allows courts to impose conditions reasonably related to community safety. Understanding these conditions immediately is critical. Many violations occur simply because people misunderstand what is required of them.

We routinely see bond issues complicate cases that were otherwise defensible.

### Why Waiting To Hire A Lawyer Can Harm A DWI Defense

Many people assume they should wait to see what happens or attend the first court date before hiring counsel. In Texas DWI cases, that delay often closes doors.

Evidence preservation requests, license hearing requests, and early investigation cannot be undone later. Prosecutors also begin building their case immediately, and early silence does not stop that process.

Legal representation early in the process allows the case to be shaped, not just reacted to.

### How We Help During The First 72 Hours After A Galveston DWI Arrest

During the first three days, our focus is on protecting rights, preserving evidence, and controlling the direction of the case. That includes requesting ALR hearings, issuing evidence preservation notices, reviewing arrest reports and videos, and advising on bond compliance.

We also explain what to expect next, which reduces anxiety and prevents mistakes. Clear communication during this period often makes the difference between a manageable outcome and long-term damage.

### Long-Term Consequences That Start Immediately After Arrest

A DWI arrest can affect employment, professional licenses, insurance, and future background checks. Even before a conviction, the arrest itself can create problems.

Texas does not automatically seal or expunge DWI cases, and timing matters. Early legal planning can preserve future options that disappear once a case is mishandled.

## Frequently Asked Questions About DWI Arrests In Galveston

### What Should Be Done First After Being Released From Jail For DWI In Galveston?

The first step should be understanding deadlines and restrictions. Texas DWI arrests trigger administrative license consequences immediately. There is only a short window to request a hearing to challenge a suspension. At the same time, bond conditions must be followed exactly to avoid additional problems. Many people focus on court dates weeks away and miss actions required within days. Early attention prevents avoidable damage.

### Can A DWI Case Still Be Defended If A Breath Or Blood Test Was Over The Legal Limit?

Yes. Chemical test results are not automatically decisive. Testing procedures, machine calibration, operator training, and sample handling all matter. Blood testing introduces additional issues related to collection, storage, and laboratory analysis. Results can be challenged, limited, or excluded depending on the facts. Many strong defenses begin with a close review of testing evidence.

### What Happens If The Administrative License Revocation Hearing Is Missed?

If no hearing is requested within the deadline, the license suspension begins automatically. This suspension proceeds regardless of the criminal case outcome. Once the deadline passes, the opportunity to challenge the stop and arrest in that forum is lost. This is one of the most common and costly mistakes after a DWI arrest.

### Will A First DWI Automatically Result In Jail Time In Texas?

Not necessarily. Texas law allows a range of outcomes depending on the circumstances. Prior history, test results, and case facts all influence sentencing exposure. Many first-offense cases resolve without jail, but outcomes depend heavily on how the case is handled from the beginning.

### Can A DWI Be Reduced Or Dismissed In Galveston County?

Some cases can be reduced or dismissed depending on evidentiary issues, legal challenges, and prosecutorial discretion. There are no guarantees, but early identification of weaknesses improves leverage and options. Each case is fact-specific and should be evaluated individually.

### How Long Does A DWI Case Usually Take In Galveston?

DWI cases can take several months to over a year, depending on complexity, court schedules, and contested issues. Administrative license cases move faster. Understanding the timeline early helps with planning and expectations.

### Should Statements Be Given To Police After Release?

Any statements given after arrest can still be used in the case. Many people believe the critical moment has passed once released, but investigations often continue. Speaking without guidance can create new issues. Silence is often misunderstood but legally protected.

### What Are Common Bond Conditions In Galveston DWI Cases?

Bond conditions may include alcohol restrictions, ignition interlock use, travel limits, and reporting requirements. Violations can lead to arrest and bond revocation. Clarifying these conditions early avoids accidental violations.

### Can A DWI Arrest Affect Employment Even Without A Conviction?

Yes. Many employers run background checks that show arrests. Professional licenses may require disclosure. Addressing these issues early helps minimize disruption and plan responses.

### Is It Possible To Drive While A DWI Case Is Pending?

Temporary driving permits are often issued after an arrest. Continued driving depends on administrative actions, court orders, and compliance with conditions. Understanding these rules prevents unintentional violations.

## Call Mark Diaz & Associates For Representation After A Galveston DWI Arrest

If a DWI arrest has just occurred, the next steps matter. At Mark Diaz & Associates, we handle DWI cases in Galveston and throughout the city of Houston, Texas. When clients hire us, they work directly with us. Clients have personal cell phone access because questions, emergencies, and concerns do not always happen during business hours. No one is handed off to a junior associate or lost in a system where cases pile up on crowded dockets. From arrest through resolution, we remain personally involved and accessible.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** DWI Attorney

---

### [What A Galveston DWI Defense Lawyer Can Do Before You Ever Step Into Court](https://texascriminaljustice.com/what-a-galveston-dwi-defense-lawyer-can-do-before-you-ever-step-into-court/)

**Published:** February 9, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![HandcuffsWhiskeyAndKeysOnTopOfFingerPrints](https://texascriminaljustice.com/wp-content/uploads/2026/02/What-A-Galveston-DWI-Defense-Lawyer-Can-Do.jpg "HandcuffsWhiskeyAndKeysOnTopOfFingerPrints")

A DWI arrest in Galveston can turn life upside down in a matter of minutes. The stop happens quickly, but the consequences can last for years if the case is not handled correctly from the start. Before a judge ever calls a case number, there is critical legal work that can shape whether charges are reduced, evidence is excluded, or a case is dismissed outright. That early phase is where careful preparation often makes the biggest difference.

From the moment an arrest occurs, deadlines begin running under Texas law. Administrative license suspension proceedings, evidence preservation, and constitutional challenges all arise well before the first court appearance. Waiting for the court to act usually puts the defense on the back foot. Effective DWI defense begins immediately, often within hours of release from jail.

We approach DWI cases with the understanding that every step taken before court influences the outcome. Police reports, body camera footage, breath or blood testing records, and jail procedures all require early review. Texas criminal law provides clear rules on how stops, searches, and arrests must be handled, and early investigation is how violations are identified and preserved.

This discussion explains what meaningful DWI defense work looks like before court in [Galveston County](https://www.galvestoncountytx.gov/). It focuses on how Texas statutes, constitutional protections, and local procedures intersect long before a judge ever hears the case.

## Understanding The Stakes Of A Texas DWI Charge

A DWI in Texas is defined by [Texas Penal Code § 49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/), which makes it an offense to operate a motor vehicle in a public place while intoxicated. Intoxication can be based on a blood alcohol concentration of 0.08 or higher, or on the loss of normal mental or physical faculties due to alcohol, drugs, or a combination of substances. Even a first offense carries serious consequences. Potential penalties include jail time, fines, probation, license suspension, and mandatory education programs. Enhancements apply if there is a high alcohol concentration, a prior conviction, or an accident with injuries. These penalties are only part of the picture. A DWI arrest can affect employment, professional licenses, and insurance long before a conviction ever occurs.

Because the risks are so high, early defense work is not optional. Texas law gives law enforcement wide authority, but it also sets firm limits. Identifying where officers crossed those limits requires immediate and focused action.

### Evaluating The Legality Of The Traffic Stop

Every DWI case begins with a traffic stop. Under both the United States Constitution and Texas law, officers must have reasonable suspicion to stop a vehicle. This means specific, articulable facts suggesting a traffic violation or criminal activity. A vague hunch is not enough.

Before court, we analyze the stated reason for the stop using dash camera footage, body camera recordings, and police reports. Many DWI cases involve stops based on alleged lane violations, speed changes, or equipment issues. Texas courts have repeatedly held that minor or momentary deviations do not always justify a stop.

If the stop lacked legal justification, any evidence obtained afterward may be excluded under [Texas Code of Criminal Procedure Article 38.23](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=38.23), which prohibits the use of illegally obtained evidence. Raising that issue early allows time to prepare and file a motion to suppress before court hearings begin.

### Reviewing Field Sobriety Testing Procedures

Field sobriety tests are a central part of most DWI arrests, but they are often misunderstood by the public. These tests are not pass or fail in the way many people assume. They are subjective assessments that must follow standardized procedures.

Before court, we review video footage to evaluate how the tests were explained, demonstrated, and administered. The standardized tests recognized by the National Highway Traffic Safety Administration include the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. Deviations from proper protocol can undermine the reliability of the results.

We also consider environmental factors such as uneven pavement, lighting, weather conditions, and footwear. Medical conditions, age, and injuries can all affect performance. These issues must be documented early so they can be supported by evidence and testimony later.

### Challenging Probable Cause For Arrest

An officer must have probable cause to make a DWI arrest. Probable cause requires more than suspicion and less than proof beyond a reasonable doubt, but it still must be grounded in facts. Before court, we examine whether the officer had enough reliable information to justify the arrest decision.

Probable cause assessments often rely on officer observations such as odor of alcohol, bloodshot eyes, or speech patterns. These observations are subjective and frequently overstated in reports. Early review of body camera footage often tells a more accurate story than written narratives.

If probable cause was lacking, the arrest itself may be unlawful. That issue can affect the admissibility of subsequent breath or blood evidence and may form the basis for suppression motions under Texas law.

### Protecting Driving Privileges Through The ALR Process

One of the most time-sensitive issues after a DWI arrest is the administrative license revocation process. Under [Texas Transportation Code Chapter 524](https://statutes.capitol.texas.gov/getstatute.aspx?Code=TN&Value=524), a driver has a limited window, typically fifteen days, to request a hearing to challenge the suspension of driving privileges.

This process is separate from the criminal case and occurs before a judge from the State Office of Administrative Hearings. Before court, we request and prepare for this hearing. It provides an opportunity to question the arresting officer under oath and obtain testimony that can later be used in the criminal case.

Even if a license suspension is upheld, the ALR hearing preserves important evidence and locks in officer statements early. Skipping this step forfeits a valuable defensive tool.

### Examining Breath And Blood Testing Evidence

Chemical testing is often viewed as conclusive, but Texas law imposes strict requirements on how breath and blood samples are collected, handled, and analyzed. Before court, we obtain maintenance records for breath testing machines, certifications for operators, and chain of custody documentation.

For blood tests, issues often arise with search warrants, consent, and laboratory procedures. Texas courts have scrutinized blood draw warrants that rely on boilerplate language rather than individualized facts. Improper warrants can render blood evidence inadmissible.

We also evaluate whether testing occurred within a reasonable time of driving and whether rising blood alcohol levels could explain results. These technical issues require early attention to ensure proper challenges are raised.

### Preserving And Analyzing Video Evidence

Video evidence is often the most objective part of a DWI case, but it can also be lost if not requested promptly. Before court, we take steps to preserve dash camera, body camera, and jail intake footage.

Video frequently contradicts written police reports. It may show clear speech, stable balance, and cooperative behavior that undermines claims of intoxication. It can also reveal improper questioning or failure to read statutory warnings required by Texas law.

Early review allows time to identify favorable segments and prepare them for use in motions and hearings.

### Identifying Constitutional Violations Early

Texas DWI cases often involve constitutional issues related to searches, seizures, and self-incrimination. Before court, we review whether roadside questioning crossed the line into custodial interrogation without required warnings.

We also assess whether consent to testing was truly voluntary and whether any coercive tactics were used. Violations of constitutional rights can lead to suppression of evidence, but only if they are properly raised and supported.

Addressing these issues early ensures they are not waived and allows for a focused defense strategy.

### Coordinating With Prosecutors Before Court

Early defense work includes communication with prosecutors when appropriate. Providing mitigating information, highlighting evidentiary weaknesses, and clarifying legal issues before court appearances can influence charging decisions.

This does not mean conceding guilt. It means presenting a clear picture of the case strengths and weaknesses so decisions are based on facts rather than assumptions. Timing matters, and early engagement often leads to better outcomes.

## Frequently Asked Questions About Early DWI Defense

### What Happens Immediately After A DWI Arrest In Galveston?

After release from custody, deadlines begin running for license suspension challenges and evidence preservation. The criminal case may not be set for court for weeks, but legal rights can be lost much sooner. Early action protects those rights and ensures important evidence is not destroyed or overwritten.

### Can A DWI Case Be Fought Before The First Court Date?

Yes. Many of the most important defense steps occur before any court appearance. These include challenging the stop, requesting ALR hearings, preserving video, and analyzing testing procedures. Waiting until court often limits available options.

### Why Is The License Suspension Process Separate From The Criminal Case?

Texas law treats driving privileges as an administrative matter. The ALR process focuses on whether statutory requirements were met during the arrest. Although separate, testimony from these hearings can directly affect the criminal case.

### How Important Is Body Camera Footage In A DWI Case?

Body camera footage often provides the most reliable account of events. It can confirm or contradict officer observations and reveal whether procedures were followed correctly. Early access is critical because footage is not retained indefinitely.

### Can Breath Test Results Be Challenged Under Texas Law?

Yes. Breath testing machines require regular maintenance and calibration. Operators must be properly certified. Any deviation from required standards can affect admissibility and reliability.

### What If A Blood Test Was Taken Without Consent?

Blood tests generally require a valid warrant or recognized exception. Improper warrants or coercive circumstances can render results inadmissible. These issues must be reviewed carefully before court.

### Does A DWI Arrest Automatically Mean A Conviction?

No. An arrest is not proof of guilt. The State must prove every element of the offense beyond a reasonable doubt. Effective early defense work can expose weaknesses in the State’s case.

### Can Early Defense Work Reduce Charges Or Penalties?

In some cases, early presentation of legal or factual issues can lead to reduced charges or alternative resolutions. Each case depends on its specific facts and evidence.

### What Role Do Field Sobriety Tests Really Play?

Field sobriety tests are subjective and affected by many non-alcohol-related factors. Their value depends on how they were administered and documented. Video review is essential.

### Is It Possible To Suppress Evidence In A DWI Case?

Yes. Evidence obtained in violation of Texas law or constitutional protections may be excluded. Suppression motions require early investigation and careful preparation.

## Call To Action For DWI Defense In Galveston And Houston

If a DWI arrest has occurred in Galveston or anywhere in the Houston area, early legal action matters. Mark Diaz & Associates represents individuals facing DWI charges in Galveston and throughout the City of Houston, Texas.

When clients hire our firm, they work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. No one is handed off to a junior associate or lost in a system where a case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

To discuss a DWI case and understand what can be done before court ever begins, contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** DWI Attorney

---

### [Facing A Second Or Third DWI In Galveston County? Why You Need An Attorney Immediately](https://texascriminaljustice.com/facing-a-second-or-third-dwi-in-galveston-county-why-you-need-an-attorney-immediately/)

**Published:** February 20, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-3-What-To-Never-Do-If-Pulled-Over-For-DWI._October-2022.jpg "DWI")

A second or third DWI arrest in [Galveston County](https://www.galvestoncountytx.gov/) changes everything. The stakes rise fast, penalties increase sharply, and prosecutors treat repeat allegations far more seriously than a first-time case. Many people assume they can handle the situation the same way they did before, but that assumption often leads to harsher outcomes. We see it every week in Galveston County courts. Prior convictions, even from years ago, give the State leverage, and mistakes made early can follow a case all the way to sentencing.

When someone is arrested again for DWI, the process begins immediately. Bond conditions, license consequences, and charging decisions can unfold within days. Evidence that might seem minor at first, such as roadside statements or blood draw procedures, can become central issues later. Timing matters, and delay can cost options. That is why we take immediate action when a client calls after a second or third DWI arrest.

We represent people across Galveston County and throughout Houston who are facing repeat DWI charges. Our role is to protect your rights, challenge the State’s case, and work toward the best possible outcome under Texas law. This page explains why repeat DWI cases are different, what Texas law allows prosecutors to pursue, and why getting counsel involved right away can change the direction of a case.

## Why Second And Third DWI Charges Are Treated More Seriously In Texas

Texas law increases both the classification of the offense and the available penalties when someone is accused of driving while intoxicated more than once. Under [Texas Penal Code §49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/), a first DWI is typically a Class B misdemeanor. Once there is a prior conviction, the State no longer treats the case as routine.

A second DWI is generally charged as a Class A misdemeanor. That shift alone brings higher fines, longer jail exposure, and more restrictive probation terms. A third DWI is usually charged as a third-degree felony. A felony filing changes where the case is handled, how prosecutors approach it, and the long-term consequences if there is a conviction.

Prosecutors often assume that repeat cases justify jail time. Judges also look more closely at supervision conditions, ignition interlock requirements, and alcohol-related restrictions. The court may view the case through the lens of public safety rather than rehabilitation. That is why it is not enough to hope for leniency. A defense strategy must be built with the enhanced penalties in mind from the start.

### Potential Penalties For A Second DWI In Galveston County

A second DWI conviction carries consequences that go well beyond a fine. Under Texas law, a Class A misdemeanor DWI may result in:

- Jail time ranging from 30 days up to one year
- Fines that can reach $4,000
- A driver’s license suspension of 180 days to two years
- Mandatory ignition interlock device requirements
- Increased insurance costs and long-term driving restrictions

Judges in Galveston County often impose conditions that affect daily life. Travel limitations, frequent reporting, alcohol testing, and counseling requirements can interfere with work and family obligations. Even when probation is available, it is typically stricter than what applies in a first-offense case.

Because prior convictions are an element of the charge, the State must properly prove them. Errors in how a prior DWI is alleged or documented can open the door to challenges. We review prior cases closely, including older convictions from other counties or states, to determine whether they are legally usable for enhancement.

### What Makes A Third DWI A Felony Under Texas Law

A third DWI is a major escalation. In Texas, two prior DWI convictions elevate a new allegation to a third-degree felony. That classification exposes a person to:

- Two to ten years in Texas prison
- Fines of up to $10,000
- Mandatory supervision conditions if probation is granted
- Long-term loss of driving privileges
- A permanent felony record

Felony cases are handled differently from misdemeanors. The rules of evidence, pretrial motions, and sentencing considerations become more complex. Prosecutors often assign more resources to these cases, and the State may push for prison time even when probation is legally available.

Felony DWI cases also increase the importance of early intervention. Decisions made before indictment, including bond conditions and evidence preservation, can affect later outcomes. We often miss opportunities to challenge blood evidence, stop procedures, or challenge prior convictions when a case is not addressed quickly.

### License Suspension And Administrative Consequences After A Repeat DWI Arrest

Separate from the criminal case, Texas uses an administrative process to suspend a driver’s license after a DWI arrest. This process is governed by the [Administrative License Revocation](https://www.dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program) system. For repeat allegations, suspension periods are longer, and relief options are more limited.

A second or third DWI arrest can trigger an automatic suspension if the driver refuses a breath or blood test or if testing shows an alcohol concentration above the legal limit. Deadlines apply, and hearings must be requested promptly. Missing those deadlines can result in months or years without lawful driving privileges.

Even when an occupational license is available, courts often require ignition interlock devices for repeat offenders. These requirements affect work schedules, family transportation, and financial stability. We handle the administrative side of the case alongside the criminal defense to limit disruption wherever possible.

### Common Evidence Issues In Second And Third DWI Cases

Repeat DWI cases often rely on the same types of evidence as first offenses, but the consequences of that evidence are much greater. Key areas we examine include:

- The legality of the traffic stop
- Field sobriety test administration and scoring
- Breath or blood testing procedures
- Chain of custody for blood samples
- Statements made to law enforcement

Blood draw cases, which are common in repeat DWI arrests, raise serious scientific and constitutional questions. Warrants must be valid, medical personnel must follow proper protocols, and laboratories must meet strict standards. Problems in any of these areas can weaken the State’s case.

Because prosecutors expect resistance in repeat cases, they often rely heavily on prior conviction history to pressure defendants. We focus on the current evidence and whether the State can meet its burden under Texas law.

### Why Early Legal Representation Changes The Outcome

The period immediately after a second or third DWI arrest is critical. Evidence is gathered quickly, and decisions made by law enforcement and prosecutors can shape the case before it ever reaches a courtroom. Waiting to act often means accepting the State’s version of events.

When we become involved early, we can preserve evidence, request hearings, and challenge procedures before positions harden. We also advise clients on how to avoid mistakes that could worsen their situation, such as bond violations or ill-advised statements.

Repeat DWI cases require careful planning. Whether the goal is dismissal, reduction, or mitigation, that plan must begin at the start of the case. There is no one-size approach, especially when prior convictions are involved.

## Frequently Asked Questions About Second And Third DWI Charges In Galveston County

### What Makes A Second DWI Different From A First Offense Under Texas Law?

A second DWI is different because the State treats it as a Class A misdemeanor rather than a Class B misdemeanor. That change increases the possible jail time, raises the maximum fine, and often leads to stricter probation terms. Prosecutors also view second offenses as evidence of a pattern rather than a one-time mistake. In Galveston County, judges often impose additional conditions such as ignition interlock devices, alcohol monitoring, and counseling. Prior convictions must be proven properly, and mistakes in how they are used can affect the case. Because the consequences are more severe, the defense approach must account for enhanced penalties from the outset.

### Can A Third DWI Really Lead To Prison Time In Texas?

Yes. A third DWI is typically charged as a third-degree felony, which carries a prison range of two to ten years. While probation may be available in some cases, prosecutors often argue for incarceration, especially if prior cases involved accidents or high alcohol levels. Courts consider public safety heavily in these cases. That does not mean prison is automatic, but it does mean the risk is real. Effective defense work focuses on the evidence, prior conviction issues, and sentencing options allowed by law.

### Do Prior DWI Convictions From Other States Count In Texas?

Out-of-state DWI convictions can sometimes be used to enhance a Texas DWI charge, but only if they meet specific legal requirements. The prior offense must be substantially similar to a Texas DWI. Records must be properly authenticated, and the State must show that the conviction qualifies for enhancement. We review prior cases carefully to determine whether they can legally be used. In some situations, a prior conviction may not meet Texas standards, which can affect the level of the charge.

### Will I Lose My Driver’s License After A Second Or Third DWI Arrest?

A repeat DWI arrest can trigger both administrative and court-ordered license suspensions. These suspensions can last months or years, depending on the circumstances. Refusing a test or having a high alcohol reading often leads to longer suspension periods. An occupational license may be possible, but courts frequently require ignition interlock devices for repeat cases. Deadlines apply, and missing them can limit options. Addressing license issues early is important to maintain work and family responsibilities.

### Are Blood Tests Always Reliable In Repeat DWI Cases?

Blood tests are often treated as strong evidence, but they are not immune to problems. Issues can arise with how the blood was drawn, stored, transported, and tested. Warrants must be valid, and laboratories must follow strict procedures. Contamination, improper calibration, or chain of custody errors can affect reliability. In repeat DWI cases, blood evidence is common, and it deserves close scrutiny. Challenging flawed testing can change the direction of a case.

### Does A Second Or Third DWI Automatically Mean Jail Time?

No, jail time is not automatic, but the risk increases significantly with each prior conviction. Judges and prosecutors often consider repeat offenses as justification for confinement. That said, outcomes depend on many factors, including the strength of the evidence, the circumstances of the arrest, and the handling of prior convictions. A well-prepared defense can influence whether probation, treatment-focused options, or reduced penalties are considered.

### How Long Does A Felony DWI Case Take In Galveston County?

Felony DWI cases often take longer than misdemeanor cases because of the additional procedures involved. Indictment, pretrial motions, and evidence review can extend the timeline. While some cases resolve within months, others take a year or more. During that time, bond conditions and supervision requirements may apply. Understanding the process helps clients prepare for the length and demands of the case.

### Can A Third DWI Be Reduced To A Misdemeanor?

Reduction is not guaranteed, but it may be possible depending on the facts. Issues with prior convictions, evidence problems, or procedural errors can affect how a case is charged. Negotiations with prosecutors depend heavily on the strength of the State’s case and the legal defenses available. Early involvement allows more opportunities to address these issues before positions become fixed.

### What Happens If I Was On Probation When I Was Arrested Again?

An arrest for a new DWI while on probation can trigger a probation violation. That violation is a separate legal issue and can result in additional penalties, including revocation of probation and jail or prison time. Handling both matters together requires coordination and careful planning. Ignoring one case while focusing on the other can lead to serious consequences.

### Why Is It Important To Act Quickly After A Repeat DWI Arrest?

Time matters in repeat DWI cases. Evidence can be lost, deadlines can pass, and decisions made early can shape the entire case. Administrative license hearings, bond conditions, and evidence preservation all require prompt attention. Acting quickly allows for a proactive defense rather than a reactive one. Waiting often limits options that could have been available earlier.

## Call Mark Diaz & Associates For Immediate Help With A Second Or Third DWI

If you are facing a second or third DWI in Galveston County or anywhere in Houston, Texas, the situation requires immediate attention. These cases carry serious criminal and personal consequences, and delay can cost opportunities to protect your rights.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients throughout Galveston and across Houston, Texas. When you hire us, you work directly with us.

*When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.*

**A second or third DWI charge is not the time to wait and see. Call now and get clear answers about your options under Texas law.**

**Categories:** DWI Attorney

---

### [What Are The Penalties For A 2nd DWI In Texas?](https://texascriminaljustice.com/what-are-the-penalties-for-a-2nd-dwi-in-texas/)

**Published:** February 4, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-3-What-To-Never-Do-If-Pulled-Over-For-DWI._October-2022.jpg "DWI")

A second DWI charge in Texas is a serious matter with consequences that can follow you for years. Many people assume that because they handled their [first DWI](/will-you-go-to-jail-after-a-first-time-dwi-in-galveston/), a second offense will be similar. That assumption is often costly. Texas law treats repeat DWI charges far more harshly, both in the courtroom and at the administrative level with your driver’s license.

A second DWI is no longer viewed as a lapse in judgment. Prosecutors and judges often see it as a pattern, which means increased penalties, longer license suspensions, higher fines, and a greater risk of jail time. The case also becomes more difficult to defend because the prior conviction changes how evidence is presented and how negotiations unfold.

We have represented individuals throughout Galveston and Houston who were shocked by how quickly a second DWI escalated. Understanding what Texas law allows, what the state must prove, and what is truly at stake is the first step toward protecting your future.

Below, we explain how Texas law defines a second DWI, the penalties involved, how prior convictions affect your case, and why early defense strategy matters.

## How Texas Law Defines A Second DWI Offense

Under [Texas Penal Code § 49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/), a person commits Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated. Intoxication can be shown by loss of normal mental or physical faculties due to alcohol, drugs, or a combination of substances, or by having a blood alcohol concentration of 0.08 or higher.

A second DWI occurs when a person has one prior DWI conviction or qualifying offense on their record. Texas does not impose a strict look-back period. A prior DWI from many years ago can still be used to enhance the charge.

Prior offenses that may count include:

- A previous DWI conviction
- Certain out-of-state DWI convictions
- Deferred adjudication for DWI in some circumstances

Once a prior conviction is established, the charge is enhanced, and the penalties increase substantially.

## Criminal Penalties For A Second DWI In Texas

A second DWI in Texas is classified as a Class A misdemeanor. This is one of the most serious misdemeanor charges under Texas law.

### Jail Time Exposure

Under [Texas Penal Code § 12.22](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12), a Class A misdemeanor is punishable by:

- Up to one year in county jail.
- A minimum jail term of 72 hours, which can increase depending on the case facts.

Judges often impose jail time more readily on second DWI cases, especially when aggravating factors are present, such as a high blood alcohol level or a prior refusal to submit to testing.

### Fines And Court Costs

A second DWI conviction carries:

- A fine of up to $4,000.
- Additional court costs, probation fees, and administrative assessments.

These financial penalties often exceed what defendants expect, particularly when ignition interlock and monitoring requirements are added.

## Driver’s License Consequences For A Second DWI

The criminal case is only one part of the impact. Texas also imposes administrative penalties through the Department of Public Safety.

### Administrative License Revocation (ALR)

Under [Texas Transportation Code Chapter 724](https://statutes.capitol.texas.gov/getstatute.aspx?Code=TN&Value=724), your license may be suspended if:

- You refused a breath or blood test.
- You failed a chemical test with a BAC of 0.08 or higher.

For a second DWI:

- Test refusal can result in up to a two-year suspension.
- Test failure can result in up to a one-year suspension.

These suspensions can occur even if the criminal case is still pending.

### Occupational License Limitations

While some drivers may qualify for an occupational license, courts often impose strict limits after a second DWI. Driving privileges may be restricted to work, school, or essential household duties only, and ignition interlock devices are commonly required.

## Ignition Interlock Requirements After A Second DWI

Texas law allows courts to require an ignition interlock device as a condition of bond, probation, or occupational driving privileges.

An ignition interlock:

- Requires a breath sample before the vehicle starts
- May require rolling samples while driving
- Records all activity for court review

For many second DWI defendants, the interlock is mandatory, not optional. Violations can lead to bond revocation or probation violations.

## Probation And Community Supervision Terms

If jail time is not imposed immediately, courts often place defendants on probation under Texas Code of Criminal Procedure Article 42A.

Probation conditions commonly include:

- Alcohol education or treatment programs
- Random drug and alcohol testing
- Community service hours
- Monthly supervision fees
- Ignition interlock compliance

Probation for a second DWI is more demanding and less forgiving than for a first offense.

## How Prior Convictions Affect Defense Strategy

A prior DWI changes how the case is prosecuted and defended. The state is allowed to introduce evidence of the prior conviction during the punishment phase, and sometimes during trial if the defense opens the door.

Defense strategy often focuses on:

- Challenging the legality of the traffic stop
- Examining field sobriety test administration
- Scrutinizing breath or blood testing procedures
- Identifying constitutional violations

A strong defense can reduce penalties, challenge enhancements, or, in some cases, prevent a conviction altogether.

## Long-Term Consequences Of A Second DWI Conviction

Beyond jail, fines, and license issues, a second DWI can affect:

- Employment opportunities
- Professional licenses
- Auto insurance rates
- Housing applications

Unlike some offenses, a DWI conviction in Texas cannot be sealed or expunged once finalized, which makes defense planning critical.

## Frequently Asked Questions About Second DWI Charges In Texas

### How Long Do Prior DWIs Stay On Your Record In Texas?

Texas does not erase DWI convictions over time. A prior DWI from decades ago can still be used to enhance a new charge. There is no automatic expiration, which means even old cases matter.

### Can A Second DWI Be Reduced To A Lesser Charge?

Reduction depends on the facts of the case, the strength of the evidence, and the defense strategy used. While prosecutors are less flexible with repeat offenses, weaknesses in the stop, testing, or arrest can still create leverage.

### Is Jail Mandatory For A Second DWI In Texas?

Texas law sets a minimum jail term of 72 hours for a second DWI, but courts may allow alternatives in some cases. However, jail exposure is real, and judges take these cases seriously.

### What Happens If I Refuse A Breath Or Blood Test On A Second DWI?

Refusal triggers an administrative license suspension and can be used against you in court. For repeat offenses, refusal penalties are significantly longer than for first-time cases.

### Can I Drive While My Second DWI Case Is Pending?

You may be able to drive temporarily, but ALR suspensions can begin quickly. An occupational license may be available, though restrictions are common.

### Does A Second DWI Require An Ignition Interlock Device?

In many cases, yes. Courts frequently require interlocks for bond, probation, or restricted driving privileges after a second DWI.

### Will A Second DWI Affect My Job?

Many employers conduct background checks. A second DWI can raise concerns about reliability, licensing, and insurance, particularly for driving-related jobs.

### Can Out-Of-State DWIs Count As Prior Convictions In Texas?

Yes. Texas courts often treat qualifying out-of-state DWI convictions as prior offenses for enhancement purposes.

### How Does Probation Work For A Second DWI?

Probation typically includes strict supervision, treatment requirements, interlock use, and regular compliance reporting. Violations can result in jail time.

### Can A Second DWI Be Expunged Or Sealed?

A conviction cannot be sealed or expunged. Only certain dismissals or acquittals may qualify, which makes early defense decisions important.

## Why Hiring The Right Defense Matters After A Second DWI

A second DWI is not just another case. It is a turning point. The penalties increase, the margin for error narrows, and the long-term consequences become more severe. Prosecutors pursue these cases aggressively, and courts expect accountability.

We believe strong defense work begins early. Evidence must be examined, procedures questioned, and legal options identified before mistakes limit your choices.

## Call Mark Diaz & Associates For Help With A Second DWI Charge

If you are facing a second DWI charge in Galveston or anywhere in Houston, Texas, timing matters. Early legal representation can affect bond conditions, license outcomes, and the overall direction of the case.

When you hire Mark Diaz & Associates, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

We represent clients throughout Galveston and across Houston, Texas, and we understand how local courts handle repeat DWI cases.

To schedule a free consultation, contact our [Galveston DWI defense lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [receive your free consultation](/landing-form/).

**Categories:** DWI Attorney

---

### [Federal Agents Executed A Search Warrant At My Home In Texas](https://texascriminaljustice.com/federal-agents-executed-a-search-warrant-at-my-home-in-texas/)

**Published:** February 17, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DistrictCourtWarrantForTheArrestOfAWitnessIn](https://texascriminaljustice.com/wp-content/uploads/2026/02/Federal-Agents-Executed-A-Search-Warrant.jpg "DistrictCourtWarrantForTheArrestOfAWitnessIn")

## What Happens After A Federal Search Warrant Is Executed At My Home Under Texas Law?

When federal agents arrive at your home with a search warrant, the situation is serious, disruptive, and frightening. Many people assume that a search automatically means an arrest, but that is not always true. In Texas, federal searches are often part of a much larger investigation that may have been underway for months or even years. The way you respond in the first hours and days after a search can have a direct impact on whether charges are filed and how strong the government’s case becomes.

We represent individuals and families in [Galveston](https://www.galveston.com/) and throughout Houston who find themselves facing federal scrutiny. When agents execute a warrant at a residence, they are typically searching for documents, electronic data, financial records, firearms, or other items they believe are connected to a suspected federal offense. Understanding what the warrant allows, what agents can lawfully take, and what rights you still have is essential to protecting yourself.

This situation does not mean your life is over, but it does mean you need to act carefully and deliberately. Federal cases move differently from state cases, and mistakes made early can follow you for years. Below, we explain how federal search warrants work, what Texas law and federal procedure require, and how a criminal defense lawyer can intervene early to protect your position.

## Why Federal Agents Conduct Home Searches In Texas

Federal agents do not execute [search warrants](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm) lightly. Before a judge signs off on a warrant, agents must present sworn statements showing probable cause that evidence of a federal crime will be found at the location. In Texas, these warrants are often tied to investigations involving:

- Drug trafficking or distribution
- Wire fraud or mail fraud
- Health care fraud
- Money laundering
- Firearms or explosives offenses
- Child exploitation or internet crimes
- Tax-related offenses
- Federal conspiracy allegations

These investigations are usually handled by agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, or Homeland Security Investigations. Even if local officers are present, the case itself is federal, and federal rules apply.

### What A Federal Search Warrant Must Include

A valid federal search warrant must meet strict legal requirements. Under the Fourth Amendment and federal procedure, the warrant must clearly identify:

- The specific location to be searched
- The items or categories of items to be seized
- The federal offense under investigation
- The judge or magistrate who authorized the search

Agents are not allowed to conduct a general or open-ended search. If the warrant authorizes the seizure of digital devices, for example, that does not automatically give agents unlimited access to everything in your home. When a warrant is overly broad or improperly executed, evidence may be challenged later in court.

### How Federal Searches Differ From State Searches In Texas

Many people are familiar with state-level searches conducted by Texas law enforcement. Federal searches are different in several important ways. Federal agents often arrive in teams, may secure the property for several hours, and frequently seize electronic devices for off-site review.

Unlike many state cases, federal prosecutors are involved early. Assistant United States Attorneys often help guide the investigation before the warrant is ever executed. That means the search is rarely random. It is usually one step in a coordinated strategy.

### Your Rights During A Federal Search Of Your Home

Even with a warrant, you do not lose all of your rights. You are not required to answer questions, explain items in your home, or volunteer information. You have the right to remain silent, and exercising that right cannot legally be used against you.

You also have the right to observe the search from a reasonable distance and to request a copy of the warrant and an inventory of items seized. While you should never interfere with agents, you also do not have to assist them in building their case.

### Can Federal Agents Arrest Me During Or After The Search

Sometimes arrests happen immediately, but often they do not. In many federal cases, the search is used to gather additional evidence before charges are filed. It is common for weeks or months to pass before an indictment is returned.

This waiting period is dangerous for people who assume the matter is over. In reality, this is often when prosecutors are deciding what charges to file and against whom. Early legal intervention during this stage can influence charging decisions and, in some cases, prevent charges altogether.

### What Happens To Items Seized During A Federal Search

Agents may seize physical items, documents, computers, phones, and storage devices. Digital evidence is often analyzed long after the search itself. Even information unrelated to the alleged offense may be reviewed if it falls within the scope of the warrant.

If property was seized improperly or outside the warrant’s scope, it may be possible to seek suppression or return of that property. These challenges require a detailed review of the warrant and the agents’ conduct.

### Texas Criminal Statutes And Federal Charges

While federal charges are governed by federal law, Texas statutes often come into play when determining how evidence was obtained or how conduct is classified. For example, drug offenses investigated federally often involve conduct that also violates Texas’s controlled substances laws. Firearm cases may involve both Texas weapon statutes and federal firearm prohibitions.

Understanding the overlap between Texas criminal law and federal prosecution is essential in building a defense strategy that addresses all potential exposure.

### Why Early Legal Representation Matters After A Search

The time immediately after a federal search is one of the most important phases of a case. Statements made to agents, phone calls recorded from detention facilities, and even text messages sent to friends can all become evidence.

We often step in before charges are filed to communicate with federal prosecutors, assert our clients’ rights, and limit unnecessary exposure. This early work can shape how the case unfolds.

## Frequently Asked Questions About Federal Search Warrants In Texas

### Do I Have To Let Federal Agents Into My Home If They Have A Warrant?

Yes. If agents present a valid search warrant, they have legal authority to enter the property listed in the warrant. You do not have the right to block entry or delay the search. You do, however, have the right to review the warrant and to remain silent during the process.

### Can I Be Charged Even If Nothing Illegal Was Found?

Yes. A search may be used to confirm information already obtained through other means, such as informants or electronic surveillance. Charges can still be filed based on evidence collected before the search, even if nothing new is found during the search itself.

### Should I Answer Questions To Clear Things Up?

In most cases, answering questions does not help and can create additional problems. Federal agents are trained to gather statements that may later be used in court. Politely declining to answer questions and requesting legal counsel is often the safest course.

### How Long Can Federal Agents Keep My Property?

There is no fixed timeline. Some items may be returned quickly, while others may be held for months or longer if they are considered evidence. In certain situations, legal action can be taken to seek the return of property.

### What If The Warrant Was Based On False Information?

If a warrant was issued based on inaccurate or misleading statements, it may be challenged. Successfully attacking a warrant requires careful legal analysis and often testimony from agents and witnesses.

### Can A Search Lead To Charges Against Other Family Members?

Yes. If agents believe other individuals were involved in the alleged conduct, additional charges may be filed. This is why it is important for everyone in the household to avoid discussing the case with investigators.

### Will This Automatically Become A Federal Court Case In Houston Or Galveston?

Federal cases arising in this area are typically handled in federal courts serving the Southern District of Texas, which includes both Galveston and Houston. Venue depends on where the alleged conduct occurred and where evidence was located.

### Can I Talk To Friends Or Co-Workers About The Search?

Anything you say to others can potentially be shared with investigators. Text messages, emails, and social media posts are frequently subpoenaed. Limiting discussions about the case is critical.

### How Soon Should I Contact A Criminal Defense Lawyer?

As soon as possible. Waiting until charges are filed can limit available options. Early involvement allows counsel to protect your rights before mistakes are made.

### Does A Search Mean I Am Going To Prison?

A search alone does not determine the outcome of a case. Many federal investigations end without charges or result in negotiated resolutions. Outcomes depend on the evidence, the alleged offense, and the defense strategy.

## Call Mark Diaz & Associates After A Federal Search In Galveston Or Houston

If federal agents have executed a search warrant at your home, you need legal guidance immediately. At Mark Diaz & Associates, we represent individuals facing serious federal investigations in Galveston and throughout Houston. We handle these matters with discretion, urgency, and a clear focus on protecting our clients from unnecessary exposure.

When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From the moment agents appear at your door through the resolution of your case, we remain personally involved and accessible.

To speak with a criminal defense lawyer about a federal search warrant issue, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today at [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We are here to protect your rights and help you take control of what happens next.

**Categories:** Federal Criminal Defense Lawyer

---

### [What Triggers A Federal Mail Fraud Investigation?](https://texascriminaljustice.com/what-triggers-a-federal-mail-fraud-investigation/)

**Published:** February 12, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![SomersetNjUsa-September252020ManWithMail-in](https://texascriminaljustice.com/wp-content/uploads/2026/02/What-Triggers-A-Federal-Mail-Fraud-Investigation.jpg "SomersetNjUsa-September252020ManWithMail-in")

Federal mail fraud investigations are typically initiated when investigators, regulators, or financial institutions identify specific concerns. In our experience representing clients in Galveston and Houston, many are surprised by how early government involvement can occur, often well before any arrest. Even a single mailing, billing practice, or business communication that appears deceptive or misleading may prompt scrutiny.

Mail fraud cases often overlap with Texas criminal offenses, business disputes, or regulatory complaints, which is why these investigations can feel sudden and overwhelming. By the time agents contact you, the government has usually spent months reviewing records, tracing transactions, and building a theory of intent. Understanding what triggers a mail fraud investigation is one of the most important steps toward protecting yourself.

This overview outlines how federal mail fraud investigations begin, common behaviors that raise red flags, the intersection of Texas criminal law with federal allegations, and the importance of early legal representation.

## Understanding Federal Mail Fraud Allegations

Mail fraud is governed by[ 18 U.S.C. § 1341](https://www.justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud), which makes it a federal offense to use the United States Postal Service or private interstate carriers as part of a scheme to defraud. The government does not need to prove that every mailing was fraudulent. It only needs to show that the mail was used to further an alleged scheme involving deception or false representations.

From a defense standpoint, one of the most misunderstood aspects of mail fraud is the intent requirement. Federal prosecutors must prove that a person acted knowingly and with intent to defraud. Honest mistakes, poor recordkeeping, or business disputes are not supposed to qualify. In practice, however, investigators often assume intent early and then look for evidence that supports that assumption.

Mail fraud investigations frequently arise alongside other allegations such as wire fraud, conspiracy, or money laundering. In Texas, these federal cases often run parallel to state-level fraud investigations.

## Common Triggers That Lead To Mail Fraud Investigations

Mail fraud cases typically start with identifiable warning signs. The following are common triggers observed in actual investigations.

### Consumer Or Business Complaints

Many investigations begin with complaints from customers, vendors, or business partners. These complaints may be filed with the Postal Inspection Service, the FBI, the Texas Attorney General, or federal regulatory agencies.

Repeated allegations that invoices were misleading, refunds were denied, Repeated allegations of misleading invoices, denied refunds, or undelivered services often attract attention. While a dispute may begin as a civil matter, patterns of similar complaints can escalate the case to a criminal investigation. Large deposits followed by rapid withdrawals, unusual mailing activity tied to payments, or inconsistent billing practices often result in Suspicious Activity Reports (SARs).

Once a SAR is filed, federal investigators may begin reviewing mail records, financial statements, and communications. At that point, the investigation is no longer hypothetical.

### Whistleblowers And Former Employees

Disgruntled employees, terminated contractors, or former partners frequently serve as the starting point for mail fraud cases. These individuals may provide documents, internal emails, or explanations of business practices that investigators would not otherwise see.

Federal agents tend to give significant weight to insider allegations, even when motives are questionable. This is why internal compliance issues can quickly become criminal cases.

### Regulatory Audits And Licensing Reviews

Businesses that are subject to state or federal regulation may trigger mail fraud scrutiny during audits. If an auditor believes mailed disclosures, reports, or applications were inaccurate, the matter can be referred for criminal investigation.

In Texas, this often involves insurance, healthcare billing, financial services, or contracting industries.

## How Mail Fraud Investigations Often Unfold

Mail fraud investigations rarely start with an arrest. They usually progress in stages.

Investigators first collect publicly available information, banking data, and mailing records. They then issue subpoenas for documents, interview witnesses, and attempt to map out the alleged scheme. In many cases, targets do not know they are under investigation until agents request an interview or execute a search warrant.

By the time someone is contacted directly, the government has often already formed its narrative. That is why speaking to investigators without counsel is one of the most damaging mistakes we see.

## What Investigators Look For In Mailed Communications

Mail fraud cases focus heavily on the content and purpose of mailed materials. This can include:

- Invoices and billing statements
- Contracts and agreements
- Refund letters or denial notices
- Marketing materials or solicitations
- Applications or disclosures sent by mail

Investigators analyze whether these communications contained misleading statements, omitted material facts, or created false expectations. Context matters. A statement that appears innocent in isolation may be framed differently when viewed alongside other mailings.

## Why Intent Is Often The Most Contested Issue

Intent is the central battleground in mail fraud defense. The government must show more than poor judgment or sloppy business practices. It must prove a deliberate plan to deceive.

We regularly challenge assumptions that business disputes equal criminal intent. Market conditions, administrative errors, customer misunderstandings, and contractual disagreements are often mischaracterized as fraud. The distinction between civil liability and criminal conduct is critical.

## Potential Consequences Of A Federal Mail Fraud Conviction

Mail fraud carries severe penalties. Each count can result in up to 20 years in federal prison, substantial fines, and restitution orders. When cases involve financial institutions or disaster relief, penalties can increase further.

Collateral consequences often include loss of professional licenses, damage to reputation, and restrictions on future business activity. Even before conviction, investigations can disrupt careers and family life.

## Why Early Legal Representation Matters

Mail fraud investigations are won or lost long before trial. Early involvement allows counsel to shape how information is presented, prevent damaging statements, and sometimes stop charges from being filed at all.

Once a charging decision is made, options narrow. That is why silence and strategy matter from the very first contact with investigators.

## Frequently Asked Questions About Federal Mail Fraud Investigations

### What Is Considered A Scheme To Defraud Under Federal Law?

A scheme to defraud generally refers to a plan intended to deceive someone out of money or property through false statements or omissions. The government does not need to prove that the scheme succeeded, only that it existed and involved the use of mail. Business disputes and contract disagreements are often mischaracterized as schemes, which is why intent is heavily contested in these cases.

### Can A Single Mailing Trigger A Mail Fraud Charge?

Yes. A single mailing can be enough if prosecutors believe it furthered a fraudulent scheme. The mailing itself does not need to contain false information. It only needs to be connected to the alleged plan.

### Do Private Carriers Count The Same As USPS?

Yes. Federal law treats private interstate carriers the same as the Postal Service for mail fraud purposes. Shipping documents, overnight packages, and courier deliveries may all qualify.

### Can Mail Fraud Charges Be Filed Without A Victim Complaint?

Yes. Investigations can begin through bank reports, audits, or internal reviews, even if no victim files a complaint. Prosecutors often rely on financial data rather than direct accusations.

### Is Mail Fraud Always Charged With Other Crimes?

Often, but not always. Mail fraud is frequently paired with wire fraud, conspiracy, or money laundering allegations. In Texas, related state charges may also be considered.

### Should I Speak To Federal Agents If Contacted?

No one is required to speak with federal agents without counsel. Statements made early in an investigation are commonly used later to establish intent or inconsistencies.

### Can A Business Owner Be Personally Charged?

Yes. Owners, officers, and managers may be charged individually if prosecutors believe they directed or approved the alleged conduct.

### How Long Do Mail Fraud Investigations Usually Last?

Investigations often last months or years. Many people are unaware they are targets until late in the process.

### Is Restitution Mandatory If Convicted?

Restitution is commonly ordered and can involve significant financial obligations that last for years beyond sentencing.

### Can Mail Fraud Be Reduced Or Dismissed?

Outcomes depend on facts, timing, and defense strategy. Early intervention increases the chance of limiting exposure or preventing charges.

## Call Mark Diaz & Associates For Federal Mail Fraud Defense

Federal mail fraud allegations demand immediate and informed action. At Mark Diaz & Associates, we defend individuals and businesses facing serious federal investigations in [Galveston](https://www.galveston.com/) and throughout Houston, Texas.

When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If you are under investigation or believe you may be, contact our [Galveston County white collar crime lawyer](/white-collar-crimes/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The earlier we get involved, the more control we keep over what happens next.

**Categories:** White Collar Crime

---

### [The DEA Sent Me A Letter About Buying Drugs Online - What Should I Do?](https://texascriminaljustice.com/the-dea-sent-me-a-letter-about-buying-drugs-online-what-should-i-do/)

**Published:** February 13, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Crime Questions](https://texascriminaljustice.com/wp-content/uploads/2021/04/Drug-Crime-Questions.jpg "Drug Crime Questions")

Receiving a letter from the[ Drug Enforcement Administration](https://www.dea.gov/) can be alarming. Many people contact our office fearing imminent arrest or charges, while others assume the letter is a mistake or scam and consider ignoring it. Both responses can lead to significant legal issues under Texas law.

We have represented many individuals in[ Galveston](https://www.galveston.com/) and across Houston who received DEA letters tied to alleged online drug purchases. These cases often involve intercepted packages, online marketplaces, cryptocurrency payments, or shipments flagged during federal or state inspections. The letter itself is not random, and it is rarely sent without a reason. How you respond in the hours and days after receiving it can affect whether charges are ever filed.

We will now outline what a DEA letter typically means, how Texas drug laws may apply, and the steps to protect your rights. We also explain why consulting a lawyer before taking any action is essential, even if you believe you have done nothing wrong.

## Why Would The DEA Send A Letter About Online Drug Purchases?

The DEA usually sends letters when a package suspected of containing controlled substances is intercepted or flagged. This may occur through mail inspections, carrier screenings, customs checks, or joint investigations. The letter serves as an investigative tool, not a courtesy notice.

Often, the government seeks to identify who is responsible for the shipment. The letter may ask if you ordered, intended to receive, or knew about the package. It may state the package was seized or warn of potential legal consequences.

Under Texas law, possession, attempted possession, and conspiracy can all trigger criminal liability, even if the drugs never reached your hands. The DEA letter may be an attempt to gather admissions that later support charges in Texas state court or federal court.

### What Types Of Drugs Trigger These Letters?

DEA letters often involve substances classified as controlled under the [Texas Health and Safety Code](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf) and federal law. Common examples include:

- Prescription medications ordered without a valid prescription
- Opioids such as fentanyl or oxycodone
- Stimulants such as Adderall or cocaine
- Steroids and performance-enhancing drugs
- Psychedelics and synthetic substances

[Texas Health and Safety Code § 481.102 through § 481.105](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.002) classify controlled substances by penalty group. The penalty group and quantity alleged determine whether a charge is a misdemeanor or felony and how severe the punishment may be.

Even small quantities can carry serious penalties. In some cases, the government alleges intent to deliver based on packaging, payment methods, or online communications.

### Does A DEA Letter Mean I Am Already Charged?

A DEA letter does not automatically mean charges have been filed. In many situations, the letter is sent before any arrest. However, that does not mean the risk is low. The letter may be part of an active investigation, and your response could determine whether the case moves forward.

Texas prosecutors may later rely on information gathered by federal agents. Statements made to the DEA can be shared with local law enforcement and district attorneys in Galveston County or Harris County.

Once charges are filed, options narrow. Early legal intervention often makes a significant difference in whether a case can be reduced, diverted, or dismissed.

### Why Ignoring The Letter Can Be A Mistake

Some people assume that ignoring a DEA letter is the safest option. While silence is often wise, ignoring the situation entirely can create problems. If the government believes you intentionally avoided contact, they may escalate the investigation.

In some cases, agents follow up with home visits, subpoenas, or search warrants. Others involve controlled deliveries or additional surveillance. The government may also rely on shipping records, digital footprints, or payment histories.

The safer approach is not to respond directly but to involve counsel immediately. A lawyer can communicate on your behalf, protect your rights, and prevent damaging admissions.

### Why You Should Never Contact The DEA On Your Own

Anything you say to federal agents can be used against you. Even statements you believe are harmless can be misinterpreted or taken out of context. Admitting curiosity, prior purchases, or knowledge of a package may be enough to support probable cause.

Texas Penal Code § 15.02 addresses criminal conspiracy, and § 481.115 and related statutes cover possession and delivery offenses. Statements suggesting agreement or intent can satisfy key elements of these offenses.

We routinely see cases where individuals talked themselves into charges that otherwise may not have existed. Speaking with an attorney first allows you to understand risks before any communication occurs.

## How Texas Drug Laws Apply To Online Purchases

Texas law does not require physical possession in your hand to pursue charges. Prosecutors may argue constructive possession, attempted possession, or conspiracy. Evidence may include:

- Shipping addresses tied to your residence.
- Emails or online messages
- Payment records or cryptocurrency transactions
- IP addresses or account logins

Penalties vary widely. A small amount of a Penalty Group 3 substance may be a misdemeanor, while Penalty Group 1 substances can lead to felony charges and prison time.

Federal involvement also raises the possibility of federal charges, which carry their own sentencing rules. Early legal review helps determine which jurisdiction is most likely and how to prepare.

### What To Do Immediately After Receiving A DEA Letter

The most important steps are simple but critical:

- Do not call or email the DEA.
- Do not consent to interviews or searches.
- Do not discuss the letter with friends or online forums.
- Preserve the letter and any related documents.
- Contact a criminal defense lawyer immediately.

Timing matters. Early involvement allows counsel to assess exposure, identify defenses, and sometimes stop charges before they are filed.

### How We Approach These Cases

When clients bring us a DEA letter, we begin by reviewing the language carefully. We assess whether the letter suggests seizure, investigation, or a request for cooperation. We then examine potential evidence sources and exposure under Texas law.

In many cases, we communicate with investigators on the client’s behalf without revealing damaging information. In others, we prepare for possible arrest or court proceedings. Our goal is always to limit risk, protect rights, and pursue the best possible outcome.

## Frequently Asked Questions About DEA Letters And Online Drug Allegations

### Is A DEA Letter The Same As A Search Warrant Or Arrest Notice?

No. A DEA letter is not a warrant and does not authorize a search or arrest by itself. However, it often signals an investigation. Agents may already have evidence or may be seeking confirmation. Treat the letter seriously and involve counsel immediately.

### Can Texas Prosecutors Use Information From Federal Agents?

Yes. Federal and state agencies routinely share information. Statements made to the DEA can later appear in Texas criminal cases. This is why direct communication without legal guidance is risky.

### What If I Never Ordered The Drugs Mentioned In The Letter?

Mistaken identity, stolen information, or misuse of your address can occur. Even so, explaining this directly to agents can backfire. A lawyer can present this defense safely and gather proof without exposing you to unnecessary risk.

### Can I Be Charged If The Package Never Reached Me?

Yes. Texas law allows charges based on attempted possession or conspiracy. Prosecutors may argue intent based on online activity or payment records, even without delivery.

### Does Quantity Matter Under Texas Law?

Yes. Quantity affects the penalty range and whether a charge is a misdemeanor or a felony. Even small amounts of certain substances can lead to felony charges depending on the penalty group.

### Are Online Purchases Treated Differently Than Street Purchases?

The method of purchase does not reduce criminal exposure. In some cases, online purchases increase scrutiny because of digital records and interstate elements.

### Should I Destroy The Letter Or Related Records?

No. Destroying documents can create additional legal problems. Preserve everything and allow your attorney to review it.

### Can These Cases Be Resolved Without Jail Time?

Many cases can be resolved through dismissal, reduction, or alternative outcomes, especially when handled early. Each case depends on facts, prior history, and the strength of the evidence.

### Will Hiring A Lawyer Make Me Look Guilty?

No. Hiring counsel is a constitutional right and often prevents misunderstandings that lead to charges.

### What If Agents Come To My Home After The Letter?

You are not required to answer questions or allow entry without a warrant. Politely decline and contact your lawyer immediately.

## Call Mark Diaz & Associates For Help With DEA Letter Cases In Galveston And Houston

If you received a DEA letter about buying drugs online, do not guess and do not act alone. These situations involve serious legal exposure under Texas criminal law and early action matters.

At Mark Diaz & Associates, we defend clients in Galveston and throughout Houston, Texas, against state and federal drug allegations. When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours.

You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible. If you are facing drug charges, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Drug Crimes

---

### [Can I Be Charged With Conspiracy For Just Texting About Drugs?](https://texascriminaljustice.com/can-i-be-charged-with-conspiracy-for-just-texting-about-drugs/)

**Published:** February 14, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas drug charges](https://texascriminaljustice.com/wp-content/uploads/2021/10/Texas-drug-charges.jpg "Texas drug charges")

Many assume criminal charges only occur after drugs are exchanged, but this is a common misconception. In Texas, cases often begin before any substance is delivered, purchased, or possessed. Individuals are sometimes arrested based solely on phone records, text messages, or social media conversations, which can be surprising when no drugs or money are involved.

Text messages can carry significant legal consequences under Texas criminal law. Prosecutors regularly argue that written messages show intent, agreement, or planning, which are the core elements of a conspiracy charge. Once law enforcement has access to a phone, investigators often treat texts as a written timeline of alleged criminal behavior.

We represent clients in [Galveston](https://www.galveston.com/) and Houston who are often unaware that casual messages, jokes, or vague conversations may be used as evidence. Understanding [Texas conspiracy law](https://codes.findlaw.com/tx/penal-code/penal-sect-15-02/), how prosecutors interpret digital communication, and available defenses is essential. The right legal strategy can determine the outcome of your case.

## What Conspiracy Means Under Texas Criminal Law

Texas defines criminal conspiracy under [Texas Penal Code § 15.02](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=15.02). A person commits conspiracy if they intend for a felony to be committed, agree with one or more people to commit that felony, and one of the parties performs an overt act to further the agreement.

This statute is broader than many realize. The law does not require the planned crime to succeed, nor does it require drugs or money to be found. Prosecutors only need to show that an agreement existed and that some action was taken to further it.

An overt act can be very minor. It can include sending a follow-up message, sharing a location, asking about availability, or discussing timing. Prosecutors often argue that even arranging a meeting qualifies as an overt act.

### Can Text Messages Alone Support A Conspiracy Charge?

Yes. Under Texas law, text messages can be used as evidence of both agreement and intent. Prosecutors frequently rely on message content to argue that people reached a mutual understanding to commit a drug offense.

Messages do not need to be explicit. Slang, emojis, abbreviations, or coded language are often interpreted by law enforcement as references to drugs. Officers may testify about what certain terms supposedly mean, even if those meanings are disputed.

In many cases, the messages are taken out of context. A single phrase is isolated from the broader conversation. Humor, sarcasm, or exaggeration is ignored. Prosecutors may argue that the tone does not matter, only the words.

### How Texas Drug Laws Interact With Conspiracy Charges

Most conspiracy cases involving drugs reference offenses under the [Texas Health and Safety Code Chapter 481](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf), which governs controlled substances. The seriousness of a conspiracy charge depends on the underlying drug offense being alleged.

For example, conspiracy to deliver a controlled substance can carry the same penalty range as the completed offense. That means a person can face felony punishment even when no drugs were recovered.

The alleged drug type, weight, and penalty group play a major role. Even speculative references to quantity in a text message can be used to argue for higher punishment ranges.

### Why No Drugs Found Does Not End The Case

One of the most common misconceptions we encounter is that police must find drugs to bring charges. Texas law does not require physical evidence of narcotics to prosecute a conspiracy.

Prosecutors rely on circumstantial evidence. That can include texts, call logs, GPS data, surveillance footage, or statements from other people involved. In some cases, charges are filed based solely on a cooperating witness and message records.

We regularly challenge these cases by exposing assumptions and weak links in the State’s theory. Without drugs, the prosecution often leans heavily on interpretation rather than proof.

### The Role Of The “Overt Act” Requirement

[Texas Penal Code § 15.02](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=15.02) requires at least one overt act in furtherance of the conspiracy. Prosecutors often stretch this requirement.

Common examples they claim qualify include:

- Asking about availability or pricing
- Sending a meeting location
- Driving toward a meeting place
- Introducing two people by text
- Sending a follow-up message confirming interest

We focus on whether the alleged act truly advances a criminal agreement or is simply a conversation. Not every message or action satisfies the statute.

### How The Law Of Parties Expands Exposure

Texas also applies the Law of Parties under [Penal Code § 7.02](https://codes.findlaw.com/tx/penal-code/penal-sect-7-02/), which allows prosecutors to hold someone responsible for the actions of others. In conspiracy cases, this dramatically increases risk.

If prosecutors argue that a person encouraged, aided, or attempted to assist another person, they may seek liability even without direct involvement. Texts that express support or interest are often used to support this claim.

This is why early legal intervention matters. Statements made before counsel is involved frequently become the backbone of the State’s case.

### Common Situations That Lead To Text-Based Conspiracy Charges

We often see conspiracy charges arise from situations such as:

- Texting someone who is already under investigation
- Communicating with an informant
- Group chats where others discuss drugs
- Casual conversations that escalate
- Messages sent while intoxicated or joking

Many are surprised to learn that deleting messages does not protect them. Providers, backups, and forensic tools can often recover deleted data.

### Why Silence After Arrest Is Critical

After an arrest, every statement is important. While texts are preserved, spoken explanations can create additional issues. Cases often worsen when individuals try to explain their messages without understanding prosecutorial interpretation.

Texas law permits police to use voluntary statements against the accused. Exercising the right to remain silent is often the most important immediate step.

### Defenses That Apply To Text-Based Conspiracy Allegations

Conspiracy cases are highly fact-specific. Common defenses include lack of agreement, lack of intent, absence of an overt act, misinterpretation of language, and unlawful search or seizure of digital evidence.

We also challenge whether the alleged co-conspirator truly shared criminal intent. One person’s interpretation does not establish a mutual agreement.

Digital evidence must be lawfully obtained. We frequently examine warrants, data extraction methods, and chain of custody issues.

## Frequently Asked Questions About Drug Conspiracy And Text Messages

### Can A Joke Or Exaggeration In A Text Message Be Used Against Me?

Yes, prosecutors may attempt to use jokes or exaggerated statements as evidence of intent. Texas courts allow juries to decide how to interpret language. That is why context is essential. We work to show tone, surrounding messages, and alternative meanings to counter the State’s claims.

### Do I Have To Know The Other Person Personally To Be Charged With Conspiracy?

No. Texas law does not require a close relationship. A brief exchange with someone you barely know can still be framed as an agreement if prosecutors believe there was shared intent and an overt act.

### What If I Never Responded After The First Message?

Silence can help, but it does not automatically prevent charges. Prosecutors may argue that earlier messages established agreement. Each case depends on timing, content, and surrounding facts.

### Can Police Read My Text Messages Without A Warrant?

Generally, police need a warrant to search phone contents. However, there are exceptions. We examine whether consent was given, whether a warrant was valid, and whether the scope was exceeded.

### What If Someone Else Used My Phone?

This is a common defense, but it requires supporting evidence. We examine access, usage patterns, and digital fingerprints to assess credibility.

### Can I Be Charged Even If The Other Person Was Never Arrested?

Yes. Texas law does not require all alleged conspirators to be charged. One person can face conspiracy charges alone based on an alleged agreement.

### Does Deleting Messages Protect Me?

No. Deleted messages are often recoverable through backups or forensic tools. Deletion may also be used to suggest consciousness of guilt.

### Can Text Messages Be Misinterpreted By Police?

Absolutely. Slang, abbreviations, and sarcasm are often misunderstood. Officers may rely on assumptions rather than verified meaning.

### Is Conspiracy Always A Felony In Texas?

Conspiracy is punished according to the underlying offense. Drug conspiracies are often felonies, with penalties tied to the alleged drug and quantity.

### Can I Be Charged If I Never Met Anyone In Person?

Yes. Physical meetings are not required. Digital communication alone can be alleged as sufficient.

### Does Being In A Group Chat Increase Risk?

Yes. Group chats expose participants to statements made by others. Prosecutors may argue shared intent even when involvement was minimal.

### What If I Was Set Up By An Informant?

Entrapment may apply in limited circumstances. We closely review law enforcement involvement and inducement.

### Can Conspiracy Charges Be Reduced Or Dismissed?

Yes. Many cases weaken once challenged. Lack of proof, unlawful searches, and credibility issues often lead to reduced charges or dismissal.

### How Early Should I Contact A Lawyer?

Immediately. Early involvement allows us to preserve evidence, prevent damaging statements, and shape the case from the start.

## Speak With Mark Diaz & Associates About Drug Conspiracy Charges

Text messages should not decide your future without a fight. Drug conspiracy cases built on digital communication are complex and aggressive. The sooner you involve a defense lawyer, the more options you preserve.

At Mark Diaz & Associates, we represent clients in Galveston and throughout Houston who face serious criminal allegations based on texts, phone data, and alleged agreements. When you hire us, you work directly with us. Our clients have our personal cell phone number, because questions, emergencies, and concerns do not follow office hours. You will not be passed to a junior associate or lost in a crowded system. From arrest through resolution, we remain personally involved and accessible.

If you are under investigation or have been charged, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We stand ready to protect your rights and challenge the case against you.

**Categories:** Criminal Defense Lawyer

---

### [What Happens If A Firearm Is Found During A Federal Drug Investigation?](https://texascriminaljustice.com/what-happens-if-a-firearm-is-found-during-a-federal-drug-investigation/)

**Published:** February 15, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2024/05/Diaz-4-How-Drug-Trafficking-Charges-Can-Be-Enhanced_May-2024.jpg "drug trafficking")

When a firearm is found during a federal drug investigation, consequences can escalate rapidly. A gun does not need to be used or handled to impact a case. In Texas, its presence may lead to additional charges, higher bonds, longer sentences, and more aggressive prosecution. Federal agents view firearms and drugs as a dangerous combination, even if the gun is legally owned or stored away.

This issue frequently arises in [Galveston](https://www.galveston.com/) and the Houston area. A search warrant for suspected drug activity can quickly become a firearm case, and a traffic stop may escalate to federal prosecution. Allegations of possession or distribution often lead to mandatory minimums and sentencing enhancements. Legal risks increase quickly, leaving little room for error.

Texas law, federal law, and sentencing rules intersect in complex ways when firearms are involved. State gun laws do not automatically protect someone in federal court. Even people with no prior criminal record can face years of exposure if prosecutors believe a firearm was connected to drug activity. Understanding how these cases are charged, what prosecutors must prove, and how defenses are built matters early.

Below, we outline how firearm discoveries impact federal drug investigations, the role of Texas statutes, and available legal strategies when facing these challenges.

## Why Firearms Change Federal Drug Cases Immediately

Federal prosecutors view firearms as tools that increase the perceived danger of drug offenses. Once a gun is located, agents often assume it was meant to protect drugs, money, or territory. That assumption alone can justify additional charges or sentencing enhancements.

Even when no one was threatened, and no violence occurred, prosecutors may argue that the firearm furthered drug trafficking activity. That argument does not require proof that the gun was used. It often relies on location, accessibility, and proximity to drugs or cash.

From that moment forward, the investigation usually becomes more aggressive. Federal agents may expand the scope of the case, seek cooperation, or pressure suspects early. Bond conditions tighten. Plea negotiations become harder. Sentencing exposure increases.

### Federal Firearm Charges Commonly Added To Drug Investigations

When a firearm is discovered, prosecutors frequently consider charging violations under federal law that carry severe penalties.

One of the most serious is [18 U.S.C. § 924(c)](https://www.law.cornell.edu/uscode/text/18/924), which applies when a firearm is possessed in furtherance of a drug trafficking crime. A conviction under this statute carries mandatory prison time that must run consecutively to any drug sentence. That means the firearm time is added on top of the drug sentence, not served at the same time.

Federal law does not require the firearm to be fired or displayed. Prosecutors may rely on factors such as:

- The firearm’s proximity to drugs or money
- Whether the firearm was loaded
- Whether it was easily accessible
- The type of firearm involved
- Statements made during the investigation

Once charged, this statute dramatically changes the risk profile of a case.

### How Texas Firearm Laws Still Matter In Federal Cases

Although federal courts control the prosecution, Texas firearm laws often play a role in how cases begin and how evidence is gathered. Understanding Texas statutes helps explain why a firearm was discovered in the first place and whether the search was lawful.

Under [Texas Penal Code § 46.02](https://statutes.capitol.texas.gov/docs/pe/pdf/pe.46.pdf), unlawful carrying offenses depend on location, manner of carry, and specific circumstances. While Texas allows lawful possession in many situations, those protections do not always shield someone once federal drug allegations are involved.

Texas law also governs:

- Whether officers had probable cause to search
- Whether a traffic stop was lawful
- Whether consent was valid
- Whether a firearm was lawfully possessed at the time

If Texas officers violated state law or constitutional protections during a search, that issue may later become a suppression argument in federal court.

### Firearms Found In Homes During Drug Investigations

Search warrants executed at residences are one of the most common ways firearms are discovered. Agents often search for drugs, records, cash, and digital evidence. When they find a firearm, prosecutors frequently argue that it was meant to protect drugs or proceeds.

In Texas, lawful gun ownership is common. However, federal prosecutors may still claim the firearm was connected to drug activity based on:

- Location of the firearm within the home
- Proximity to drugs or packaging materials
- Presence of large sums of cash
- Statements made during the search

The fact that a firearm was legally purchased does not end the analysis. Federal court focuses on purpose, not ownership alone.

### Firearms Discovered During Traffic Stops And Vehicle Searches

Traffic stops are another common entry point for federal drug and firearm cases. A stop that begins as a minor violation can lead to a search, discovery of drugs, and then discovery of a firearm.

Texas law controls whether the stop was valid in the first place. Officers must have legal justification for the stop and the search. Federal prosecutors rely heavily on these initial interactions to justify the charges that follow.

If a firearm is found in a vehicle alongside drugs, prosecutors may argue the firearm was readily accessible and therefore connected to drug trafficking. That argument is made even when the firearm was legally owned and stored.

### Sentencing Enhancements Under Federal Guidelines

Even when a separate firearm charge is not filed, firearms can still increase sentencing exposure under the federal sentencing guidelines. The presence of a firearm can result in a guideline enhancement that raises the advisory sentencing range.

Prosecutors often argue that:

- The firearm increased the danger of the offense.
- The firearm was connected to the drug activity.
- The firearm shows intent to protect against illegal conduct.

These enhancements can add years to a sentence if not challenged effectively.

### Constructive Possession And Why It Matters

One of the most misunderstood concepts in these cases is constructive possession. Federal prosecutors do not need to prove that a person physically held the firearm. They may argue constructive possession instead.

Constructive possession means prosecutors claim a person had the ability and intent to control the firearm, even if it was not on their person. This often arises when firearms are found in shared spaces, vehicles, or residences.

Defending against constructive possession claims requires careful analysis of:

- Who owned the firearm?
- Who had access to the location?
- Whether fingerprints or DNA exist
- Whether statements were made
- Whether others lived or traveled with the accused

### Common Defenses When A Firearm Is Found

Defenses vary based on facts, but common strategies include challenging the search, disputing the firearm’s connection to drug activity, and contesting possession allegations.

Search and seizure issues are often central. If the firearm was found during an unlawful search, suppression may be possible. That can significantly weaken or end the case.

Other defenses focus on a lack of connection. The government must show that firearms further drug activity. That connection is not automatic and must be supported by evidence.

### Why Early Legal Representation Changes The Outcome

Firearm discoveries often lead to early pressure from federal agents. Cooperation discussions may begin quickly. Statements made early can shape the case permanently.

We have seen situations where early intervention prevented firearm charges from being filed at all. Timing matters. Strategy matters. Silence often matters most in the beginning.

## Frequently Asked Questions About Firearms In Federal Drug Investigations

### Can I Be Charged If The Firearm Was Legal And Registered?

Yes. Legal ownership does not prevent federal charges. Prosecutors focus on whether the firearm was connected to drug activity, not whether it was lawfully purchased.

### Does The Firearm Have To Be Loaded For Charges To Apply?

No. Federal law does not require a firearm to be loaded. Accessibility and location often matter more than whether ammunition was present.

### What If The Gun Belonged To Someone Else?

Ownership alone does not control the case. Prosecutors may argue constructive possession if they believe you had access to or control over the firearm.

### Can A Firearm Increase My Sentence Even Without A Gun Charge?

Yes. Federal sentencing guidelines allow enhancements when firearms are involved, even without a separate firearm count.

### What If The Firearm Was Locked Away?

Secure storage may help the defense, but it does not automatically prevent charges. The government will examine accessibility and intent.

### Can A Search Be Challenged Even With A Warrant?

Yes. Warrants can be challenged if they were improperly obtained, too broad, or based on unreliable information.

### Will A Firearm Automatically Trigger Federal Charges?

Not always. Prosecutors exercise discretion. Early defense involvement can influence charging decisions.

### What If The Gun Was Found In A Shared Home?

Shared spaces raise constructive possession issues. Prosecutors must show control and intent, not just presence.

### Can Statements I Made Be Used Against Me?

Yes. Statements often become key evidence. Even casual remarks can be used to establish intent or possession.

### How Long Can A Federal Firearm Case Take?

Federal cases often take months or longer. Investigations may continue even after an arrest.

## Call Mark Diaz & Associates For Defense Against Federal Charges

If a firearm was found during a federal drug investigation, the stakes are too high to wait. These cases move quickly, and early decisions shape everything that follows.

At Mark Diaz & Associates, we represent clients in Galveston and throughout the city of Houston, Texas, in serious federal and state criminal matters. When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If you are facing gun charges, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Federal Criminal Defense Lawyer

---

### [Do I Need A Lawyer For Possession Of A Controlled Substance In Galveston?](https://texascriminaljustice.com/do-i-need-a-lawyer-for-possession-of-a-controlled-substance-in-galveston/)

**Published:** February 10, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![EvidenceOfSmugglingTrafficPackagingOfANarcoticSubstanceIn](https://texascriminaljustice.com/wp-content/uploads/2026/02/Do-I-Need-A-Lawyer-For-Possession-Of-A-Controlled-Substance.jpg "EvidenceOfSmugglingTrafficPackagingOfANarcoticSubstanceIn")

An arrest for possession of a controlled substance in Galveston can have immediate and significant consequences. Many assume a possession charge is minor, particularly for small amounts or first offenses, but Texas law treats these cases seriously. Penalties can impact your freedom, employment, driving privileges, and future opportunities.

We have represented people throughout [Galveston County](https://www.galvestoncountytx.gov/) and Houston who were shocked to learn how aggressively Texas treats drug possession cases. Even a small amount of a controlled substance can result in jail time, steep fines, and a permanent criminal record. The moment law enforcement alleges possession, the State begins building a case designed to secure a conviction. That is why understanding your rights and the role of a defense lawyer matters from the very beginning.

## What Texas Law Considers Possession Of A Controlled Substance

Under Texas criminal law, possession does not require ownership of drugs. The law focuses on custody, control, or management. [Texas Health and Safety Code § 481.002](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.002) broadly defines possession, allowing prosecutors to pursue charges even when substances are not found directly on your person.

This means you can be arrested if drugs are found in a vehicle, shared residence, or borrowed bag. Prosecutors frequently use circumstantial evidence, such as proximity or alleged behavior, to support possession charges. Without legal guidance, many underestimate how easily these cases proceed.

### Texas Controlled Substance Penalty Groups Explained

Texas divides controlled substances into penalty groups, which directly affect the severity of charges and punishment.

Penalty Group 1 includes substances such as cocaine, heroin, methamphetamine, and certain opioids. [Penalty Group 1-A](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-102/) covers LSD. [Penalty Group 2](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-103/) includes drugs like MDMA and PCP. Penalty Group 3 includes medications with limited narcotic content, while Penalty Group 4 covers certain compounds with small amounts of narcotics.

Texas Health and Safety Code [§481.102 through §481.105](http://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf) outline these classifications. The penalty group, combined with the alleged amount, determines whether a case is charged as a misdemeanor or a felony.

### Misdemeanor Versus Felony Possession Charges In Texas

Many people are surprised to learn that most possession cases in Texas are felonies. Only small amounts of certain substances qualify as misdemeanors.

For example, possession of less than one gram of a Penalty Group 1 substance is a state jail felony under [Texas Health and Safety Code § 481.115](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-115/). Possession of marijuana is treated differently under Texas law, but controlled substances almost always carry harsher consequences.

Felony convictions may result in incarceration, extended supervision, and lasting consequences. A felony record can impact housing, professional licensing, and firearm rights.

### Why Prosecutors Take Possession Cases Seriously In Galveston

Galveston County prosecutors aggressively pursue drug cases. Law enforcement agencies prioritize drug enforcement, and possession charges are often tied to broader investigations. Even when no additional charges are filed, possession alone is treated as a serious public safety issue.

Prosecutors often assume possession cases are easy to prove. They rely heavily on police reports, field tests, and officer testimony. Without a defense lawyer challenging these assumptions, the State’s version of events often goes untested.

### How Police Encounters Lead To Possession Charges

Most possession cases begin with a traffic stop, a pedestrian stop, or a search tied to another investigation. Officers may claim probable cause based on alleged odors, observed behavior, or consent searches.

Texas law allows searches under specific circumstances, but many searches violate constitutional protections. Illegal searches often form the backbone of possession cases. Identifying and challenging these issues early can change the outcome of a case.

### The Importance Of Challenging The Search And Seizure

The Fourth Amendment protects against unreasonable searches and seizures. Texas courts require law enforcement to justify stops, detentions, and searches.

If an officer lacked reasonable suspicion to stop you or probable cause to search, evidence obtained may be suppressed. A suppression ruling can weaken or completely dismantle the prosecution’s case. Without legal representation, these constitutional issues are often overlooked or improperly raised.

### Constructive Possession And Shared Spaces

One of the most common issues in Galveston possession cases involves constructive possession. Prosecutors use this theory when drugs are found in a shared space, such as a car with multiple occupants or a residence with roommates.

Texas courts require the State to prove affirmative links connecting a person to the substance. These links may include fingerprints, admissions, or exclusive access. When these links are weak, a defense lawyer can expose gaps in the State’s evidence.

### Field Tests And Laboratory Testing Issues

Police often rely on roadside field tests to identify suspected controlled substances. These tests are notoriously unreliable and prone to false positives.

Texas law requires proper laboratory analysis to confirm the identity and weight of a substance. Chain of custody issues, contamination, and testing errors can all undermine the prosecution’s case. A lawyer examines these technical details carefully.

### Why Self-Representation Is Risky In Possession Cases

Some people consider representing themselves or pleading guilty quickly to move on. This decision often leads to harsher outcomes than expected.

Texas prosecutors rarely offer favorable resolutions without legal pressure. Without understanding sentencing options, diversion programs, or evidentiary defenses, people often accept penalties that could have been avoided or reduced.

### How A Defense Lawyer Protects Your Rights

A criminal defense lawyer reviews every aspect of the case, from the initial stop to the final lab report. We examine police conduct, challenge unlawful searches, cross-examine witnesses, and negotiate with prosecutors from a position of strength.

Legal representation also ensures deadlines are met, motions are properly filed, and opportunities for dismissal or reduction are pursued aggressively.

## Frequently Asked Questions About Possession Of A Controlled Substance In Galveston

### Do I Need A Lawyer If This Is My First Drug Charge?

Yes. First-time possession charges can still result in jail time and a permanent criminal record. A lawyer can explore dismissal options, diversion programs, and suppression issues that are rarely offered without representation.

### Can I Be Convicted If The Drugs Were Not On Me?

Yes. Texas law allows possession charges based on constructive possession. Prosecutors often rely on proximity and alleged control. A lawyer can challenge whether the State can prove affirmative links.

### Will A Possession Conviction Stay On My Record?

In most cases, yes. A conviction becomes part of your criminal history. Some cases may qualify for record sealing or expunction, but eligibility depends on how the case is resolved.

### What Happens If The Search Was Illegal?

If a search violated constitutional protections, evidence may be suppressed. Without the evidence, the prosecution may be forced to dismiss or reduce the charge.

### Are Field Drug Tests Reliable Evidence?

Field tests are not definitive. Laboratory testing is required to confirm the identity and weight of a substance. Errors in testing can weaken the State’s case.

### Can I Go To Jail For Less Than One Gram?

Yes. Possession of less than one gram of certain substances is a state jail felony under Texas law.

### Does Possession Mean Ownership?

No. Possession refers to custody, control, or management. Ownership is not required for a conviction.

### Can A Possession Charge Affect My Job?

Yes. Many employers conduct background checks. A drug conviction can limit employment opportunities and professional licensing.

### What If Someone Else Left The Drugs In My Car?

Prosecutors may still file charges. A lawyer can challenge whether the State can prove you knowingly possessed the substance.

### Should I Talk To Police Without A Lawyer?

No. Statements made to law enforcement are often used against you. It is best to assert your right to remain silent and speak with a lawyer.

## Call Mark Diaz & Associates For Representation On A Drug Possession Charge

If you are facing a possession of a controlled substance charge in Galveston, timing matters. Early intervention can change the direction of a case. At Mark Diaz & Associates, we take a direct, personal approach to every case we handle.

When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

We represent clients in Galveston and throughout the city of Houston, Texas. To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Drug Possession

---

### [Do I Need A Lawyer For A Simple Assault Charge In Galveston?](https://texascriminaljustice.com/do-i-need-a-lawyer-for-a-simple-assault-charge-in-galveston/)

**Published:** February 19, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![assault](https://texascriminaljustice.com/wp-content/uploads/2022/12/Diaz-3.-Crimes-Considered-Assault-That-You-May-Not-Be-Aware-Of_December-2022.jpg "assault")

An arrest for simple assault in Galveston may seem minor, but Texas law treats these cases seriously. Even low-level allegations can result in jail time, a permanent criminal record, firearm restrictions, and career setbacks. Charges often arise from disputes between neighbors, family members, coworkers, or strangers, sometimes with minimal or no physical injury. Police make quick decisions, often relying on one-sided statements made in stressful situations. For these reasons, even a “simple” assault charge requires prompt and careful attention.

We represent individuals charged with assault in [Galveston](https://www.galveston.com/) and Houston. Early legal involvement can significantly affect the outcome. Preserving evidence, reviewing witness statements, and identifying defenses early are essential to avoid negative results. Below, we outline how Texas assault law works, what is at stake, and when hiring a lawyer is advisable.

## What Texas Law Considers “Simple Assault”

Texas does not label offenses as “simple assault” in the statute, but the term commonly refers to misdemeanor assault under [Texas Penal Code § 22.01](https://law.justia.com/codes/texas/2005/pe/005.00.000022.00.html). A person can be charged even without physical injury. The statute allows three primary theories:

- Causing bodily injury to another person, including a spouse or dating partner.
- Threatening another with imminent bodily injury, even if no contact occurs.
- Causing physical contact that the other person reasonably finds offensive or provocative.

This broad definition often surprises people. Actions such as a shove, a raised fist, or a verbal threat during an argument may be sufficient for a charge. Officers frequently rely on the complainant’s statement, visible emotions, or minor marks. Body camera footage may not show the full context. These gaps highlight the importance of a strong defense.

## Assault Penalty Levels Under Texas Law

The punishment depends on the facts and the relationship between the parties.

### Class C Misdemeanor Assault

- Usually applies to offensive or provocative contact without injury.
- Punishable by a fine of up to $500.
- No jail, but still a criminal case that appears on background checks.

### Class B Misdemeanor Assault

- Often charged when there is a threat of imminent bodily injury.
- Punishable by up to 180 days in jail and a fine of up to $2,000 under Penal Code § 12.22.

### Class A Misdemeanor Assault

- Applies when bodily injury is alleged.
- Punishable by up to one year in jail and a fine of up to $4,000 under Penal Code § 12.21.

### Family Violence Enhancements

When the allegation involves a family member, household member, or dating partner, additional consequences apply. A single Class A misdemeanor with a family violence finding can affect firearm rights under federal law and complicate future cases.

### Why “No Injuries” Does Not Mean “No Risk”

Many clients tell us they were arrested even though no one was hurt. Texas law allows that. A threat alone can support a charge. Police may also arrest to defuse a situation, especially in domestic calls, even when both parties share blame. Prosecutors can proceed without photos of injuries, relying on statements and demeanor. Without a lawyer pushing back, those weak cases often move forward anyway.

### How Assault Charges Affect Your Record And Future

An assault arrest can impact more than a court date.

- Employment and licensing checks often flag assault cases.
- Housing applications can be denied based on pending charges.
- Professional licenses may require disclosure.
- Immigration status can be affected, even by misdemeanors.
- Firearm possession can be restricted in family violence cases.

Dismissals, reductions, and deferred outcomes are possible, but they require planning. Texas expunction and nondisclosure laws are technical, and eligibility depends on how the case ends.

### Common Defenses To Simple Assault Charges

Every case turns on facts. Common defense angles include:

- Self-Defense Or Defense Of Others under Penal Code Chapter 9.
- Lack Of Intent, especially in crowded or chaotic settings.
- False Or Exaggerated Accusations, often after arguments.
- Mutual Combat, where both parties engaged.
- Insufficient Evidence, including inconsistent statements or missing proof.

We analyze police reports, body camera footage, 911 calls, and witness accounts. Early intervention allows us to identify leverage before positions harden.

### Do You Really Need A Lawyer For A Misdemeanor Assault?

Short answer: often, yes. Prosecutors handle high volumes of assault cases. Without counsel, defendants may accept pleas that carry hidden consequences. A lawyer can challenge probable cause, negotiate reductions, seek dismissals, or secure alternatives like deferred dispositions. Even Class C cases deserve attention if your record and reputation matter.

### What Happens If You Wait Too Long To Hire Counsel

Delay can hurt your case. Witness memories fade. Video is overwritten. Protective orders may be issued without your input. Statements made without advice can be misinterpreted. Hiring counsel early helps control the narrative and protect your rights.

### How Our Approach Makes A Difference

We focus on preparation and personal involvement. We review evidence line by line, identify inconsistencies, and press for fair outcomes. We also advise on collateral issues like protective orders and record-clearing options when available.

## Frequently Asked Questions About Simple Assault Charges In Galveston

### Do I Have To Go To Jail For A First-Time Simple Assault Charge?

Not necessarily. Many first-time cases resolve without jail, especially when injuries are minor or disputed. Outcomes depend on the charge level, the evidence, and whether aggravating factors exist. Legal advocacy improves the chance of a non-jail resolution.

### Can Someone Be Charged With Assault Based Only On A Threat?

Yes. Texas law allows assault charges for threats of imminent bodily injury. No physical contact is required. These cases often turn on credibility, which is why evidence review matters.

### Will A Simple Assault Stay On My Record Forever?

It depends on how the case ends. Dismissals may qualify for expunction. Deferred outcomes may allow nondisclosure after waiting periods. Convictions limit options. Planning the exit strategy early is critical.

### What Is A Family Violence Finding And Why Does It Matter?

A family violence finding affects firearm rights and future cases. Even a misdemeanor can trigger federal consequences. Challenging that finding is often a priority.

### Can The Alleged Victim Drop The Charges?

The complaining witness cannot dismiss a case once filed. Prosecutors decide whether to proceed. However, cooperation levels and credibility still matter in negotiations.

### What If Both People Were Arguing Or Fighting?

Mutual conduct is common. Police may arrest one person anyway. A lawyer can present context, identify shared fault, and argue for dismissal or reduction.

### Should I Talk To The Police To Explain My Side?

We usually advise caution. Statements can be misunderstood or used against you. Speaking with counsel first protects your position.

### How Long Does A Misdemeanor Assault Case Take?

Timelines vary by court and complexity. Some cases resolve quickly; others take months. Early work can shorten the process.

### Can Assault Charges Affect My Immigration Status?

Yes. Certain outcomes can have immigration consequences. Non-citizens should seek advice before accepting any plea.

### Is Probation Available For Assault Cases?

Yes. Texas allows community supervision in many misdemeanor cases. Terms vary and can be demanding. The goal is often to avoid conviction where possible.

## Call Mark Diaz & Associates For Help With An Assault Charge

Local courts have procedures, preferences, and calendars that affect strategy. Familiarity with prosecutors and judges helps set realistic expectations and identify opportunities for resolution.

If you are facing an assault charge in Galveston or anywhere across Houston, timing matters. Mark Diaz & Associates handles assault cases with personal attention and careful preparation.

When you hire us, you work directly with us. Our clients have our personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, we remain personally involved and accessible.

If you are facing criminal charges, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout all of Houston, Texas.

**Categories:** Assault

---

### [How A Criminal Defense Lawyer Challenges Breath And Blood Tests In Galveston DWIs](https://texascriminaljustice.com/how-a-criminal-defense-lawyer-challenges-breath-and-blood-tests-in-galveston-dwis/)

**Published:** February 11, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![BreathTestWordMedicalTermWordWithMedicalConceptsIn](https://texascriminaljustice.com/wp-content/uploads/2026/02/breathalyzer.jpg "BreathTestWordMedicalTermWordWithMedicalConceptsIn")

A DWI arrest in Galveston often hinges on breath or blood test results. Many assume a reading over 0.08 ends the case, but Texas law requires strict adherence to constitutional, scientific, and technical standards. If law enforcement fails to follow these requirements, the evidence may become unreliable or inadmissible.

We represent clients charged with DWI in Galveston and Houston, regularly challenging breath and blood tests under Texas law. The State must prove intoxication beyond a reasonable doubt, regardless of test results. Below, we outline how these tests are challenged in court and the legal protections available.

## Understanding Texas DWI Law And Chemical Testing

Under Texas Penal Code § 49.04, a person commits Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated. The statute defines intoxication in two ways:

- Not having the normal use of mental or physical faculties due to alcohol or drugs; or
- Having an alcohol concentration of 0.08 or more.

The second definition is often called the “per se” theory. Breath and blood tests are used to support that theory. However, the State must also comply with Texas Transportation Code Chapter 724, which governs implied consent, license suspension procedures, and the legal framework for obtaining specimens.

Testing is not automatic. It must comply with the Fourth Amendment’s constitutional protections. If police obtain a specimen without proper consent or a valid warrant, the evidence may be suppressed.

### Challenging The Legality Of The Traffic Stop

Every DWI case begins with a stop. If the officer lacked reasonable suspicion to pull the vehicle over, everything that followed may be invalid.

Officers often claim:

- Failure to maintain a single lane
- Speeding
- An anonymous tip
- Minor equipment violations

We review dashcam and bodycam footage to ensure the stop was justified by specific, articulable facts. Vague claims, such as the driver “looked suspicious,” are insufficient. If the stop was unlawful, we move to suppress all subsequent evidence, including breath and blood test results.

### Attacking The Arrest And Probable Cause

Even if the stop was lawful, the officer must establish probable cause before requesting a specimen. Indicators like red eyes, alcohol odor, or slurred speech are subjective.

We scrutinize:

- Field sobriety test instructions
- Officer training and certification
- Whether tests were administered on uneven surfaces
- Weather conditions and lighting

If probable cause was lacking, any subsequent chemical test may be excluded.

## Breath Test Challenges In Galveston DWIs

Breath tests in Galveston County are typically conducted using the Intoxilyzer 9000. These machines are regulated by the Texas Department of Public Safety. However, they are not infallible.

### Machine Calibration And Maintenance Issues

Breath testing devices must be properly maintained and regularly calibrated. Maintenance logs often reveal gaps, errors, or overdue inspections. If the machine is not operating within the required standards, the result may be unreliable.

### Operator Certification Problems

Only certified operators may administer breath tests. If the officer’s certification lapsed or procedures were not followed precisely, the results can be challenged in court.

### Observation Period Violations

Texas regulations require a continuous observation period before administering a breath test to ensure the subject does not burp, vomit, or place anything in their mouth. Even a small deviation can affect the reading.

### Partition Ratio And Scientific Uncertainty

Breath machines assume a standard partition ratio between breath alcohol and blood alcohol. That ratio varies among individuals. We often cross-examine the State’s witnesses about this scientific assumption and how it can produce inaccurate results.

## Blood Test Challenges Under Texas Law

Blood tests are often viewed as stronger evidence, but they are also vulnerable to legal attack.

### Warrant Issues

Under Supreme Court precedent, police generally need a warrant to draw blood unless valid consent is given. If the warrant affidavit lacks probable cause or contains false statements, we can move to suppress the blood result.

### Chain Of Custody Problems

The State must prove that the blood sample tested is the same one drawn from the accused. Breaks in the chain of custody, labeling errors, or improper storage conditions can raise doubt about reliability.

### Improper Storage And Fermentation

Blood must be preserved with appropriate chemicals and stored correctly. If not refrigerated or properly sealed, fermentation can artificially raise alcohol concentration levels.

### Laboratory Errors

We review lab procedures, analyst qualifications, and quality control records. Human error happens in forensic labs. Cross-examination often reveals assumptions and procedural shortcuts.

## Confrontation Clause Challenges

Under the Sixth Amendment, a defendant has the right to confront witnesses. If the State attempts to introduce lab reports without producing the actual analyst who performed the testing, we object. Courts have ruled that defendants have the right to question forensic analysts directly.

## Administrative License Suspension Hearings

Under Texas Transportation Code § 524.011, a driver may face an administrative suspension in addition to the criminal case. These hearings provide an early opportunity to challenge:

- The legality of the stop
- Probable cause
- The validity of the refusal or test

Testimony obtained during these hearings can be used later in criminal court.

## Scientific Defenses To Breath And Blood Testing

Alcohol absorption and elimination rates vary significantly. A person’s blood alcohol concentration can rise after driving but before testing. This is known as a “rising BAC” defense.

Medical conditions such as:

- GERD
- Diabetes
- Ketosis

can affect breath readings. Certain medications and mouth alcohol contamination also influence results.

We work with forensic toxicologists when necessary to present alternative explanations to the jury.

## Suppression Motions And Pretrial Litigation

Before trial, we file motions to suppress illegally obtained evidence. If the judge grants suppression, the State may lose its strongest evidence. That often leads to dismissal or favorable plea negotiations.

Even when suppression is not granted, weaknesses in testing procedures can be used to create reasonable doubt before a jury.

## Frequently Asked Questions About Breath And Blood Tests In Galveston DWI Cases

### Can I Refuse A Breath Or Blood Test In Texas?

Texas has an implied consent law under the Transportation Code. If you refuse testing, your license can be suspended administratively. However, refusal does not automatically result in a criminal conviction. In some cases, refusal prevents the State from obtaining chemical evidence unless they secure a warrant. We evaluate whether refusal may have helped or harmed your defense based on the specific facts.

### Do Police Always Need A Warrant For A Blood Draw?

Generally, yes. The Supreme Court has held that warrantless blood draws are usually unconstitutional unless voluntary consent is given. If officers claim consent but used pressure or misleading statements, we challenge whether consent was truly voluntary.

### Are Breath Tests Always Accurate?

No machine is perfect. Breath testing devices rely on assumptions about human physiology. Environmental factors, maintenance issues, and user error can affect readings. We examine maintenance logs and testing protocols in every case.

### What Happens If The Machine Was Not Properly Maintained?

Improper maintenance can undermine reliability. If calibration checks were missed or failed, the results may be excluded or given little weight by a jury.

### Can Medical Conditions Affect Test Results?

Yes. Conditions such as acid reflux can introduce mouth alcohol into a breath sample. Diabetes and certain diets can produce compounds that interfere with breath testing devices.

### How Long Does The State Have To Test My Blood?

Laboratories must follow established procedures. Delays, improper storage, or contamination can compromise results. We investigate storage logs and chain of custody documentation.

### What If The Officer Did Not Observe Me Before The Breath Test?

Texas regulations require an observation period to prevent contamination. If that did not occur, the reliability of the breath test is questionable.

### Can A Blood Test Be Wrong?

Yes. Blood testing involves human handling, chemical preservatives, and analytical equipment. Errors can occur at any stage. We analyze lab documentation for discrepancies.

### Will A High Test Result Automatically Lead To Conviction?

No. The State must prove intoxication beyond a reasonable doubt. Even a high number can be challenged if the test was improperly obtained or scientifically unreliable.

### Should I Hire A Lawyer Even If I Failed The Test?

Absolutely. Chemical test results are not self-proving. A thorough review of constitutional and scientific issues often reveals defenses that are not obvious at first glance.

## Why Legal Representation Matters In Galveston DWI Cases

Breath and blood evidence often appear strong on paper. However, DWI cases are technical. They require knowledge of constitutional law, forensic science, and Texas criminal procedure. A careful review of every step, from the stop to the lab analysis, can expose weaknesses that make a difference in court.

A conviction under Texas Penal Code § 49.04 can result in fines, jail time, license suspension, and long-term consequences. Challenging chemical testing evidence is often central to protecting your record and your future.

## Contact Mark Diaz & Associates For Your Free Consultation

If you have been charged with DWI in Galveston or anywhere in Houston, do not assume the breath or blood test result ends your case. At Mark Diaz & Associates, we examine every detail of the stop, arrest, warrant, and laboratory process. We fight to suppress unreliable evidence and protect your rights at every stage.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The firm represents clients in[ Galveston](https://www.galveston.com/) and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

**Categories:** DWI Attorney

---

### [What To Do If You Have An Active Warrant In Galveston County](https://texascriminaljustice.com/what-to-do-if-you-have-an-active-warrant-in-galveston-county/)

**Published:** February 16, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![search warrant](https://texascriminaljustice.com/wp-content/uploads/2025/08/Diaz-4-Can-Police-Search-Your-Car-Without-a-Warrant-During-a-Texas-Traffic-Stop_August-2025.jpg "search warrant")

Discovering an active warrant in Galveston County can be stressful. You may be concerned about arrest at work, during a traffic stop, or at home. Many are unsure of the warrant’s cause, whether it is a missed court date, probation issue, or new charge. Some only learn of a warrant during a law enforcement stop. Under Texas law, an active warrant authorizes officers to arrest you. Your response can significantly affect your case and the time you spend in custody.

We represent clients in[ Galveston](https://www.galveston.com/) and Houston facing arrest warrants for misdemeanors and felonies. Prompt, informed action is essential. Below, we outline what warrants are, how they are issued under Texas law, and the immediate steps you should take if you discover a warrant has been issued for you.

## Understanding What An Active Warrant Means Under Texas Law

Under[ Texas Code of Criminal Procedure Article 15.01](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm), an arrest warrant is a written order issued by a magistrate that commands a peace officer to take a person into custody. The warrant must name the person accused and state the offense charged. It is based on a complaint supported by probable cause.

There are several common types of warrants in Galveston County:

- Arrest warrants based on new criminal charges.
- Capias warrants are issued after an indictment or information.
- Capias pro fine warrants for unpaid fines.
- Bench warrants for failure to appear in court.
- Blue warrants issued for alleged probation or parole violations.

Once a warrant is active, law enforcement can arrest you at any time. Under Texas Code of Criminal Procedure Article 15.16, an officer executing a warrant must inform you of the warrant and show it to you if requested.

An active warrant does not mean you are guilty. It means a court has determined there is probable cause or that you have failed to comply with a court order.

### How Warrants Are Issued In Galveston County

Most warrants begin with a complaint filed by law enforcement or a prosecutor. Under Article 15.04 of the Texas Code of Criminal Procedure, a complaint is a sworn statement alleging that a person has committed an offense. If a magistrate finds probable cause, the warrant is signed and entered into state and national databases.

In felony cases, the matter may be presented to a grand jury under Article 20.01. If the grand jury returns an indictment, a capias is issued under Article 23.01. That capias directs law enforcement to arrest the accused and bring them before the court.

Bench warrants are often issued under Article 23.04 when someone fails to appear in court as required. This can happen even in minor misdemeanor cases.

Understanding how your warrant was issued helps determine the best strategy to resolve it.

### The Risks Of Ignoring An Active Warrant

Ignoring a warrant is a common and serious mistake. Warrants do not expire or disappear under Texas law.

An active warrant can result in:

- Arrest during a routine traffic stop.
- Arrest at your home or workplace.
- Denial of bond in some cases.
- Additional charges for failure to appear under Texas Penal Code Section 38.10.
- Negative impact on employment and professional licenses.

Delaying action can result in stricter bond conditions. Judges typically view voluntary surrender more favorably than avoiding court.

### What To Do Immediately If You Discover A Warrant

First, confirm the warrant. We routinely check court records and law enforcement databases for clients. Do not contact law enforcement directly without legal advice.

The second step is to contact a criminal defense attorney immediately. Under Article 1.051 of the Texas Code of Criminal Procedure, you have the right to representation. Having counsel before surrendering can protect you from unnecessary statements and improve your chances of obtaining a reasonable bond.

Third, arrange a controlled surrender if appropriate. We often coordinate with the court and the Galveston County Sheriff’s Office to schedule voluntary surrenders, which demonstrates responsibility and usually results in a smoother booking process.

### Voluntary Surrender Versus Waiting To Be Arrested

Voluntary surrender can positively influence the start of your case. Appearing with counsel and turning yourself in demonstrates to the court that you take the matter seriously.

Under Article 17.15 of the Texas Code of Criminal Procedure, judges consider several factors when setting bail, including:

- The nature of the offense.
- The defendant’s ability to make bail.
- The safety of the community.
- The risk of flight.

By presenting you voluntarily, we can advocate for reasonable bond conditions. Waiting for an unexpected arrest often causes unnecessary stress and delays your release.

### Bond And Release In Galveston County

Once arrested, you must be brought before a magistrate without unnecessary delay under Article 15.17. At this hearing, you are informed of the charges and your rights. Bond is typically addressed at this stage.

Texas law allows for personal bonds, cash bonds, or surety bonds under Chapter 17 of the Texas Code of Criminal Procedure. The court may also impose conditions such as drug testing, no-contact orders, or electronic monitoring.

If the bond is set too high, we can request a bond reduction hearing. Excessive bail is prohibited under the Eighth Amendment and Article 1, Section 11 of the Texas Constitution.

### Special Considerations For Probation Violation Warrants

If your warrant involves a motion to revoke probation, the stakes are high. Under Texas Code of Criminal Procedure Article 42A.751, the court may revoke probation and impose the original sentence.

Blue warrants, often issued for parole violations, can result in a hold without bond. These require immediate legal attention to assess the alleged violation and possible defenses.

Promptly addressing a probation-related warrant may prevent revocation or reduce potential consequences.

### Defending Against The Underlying Charge

Resolving the warrant is only the first step. The next issue is defending the underlying criminal charge.

We examine:

- Whether probable cause existed.
- Whether your constitutional rights were violated.
- Whether evidence was obtained unlawfully.
- Whether witnesses are credible.

Under Texas Penal Code Section 2.01, the prosecution must prove each element of the offense beyond a reasonable doubt. A warrant does not mean the case cannot be challenged.

### Protecting Your Record And Future

An arrest can affect employment, housing, and immigration status. If charges are dismissed or you are acquitted, you may qualify for expunction under [Texas Code of Criminal Procedure Chapter 55](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A). In some cases, an order of nondisclosure under Government Code Section 411.072 may be available.

Addressing the warrant quickly increases your options later.

## Frequently Asked Questions About Active Warrants In Galveston County

### Can I Be Arrested At Home If I Have An Active Warrant?

Yes. If law enforcement has a valid arrest warrant, officers can come to your home to execute it. Under Texas Code of Criminal Procedure Article 15.25, an officer may break down a door if refused admittance after giving notice of authority and purpose. This is why addressing the warrant proactively is important. Voluntary surrender often prevents an unexpected arrest at home in front of your family. We work to coordinate surrenders so they occur in a controlled and respectful manner.

### Will I Automatically Go To Jail If I Turn Myself In?

Not necessarily. Many defendants are processed and released on bond the same day, depending on the charge and bond amount. At the Article 15.17 hearing, a magistrate will review the charge and set bond. In misdemeanor cases, release can happen within hours. In felony cases, it may take longer. Appearing with counsel can streamline the process and increase the likelihood of a manageable bond.

### How Do I Find Out If I Have A Warrant In Galveston County?

You can search public records or contact an attorney to verify. We frequently check court databases and confirm whether a warrant is active. It is important not to ignore rumors or assumptions. Confirming the status allows us to create a plan before law enforcement makes contact.

### What Happens If I Ignore A Failure To Appear Warrant?

Failure to appear can lead to additional charges under Texas Penal Code Section 38.10. It can also result in higher bond amounts and fewer favorable options. Courts view repeated absences seriously. Addressing the issue quickly may allow your attorney to explain the circumstances and reduce the impact.

### Can I Be Stopped For Something Minor And Then Arrested On A Warrant?

Yes. Even a minor traffic stop can result in an arrest if a warrant is found in the system. Officers routinely check for outstanding warrants during stops. This is one of the most common ways people are taken into custody.

### Is There A Way To Clear A Warrant Without Going To Jail?

In some limited situations, an attorney may be able to file a motion to quash a warrant or resolve certain misdemeanor warrants without custody. This depends on the type of warrant and the court involved. Each case must be evaluated individually.

### What If The Warrant Is For A Felony?

Felony warrants are serious and require immediate action. Bond may be higher, and conditions may be stricter. In some cases, a grand jury indictment has already been issued. Acting quickly allows us to prepare for bond arguments and begin building a defense strategy immediately.

### Can A Warrant Affect My Job Or Professional License?

Yes. An arrest may appear in background checks. Some professions require disclosure of pending charges. Addressing the warrant and pursuing dismissal or reduction can help protect your career.

### What If I Have A Warrant In Another County But Live In Galveston?

You can still be arrested locally and held for transfer. We often coordinate with out-of-county courts to arrange surrender or bond so that you are not held unnecessarily.

### Should I Talk To Police About The Underlying Charge?

No. You have the right to remain silent under the Fifth Amendment. Speaking without counsel can harm your defense. It is better to consult an attorney before answering any questions.

# Take Control Of Your Case With Mark Diaz & Associates

If you have an active warrant in Galveston County, time matters. The sooner you address it, the more options you have. At Mark Diaz & Associates, we represent clients in Galveston and throughout Houston who are facing arrest warrants for misdemeanors and felonies. We take immediate action to confirm the warrant, coordinate surrender when appropriate, argue for fair bond conditions, and build a strong defense from the start.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We are ready to protect your rights and help you move forward with confidence.

**Categories:** Criminal Defense Lawyer

---

### [Can You Be Federally Charged For Buying Drugs Online In Texas?](https://texascriminaljustice.com/can-you-be-federally-charged-for-buying-drugs-online-in-texas/)

**Published:** February 18, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/01/drug-trafficking.jpg "drug trafficking")

Buying drugs online may appear private and low risk, but this perception is misleading. In Texas, ordering controlled substances online can result in both state and federal criminal charges. The use of U.S. mail, interstate commerce, or overseas sellers often triggers federal jurisdiction. We represent clients in Galveston and Houston who are often surprised to find that an online order can lead to a serious felony investigation.

Purchasing drugs online creates a digital trail. Payment records, IP addresses, shipping labels, and tracking numbers may all serve as evidence. Federal agencies such as the DEA, Homeland Security, or U.S. Postal Inspectors often become involved. Consequences include prison time, asset forfeiture, and a permanent federal record.

Below, we outline how Texas and federal laws apply, when federal charges may arise, and potential defenses.

## How Texas Law Treats Buying Drugs Online

Under Texas law, most drug crimes fall under the [Texas Controlled Substances Act](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf), found in Texas Health and Safety Code Chapter 481. Section 481.115 addresses possession of a Penalty Group 1 substance, which includes cocaine, heroin, methamphetamine, and fentanyl. Even a small amount can lead to a state jail felony.

If you order drugs online and the package is delivered to your home in Galveston or Houston, prosecutors may charge you with possession once you have control of the drugs. Larger quantities may result in charges of possession with intent to deliver under Section 481.112, which carries harsher penalties.

The penalty range depends on the weight of the substance. For Penalty Group 1:

- Less than one gram is a state jail felony.
- One to four grams is a third-degree felony.
- Four to 200 grams is a second-degree felony.
- Larger quantities can lead to first-degree felony charges.

Obtaining prescription medications without a valid prescription, such as oxycodone or Xanax, can also result in felony charges under Section 481.117.

Texas prosecutors only need to prove possession; evidence of sale is not required.

### When Federal Law Applies To Online Drug Purchases

Federal charges often arise when drugs are shipped across state lines or through international mail. Federal prosecutors rely on statutes such as:

- **21 U.S.C. § 841** – Possession with intent to distribute
- **21 U.S.C. § 844** – Simple possession
- **21 U.S.C. § 846** – Conspiracy to distribute controlled substances
- **21 U.S.C. § 843(b)** – Use of communication facilities to facilitate drug trafficking

If you used the internet, a messaging app, or email to arrange a drug purchase, prosecutors may argue that you used a communication facility to commit a felony drug offense.

Federal cases frequently involve larger quantities, repeated purchases, or evidence suggesting redistribution. However, even a single shipment can trigger federal charges if it crosses borders.

Federal sentencing guidelines are strict. Drug weight, prior convictions, and firearm involvement can increase penalties. There is no federal parole, so most of the sentence must be served.

### The Role Of The U.S. Mail And Interstate Commerce

Online drug purchases often become federal cases when the U.S. Postal Service or private carriers such as UPS or FedEx are used. Mailing drugs establishes federal jurisdiction.

If postal inspectors intercept a package, they may conduct a controlled delivery. Law enforcement allows the package to be delivered while monitoring the recipient. Arrests often follow once the package is accepted.

Interstate commerce also matters. If you buy from another state or another country, the federal government has authority under the Commerce Clause. That authority is broad and frequently used in drug cases.

### Conspiracy Charges And Online Marketplaces

Online drug purchases often involve multiple parties, including sellers, buyers, and intermediaries. Federal prosecutors frequently charge conspiracy under 21 U.S.C. § 846.

A conspiracy charge does not require the successful delivery of drugs. An agreement and an overt act are sufficient. Payment confirmations, chat messages, or shipment tracking may serve as evidence.

In federal court, conspiracy penalties match those of the underlying offense. You may face the same punishment as someone charged with distribution.

### Digital Evidence In Online Drug Cases

Online drug cases are built on digital evidence. Law enforcement may rely on:

- IP address tracking
- Cryptocurrency transaction records
- Email and messaging logs
- Search histories
- Shipping records

Search warrants for computers and phones are common. If agents seize your devices, forensic analysis can reveal communications you thought were deleted.

Under [Texas Code of Criminal Procedure Article 18.02](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm), officers must obtain proper search warrants. If a warrant is defective or lacks probable cause, we may challenge the evidence.

### Prescription Drugs And Online Pharmacies

Not all online drug purchases involve street drugs. Many cases involve prescription medications purchased from unlicensed online pharmacies.

Under Texas Health and Safety Code Section 483.041, dispensing a dangerous drug without a valid prescription is unlawful. Buyers who knowingly obtain medication without a prescription may face criminal charges.

Federal law also prohibits importing prescription drugs from foreign pharmacies without proper authorization. Customs and Border Protection regularly intercepts packages at ports and airports in Texas.

### Potential Penalties In Texas And Federal Court

Texas felony convictions can lead to:

- State jail confinement of 180 days to two years
- Third-degree felony punishment of two to ten years
- Second-degree felony punishment of two to twenty years
- First-degree felony punishment of five to ninety-nine years or life

Federal drug convictions can carry mandatory minimum sentences depending on the quantity. Prior convictions can double penalties.

Beyond incarceration, consequences include:

- Loss of professional licenses
- Immigration consequences
- Loss of firearm rights
- Asset forfeiture
- Permanent criminal record

### Defenses To Online Drug Charges

Every case is different. Possible defenses may include:

- Lack of knowledge of the package contents
- Illegal search or seizure
- Entrapment
- Insufficient evidence linking you to the order
- Mistaken identity

If someone else used your address without your knowledge, that matters. If law enforcement violated constitutional protections, that matters. If the prosecution cannot prove intent beyond a reasonable doubt, that matters.

Early legal intervention is critical.

## Frequently Asked Questions About Buying Drugs Online In Texas

### Can I Be Arrested If The Package Was Never Opened?

Yes. Prosecutors may argue that accepting the package shows control and intent. However, knowledge is a key element. If you did not know what was inside, the state must prove that beyond a reasonable doubt. We examine delivery procedures, surveillance footage, and statements to determine whether the evidence truly shows intent.

### What Happens If Customs Intercepts A Package From Overseas?

Customs officials may seize the package and send you a notice of seizure. In some cases, federal agents initiate an investigation. Sometimes nothing further happens. Other times, agents conduct interviews or controlled deliveries. It is critical not to make statements without counsel. Even responding casually to a letter can create evidence.

### Is Buying Steroids Online A Federal Crime?

Anabolic steroids are Schedule III controlled substances under federal law. Ordering them without a prescription can lead to federal charges. Many steroid cases involve international shipments and online payments, which trigger federal jurisdiction.

### Can I Face Charges For Ordering Small Amounts For Personal Use?

Yes. Both Texas and federal law criminalize simple possession. Even small quantities can lead to felony charges depending on the substance. The difference between personal use and distribution affects sentencing, but not necessarily whether charges are filed.

### What If I Used Cryptocurrency To Pay?

Cryptocurrency does not guarantee anonymity. Federal agencies track blockchain transactions. Exchanges often maintain customer records. Payment trails can connect users to specific purchases.

### Can My Home Be Searched Just Because A Package Arrived?

Law enforcement generally needs probable cause and a warrant. However, controlled deliveries and surveillance may support a search warrant application. We review warrants carefully to determine whether they meet constitutional standards.

### Will A Federal Charge Be Worse Than A Texas Charge?

Federal cases often carry stricter sentencing guidelines and no parole. However, outcomes depend on many factors, including criminal history and drug quantity. Each case must be evaluated individually.

### What Should I Do If Agents Contact Me?

You have the right to remain silent and the right to counsel. Do not consent to searches or interviews without legal advice. Statements made early in an investigation are often used later in court.

### Can I Be Charged With Conspiracy Even If I Only Bought Drugs?

Yes. If prosecutors believe you agreed with others to distribute drugs, conspiracy charges may follow. The government may rely on digital communications to prove agreement.

### How Long Does A Federal Drug Case Take?

Federal investigations can last months or even years. Indictments may be sealed until arrests occur. Once charged, federal cases move through pretrial motions, plea negotiations, and possibly a trial.

## Call Mark Diaz & Associates For A Free Consultation About Drug Crime Charges

If you are under investigation or have been charged with buying drugs online in Texas, immediate action matters. Federal and state drug charges can change the course of your life. We represent clients in Galveston and throughout Houston who face serious allegations involving online drug purchases.

At Mark Diaz & Associates, we take a direct, hands-on approach to every case. When you hire us, you work directly with us. Our clients have our personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or treated like a file number. From arrest through resolution, we remain personally involved and accessible.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We stand ready to protect your rights in Galveston and across Houston, Texas.

**Categories:** Drug Crimes

---

### [Pulled Over On I-45 And Arrested For DWI? How These Cases Are Handled In Galveston County](https://texascriminaljustice.com/pulled-over-on-i-45-and-arrested-for-dwi-how-these-cases-are-handled-in-galveston-county/)

**Published:** February 21, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Refuse breathalizer, DWI, DUI, DWI defense lawyer](https://texascriminaljustice.com/wp-content/uploads/2021/04/Refuse-breathalizer-DWI-DUI-DWI-defense-lawyer.jpg "Refuse breathalizer, DWI, DUI, DWI defense lawyer")

A traffic stop on I-45 can change your life in a matter of minutes. One moment you are heading toward Galveston or back to Houston, and the next you are standing on the shoulder of the highway being questioned about alcohol. Many people assume a DWI arrest means an automatic conviction. That is not how Texas law works. Every DWI case in Galveston County must meet specific legal standards, and the State has the burden of proof.

We represent individuals arrested for Driving While Intoxicated throughout [Galveston County](https://www.galvestoncountytx.gov/) and the greater Houston area. We understand how these cases are investigated, prosecuted, and defended. Below, we explain how a DWI case typically unfolds under Texas law and what you should expect if you were arrested on I-45.

## What Counts As DWI Under Texas Law?

In Texas, Driving While Intoxicated is defined by Texas Penal Code § 49.04. A person commits DWI if they are intoxicated while operating a motor vehicle in a public place.

Under [Texas Penal Code § 49.01](https://codes.findlaw.com/tx/penal-code/penal-sect-49-01/), “intoxicated” means either:

- Not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, or a combination of those substances; or
- Having an alcohol concentration of 0.08 or more.

The State does not have to prove both. If prosecutors can show you did not have normal use of your faculties, that alone may support a charge. On the other hand, a blood or breath test showing 0.08 or higher can also support a case even if you appeared steady on your feet.

### How DWI Traffic Stops Begin On I-45

Many DWI arrests on I-45 begin with an alleged traffic violation. Officers may claim:

- Speeding
- Failure to maintain a single lane
- Following too closely
- Expired registration
- A defective taillight

Under the Fourth Amendment and Texas law, law enforcement must have reasonable suspicion to stop your vehicle. If there was no valid legal reason for the stop, any evidence gathered afterward may be subject to suppression.

After the stop, officers often look for “clues” of intoxication, such as:

- Odor of alcohol
- Bloodshot eyes
- Slurred speech
- Open containers
- Admissions about drinking

What you say during this interaction matters. Statements made roadside are often recorded and later used in court.

### Field Sobriety Tests And Roadside Investigation

If the officer suspects intoxication, you may be asked to perform standardized field sobriety tests. These usually include:

- Horizontal Gaze Nystagmus test
- Walk-and-turn test
- One-leg stand test

These tests are designed to detect impairment, but they are not perfect. Medical conditions, fatigue, nerves, poor lighting, and uneven pavement on I-45 can affect performance.

We carefully examine whether the officer properly administered the tests according to National Highway Traffic Safety Administration guidelines. Even small deviations can undermine reliability.

You may also be asked to provide a preliminary breath test. This device is typically used for probable cause purposes and is not the same as the evidentiary breath test performed later.

### Arrest And Chemical Testing

If the officer believes there is probable cause, you may be arrested and transported to jail. At that point, you will be asked to provide a breath or blood sample.

Texas has an implied consent law under [Texas Transportation Code § 724.011](https://statutes.capitol.texas.gov/getstatute.aspx?Code=TN&Value=724). By driving on Texas roads, you are deemed to have consented to chemical testing if lawfully arrested for DWI.

You can refuse testing. However, refusal has consequences. Under [Texas Transportation Code § 724.035](https://statutes.capitol.texas.gov/getstatute.aspx?Code=TN&Value=724.035), a refusal can trigger an automatic driver’s license suspension. If you submit and test at or above 0.08, your license can also be suspended under Texas Transportation Code § 724.022 in certain circumstances.

In many cases, officers now seek search warrants for blood draws. Judges in Galveston County are often available to review electronic warrant applications at all hours. A forced blood draw may occur if a warrant is issued.

### The Administrative License Revocation Process

After a DWI arrest, there are two separate legal tracks:

- The criminal case in court
- The Administrative License Revocation, or ALR, case with the Texas Department of Public Safety

You have only 15 days from the date of arrest to request an ALR hearing. If no request is made, your license suspension may begin automatically.

The ALR hearing gives us an opportunity to challenge:

- Whether the officer had reasonable suspicion to stop you
- Whether there was probable cause to arrest
- Whether you refused or failed a test

It also allows us to question the arresting officer under oath. That testimony can later be used in your criminal case.

### How DWI Charges Are Classified In Texas

A first-offense DWI is typically a Class B misdemeanor under Texas Penal Code § 49.04. If your alcohol concentration was 0.15 or higher, the charge may be enhanced to a Class A misdemeanor.

Penalties for a first offense may include:

- Up to 180 days in jail
- A fine up to $2,000
- License suspension
- Mandatory alcohol education
- Installation of an ignition interlock device

A second DWI is usually a Class A misdemeanor with increased penalties. A third DWI can be charged as a third-degree felony, carrying potential prison time.

If there was a child passenger under 15, the charge may fall under Texas Penal Code § 49.045, which is a state jail felony.

### How DWI Cases Are Handled In Galveston County Courts

Most DWI cases in Galveston County are filed in County Courts at Law. Felony cases are filed in District Court.

The process generally includes:

- Arraignment
- Pretrial settings
- Motion hearings
- Possible plea negotiations
- Trial

During pretrial stages, we evaluate:

- The legality of the stop
- The arrest procedure
- The accuracy of breath or blood testing
- Chain of custody
- Laboratory procedures

Blood testing is often performed at forensic labs. We examine maintenance records, analyst qualifications, and possible contamination issues.

Not every case goes to trial. Some cases may qualify for dismissal, reduction, or pretrial diversion depending on the facts and your criminal history.

### Possible Defenses In A Galveston DWI Case

Every DWI case is fact-specific. Common defense strategies may include:

- Challenging the traffic stop
- Arguing lack of probable cause
- Contesting field sobriety test reliability
- Questioning breath machine calibration
- Attacking blood draw procedures
- Raising medical explanations for test results

In some cases, rising blood alcohol arguments apply. Alcohol absorbs into the bloodstream over time. A test taken an hour after driving may not accurately reflect your level while operating the vehicle.

We also evaluate whether officers complied with constitutional protections. If your rights were violated, courts can suppress evidence.

### Collateral Consequences Of A DWI Conviction

A DWI conviction affects more than just your record. Consequences may include:

- Higher insurance premiums
- Employment issues
- Professional license complications
- Immigration consequences
- Travel restrictions

Unlike many other misdemeanors, a DWI conviction cannot be sealed through an order of nondisclosure in most circumstances. That makes defending the charge critical.

## Frequently Asked Questions About DWI Arrests In Galveston County

### Can The Police Arrest Me For DWI Without A Breath Or Blood Test?

Yes. Texas law does not require a chemical test to support a DWI charge. Under Texas Penal Code § 49.04, intoxication can be proven by loss of normal mental or physical faculties. Officers may testify about your driving behavior, appearance, speech, and performance on field sobriety tests.

That said, cases without chemical evidence are often more defensible. Jurors tend to expect a number. If there is no breath or blood result, the State must rely heavily on officer observations. We analyze body camera footage, dash cam video, and witness statements to test the credibility of those claims.

### What Happens If I Refuse The Breath Or Blood Test?

Refusal triggers the Administrative License Revocation process. Under Texas Transportation Code § 724.035, your license can be suspended for 180 days for a first refusal. A prior alcohol-related enforcement contact can increase that period.

Refusal does not automatically mean you will be convicted. In some cases, refusal removes potentially damaging chemical evidence from the case. However, prosecutors may argue that the refusal shows consciousness of guilt. We address that issue strategically depending on the facts.

### Will I Go To Jail For A First DWI In Galveston County?

Jail is possible but not mandatory in every case. A first-offense DWI carries a minimum confinement of 72 hours under Texas law, though judges sometimes credit time served at arrest.

Many first-time offenders may be eligible for probation. Conditions can include community service, fines, classes, and an ignition interlock device. The outcome depends on your record, the facts, and how the case is handled early on.

### Can A DWI Be Dismissed?

Yes, but not automatically. Dismissals may occur if:

- The stop was illegal
- Evidence is suppressed
- Lab results are flawed
- Witnesses are unavailable

Each case requires a detailed review. Early intervention can identify weaknesses before they become harder to challenge.

### What Is An Ignition Interlock Device?

An ignition interlock is a breath-testing device installed in your vehicle. It prevents the car from starting if alcohol is detected. Courts often require interlock devices as a bond condition or probation term.

In some cases, we can request modifications or removal depending on the circumstances and compliance history.

### How Long Does A DWI Case Take In Galveston County?

Some cases resolve in a few months. Others take a year or more, especially if blood testing is involved. Lab backlogs can delay results. We use that time to investigate and prepare defenses.

Rushing into a plea without reviewing evidence can have long-term consequences. Careful preparation matters.

### Can I Travel Or Leave The State While My Case Is Pending?

Bond conditions vary. Many defendants are allowed to travel within Texas. Travel outside the state may require court approval. Violating bond terms can result in revocation and arrest.

We review bond conditions carefully and request modifications when appropriate.

### Will A DWI Stay On My Record Forever?

A conviction generally remains on your criminal record permanently. Texas law does not allow nondisclosure for most DWI convictions. In limited cases involving deferred adjudication under newer statutes, nondisclosure may be possible after a waiting period, but eligibility is strict.

Avoiding a conviction when possible is critical for long-term record protection.

## Call Mark Diaz & Associates For A Free Consultation for DWI Defense

A DWI arrest on I-45 does not define your future. The decisions made in the days and weeks after your arrest can significantly affect the outcome. At Mark Diaz & Associates, we represent clients in Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you were arrested for DWI in Galveston County, contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). The sooner we review your case, the more options we may have to protect your license, your record, and your future.

**Categories:** DWI Attorney

---

### [Charged With Assault In Galveston? How Evidence Is Used Against You And How A Lawyer Fights Back](https://texascriminaljustice.com/charged-with-assault-in-galveston-how-evidence-is-used-against-you-and-how-a-lawyer-fights-back/)

**Published:** February 22, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Aggravated assault](https://texascriminaljustice.com/wp-content/uploads/2021/10/Aggravated-assault.jpg "Aggravated assault")

An assault charge in Galveston can have immediate and lasting consequences. You may face arrest, bond conditions, and the risk of a permanent criminal record. Texas assault charges can result in jail time, significant fines, and long-term harm to your career and reputation. Even an accusation can impact your employment, professional license, or child custody. We have represented clients in[ Galveston](https://www.galveston.com/) and Houston who never anticipated these challenges. Understanding how Texas law defines assault and how prosecutors use evidence can help you defend your rights.

## How Texas Law Defines Assault

Under[ Texas Penal Code § 22.01](https://law.justia.com/codes/texas/penal-code/title-5/chapter-22/section-22-01/), a person commits assault if they:

- Intentionally, knowingly, or recklessly cause bodily injury to another person
- Intentionally or knowingly threaten another person with imminent bodily injury.
- Intentionally or knowingly cause physical contact with another person when they know or should reasonably believe the other person will regard the contact as offensive or provocative.

The phrase “bodily injury” is defined broadly under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition. This means even minor injuries can support an assault charge.

In many Galveston cases, assault is charged as a Class A misdemeanor. However, the charge can be enhanced to a third-degree felony or higher if certain factors are present. For example, assault against a family member, public servant, or security officer, or assault involving prior convictions, can increase the penalties. Aggravated assault under Texas Penal Code § 22.02 involves serious bodily injury or the use of a deadly weapon and is usually charged as a felony.

## Types Of Assault Charges In Galveston

### Simple Assault

Simple assault often results from fights, arguments, or bar incidents. A push or slap may qualify if it causes pain.

### Assault Family Violence

If the alleged victim is a spouse, dating partner, family member, or household member, prosecutors may file Assault Family Violence charges. These cases often involve protective orders and firearm restrictions under Texas and federal law.

### Aggravated Assault

Aggravated assault involves serious bodily injury or the use of a deadly weapon. A “deadly weapon” under Texas Penal Code § 1.07(a)(17) can include a firearm, knife, or even an object used in a way that is capable of causing death or serious injury.

## How Evidence Is Used Against You

When you are charged with assault in Galveston, the prosecution builds its case by gathering evidence to prove each element beyond a reasonable doubt. We examine how that evidence was collected and whether it can be challenged.

### Police Body Camera And Dash Camera Footage

Officers with the Galveston Police Department or other agencies often wear body cameras. These recordings may capture statements made at the scene, visible injuries, and your behavior during the arrest. Prosecutors may use your own words against you. If you made statements without understanding your Miranda rights under Texas Code of Criminal Procedure Article 38.22, we may challenge their admissibility.

### 911 Calls

911 call recordings are powerful evidence and may reflect emotion, fear, or confusion. Because these calls are made under stress, we assess whether statements were exaggerated, inconsistent, or contradicted by later evidence.

### Alleged Victim Statements

Many assault cases rely heavily on the alleged victim’s testimony. In family violence cases, the State may proceed even if the alleged victim wants to drop the charges. Prosecutors may rely on initial written statements, recorded interviews, or medical reports.

We look closely at inconsistencies, motive to fabricate, prior history, and credibility issues.

### Photographs And Medical Records

Photos of bruises, cuts, or other injuries are often introduced at trial. Medical records may document complaints of pain. However, not all injuries are caused by criminal conduct. We analyze whether the injuries are consistent with the accusations or whether alternative explanations exist.

### Witness Testimony

Neighbors, bystanders, or friends may provide statements. Some witnesses have limited visibility or were influenced by what others told them. We investigate whether witnesses have biases or incomplete knowledge of the event.

### Social Media And Text Messages

In today’s cases, prosecutors frequently introduce text messages, emails, and social media posts. Statements made in anger can be taken out of context. We assess whether digital evidence was obtained lawfully and whether it truly proves intent.

## Your Constitutional Rights Matter

When law enforcement investigates an assault case, your constitutional protections apply. The Fourth Amendment protects you from unreasonable searches and seizures. If officers entered a home without a valid warrant or exception, evidence may be suppressed.

The Fifth Amendment protects your right to remain silent. If you were interrogated in custody without proper warnings, we may file a motion to suppress statements.

The Sixth Amendment guarantees your right to counsel. Once you invoke your right to an attorney, questioning must stop.

Challenging evidence through pretrial motions can significantly weaken the prosecution’s case.

## Defenses To Assault Charges In Texas

Every case is different. We tailor defense strategies to the specific facts.

### Self-Defense

Texas Penal Code § 9.31 allows a person to use force when and to the degree reasonably believed necessary to protect against another’s use or attempted use of unlawful force. If you acted to protect yourself, we present evidence supporting that claim.

### Defense Of Others

Under Texas Penal Code § 9.33, you may use force to protect a third person under certain circumstances. This defense often arises in bar fights or family disputes.

### Lack Of Intent

Assault requires intent, knowledge, or recklessness. Accidental contact without criminal intent may not meet the legal standard.

### False Allegations

We have seen cases involving jealousy, divorce disputes, or custody battles. False accusations are real. We thoroughly investigate the background and context of the allegation.

### Insufficient Evidence

The State must prove guilt beyond a reasonable doubt. If the evidence is weak, inconsistent, or unreliable, we challenge it at every stage.

## The Consequences Of An Assault Conviction

A conviction can result in:

- Jail time
- Fines
- Community supervision
- Protective orders
- Loss of firearm rights
- Immigration consequences for non-citizens
- Damage to employment and professional licenses

For family violence convictions, federal law under 18 U.S.C. § 922(g)(9) can prohibit firearm possession.

Even a misdemeanor conviction can follow you for years.

## How We Fight Back In Galveston Assault Cases

### Early Intervention

We often begin working before formal charges are filed. By presenting favorable evidence early, we may influence charging decisions.

### Independent Investigation

We do not rely solely on police reports. We interview witnesses, gather surveillance footage, and analyze timelines.

### Pretrial Motions

Motions to suppress evidence, motions in limine, and evidentiary challenges can limit what the jury hears.

### Negotiation

In some cases, dismissal, reduction, or pretrial diversion may be available. We negotiate strategically while preparing for trial.

### Trial Advocacy

If necessary, we present your case before a Galveston County jury. We cross-examine witnesses, challenge credibility, and present defensive evidence clearly and forcefully.

## Assault Charges In Galveston And Houston Require Immediate Attention

Assault cases move quickly. Protective orders can be issued soon after arrest. Bond conditions may restrict contact with family members. The sooner we are involved, the more options may be available.

We treat each case with urgency and personal commitment. Your future is too important to leave to chance.

## Texas Assault Charge FAQs

### What Happens After An Assault Arrest In Galveston?

After an arrest, you are usually taken to jail for booking. A magistrate will set bond under the Texas Code of Criminal Procedure Article 17.15. Bond conditions may include no-contact orders, GPS monitoring, or firearms restrictions. The prosecutor then reviews the case for formal charges. Court settings follow, including arraignment and pretrial hearings. Early legal representation can influence bond conditions and protect your rights.

### Can The Alleged Victim Drop The Charges?

In Texas, the decision to prosecute belongs to the State, not the alleged victim. Even if the alleged victim wants the case dismissed, prosecutors may proceed based on other evidence, such as 911 recordings or photographs. That said, a change in the alleged victim’s position can affect negotiations and trial strategy.

### Will An Assault Charge Show Up On A Background Check?

Yes. An arrest and pending charge can appear in criminal history records. Even if the case is dismissed, the record may remain unless you qualify for expunction under Texas Code of Criminal Procedure Chapter 55 or an order of nondisclosure under Government Code § 411.072 and related provisions.

### What Is The Difference Between Assault And Aggravated Assault?

Assault typically involves bodily injury, threats, or offensive contact. Aggravated assault under Texas Penal Code § 22.02 involves serious bodily injury or the use of a deadly weapon. Aggravated assault is usually charged as a felony and carries more severe penalties.

### Can I Claim Self-Defense?

If you reasonably believed force was necessary to protect yourself against unlawful force, self-defense may apply under Texas Penal Code § 9.31. The facts matter. We examine whether your belief was reasonable and whether the force used was proportionate.

### What If There Are No Visible Injuries?

Texas law defines bodily injury broadly. Physical pain alone may satisfy the definition. However, the absence of visible injuries can be a key issue in challenging credibility and the strength of the State’s case.

### Can Text Messages Be Used As Evidence?

Yes. Text messages and social media posts can be introduced if properly authenticated. We examine whether they were obtained legally and whether they truly establish intent or context.

### How Long Does An Assault Case Take?

The timeline varies depending on whether the charge is a misdemeanor or felony, the court’s schedule, and the complexity of the evidence. Some cases resolve in months; others take longer, especially if set for trial.

### Will I Lose My Gun Rights?

A family violence conviction can trigger firearm prohibitions under federal law. Protective orders may also restrict possession while in effect. The specific impact depends on the charge and outcome.

### Should I Talk To The Police To Explain My Side?

You have the right to remain silent. Statements made to police can be used against you. It is usually best to consult with counsel before making any statement.

## Speak Directly With Mark Diaz & Associates About Your Assault Charge

If you are charged with assault in Galveston or anywhere in Houston, the steps you take now matter. Mark Diaz & Associates provides focused criminal defense representation for clients facing serious allegations. We understand Texas assault law, local court procedures, and how prosecutors build these cases.

When you hire us, you work directly with us. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout Houston, Texas. Your defense starts with a conversation.

**Categories:** Assault And Battery Lawyer

---

### [Defending Against Felony Drug Possession Charges In Galveston](https://texascriminaljustice.com/defending-against-felony-drug-possession-charges-in-galveston/)

**Published:** February 23, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![possession of drug paraphernalia](https://texascriminaljustice.com/wp-content/uploads/2022/04/possession-of-drug-paraphernalia.jpg "possession of drug paraphernalia")A felony drug possession charge in Galveston County can have immediate and lasting effects on your life. Texas law treats controlled substance cases aggressively, regardless of the amount involved. A conviction can impact your freedom, finances, career, and reputation for years. Early legal decisions are critical to the outcome. Our goal is to help you understand your situation and the defense options that may protect your future.

At Mark Diaz & Associates, we represent individuals facing felony drug possession charges in[ Galveston County](https://www.galvestoncountytx.gov/) and the greater Houston area. We understand how local prosecutors build these cases and where weaknesses may exist. Below, we outline how Texas law addresses felony possession and potential defense strategies.

## Understanding Felony Drug Possession Under Texas Law

Texas classifies most drug possession offenses under Texas Health and Safety Code Chapter 481. The specific charge depends on the type of substance and the amount allegedly possessed. Under [Texas Health and Safety Code § 481.115](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.115), possession of a Penalty Group 1 substance, such as cocaine, heroin, methamphetamine, or certain opioids, can quickly rise to a felony level.

For example:

- Less than one gram of a Penalty Group 1 substance is a state jail felony.
- One to four grams is a third-degree felony.
- Four to 200 grams is a second-degree felony.
- Larger amounts can lead to first-degree felony charges.

Other drug groups, including Penalty Groups 1-A, 2, 2-A, 3, and 4, are governed by related statutes such as [Texas Health and Safety Code § 481.116 through § 481.118](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf). Each group carries its own punishment range.

Texas also recognizes “possession” broadly. Under [Texas Health and Safety Code § 481.002(38)](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.002), possession means actual care, custody, control, or management of the substance. This definition allows prosecutors to pursue cases even when drugs are not found directly on a person’s body.

## Potential Penalties For Felony Drug Possession

Felony drug convictions in Texas carry severe consequences that extend well beyond jail time. The punishment range depends on the degree of felony charged under the [Texas Penal Code § 12.21 through § 12.35](https://tcss.legis.texas.gov/resources/pe/pdf/pe.12.pdf#12).

Typical ranges include:

- State jail felony: 180 days to 2 years in a state jail facility
- Third-degree felony: 2 to 10 years in prison.
- Second-degree felony: 2 to 20 years in prison.
- First-degree felony: 5 to 99 years or life.

In addition to incarceration, courts may impose significant fines. Many felony drug cases also involve asset forfeiture under Texas Code of Criminal Procedure Chapter 59, allowing law enforcement to seize money, vehicles, and other property allegedly connected to drug activity.

A felony record can also affect professional licenses, housing opportunities, firearm rights, and immigration status. Because the collateral damage can be long-lasting, early legal intervention matters.

## How Drug Possession Cases Typically Begin In Galveston County

Most felony possession cases start with a traffic stop, warrant execution, or police investigation. In Galveston County, law enforcement agencies often rely on:

- Traffic stops that lead to vehicle searches.
- Consent searches during street encounters.
- K-9 sniff investigations.
- Search warrants for homes or hotel rooms.
- Tips from informants.

What many people do not realize is that the legality of the initial police contact often becomes the central issue in the case. If officers violated your Fourth Amendment rights or failed to comply with Texas Code of Criminal Procedure Article 38.23, key evidence may be excluded.

We review every step of the investigation for constitutional issues.

## Key Legal Issues That Can Affect Your Case

### Illegal Search And Seizure

One of the most effective defenses in felony drug cases involves challenging the search. Under the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23, evidence obtained in violation of the law must be suppressed.

Common issues include:

- Traffic stops without reasonable suspicion.
- Searches without valid consent.
- Warrant affidavits are lacking probable cause.
- Unlawful extension of traffic stops.
- Improper K-9 deployment.

If the court suppresses the drugs, the prosecution may have little or no case left.

### Lack Of Knowing Possession

Texas law requires proof that the accused knowingly or intentionally possessed the substance. When drugs are found in a shared vehicle or residence, the State must show affirmative links connecting the accused to the contraband.

Courts often look at factors such as:

- Whether the drugs were in plain view.
- Ownership of the location.
- Proximity to the substance.
- Presence of drug paraphernalia.
- Statements made to the police.

If the State cannot establish these links, reasonable doubt may remain.

### Problems With Laboratory Testing

Drug cases depend heavily on forensic testing. The prosecution must prove the substance is illegal and confirm the weight category. Errors in the chain of custody, contamination, or unreliable testing procedures can undermine the case.

Under the Texas Code of Criminal Procedure Article 38.41, laboratory reports may be admissible, but the defense still has the right to challenge the evidence and cross-examine witnesses when appropriate.

### Unreliable Informants Or Officers

Some cases depend on confidential informants or officer observations. Credibility issues, inconsistent reports, or incomplete surveillance records can weaken the prosecution’s case. Careful review of body camera footage, dispatch logs, and officer narratives often reveals important details.

## Defense Strategies That May Apply In Felony Possession Cases

Each case is unique, but several defense strategies are common in Galveston County felony drug prosecutions.

### Motion To Suppress Evidence

When law enforcement violates constitutional protections, we may file a motion to suppress. This legal challenge asks the court to exclude unlawfully obtained evidence. Suppression hearings can dramatically shift the leverage in a case.

### Challenging Constructive Possession

In many cases, drugs are not found directly on the accused. We may argue that the State cannot prove actual care, custody, control, or management beyond a reasonable doubt. This is especially important in vehicle or multi-occupant residence cases.

### Weight And Penalty Group Disputes

The weight of the substance often determines the felony level. Independent testing may reveal discrepancies that reduce the charge’s severity. In some cases, the alleged substance may not fall within the charged penalty group.

### Diversion And Alternative Resolutions

Depending on criminal history and case facts, some defendants may qualify for pretrial diversion or other negotiated outcomes. While not available in every felony case, these options can sometimes prevent a permanent felony conviction.

## Why Early Legal Representation Matters

The first days after an arrest are often critical. Evidence must be preserved, witnesses located, and legal challenges identified. Waiting too long can limit available options.

In Galveston County, prosecutors often move quickly once formal charges are filed. Early involvement allows us to:

- Review body camera footage before it disappears.
- Challenge probable cause.
- Preserve favorable evidence.
- Open discussions with prosecutors when appropriate.
- Prepare suppression motions.

The sooner defense counsel becomes involved, the more opportunities may exist to influence the outcome.

## Local Considerations In Galveston County Drug Cases

Local practice matters. Courts in Galveston County and the Houston area each have procedural expectations and prosecutorial tendencies. Familiarity with local judges, courtroom procedures, and charging patterns can affect strategy.

Drug enforcement patterns in coastal counties also tend to involve highway interdiction efforts, especially along I-45 and surrounding corridors. Many felony cases arise from vehicle stops tied to these initiatives.

Understanding how these cases are built locally helps us evaluate risk and plan an effective defense.

## Frequently Asked Questions About Felony Drug Possession In Texas

### Can I Be Charged With Felony Possession If The Drugs Were Not In My Pocket?

Yes. Texas law allows prosecutors to pursue possession charges based on constructive possession. Under Texas Health and Safety Code § 481.002(38), the State only needs to show you exercised care, custody, control, or management over the substance and knew it was contraband.

However, when drugs are found in a shared space such as a vehicle or residence, the State must establish affirmative links connecting you to the drugs. These cases are often defensible, especially when multiple people had access to the area.

### What Happens After A Felony Drug Arrest In Galveston County?

After arrest, the case typically proceeds through magistrate review, bond setting, and formal charging by the district attorney. The case will then move through discovery, pretrial hearings, and possibly motion practice.

Many felony drug cases are resolved before trial, but preparation for trial often drives the best outcomes. Early case analysis is important because suppression issues and evidentiary challenges must be raised at the right time.

### Can A First-Time Offender Avoid A Felony Conviction?

In some situations, yes. Eligibility depends on the type of drug, the amount, prior criminal history, and the specific facts of the case. Options such as pretrial diversion or negotiated reductions may be available in certain circumstances.

That said, Texas does not guarantee leniency for first-time offenders in felony drug cases. Each case requires careful evaluation.

### Will My Case Be Dismissed If The Police Did Not Read My Rights?

Not automatically. Miranda warnings are required only during custodial interrogation. If officers did not question you while in custody, the absence of warnings may not affect the case.

However, if statements were obtained in violation of Miranda, those statements may be suppressed. The impact depends on how important the statements are to the prosecution’s case.

### How Important Is The Weight Of The Drug?

Weight is often the most important factor in determining the felony level. Even small differences can move a case from a state jail felony to a higher degree felony. An independent review of the laboratory analysis can sometimes reveal issues.

Because Texas law bases punishment ranges on weight thresholds in statutes such as Texas Health and Safety Code § 481.115, this issue should always be examined closely.

### Can Police Search My Car During A Traffic Stop?

Officers must have legal justification to search a vehicle. Consent, probable cause, or certain recognized exceptions may permit a search. If none of those apply, the search may violate the Fourth Amendment and the Texas Code of Criminal Procedure Article 38.23.

Many felony drug cases rise or fall on whether the vehicle search was lawful.

### What Is Asset Forfeiture In A Drug Case?

Under the Texas Code of Criminal Procedure Chapter 59, law enforcement may seek forfeiture of property allegedly connected to drug activity. This can include cash, vehicles, or other assets.

Forfeiture proceedings are separate from the criminal case and have their own deadlines and defenses. Prompt legal review is important if property has been seized.

### Should I Talk To The Police If They Contact Me About Drugs?

In most situations, it is wise to speak with defense counsel before answering questions. Statements made to law enforcement can be used against you, even when you believe you are helping yourself.

Exercising your right to remain silent is not an admission of guilt. It is a constitutional protection.

### How Long Does A Felony Drug Case Take In Galveston County?

Timelines vary widely. Some cases resolve in a few months, while others take a year or more, depending on motion practice, court schedules, and case complexity.

Factors that affect timing include forensic testing, suppression hearings, and whether the case proceeds to trial.

### What Should I Do Immediately After Being Charged?

Preserve any documents related to the arrest, avoid discussing the case with anyone except your lawyer, and seek legal counsel promptly. Early case review often reveals issues that can shape the defense strategy.

## Speak With Mark Diaz & Associates About Your Defense Options

If you are facing felony drug possession charges in Galveston County or anywhere in the Houston area, the decisions you make now can have lasting consequences. At Mark Diaz & Associates, we work directly with clients to evaluate the facts, identify weaknesses in the prosecution’s case, and pursue the strongest available defense.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or believe you may be, contact our [Galveston drug possession defense lawyer](/drug-possession/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout the city of Houston, Texas, and we are ready to protect your rights and your future.

**Categories:** Drug Possession Defense Attorney

---

### [Galveston Paycheck Protection Program (PPP) Loan Fraud Lawyer](https://texascriminaljustice.com/galveston-paycheck-protection-program-ppp-loan-fraud-lawyer/)

**Published:** February 25, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![SelectiveFocusPhotoOfPaycheckProtectionProgramLoanForgivenessApplication](https://texascriminaljustice.com/wp-content/uploads/2026/02/Galveston-Paycheck-Protection-Program-Loan-Fraud-Lawyer.jpg "SelectiveFocusPhotoOfPaycheckProtectionProgramLoanForgivenessApplication")Federal authorities are actively investigating alleged [Paycheck Protection Program](https://home.treasury.gov/policy-issues/coronavirus/assistance-for-small-businesses/paycheck-protection-program) (PPP) loan fraud throughout Texas, including Galveston and Houston. If you are under investigation or have been charged, the consequences can be severe. PPP fraud cases often involve multiple federal charges, asset seizure, and the risk of substantial prison sentences. What started as an emergency relief program is now a primary focus for federal prosecutors and investigators.

We represent individuals and business owners accused of PPP loan fraud in Galveston and Houston. Our goal is to protect your rights, assess the government’s evidence, and develop a defense strategy specific to your case. Because federal fraud cases are complex and document-intensive, early legal intervention can significantly impact the outcome. Below, we outline how PPP fraud cases proceed, relevant laws, potential penalties, and the role of a criminal defense lawyer.

## Understanding PPP Loan Fraud Allegations In Texas

The Paycheck Protection Program, established under the [CARES Act](https://www.congress.gov/bill/116th-congress/senate-bill/3548/text), provided forgivable loans to businesses affected by COVID-19. While it supported millions, it also prompted extensive investigations into alleged fund misuse and false loan applications.

PPP loan fraud typically involves claims that a borrower knowingly submitted false information to obtain funds or misused loan proceeds. Common allegations include:

- Inflating payroll numbers
- Creating fake employees
- Submitting multiple PPP applications through different lenders
- Misrepresenting business revenue or eligibility
- Using PPP funds for unauthorized personal expenses

Federal prosecutors build cases using bank records, loan applications, tax filings, and digital communications. Even honest mistakes may prompt investigation, particularly with large loan amounts.

## Federal Criminal Statutes Commonly Used In PPP Fraud Cases

PPP fraud is prosecuted mainly under federal law, and prosecutors may file multiple charges for the same conduct. Understanding these statutes highlights the seriousness of the allegations.

### Bank Fraud — 18 U.S.C. § 1344

Under [18 U.S.C. § 1344](https://www.law.cornell.edu/uscode/text/18/1344), bank fraud involves knowingly defrauding a financial institution or obtaining money under false pretenses. In PPP cases, prosecutors often claim that false loan application information constitutes bank fraud.

Penalties may include:

- Up to 30 years in federal prison
- Fines up to $1 million
- Restitution to the lender or government

Since PPP loans were issued through SBA-approved lenders, bank fraud is among the most frequently charged offenses.

### Wire Fraud — 18 U.S.C. § 1343

Wire fraud under [18 U.S.C. § 1343](https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud) involves using interstate electronic communications to further a fraudulent scheme. Many PPP applications were submitted online, which gives federal prosecutors jurisdiction to file wire fraud charges.

Potential penalties include:

- Up to 20 years in prison per count
- Significant financial penalties
- Asset forfeiture

Each electronic transmission may be charged as a separate count, increasing potential penalties in serious cases.

### False Statements To A Financial Institution — 18 U.S.C. § 1014

This statute prohibits knowingly making false statements to influence a federally insured financial institution. Prosecutors often use [18 U.S.C. § 1014](https://www.justice.gov/archives/jm/criminal-resource-manual-814-false-statements-18-usc-1014) when loan applications contain alleged inaccuracies.

A conviction may carry:

- Up to 30 years in prison
- Substantial fines
- Possible supervised release

Intent is critical in these cases; the government must prove the statement was knowingly false.

### False Claims Against The United States — 18 U.S.C. § 287

Because PPP loans were federally backed, some cases involve charges under [18 U.S.C. § 287](https://www.justice.gov/archives/jm/criminal-resource-manual-922-elements-18-usc-287), which addresses submitting fraudulent claims for payment to the United States.

Penalties can include:

- Up to 5 years in prison
- Fines and restitution
- Federal felony conviction

## Potential Texas State Charges Related To PPP Fraud

While most PPP fraud cases are prosecuted federally, Texas state charges can sometimes accompany the investigation, particularly when identity theft or state-level fraud is alleged.

### Texas Fraud And Financial Crimes — Texas Penal Code § 32.46 (Securing Execution Of Document By Deception)

Under [Texas Penal Code § 32.46](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=32.46), it is a crime to cause another person to sign or execute a document through deception with the intent to defraud or harm. In some cases, state prosecutors may pursue this charge if the conduct falls within Texas jurisdiction.

Penalties vary based on the value involved and may range from state jail felonies to first-degree felonies.

### Texas Money Laundering — Texas Penal Code § 34.02

If authorities believe PPP funds were moved through accounts to conceal their origin, [Texas Penal Code § 34.02](https://statutes.capitol.texas.gov/docs/pe/pdf/pe.34.pdf) may apply. This offense involves knowingly conducting financial transactions with proceeds of criminal activity.

Depending on the amount, penalties can include:

- Felony charges
- Asset forfeiture
- Significant prison exposure

## How Federal Investigations Typically Begin

PPP fraud investigations often start quietly. Many people first learn about the investigation through:

- Bank subpoenas
- SBA audits
- IRS inquiries
- Federal agent contact
- Grand jury subpoenas

Agencies commonly involved include:

- FBI
- IRS Criminal Investigation
- U.S. Small Business Administration Office of Inspector General
- U.S. Department of Justice

If federal agents contact you, anything you say can become evidence. Early legal representation is often critical in protecting your position.

## Key Defense Strategies In PPP Fraud Cases

Every case is fact-specific, but several defense themes frequently arise in PPP prosecutions.

### Lack Of Intent

Most federal fraud statutes require proof that the defendant acted knowingly and with intent to defraud. Many PPP cases involve confusion during a rapidly changing pandemic program. If errors were negligent rather than intentional, that distinction can be important.

### Reliance On Accountants Or Third Parties

Some business owners relied heavily on bookkeepers, payroll companies, or loan processors when completing PPP applications. If inaccurate information came from a third party, that may affect criminal liability.

### Legitimate Business Expenses

In some cases, the government alleges misuse of funds when the expenditures may still qualify under SBA guidance. Careful financial analysis is often necessary.

### Insufficient Evidence

Federal prosecutors must prove each element beyond a reasonable doubt. Weak documentation, missing records, or unreliable witnesses can create reasonable doubt.

## Possible Penalties And Collateral Consequences

PPP fraud convictions can carry severe penalties beyond prison time. Individuals may face:

- Federal incarceration
- Heavy financial penalties
- Restitution orders
- Asset forfeiture
- Loss of professional licenses
- Damage to business reputation
- Future lending restrictions

Sentencing in federal court is influenced by the U.S. Sentencing Guidelines, the alleged loss amount, and the defendant’s criminal history.

## Why Early Legal Representation Matters

The earlier we become involved, the more options may be available. Pre-indictment intervention can sometimes:

- Clarify misunderstandings
- Present exculpatory evidence
- Limit charges
- Position the case more favorably.

Waiting until after formal charges are filed can reduce flexibility in defending the case.

## Frequently Asked Questions About PPP Loan Fraud Cases

### What Should I Do If Federal Agents Contact Me About A PPP Loan?

If federal agents call, visit your home, or request an interview, you should remain calm and avoid answering substantive questions without legal counsel present. You have a constitutional right under the Fifth Amendment to remain silent. Agents often appear friendly, but their goal is to gather statements that may later be used in court. Even seemingly harmless explanations can be misinterpreted or taken out of context.

We typically advise clients to politely decline interviews until counsel is present. Early statements can shape the direction of an investigation, and once made, they are difficult to undo. Preserving documents and avoiding any alteration of records is also important. Contacting a defense lawyer promptly allows us to communicate with investigators on your behalf and assess whether you are a witness, subject, or target of the investigation.

### Is PPP Loan Fraud Always Prosecuted As A Federal Crime?

Most PPP fraud cases are handled in federal court because the program was created under federal law and backed by the Small Business Administration. However, certain conduct can also trigger Texas state charges, particularly when identity theft, forgery, or state-level financial crimes are involved.

Federal prosecution is common because agencies such as the FBI, IRS-CI, and SBA-OIG actively investigate PPP activity. Federal sentencing exposure is often higher than in state court, and federal cases tend to involve extensive financial analysis and digital evidence. That said, each case depends on the specific facts, the amount of money involved, and how the alleged conduct occurred.

### Can I Go To Prison For Mistakes On My PPP Application?

Prison exposure depends heavily on intent. Federal fraud statutes generally require proof that the person knowingly made false statements with the intent to obtain funds improperly. Honest mistakes, bookkeeping errors, or misunderstandings of complex PPP rules may not meet that threshold.

However, prosecutors sometimes interpret discrepancies as intentional. Large loan amounts, multiple applications, or fabricated payroll records tend to draw more scrutiny. The government will review tax filings, payroll reports, and bank records to assess whether the information was knowingly false.

If you are concerned about inaccuracies in your application, speaking with counsel early can help evaluate your risk and determine the best course of action.

### How Long Do Federal PPP Fraud Investigations Take?

Federal financial investigations often move slowly. It is common for cases to develop over many months or even years. Investigators typically gather bank records, subpoena lenders, review tax documents, and analyze electronic communications before making charging decisions.

In the Southern District of Texas, which includes Galveston and Houston, PPP cases are still being actively pursued years after the loans were issued. The statute of limitations for many federal fraud offenses is generally five years under 18 U.S.C. § 3282, although certain circumstances can extend that period.

Because of the long timeline, some individuals are surprised when investigators make contact years after receiving PPP funds.

### What Evidence Does The Government Use In PPP Fraud Cases?

Federal prosecutors typically rely on a combination of financial and digital evidence. Common sources include:

- PPP loan applications
- IRS tax filings
- Payroll reports
- Bank account records
- Email and text communications
- SBA forgiveness applications
- Business formation documents

Investigators often compare multiple data sources to identify inconsistencies. In many cases, forensic accountants are involved. The strength of the government’s documentation plays a major role in defense strategy.

### Can PPP Loan Fraud Charges Be Reduced Or Dismissed?

Yes, depending on the facts. Not every investigation results in formal charges, and not every charge results in a conviction. Potential outcomes may include:

- No charges filed
- Reduced charges
- Pretrial resolution
- Trial defense
- Sentencing mitigation

Early case assessment is critical. When weaknesses exist in the government’s proof, those issues can sometimes be addressed before indictment or during negotiations with prosecutors.

### What Is The Difference Between Civil And Criminal PPP Liability?

Some PPP matters are handled civilly through repayment demands or False Claims Act actions, while others are prosecuted criminally. The key difference is intent and the level of alleged misconduct.

Civil cases often focus on recovering funds. Criminal cases involve allegations of intentional fraud and carry the risk of incarceration. In some situations, both civil and criminal exposure may exist simultaneously.

Determining where a case falls requires careful legal analysis of the facts and the government’s evidence.

### Do I Need A Lawyer If I Have Not Been Charged Yet?

Yes, early representation can be extremely valuable. Many PPP cases begin in the investigative phase long before formal charges are filed. During this window, legal counsel may be able to communicate with investigators, clarify financial records, and present information that reduces the likelihood of indictment.

Waiting until after arrest or indictment limits available options. If you suspect you are under scrutiny, consulting a defense lawyer promptly is often a prudent step.

## Call Mark Diaz & Associates For A Confidential Defense Strategy

If you are facing allegations related to PPP loan fraud in Galveston or anywhere in the Houston area, your future and reputation deserve immediate attention. Federal financial cases move quickly once charges are filed, and early action can make a meaningful difference in protecting your rights and your freedom.

At Mark Diaz & Associates, we defend individuals and business owners accused of serious federal and Texas financial crimes. When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston PPP loan fraud defense lawyer](/white-collar-crimes/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout the Houston, Texas area.

**Categories:** White Collar Crime

---

### [Defending Against A Felony DWI Charge In Galveston County](https://texascriminaljustice.com/defending-against-a-felony-dwi-charge-in-galveston-county/)

**Published:** February 26, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DWI DUI](https://texascriminaljustice.com/wp-content/uploads/2021/07/Diaz_DWI-DUI.jpg "DWI DUI")A felony DWI arrest in Galveston County can have immediate and lasting effects. What starts as a traffic stop may quickly become a felony prosecution under Texas law, with far more serious consequences than a misdemeanor DWI. Many clients feel overwhelmed and uncertain about their future after such a charge. If you or someone you know is facing this situation in Galveston County or the Houston area, understanding Texas law is the first step to protecting your rights and record.

## What Makes A DWI A Felony In Texas

In Texas, most first and second DWI offenses are misdemeanors. However, repeat convictions or specific circumstances can elevate a DWI to a felony.

[Texas Penal Code §49.09(b)(2)](https://statutes.capitol.texas.gov/docs/pe/pdf/pe.49.pdf) provides that a DWI becomes a third-degree felony when a person has been previously convicted two or more times of DWI or related intoxication offenses. Importantly, Texas does not impose a “look-back” period for prior DWIs. This means even very old convictions can still be used to enhance a new charge.

Other situations that can lead to felony DWI charges include:

- Intoxication assault under Texas Penal Code §49.07.
- Intoxication manslaughter under Texas Penal Code §49.08.
- DWI with a child passenger under Texas Penal Code §49.045.
- Prior felony DWI conviction enhances a new offense.

Because classification depends on your prior record and the incident details, an early legal review is essential.

### Potential Penalties For Felony DWI In Galveston County

A felony DWI conviction in Texas carries severe, long-term consequences. For a third-degree felony DWI under [Texas Penal Code §49.09(b)(2)](https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/), potential penalties include:

- 2 to 10 years in the Texas Department of Criminal Justice.
- A fine of up to $10,000.
- Driver’s license suspension of up to two years under Texas Transportation Code §521.344.
- Mandatory ignition interlock device in many cases.
- Long-term criminal record.

Beyond court-imposed penalties, individuals often face employment challenges, licensing issues, increased insurance costs, and housing restrictions.

Galveston County prosecutors take repeat DWI allegations seriously, particularly when high blood alcohol levels, accidents, or child passengers are involved. Early defense intervention can significantly affect the case outcome.

### How Prosecutors Build A Felony DWI Case

To obtain a conviction, the State must prove beyond a reasonable doubt that the accused operated a motor vehicle in a public place while intoxicated.

Prosecutors typically rely on several categories of evidence:

- The officer’s observations during the stop
- Field sobriety test performance
- Breath or blood test results
- Body camera or dash camera footage
- Statements made by the driver
- Prior conviction records for enhancement

In felony cases, the State must properly prove prior convictions, often using certified judgments and linking them to the defendant. Weaknesses in this proof may allow challenges to the felony enhancement.

### Common Defenses To Felony DWI Charges

Every case is fact-specific, but several defense strategies frequently arise in Galveston County felony DWI cases. Our role is to examine every stage of the investigation for legal and factual problems.

**Challenging The Traffic Stop**

The Fourth Amendment requires law enforcement to have reasonable suspicion for a traffic stop. If the officer lacked a lawful basis, resulting evidence may be suppressed.

We carefully review:

- Dispatch records
- Dash camera footage
- The officer’s written report
- Any alleged traffic violations

If the stop cannot be justified, the prosecution’s case may be significantly weakened.

**Questioning Field Sobriety Tests**

Standardized field sobriety tests are often portrayed as reliable indicators of intoxication. In reality, many factors can affect performance, including:

- Medical conditions.
- Fatigue.
- Uneven terrain.
- Improper instructions by the officer.
- Weather conditions are common along the Gulf Coast.

We analyze whether the tests were administered in compliance with National Highway Traffic Safety Administration guidelines. Deviations can reduce the weight of the results.

**Attacking Breath And Blood Test Evidence**

Chemical testing is frequently central to felony DWI prosecutions. However, these tests are not immune to challenge.

Key issues may include:

- Improper maintenance or calibration of breath machines
- Chain of custody problems with blood samples
- Violations of Texas Transportation Code §724.012 regarding mandatory blood draws
- Failure to obtain a proper warrant
- Contamination or fermentation in blood samples

Scientific and procedural flaws can create reasonable doubt when properly presented.

**Contesting Prior Convictions**

In felony DWI cases based on prior offenses, the State must properly prove the existence and validity of those prior convictions. Problems sometimes arise when:

- Records are incomplete.
- The identity of the defendant is unclear.
- Prior pleas were constitutionally defective.
- The offense does not legally qualify for enhancement.

If the enhancement fails, the charge level may be reduced.

### The Importance Of Acting Quickly After A Felony DWI Arrest

Time matters in Texas DWI cases. After an arrest, you typically have only 15 days to request an Administrative License Revocation hearing under Texas Transportation Code §524.011 if your license was seized.

Prompt action allows the defense to:

- Preserve video evidence.
- Obtain police reports early.
- Identify witnesses.
- Challenge the license suspension.
- Begin negotiation strategy.

Waiting too long can limit available options and allow key evidence to disappear.

### What To Expect In Galveston County Courts

Felony DWI cases in Galveston County usually proceed through several stages:

- Magistrate appearance and bond setting.
- Grand jury indictment.
- Arraignment.
- Pretrial motions and hearings.
- Possible plea negotiations.
- Trial if necessary.

Local court practices matter. Prosecutors and judges in Galveston County and Houston-area courts often evaluate factors such as prior history, blood alcohol level, accident involvement, and compliance with bond conditions.

Our approach is to prepare every case thoroughly while remaining ready to pursue the most favorable resolution available under the circumstances.

### Long-Term Consequences Beyond The Courtroom

A felony DWI conviction carries consequences that extend well beyond jail time or fines. Many clients are concerned about:

- Permanent felony record.
- Difficulty passing background checks.
- Professional licensing problems.
- Immigration consequences for non-citizens.
- Firearm restrictions under Texas law.
- Increased insurance premiums.

Because Texas does not allow nondisclosure for felony DWI convictions, the impact can be lasting. This makes a strong defense strategy especially important from the outset.

### When A Reduction Or Alternative Outcome May Be Possible

While every case is different, certain factors sometimes support a more favorable outcome, such as:

- Weaknesses in the State’s evidence.
- Questionable legality of the stop or arrest.
- Problems with chemical testing.
- Lack of accident or injury.
- Strong mitigation evidence.

In some situations, negotiation may result in a reduced charge or an alternative sentencing structure. In others, trial may be the appropriate path. Careful case analysis drives that decision.

## Frequently Asked Questions About Felony DWI In Galveston County

### What Is The Difference Between A Misdemeanor And Felony DWI In Texas?

The key difference is the level of prior history or the presence of aggravating factors. Most first and second DWIs are misdemeanors. A third DWI is typically charged as a third-degree felony under Texas Penal Code §49.09(b)(2). Certain circumstances, such as intoxication, assault, or having a child passenger, can also elevate the charge. Felony cases carry the possibility of prison time in the Texas Department of Criminal Justice, while misdemeanors generally involve county jail exposure. A felony conviction also creates more serious long-term consequences, including the loss of certain civil rights and greater difficulty with employment and housing.

### Can A Felony DWI Be Reduced To A Lesser Charge?

In some cases, yes, but it depends heavily on the facts and the strength of the evidence. Prosecutors in Galveston County will review issues such as the legality of the stop, reliability of chemical testing, and proof of prior convictions. If meaningful weaknesses exist, negotiations may result in a reduction. However, reductions are not automatic, especially when there is a clear history of prior DWI convictions. A detailed case review is necessary before predicting the likelihood of a reduced charge.

### How Long Does A Felony DWI Case Take In Galveston County?

Felony cases typically take longer than misdemeanor DWIs. Many felony DWI cases in Galveston County take several months to more than a year to resolve. The timeline depends on factors such as court scheduling, forensic testing delays, motion practice, and whether the case proceeds to trial. While the process can feel slow, the time is often necessary to fully investigate and prepare a proper defense.

### Will I Lose My Driver’s License After A Felony DWI Arrest?

Possibly, but not automatically. After a DWI arrest, the Texas Department of Public Safety may initiate an Administrative License Revocation proceeding under Texas Transportation Code Chapter 524. You generally have 15 days from the notice of suspension to request a hearing. If no hearing is requested, the suspension usually begins automatically. Even if a suspension occurs, some drivers may qualify for an occupational license that allows limited driving for work, school, or essential household duties.

### Is Jail Mandatory For A Felony DWI Conviction?

Texas law authorizes prison time for felony DWI convictions, but the exact outcome depends on the case. A third-degree felony carries a range of 2 to 10 years under Texas Penal Code §12.34. In some situations, probation may be available instead of prison, but eligibility depends on the facts, criminal history, and court discretion. Each case must be evaluated individually to determine realistic sentencing exposure.

### Can I Refuse A Breath Or Blood Test In Texas?

Texas has an implied consent law under Texas Transportation Code §724.011, which means drivers are deemed to have consented to chemical testing when lawfully arrested for DWI. You can refuse testing, but refusal can trigger a driver’s license suspension and may still lead to a warrant for a blood draw. In felony DWI investigations, officers frequently seek warrants for blood samples, especially in repeat offense situations.

### How Do Prior DWI Convictions Get Proven In Court?

The State must present admissible evidence of prior convictions, typically through certified court records. Prosecutors must also link the defendant to those records. This may involve fingerprint comparisons, booking records, or other identifying information. If the State cannot properly prove the priors, the felony enhancement may be challenged. This is a technical but important area of felony DWI defense.

### What Happens At A Felony DWI Arraignment In Galveston County?

At arraignment, the court formally presents the charges and the defendant enters a plea, usually not guilty at the early stage. Bond conditions may be reviewed or modified. The case then moves into the pretrial phase, where motions, discovery, and negotiations occur. While arraignment is brief, it marks the formal beginning of the felony court process.

### Can A Felony DWI Be Expunged Or Sealed In Texas?

In most cases, a felony DWI conviction cannot be expunged or sealed through an order of nondisclosure. Texas law is very limited in this area. However, if the case is dismissed, results in a not guilty verdict, or otherwise qualifies under Texas Code of Criminal Procedure Chapter 55, expunction may be possible. Because the rules are strict, it is important to evaluate eligibility carefully.

### Should I Hire A Lawyer Even If The Evidence Seems Strong?

Yes. Even when the evidence appears damaging, there may be legal defenses, procedural issues, or mitigation strategies that can improve the outcome. Felony DWI cases involve complex scientific, constitutional, and evidentiary issues. Early representation often provides more opportunities to protect your rights and work toward the best possible resolution.

## Speak With Mark Diaz & Associates About Your Felony DWI Case

If you are facing a felony DWI charge in [Galveston County](https://www.galvestoncountytx.gov/) or anywhere in the Houston area, the decisions you make now can have lasting consequences. Mark Diaz & Associates provides aggressive, hands-on criminal defense representation for people accused of serious intoxication offenses across Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** DWI Attorney

---

### [Should I Hire A Lawyer Even If The Evidence Seems Strong?](https://texascriminaljustice.com/should-i-hire-a-lawyer-even-if-the-evidence-seems-strong/)

**Published:** February 26, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![traffic stop](https://texascriminaljustice.com/wp-content/uploads/2025/01/Diaz-3-How-to-Challenge-Evidence-Obtained-from-Illegal-Traffic-Stops-in-Galveston_Jan-2025.jpg "traffic stop")Facing criminal charges in Galveston County can feel overwhelming, especially if the evidence looks strong. Some people think hiring a defense lawyer is pointless when there is video, witness statements, or forensic results suggesting guilt. But this belief can lead to costly mistakes. Texas criminal cases often have complex legal issues that are not obvious at first. Even if the State’s case seems solid, there may be constitutional problems, weak evidence, or legal strategies that could change the outcome. We have helped many clients in Galveston and Houston who thought their cases were hopeless, only to discover they had strong legal defenses.

## Why Strong Evidence Does Not Always Mean A Certain Conviction

Many people mistakenly believe that strong evidence always leads to a conviction. In Texas, the prosecution must prove every part of the offense beyond a reasonable doubt, as the Constitution requires.

[Texas Code of Criminal Procedure Article 38.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=38) confirms that a defendant is presumed innocent until proven guilty. That presumption remains in place even when the State claims to have powerful evidence.

Evidence that appears convincing at first may still be challenged based on:

- How it was obtained
- Whether proper procedures were followed
- Whether it actually proves every legal element
- Whether the evidence is reliable

A careful legal review can reveal problems that someone unfamiliar with Texas criminal law might miss.

## The Risk Of Going Without A Defense Lawyer

Trying to handle a criminal case alone can expose you to serious risks. Texas courts hold defendants to the same procedural standards whether they have counsel or not. Judges and prosecutors cannot give legal advice to someone representing themselves.

Without representation, people often:

- Miss critical filing deadlines
- Fail to object to improper evidence.
- Make damaging statements in court.
- Accept unfavorable plea offers.
- Overlook suppression issues

Even when the evidence appears strong, early strategic decisions can significantly impact sentencing, charge severity, and long-term consequences.

## Constitutional Violations Can Change The Case

Many strong-looking cases contain constitutional problems. Law enforcement must follow strict rules during investigations, arrests, and interrogations.

### Illegal Searches And Seizures

The [Fourth Amendment](https://constitution.congress.gov/constitution/amendment-4/) and [Texas Code of Criminal Procedure Article 38.23](https://statutes.capitol.texas.gov/?tab=1&code=CR&chapter=CR.38&artSec=38.23) prohibit the use of evidence obtained in violation of the law. If officers conducted an unlawful search or traffic stop, key evidence may be suppressed.

Common issues include:

- Stops without reasonable suspicion
- Searches without a valid warrant or exception
- Improper vehicle searches
- Defective search warrants

If key evidence is excluded, the prosecution’s case can weaken significantly.

### Violations Of Miranda Rights

Under Miranda v. Arizona and Texas Code of Criminal Procedure Article 38.22, statements made during custodial interrogation may be excluded if proper warnings were not given.

We often examine:

- Whether the person was in custody
- Whether warnings were properly administered
- Whether the statement was voluntary
- Whether questioning continued after a request for counsel

Statements are powerful evidence, and their suppression can substantially affect the case.

## Forensic Evidence Is Not Always As Solid As It Appears

Scientific evidence is persuasive to juries, but it can be challenged. Texas courts require the State to demonstrate both the reliability and proper handling of forensic evidence.

Under [Texas Rule of Evidence 702](https://txcourts.gov/media/1442383/texas-rules-of-evidence-updated-with-amendments-effective-112018.pdf) and the principles outlined in Kelly v. State, the prosecution must show that scientific evidence is reliable and properly applied.

Potential weaknesses may include:

- Chain of custody gaps
- Contamination risks
- Lab errors
- Improper testing procedures
- Outdated or unreliable methods

In some Galveston County cases, detailed review of forensic work has uncovered serious issues that were not apparent at the time of arrest.

## Witness Testimony Can Be Unreliable

Many cases depend on witness statements, but human memory is imperfect. Texas courts recognize that identification and recollection can be unreliable.

We examine factors such as:

- Lighting conditions
- Distance and visibility
- Stress at the time of observation
- Suggestive identification procedures
- Inconsistent statements

Even confident witnesses can be mistaken, and effective cross-examination can reveal these weaknesses.

## Prosecutors Must Prove Every Element Of The Charge

Strong evidence of suspicious behavior does not automatically satisfy the legal elements of an offense. Texas Penal Code provisions define specific elements that must be proven beyond a reasonable doubt.

For example, under [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.03), theft requires proof of unlawful appropriation with intent to deprive the owner of property. If the State cannot establish intent, the case may have vulnerabilities.

We carefully compare the evidence to the statutory elements. Sometimes the facts simply do not match the charge as filed.

## Plea Negotiations Often Improve With Legal Representation

Even when the evidence is substantial, having counsel can significantly affect the outcome of negotiations. Prosecutors evaluate many factors when deciding whether to reduce charges or recommend alternative sentencing.

These factors often include:

- Strength of the defense
- Legal issues raised in pretrial motions
- Criminal history
- Mitigation evidence
- Compliance with bond conditions

Without counsel, defendants often accept the first offer presented. With proper representation, there may be opportunities to seek a more favorable resolution.

## Sentencing Exposure May Be Reduced

Texas law provides a wide range of potential punishment outcomes. Under [Texas Penal Code Chapter 12](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.41), penalties vary depending on the offense level and prior record.

In some cases, even when conviction is likely, the focus shifts to minimizing the long-term impact. This may involve:

- Advocating for probation instead of jail
- Presenting mitigation evidence
- Challenging enhancement allegations
- Negotiating charge reductions
- Seeking treatment-based alternatives

Early legal involvement can shape how the court views the case and the defendant.

## Early Intervention Can Preserve Critical Evidence

Time matters in criminal defense. Video footage, witness memories, and digital records can disappear quickly. Acting early allows the defense to:

- Request and preserve surveillance video.
- Interview witnesses while memories are fresh
- Obtain police body camera footage.
- Review dispatch records
- Identify constitutional issues

Waiting until later stages of the case can limit available options.

## When Evidence Appears Strong, Strategy Matters Even More

Some of our most important work occurs in cases where the State believes the evidence is overwhelming. These cases require careful analysis, disciplined motion practice, and strategic negotiation.

We focus on:

- Identifying suppression issues
- Testing the reliability of forensic work
- Evaluating statutory elements
- Presenting mitigation
- Preparing for trial when necessary

Strong cases are not always unbeatable. Careful legal work often changes the trajectory.

## Frequently Asked Questions About Hiring A Criminal Defense Lawyer In Texas

### Should I Hire A Lawyer If I Plan To Plead Guilty Anyway?

Yes. Even if you believe a guilty plea is likely, legal representation can still make a significant difference. A defense lawyer evaluates whether the evidence was lawfully obtained, whether the charges are properly filed, and whether the State can prove each element. In many Texas cases, attorneys are able to negotiate reduced charges, alternative sentencing, or probation terms that are far more favorable than the initial offer. Without counsel, you may accept consequences that could have been avoided or reduced.

### Can A Lawyer Really Help If There Is Video Evidence?

Video evidence is important, but it is rarely the entire story. We closely review how the video was obtained, whether it shows the full context, and whether it actually proves every required element under Texas law. Video can sometimes be misleading, incomplete, or open to interpretation. There may also be constitutional issues related to how the evidence was collected. Even when the video appears damaging, legal defenses may still exist.

### What If I Already Talked To The Police?

Many clients come to us after giving a statement. While this can make the case more challenging, it does not eliminate possible defenses. Texas Code of Criminal Procedure Article 38.22 governs the admissibility of statements. We examine whether proper warnings were given, whether the statement was voluntary, and whether questioning continued improperly. There may still be opportunities to limit how the statement is used in court.

### Is It Too Late To Hire A Lawyer After Charges Are Filed?

No. It is almost always beneficial to retain counsel, even after formal charges. While earlier involvement is better, there are still many opportunities to challenge evidence, file motions, negotiate with prosecutors, and prepare for trial. Texas criminal cases often evolve over time, and legal strategy can still influence the outcome.

### Will Hiring A Lawyer Make Me Look Guilty?

No. Exercising your right to counsel is a constitutional protection. Courts and prosecutors expect defendants to have representation, especially in serious cases. Hiring a lawyer shows that you are taking the matter seriously and protecting your rights under the law.

### How Do Lawyers Challenge Strong Evidence In Texas Cases?

Defense strategy depends on the facts, but common approaches include suppression motions under Texas Code of Criminal Procedure Article 38.23, challenges to forensic reliability under Texas Rule of Evidence 702, and cross-examination of witnesses. Attorneys also examine whether the State can prove each statutory element beyond a reasonable doubt. In many cases, the focus is not on one single issue but on multiple weaknesses that together create reasonable doubt.

### Can Charges Be Reduced Even When The Evidence Is Strong?

Yes, in some cases. Prosecutors consider many factors beyond raw evidence strength. These include criminal history, mitigation, cooperation, and legal issues raised by the defense. While reductions are never guaranteed, experienced negotiation can sometimes improve the outcome significantly.

### What Happens If I Cannot Afford A Private Lawyer?

If you qualify financially, the court may appoint counsel. However, many people choose private representation for more individualized attention and case focus. The decision depends on your circumstances and the complexity of the charges.

### Is It Worth Fighting The Case If Conviction Seems Likely?

Often, yes. The goal of a defense is not always limited to complete dismissal. In many cases, the focus is on reducing charges, avoiding enhancements, securing probation, or minimizing long-term consequences. Even when the evidence appears strong, legal strategy can still make a meaningful difference.

### How Soon Should I Contact A Criminal Defense Lawyer?

As soon as possible. Early involvement allows the defense to preserve evidence, identify constitutional issues, and begin shaping the case strategy. Waiting can limit available options and allow important evidence to disappear.

## Contact Mark Diaz & Associates For A Free Consultation

If you are facing criminal charges in Galveston County or anywhere in the Houston area, do not assume the case is hopeless simply because the evidence looks strong. Mark Diaz & Associates provides focused criminal defense representation for clients throughout [Galveston](https://www.galveston.com/) and across the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Let’s protect your future.

**Categories:** Criminal Defense Lawyer

---

### [How Galveston Judges Treat Probation Violations And How An Attorney Can Help](https://texascriminaljustice.com/how-galveston-judges-treat-probation-violations-and-how-an-attorney-can-help/)

**Published:** February 27, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![probation](https://texascriminaljustice.com/wp-content/uploads/2021/10/probation.jpg "probation")Facing a probation violation in Galveston County can be stressful and frightening. Many people believe probation is a second chance, and it often is, but Texas courts expect strict compliance with every condition. When a violation is alleged, judges in Galveston take these matters seriously and have broad authority to impose consequences. We regularly represent clients who are shocked by how quickly a missed payment, a failed drug test, or a new arrest can trigger a motion to revoke. If you are accused of violating probation in Galveston or anywhere in the Houston area, understanding how the process works under Texas law is critical to protecting your freedom.

## Understanding Probation In Texas Criminal Cases

In Texas, what many people call probation is legally known as community supervision. Courts may impose community supervision instead of jail or prison after a conviction or deferred adjudication.

Texas Code of Criminal Procedure Article 42A.001 [defines community supervision](https://statutes.capitol.texas.gov/?tab=1&code=CR&chapter=CR.42A&artSec=) as the placement of a defendant under a continuum of programs and sanctions with conditions imposed by the court. Judges have wide discretion in setting those conditions.
There are two primary forms:

- Regular community supervision after conviction
- Deferred adjudication community supervision under Texas Code of Criminal Procedure Article 42A.101

Deferred adjudication can be especially risky because a violation allows the judge to proceed to a finding of guilt and impose the full range of punishment for the original offense.

### Common Reasons Probation Violations Occur In Galveston County

We often see probation violation allegations arise from issues that initially seem minor. In Galveston County courts, probation departments closely monitor compliance.
Common alleged violations include:

- Missing scheduled meetings with the probation officer
- Failing a drug or alcohol test
- Not completing required classes or counseling.
- Falling behind on fines, fees, or restitution
- Leaving the county or state without permission
- Being arrested for a new offense
- Violating ignition interlock or monitoring rules

Under Texas Code of Criminal Procedure Article 42A.751, the State may file a motion to revoke or a motion to adjudicate when it believes a violation occurred.

## How Galveston Judges Typically View Probation Violations

Judges in Galveston County evaluate probation violations on a case-by-case basis. While every courtroom is different, several factors consistently influence how the court responds.

### Seriousness Of The Alleged Violation

Technical violations, such as missed appointments or late payments, may be treated differently from new criminal arrests. However, repeated technical violations can still lead to revocation.
Courts tend to react more strongly when the violation involves:

- New criminal conduct
- Positive drug tests
- Failure to report for extended periods
- Violations involving victims or protective orders

### Prior Compliance History

Judges often look at the full probation record. Someone who has otherwise complied for years may receive more consideration than a person with repeated problems.
Important factors include:

- Length of time on probation
- Prior warnings or modifications
- Efforts to complete conditions
- Communication with the probation officer

### Risk To Public Safety

Texas courts place a heavy weight on community safety. If the alleged violation suggests ongoing risk, the judge may be more inclined to revoke supervision.

### Credibility And Preparation At The Hearing

What happens at the violation hearing matters. Judges often pay close attention to whether the defense presents documentation, witnesses, and a clear explanation.

## The Legal Process After A Motion To Revoke Or Adjudicate

When the State files a motion under Article 42A.751, the case enters a formal process that can move quickly.

### Arrest Or Warrant

In many cases, the judge issues a warrant. The defendant may be arrested and held in the Galveston County Jail until bond is set, if bond is allowed.

### Court Appearance And Bond Issues

Some probation violations allow for bond, but not all. For example, deferred adjudication violations sometimes result in more restrictive bond conditions.

### The Revocation Or Adjudication Hearing

At the hearing, the State must prove a violation by a preponderance of the evidence. This is a lower standard than the beyond a reasonable doubt standard used in criminal trials.

Under [Article 42A.755](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A.755), the judge has authority to:

- Continue probation
- Modify conditions
- Extend the supervision period within statutory limits.
- Revoke probation and impose jail or prison.
- In deferred cases, adjudicate guilt and impose sentence.

Because the burden of proof is lower, careful preparation is critical.

## Possible Outcomes In A Galveston Probation Violation Case

Many clients assume a violation automatically means jail. That is not always true. Courts have several options depending on the facts.

### Continued Community Supervision

If the violation is minor and the defendant shows effort to comply, the judge may allow probation to continue, sometimes with added conditions.

### Modification Of Conditions

Judges often tighten supervision through measures such as:

- Additional reporting requirements
- Drug treatment programs
- Residential treatment placement
- Increased community service
- Electronic monitoring

### Short Jail Sanction

In some cases, the court may impose a short jail stay while keeping probation in place.

### Full Revocation And Sentencing

If the judge revokes probation, the court can impose any sentence that was originally available for the offense.

For deferred adjudication cases under Article 42A.110, the judge may enter a finding of guilt and impose the full punishment range.

## Why Early Legal Representation Matters

The time between the alleged violation and the court hearing is critical. Early involvement allows us to build the strongest possible defense.
We focus on:

- Reviewing the probation file
- Examining drug testing procedures
- Identifying factual errors
- Gathering treatment or employment records
- Preparing mitigation evidence
- Negotiating with prosecutors when appropriate

In many Galveston cases, preparation before the hearing can significantly affect the outcome.

## Defense Strategies That May Apply

Every probation violation case is different, but several defense approaches commonly arise.

### Challenging Whether A Violation Actually Occurred

The State must still prove the violation. We examine whether the allegation is supported by reliable evidence.

Examples include:

- Questionable drug test procedures
- Miscommunication with the probation officer
- Incorrect reporting dates
- Payment accounting errors

### Showing Substantial Compliance

Even if a technical violation occurred, demonstrating overall compliance can influence the judge’s decision.

### Presenting Strong Mitigation

Courts often consider whether the person is taking responsibility and making progress. Helpful evidence may include:

- Proof of employment
- Treatment enrollment
- Clean drug tests
- Letters of support
- Medical explanations for noncompliance

### Addressing New Criminal Allegations Carefully

When a new arrest is involved, the strategy must be coordinated carefully to protect the defense in both cases.

## Special Risks In Deferred Adjudication Cases

Deferred adjudication carries unique exposure. Under Texas Code of Criminal Procedure Article 42A.108, if the court adjudicates guilt after a violation, the judge can impose any sentence within the full statutory range for the original offense.

This means:

- There is no cap based on prior plea expectations.
- The judge has broad sentencing discretion.
- The case can quickly become much more serious.

Because of this risk, deferred adjudication violation cases require especially careful handling.

## What To Do If You Are Accused Of Violating Probation

If you learn that a motion to revoke or adjudicate has been filed, quick action is important.
Helpful steps include:

- Contact defense counsel immediately.
- Do not ignore court notices.
- Continue complying with all conditions.
- Gather proof of payments and program completion.
- Avoid new legal trouble.
- Keep communication records with your probation officer.

Waiting often limits available options.

---

## Frequently Asked Questions About Probation Violations In Galveston

### What Happens Immediately After A Probation Violation Is Filed?

Once the State files a motion to revoke or adjudicate under Texas Code of Criminal Procedure Article 42A.751, the judge usually reviews the motion and decides whether to issue a warrant. In Galveston County, many defendants are arrested on that warrant and taken to the county jail. Depending on the type of probation and the nature of the allegation, the court may or may not set a bond. After the arrest or notice, the case is placed on the court’s docket for a revocation or adjudication hearing. From that point forward, the focus shifts to whether the State can prove the alleged violation and what sanction the judge believes is appropriate.

### Do Judges Always Revoke Probation For A First Violation?

No. Judges in Galveston County often look closely at the nature of the violation and the person’s overall performance on supervision. A single technical violation, such as a missed meeting or late payment, does not always lead to revocation. Courts frequently consider whether the person is otherwise compliant, employed, and making a good-faith effort. However, violations involving new criminal conduct, repeated drug positives, or absconding from supervision are treated more seriously. Each case depends heavily on its facts and how well the defense presents the circumstances.

### What Is The Burden Of Proof In A Probation Revocation Hearing?

The State must prove the alleged violation by a preponderance of the evidence. This standard is lower than the beyond a reasonable doubt standard used in criminal trials. Essentially, the judge must believe it is more likely than not that a violation occurred. Because of this lower burden, probation violation hearings can be more challenging than many people expect. Careful preparation, cross-examination, and presentation of favorable evidence are often critical to achieving a better outcome.

### Can I Be Jailed Even For A Technical Violation?

Yes, it is legally possible. Under Article 42A.755, the judge has broad discretion once a violation is proven. Even technical violations can result in jail time or full revocation, particularly if the court believes the person has not taken supervision seriously. That said, many Galveston judges are willing to consider alternatives when the violation is minor and the defendant shows responsibility and progress. The presentation at the hearing often plays a major role.

### What Is The Difference Between A Motion To Revoke And A Motion To Adjudicate?

A motion to revoke applies to regular community supervision after a conviction. If granted, the judge typically imposes the sentence that was previously suspended. A motion to adjudicate applies to deferred adjudication cases. If the court grants that motion under Article 42A.108, the judge formally finds the defendant guilty and may impose any punishment within the full statutory range for the original charge. Deferred adjudication violations often carry a greater risk for this reason.

### Will I Get Bond On A Probation Violation In Galveston County?

Bond decisions vary. Some defendants are granted bond quickly, while others may face more restrictive conditions. Factors that influence a bond include the seriousness of the alleged violation, prior compliance history, and whether a new offense is involved. Deferred adjudication cases sometimes involve tighter bond scrutiny. Prompt legal action can help address bond issues early.

### Can Positive Drug Tests Be Challenged

Yes, in some situations. Drug testing must follow proper procedures, including a chain of custody and reliable testing methods. False positives, lab errors, and sample handling issues do occur. We often review the testing process carefully to determine whether the results are reliable. When weaknesses exist, they can be raised at the revocation hearing.

### How Long Does A Probation Violation Case Take In Galveston

The timeline varies depending on the court’s docket and whether the defendant is in custody. Some cases move quickly, especially when the person is jailed on a warrant. Others take longer if there are negotiations or evidentiary issues to address. Acting early helps ensure the defense has time to prepare and gather favorable evidence.

### Can Probation Be Extended Instead Of Revoked

Yes. Texas courts have authority under Article 42A.753 to extend the period of community supervision within statutory limits. Judges sometimes choose this option when they believe additional supervision will address the problem without requiring full revocation. Whether this is possible depends on the facts and the person’s overall performance on probation.

### Why Should I Hire A Lawyer For A Probation Violation

Probation violation hearings move quickly and carry real risk of jail or prison. An experienced defense attorney can evaluate the evidence, challenge weak allegations, present mitigation, and work toward alternatives to revocation. Many clients benefit from having someone who understands local Galveston court practices and can present the case effectively to the judge.

## Speak With Mark Diaz & Associates About Your Probation Violation Case

If you are accused of violating probation in Galveston County or anywhere in the Houston area, do not wait to protect yourself. Mark Diaz & Associates provides focused criminal defense representation for probation violation cases and other serious criminal matters.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Criminal Defense Lawyer

---

### [Understanding the Hitchcock Gambling Raids and the Charges Filed](https://texascriminaljustice.com/understanding-the-hitchcock-gambling-raids-and-the-charges-filed/)

**Published:** February 23, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Mark Diaz](https://texascriminaljustice.com/wp-content/uploads/2026/01/diaz.png "Mark Diaz")On February 18, 2026, law enforcement conducted coordinated raids at 20 locations across Hitchcock, Texas. Authorities have reported 33 misdemeanor charges and 7 felony charges connected to the operation.

Local outlet [i45NOW’s coverage of the Hitchcock gambling raids](https://i45.disciplemedia.com/posts/7959?sh=OeJt8R8X) detailed the arrests and the range of charges filed as part of the investigation.

The arrests include allegations such as:

- Engaging in Organized Criminal Activity (felony)
- Keeping a Gambling Place (Class A misdemeanor)
- Gambling Promotion
- Unlawful Carrying of a Weapon
- [Drug-related offenses](/drug-possession/)

Because of the number of arrests and the visibility of those involved, many residents have questions about what these charges actually mean under Texas law. Attorney Mark Diaz recently spoke with local media about the legal framework behind these types of cases. Below is a broader explanation of the charges that have been reported and how they are evaluated in court.

## **What Is “Engaging in Organized Criminal Activity”?**

One of the more serious allegations filed in connection with the raids is Engaging in Organized Criminal Activity. Under Texas law, this is a felony offense.

To pursue this charge, prosecutors must generally show that a person participated in a criminal combination or collaborated with others in carrying out certain unlawful conduct. The severity of the charge often depends on the underlying alleged activity.

As Attorney [Mark Diaz](/team_member/mark-diaz/) explained during the interview:

“In order to get to the engaging, they had to have people underneath that were charged with at least a Class A misdemeanor.”

In many cases, this type of charge is layered on top of other alleged violations. The prosecution must establish more than mere presence. Issues such as coordination, intent, financial benefit, and level of involvement can become central to the case.

A felony allegation carries serious potential consequences, including possible prison exposure, fines, and long-term impact on employment and reputation. Because of that, these cases require careful legal analysis.

## **What Is “Keeping a Gambling Place”?**

Many of those arrested reportedly face Class A misdemeanor charges for Keeping a Gambling Place.

Under Texas law, this charge generally involves knowingly operating or maintaining a location where illegal gambling activity occurs. A Class A misdemeanor is punishable by up to one year in county jail and a fine of up to $4,000.

In cases involving machines commonly referred to as “8-liners,” the legality often turns on how the machines are operated rather than the machines themselves.

As Attorney Mark Diaz noted during the interview:

“Legally, there’s nothing wrong with the machine. You can have it, you’re just not supposed to give a prize worth more than $5 in value. What some places have done is pay out like they’re a slot machine. And that’s what makes them illegal.”

The difference between lawful operation and unlawful payout practices is frequently where these cases are decided. Whether alleged payouts exceeded statutory limits, and whether those charged had knowledge of or control over those payouts, are fact-specific determinations.

## **The Importance of Role: Owner, Manager, or Employee**

One of the key issues in gambling-related prosecutions involves a person’s role within the business.

During the interview, Attorney Mark Diaz raised an important distinction:

“Were they manager? Were they owner? Or were they employees?”

Ownership, managerial authority, and hourly employment can carry very different legal implications. Criminal responsibility generally depends on knowledge, intent, and participation, not simply being present at a location where alleged illegal activity occurred.

For employees, courts may examine:

- Whether the individual had decision-making authority
- Whether they had a financial stake in the business
- Whether they had knowledge of alleged unlawful payouts
- Whether they exercised control over operations

These are not assumptions that can be made from headlines alone. Each person’s circumstances must be evaluated individually.

## **How Large-Scale Investigations Develop**

Another question raised in connection with the raids concerns how the investigation unfolded.

As Attorney Mark Diaz asked during the interview:

“Did they have officers in there gambling, undercover, on video, getting payouts? Or did they just go raid 20 locations?”

Large enforcement actions may involve undercover operations, surveillance, search warrants, financial record reviews, or coordinated task forces. The scope and duration of an investigation can vary significantly.

The strength of any criminal case ultimately depends on the specific evidence collected and how it meets the elements required under Texas law.

## **What Happens After an Arrest?**

After an arrest for gambling-related offenses, cases typically proceed through the standard criminal justice process, which may include:

- Bond and release conditions
- Initial court appearances
- Evidence review and discovery
- Pretrial hearings
- Negotiations or trial

It is important to remember that charges are allegations. Every individual accused of a crime is presumed innocent unless and until proven guilty in a court of law.

Not every arrest results in a conviction. Outcomes depend on the evidence, the applicable law, and the specific facts of each case.

## **Looking Beyond the Headlines**

Large-scale enforcement actions often generate significant public attention. However, criminal liability is determined in courtrooms, not in headlines.

Questions about ownership, control, intent, knowledge, and financial benefit are central to many of these cases. Those determinations require careful review of the evidence and application of the law to individual circumstances.

As additional information becomes available, the legal process will continue to unfold. In the meantime, understanding the framework behind charges such as Engaging in Organized Criminal Activity and Keeping a Gambling Place can help clarify what has been a highly publicized situation in the Hitchcock community.

**Categories:** Criminal Defense Lawyer

---

### [Should You Talk to Police After Being Arrested in Galveston County?](https://texascriminaljustice.com/should-you-talk-to-police-after-being-arrested-in-galveston-county/)

**Published:** February 24, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![FifthAmendmentNewsHeadlineOnUsConstitution](https://texascriminaljustice.com/wp-content/uploads/2026/02/Should-You-Talk-to-Police-After-Being-Arrested-in-Galveston.jpg "FifthAmendmentNewsHeadlineOnUsConstitution")Getting arrested in [Galveston County](https://www.galvestoncountytx.gov/) can be overwhelming and confusing. Many people feel like they need to explain themselves or cooperate with officers immediately. However, what you say right after an arrest can affect your case for a long time. Texas law gives you strong constitutional rights, but they only work if you use them correctly. We often tell clients that talking to the police without a lawyer can cause serious problems, even if you think you did nothing wrong. Knowing your rights under Texas and federal law is one of the best ways to protect your future.

## Understanding Your Right To Remain Silent In Texas

Both the United States Constitution and Texas law protect your right against self-incrimination. The Fifth Amendment to the U.S. Constitution guarantees that no person shall be compelled to be a witness against himself in a criminal case. Texas law reinforces this protection.

[Texas Code of Criminal Procedure Article 38.21](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-21/) provides that a statement made by a defendant may be used in evidence only if it was freely and voluntarily given. [Article 38.22](https://statutes.capitol.texas.gov/docs/CR/htm/CR.1.htm) sets strict requirements for when a custodial statement can be used by prosecutors.

In practical terms, this means:

- You have the right to remain silent.
- You have the right to request an attorney.
- Police cannot force you to answer questions.
- Statements made after arrest can be used against you.

Many people assume staying silent makes them look guilty. In reality, invoking your rights is common and legally protected.

### What Happens After An Arrest In Galveston County

After an arrest in Galveston County or Houston, police usually follow a set process. Officers might try to ask you questions at the scene, while transporting you, or after you are booked.

Common stages include:

- Initial detention or traffic stop
- Formal arrest
- Miranda warning in custodial situations
- Booking at the jail
- Follow-up questioning by detectives

Once you are in custody and subject to interrogation, officers must comply with the warning requirements outlined in [Texas Code of Criminal Procedure Article 38.22](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-22/) and the U.S. Supreme Court decision in Miranda v. Arizona.

Still, officers might try to talk with you before or after giving formal warnings. In some cases, what you say during these times can be used in court.

### Why Police Want You To Talk

Police officers are trained to ask questions that help them build a case. Even comments that seem harmless can later be used by prosecutors.

We often see situations where:

- A suspect tries to explain and accidentally admits key facts.
- A person gives inconsistent statements under stress.
- Officers obtain partial admissions that strengthen the case.
- Silence is interpreted by the suspect as harmful, but talking creates more risk.

Officers might speak calmly, act sympathetic, or say that cooperating will help you. Remember, their job is to investigate, not to look out for your legal interests.

### When Police Must Read Miranda Warnings

Miranda warnings are required when a person is both in custody and subject to interrogation. Under the Texas Code of Criminal Procedure Article 38.22, custodial statements are generally inadmissible unless proper warnings are given and waived.

The required warnings include:

- The right to remain silent.
- Those statements can be used against you.
- The right to have a lawyer present.
- The right to appointed counsel if you cannot afford one.

However, there are important limits. Officers do not have to read Miranda warnings during routine traffic stops or general on-scene questioning that does not qualify as custodial interrogation.

Because of these details, people often make statements that hurt their case before they realize the legal risks.

### The Risk Of Trying To Explain Your Side

One of the most common mistakes we see in Galveston County cases is the belief that talking will make the situation better. Many people think that if they are polite and cooperative, officers will recognize a misunderstanding and release them.

But in reality, the system rarely works that way.

Statements often create problems, such as:

- Locking a defendant into a version of events
- Providing admissions about presence, timing, or conduct
- Giving prosecutors impeachment material
- Filling gaps in the State’s evidence

Even if you tell the truth, your words can be taken out of context. Once they are written in a police report or recorded on a body camera, it is hard to take them back.

### How Texas Law Treats Voluntary Statements

Under the Texas Code of Criminal Procedure Article 38.21, voluntary statements are generally admissible. The key issue becomes whether the statement was the product of custodial interrogation without proper warnings or was otherwise involuntary.

Courts examine factors such as:

- Whether the person was in custody.
- Whether Miranda warnings were given.
- Whether the person clearly invoked the right to remain silent.
- Whether the police continued questioning after the invocation.
- Whether coercion or improper pressure occurred.

Since these decisions depend on the details of each case, it is important to get legal advice early.

### When It May Make Sense To Speak With Police

There are a few situations where talking to law enforcement might make sense, but you should almost always make that choice with a lawyer’s help.

Possible scenarios include:

- Providing a controlled statement through counsel.
- Participating in a negotiated proffer.
- Addressing mistaken identity issues.
- Presenting documented alibi evidence.

These situations need careful planning. If you talk without advice, you could lose important defense options.

### What You Should Do Instead Of Answering Questions

If you are arrested in Galveston County, being clear and respectful is usually the safest choice.

We typically advise clients to:

- Remain calm and polite.
- Clearly state you are invoking your right to remain silent.
- Request an attorney.
- Avoid discussing the case with anyone except your lawyer.
- Do not try to talk your way out of the situation.

Saying something like, “I am invoking my right to remain silent and want a lawyer,” is usually enough to protect your rights.

### The Importance Of Early Defense In Galveston County Cases

Getting a defense lawyer involved early can change the direction of your case. It helps preserve important evidence, find witnesses, and build legal challenges.

In Galveston County and throughout Houston-area courts, early defense work often focuses on:

- Reviewing body camera footage.
- Examining the legality of the arrest.
- Analyzing any statements obtained.
- Identifying suppression issues under Article 38.22.
- Developing a mitigation strategy.

The sooner you start your defense, the more options you will have.

## Frequently Asked Questions About Talking To Police After Arrest

### Do I Have To Answer Police Questions After Being Arrested In Texas?

No. The Fifth Amendment and Texas law give you the right to remain silent. Once you clearly say you want to use that right, officers usually have to stop questioning you. Many people feel pressured to cooperate, but you do not have to answer their questions. Staying silent cannot be used as proof of guilt. Just make sure you clearly say you are using your right to remain silent so you are protected.

### Can Police Use What I Say Against Me Even If I Was Just Trying To Help?

Yes. Any voluntary statement Yes. Any statement you make on your own can be used by prosecutors under Texas law. Even if you think your words are harmless, they can be used to help the State’s case. Officers and prosecutors often look for inconsistencies, partial admissions, or details about timing. That is why many defense lawyers warn against talking casually with police after an arrest.

### Should I Ever Waive My Right To Remain Silent?

In most situations, waiving your right without speaking to a lawyer first carries significant risk. Once you waive and begin answering questions, your statements become evidence. There are limited strategic situations where a controlled statement may help, but that decision should be made only after consulting with defense counsel who understands the full scope of the investigation.

### Can I Change My Mind After I Start Talking To Police?

Yes. You can invoke your right to remain silent or request a lawyer at any time. Once you clearly assert either right, officers must generally stop custodial interrogation. However, statements made before you invoked your rights may still be used in court. This is why it is usually better to invoke your rights as early as possible.

### Does Remaining Silent Make Me Look Guilty To Police Or Prosecutors?

Some people worry about how it looks, but the law says that using your rights cannot be used as proof of guilt. Police see this happen all the time. From a defense point of view, it is more important to protect your legal position than to try to look cooperative.

### What If Police Say Talking Will Help Me?

Officers are allowed to encourage conversation, and they often suggest that cooperation will improve the situation. In many cases, statements end up strengthening the prosecution’s case rather than helping the suspect. Before relying on any assurances, it is wise to speak with counsel who can evaluate the risks and benefits in your specific situation.

### Can Police Keep Questioning Me After I Ask For A Lawyer?

Under both Miranda and the Texas Code of Criminal Procedure Article 38.22, once you clearly request an attorney during custodial interrogation, questioning should stop. If officers continue to question you in violation of that right, your attorney may have grounds to challenge the admissibility of any statements obtained afterward.

### Should I Talk To Detectives If They Contact Me After My Arrest?

You should be very cautious. Detectives often follow up after release on bond and may request an interview. Even though the setting may feel informal, your statements can still be used. Before agreeing to any interview, it is wise to have counsel review the request and determine the safest course of action.

### How Soon Should I Hire A Criminal Defense Lawyer After An Arrest?

As soon as possible. Early representation allows your attorney to evaluate statements, preserve evidence, and begin building a defense strategy. In Galveston County cases, early action can affect bond conditions, charging decisions, and potential suppression issues.

## Protect Your Rights With Mark Diaz & Associates

If you were arrested in Galveston County or anywhere in the Houston area, what you do next matters. Mark Diaz & Associates provides focused criminal defense representation for individuals facing serious charges in Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Let’s protect your rights after an arrest.

**Categories:** Criminal Defense Lawyer

---

### [Felony Theft Charges In Galveston: How Prosecutors Try To Prove Their Case](https://texascriminaljustice.com/felony-theft-charges-in-galveston-how-prosecutors-try-to-prove-their-case/)

**Published:** February 24, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![TwoMenWearingMasksAndGlovesSearchingThroughBagsAnd](https://texascriminaljustice.com/wp-content/uploads/2026/02/Felony-Theft-Charges-In-Galveston.jpg "TwoMenWearingMasksAndGlovesSearchingThroughBagsAnd")Being accused of felony theft in [Galveston County](https://www.galvestoncountytx.gov/) can feel overwhelming. Many people do not realize how quickly a shoplifting claim, business disagreement, or property issue can become a felony under Texas law. Prosecutors in Galveston and Houston treat theft cases seriously, especially when the value of the property is high. A conviction can mean prison time, heavy fines, and a lasting criminal record. If you are being investigated or have been charged, it is important to know how these cases are built and what defenses you might have.

## How Texas Law Defines Theft

Under [Texas Penal Code §31.03(a)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03), a person commits theft if they unlawfully appropriate property with the intent to deprive the owner of that property. This definition contains several legal elements that the prosecution must prove beyond a reasonable doubt.

Key statutory concepts include:

- Unlawful appropriation under [Texas Penal Code §31.03(b)](https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/)
- Intent to deprive under [Texas Penal Code §31.01(2)](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.01)
- Owner definition under [Texas Penal Code §1.07(a)(35)](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=1.07)

If the State cannot establish even one of these elements, the theft charge may fail.

### When Theft Becomes A Felony In Texas

Not every theft allegation is a felony. The offense level depends primarily on the value of the property involved. [Texas Penal Code §31.03(e)](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.03) sets out the value ladder that determines whether a case is charged as a misdemeanor or felony.

Common felony theft thresholds include:

- State jail felony: $2,500 to $29,999
- Third-degree felony: $30,000 to $149,999
- Second-degree felony: $150,000 to $299,999
- First-degree felony: $300,000 or more

Certain circumstances can also enhance the charge, such as theft from an elderly person, public servant, or nonprofit organization under [Texas Penal Code §31.03(f)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03).

In [Galveston County](https://www.galvestoncountytx.gov/), prosecutors often focus heavily on valuation evidence because it directly impacts punishment exposure.

### How Prosecutors Try To Prove Intent

Intent is often one of the most debated parts of felony theft cases. Prosecutors usually do not have direct proof of what someone was thinking, so they use indirect evidence instead.

Common methods used to argue intent include:

- Surveillance footage
- Statements made by the accused
- Possession of allegedly stolen property
- Attempts to sell or conceal items
- Electronic transaction records
- Witness testimony

In Texas, juries can decide intent based on a person’s actions and the situation. This makes it important to get legal advice early.

### Building The Paper Trail In Galveston Theft Cases

Felony theft prosecutions often depend on documentary evidence. Prosecutors may gather large volumes of records to support their case.

Typical evidence may include:

- Store loss prevention reports
- Inventory audits
- Bank and credit card records
- Business accounting documents
- Email or text communications
- Pawn shop records

In white-collar theft cases around Houston and Galveston, prosecutors often team up with investigators to piece together financial records. Mistakes in these documents can give the defense a strong chance to challenge the case.

### Valuation Disputes In Felony Theft Cases

The alleged value of the property is often the dividing line between a misdemeanor and a felony. Texas Penal Code §31.08 governs how value is determined.

Generally, value is based on:

- Fair market value at the time and place of the offense, or
- Replacement cost if the market value cannot be determined

In Galveston County courts, the value of property is often questioned. If the value is too high, documents are missing, or estimates are just guesses, it can make the State’s case weaker or lower the charges.

### The Role Of Circumstantial Evidence

Many felony theft prosecutions rely heavily on circumstantial evidence rather than direct proof. Texas courts allow convictions based on circumstantial evidence, but the State must still prove guilt beyond a reasonable doubt.

Prosecutors often point to patterns such as:

- Unexplained possession of property
- Access to restricted areas
- Timing of financial transactions
- Internal company records
- Prior similar allegations

We carefully check if those conclusions really stand up when examined closely.

## Common Defense Strategies In Galveston Felony Theft Cases

Every case is different, but several defenses frequently arise under Texas law.

### Lack Of Intent To Deprive

Sometimes, a misunderstanding, error, or business disagreement is mistaken for theft. If there is no proof that you meant to keep the property for good, the State may have trouble proving its case under Texas Penal Code §31.03.

### Ownership Or Right To Possession Disputes

The definition of “owner” under Texas Penal Code §1.07(a)(35) can be complex. Business partners, employees, and family members sometimes have legitimate access to property. These disputes often require close factual analysis.

### Mistaken Identity

In retail tIn cases involving retail theft or surveillance, mistakes in identifying people happen more often than you might think. Bad video quality, short interactions, or unreliable witness accounts can raise real doubts.

If prosecutors cannot properly establish value under Texas Penal Code §31.08, the felony level may not stand. This can significantly affect potential penalties.

### Unlawful Search Or Seizure

Evidence obtained in violation of the Fourth Amendment may be subject to suppression. We review:

- Search warrants
- Consent issues
- Inventory searches
- Digital evidence collection

If procedures are not followed correctly, important evidence can sometimes be thrown out.

## What Happens After A Felony Theft Arrest In Galveston County

The process typically unfolds in stages:

- Arrest or summons
- Magistrate hearing and bond conditions
- Grand jury indictment
- Arraignment
- Pretrial motions and discovery
- Negotiations or trial

How things are handled in Galveston County can make a difference. Prosecutors usually look at your criminal record, the amount of loss, and whether restitution is possible when deciding what to do with a case.

### Potential Penalties For Felony Theft In Texas

Penalties vary by degree of felony under Texas Penal Code Chapter 12.

Possible punishment ranges include:

- State jail felony: 180 days to 2 years in state jail
- Third-degree felony: 2 to 10 years in prison
- Second-degree felony: 2 to 20 years in prison
- First-degree felony: 5 to 99 years or life

Fines of up to $10,000 may also apply. Courts may order restitution to the alleged victim.

Beyond court penalties, people often face:

- Employment barriers
- Professional licensing issues
- Housing difficulties
- Long-term reputation harm

Since Texas makes it hard to seal felony records, the consequences can be serious.

### Why Early Defense Matters In Theft Cases

Acting quickly can preserve important evidence and create strategic advantages. Early involvement allows the defense to:

- Review surveillance footage before it is lost.
- Interview witnesses while memories are fresh
- Challenge valuation methods
- Analyze financial records
- Identify constitutional violationsIf you wait too long, the prosecution’s version of events can become harder to challenge.

## Frequently Asked Questions About Felony Theft In Galveston

### What Amount Of Theft Becomes A Felony In Texas?

Under Texas Penal Code §31.03(e), theft becomes a felony when the value of the property reaches $2,500 or more. The exact charge level depends on the alleged amount. For example, property valued between $2,500 and $29,999 is typically charged as a state jail felony, while larger amounts can lead to higher-degree felony charges. Prosecutors must prove the value with competent evidence, and disputes over valuation are common in Galveston County cases.

### Can A Felony Theft Charge Be Reduced To A Misdemeanor?

Yes, in some situations. Reductions often depend on weaknesses in the State’s proof, especially regarding value or intent. If the evidence does not support the alleged amount, the charge level may be lowered. Negotiations may also consider criminal history, restitution efforts, and the surrounding facts. Each case requires a careful review before predicting the likelihood of a reduction.

### What If I Intended To Return The Property?

Intent to deprive is a required element under Texas Penal Code §31.03. If credible evidence shows you planned to return the property and did not intend permanent deprivation, that may create a defense. However, prosecutors often argue that conduct after the taking shows intent. The timing of events, communications, and surrounding facts all matter in this analysis.

### How Do Prosecutors Prove The Value Of Stolen Property?

Value is usually proven through testimony, receipts, business records, or expert opinion. Texas Penal Code §31.08 states that fair market value at the time and place of the offense is the primary measure. In retail cases, stores often rely on pricing records. In business disputes, the issue can be more complex. Weak or speculative valuation evidence can be challenged in court.

### Can Surveillance Video Alone Support A Felony Theft Conviction?

Video can be powerful evidence, but it is not always conclusive. The State must still prove identity, intent, and value beyond a reasonable doubt. Poor image quality, incomplete footage, or lack of context can create reasonable doubt. Each video must be examined carefully.

### What Is Considered Intent To Deprive Under Texas Law?

Texas Penal Code §31.01(2) defines intent to deprive broadly. It includes withholding property permanently or for so long that the owner loses a major portion of its value or enjoyment. Prosecutors often rely on circumstantial evidence to argue intent. Defense analysis focuses on whether the facts truly support that inference.

### Will I Go To Jail For A First-Time Felony Theft Charge?

Not automatically. While felony theft carries potential incarceration, outcomes vary widely based on the charge level, prior record, alleged amount, and strength of the evidence. Some cases may qualify for probation or alternative resolutions. A detailed case review is necessary to assess realistic exposure.

### How Long Does A Felony Theft Case Take In Galveston County?

Felony cases typically take several months and sometimes longer than a year. The timeline depends on court scheduling, discovery, motion practice, and whether the case proceeds to trial. While the process can feel slow, the time is often necessary for proper investigation and defense preparation.

### Can Felony Theft Charges Be Expunged Or Sealed In Texas?

If a case is dismissed or results in a not guilty verdict, expunction may be available under Texas Code of Criminal Procedure Chapter 55. However, a felony conviction generally cannot be expunged and may have limited nondisclosure options. Because the rules are strict, eligibility must be evaluated carefully.

### Should I Speak With Investigators Before Hiring A Lawyer?

It is usually wise to obtain legal advice first. Statements made early in an investigation can later be used by prosecutors. Even seemingly harmless explanations can be misinterpreted. Early legal guidance helps protect your rights and avoid unnecessary risk.

## Call Mark Diaz & Associates For A Free Consultation

If you are facing felony theft allegations in Galveston County or anywhere in the Houston area, you need a defense strategy built on careful legal analysis and real courtroom experience. Mark Diaz & Associates represents clients charged with serious theft offenses in Galveston and throughout the city of Houston, Texas.

When you hire me, you work with me directly. My clients get my personal cell phone number, so you can reach me when you need to. You will not be passed off to a junior lawyer or lost in a busy system. I stay involved and available from start to finish.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Theft Defense Lawyer

---

### [Charged With Evading Or Resisting Arrest In Galveston County? Defense Strategies That Work](https://texascriminaljustice.com/charged-with-evading-or-resisting-arrest-in-galveston-county-defense-strategies-that-work/)

**Published:** February 25, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![RiotOfficerInHelmetsTwistingArmsOfAgressiveProtesterIn](https://texascriminaljustice.com/wp-content/uploads/2026/02/Charged-With-Evading-Or-Resisting-Arrest.jpg "RiotOfficerInHelmetsTwistingArmsOfAgressiveProtesterIn")Getting arrested for evading or resisting in Galveston County can quickly become more serious than you might expect. A tense traffic stop or street encounter can lead to criminal charges under Texas law. Prosecutors in Galveston and Houston often take these cases seriously, especially if officers say someone ran or used force. Many people worry about going to jail, having a permanent record, or how the charges could affect their job and reputation. If you are facing these charges, it is important to know how Texas law defines them and what defense strategies can help protect your future.

## Understanding Evading Arrest Under Texas Law

Evading arrest is governed by Texas Penal Code §38.04. A person commits this offense if they intentionally flee from someone they know is a peace officer or federal investigator attempting lawfully to arrest or detain them.

The key legal elements the State must prove include:

- The officer was attempting a lawful arrest or detention.
- The accused knew the person was a peace officer.
- The accused intentionally fled.
- The flight was from an attempted arrest or detention.

In most situations, evading arrest is charged as a Class A misdemeanor. However, the offense can be elevated to a state jail felony or higher depending on the circumstances.

### When Evading Arrest Becomes A Felony

Under [Texas Penal Code §38.04(b)](https://statutes.capitol.texas.gov/docs/PE/htm/PE.38.htm), evading arrest may be enhanced when:

- A vehicle is used during flight.
- The defendant has prior evading convictions.
- Another person suffers serious bodily injury.
- A death occurs during the incident.

For example, evading in a motor vehicle is typically charged as a state jail felony. If serious injury or death occurs, the charge may rise to a third-degree felony or higher.

Because of these enhancements, early case analysis is essential.

### Understanding Resisting Arrest In Texas

Resisting arrest is a separate offense governed [by Texas Penal Code §38.03](https://codes.findlaw.com/tx/penal-code/penal-sect-38-03/). A person commits this offense if they intentionally prevent or obstruct a peace officer from effecting an arrest, search, or transportation by using force against the officer or another person.

Important points under the statute include:

- Mere noncooperation is not enough.
- The State must prove the use of force.
- The arrest does not have to be lawful for the charge to apply.

Most resisting arrest charges are Class A misdemeanors. However, how the case is handled often depends on the details of the alleged use of force.

### Key Differences Between Evading And Resisting Arrest

Many people assume these charges are interchangeable, but Texas law treats them differently.

Evading arrest focuses on flight. The allegation is that the person tried to get away from officers.

Resisting arrest focuses on force. The allegation is that the person physically interfered with officers attempting to make an arrest or search.

Sometimes, both charges are filed from the same incident in Galveston County. In these situations, each charge needs its own defense.

## Potential Penalties In Galveston County

The consequences depend on the charge level and your prior record.

### Evading Arrest Penalties

Under [Texas Penal Code §38.04](https://statutes.capitol.texas.gov/docs/PE/htm/PE.38.htm):

- Class A misdemeanor: up to 1 year in county jail and up to $4,000 fine
- State jail felony: 180 days to 2 years in state jail and up to $10,000 fine
- Third-degree felony or higher in serious injury or death cases

### Resisting Arrest Penalties

Under [Texas Penal Code §38.03](https://codes.findlaw.com/tx/penal-code/penal-sect-38-03/):

- Class A misdemeanor: up to 1 year in county jail and up to $4,000 fine

Even misdemeanor convictions can create lasting problems, including a permanent criminal record and difficulty passing background checks.

### How Prosecutors Build These Cases

In Galveston County, prosecutors often rely heavily on officer testimony. Typical evidence includes:

- Body camera footage
- Dash camera video
- Officer incident reports
- Witness statements
- Radio dispatch logs
- Physical evidence, such as alleged injuries

Because many cases turn on what officers claim happened in a fast-moving situation, careful evidence review is essential.

## Defense Strategies That Work In Evading And Resisting Cases

Every case requires an individualized approach, but several defense strategies frequently arise in Galveston County courts.

### Challenging Whether The Stop Or Arrest Was Lawful

For evading arrest, the State must show the officer was attempting a lawful detention or arrest. If the initial stop lacked reasonable suspicion or probable cause, the evading charge may be vulnerable.

We closely examine:

- The stated reason for the stop
- Dispatch records
- Video evidence
- Timing of officer actions

If the detention was unlawful, suppression issues may arise.

### Disputing Intent To Flee

Evading arrest requires proof of intentional flight. Many situations involve confusion rather than deliberate evasion.

Common defenses include:

- The driver did not realize officers were attempting a stop.
- Emergency conditions prevented immediate stopping.
- The accused was attempting to reach a safe location.
- The alleged flight was momentary or ambiguous.

Intent is often the most contested issue in these cases.

### Arguing Lack Of Force In Resisting Arrest Cases

For resisting arrest under Texas Penal Code §38.03, the State must prove the use of force. Passive resistance or verbal protest is not enough.

We often examine whether:

- The alleged contact was incidental.
- The officer initiated the physical struggle.
- The force described is exaggerated.
- The body camera contradicts the report.

If it is not clear that force was used, the charge can be challenged.

### Self-Defense Considerations

Texas law allows people to defend themselves against excessive force by officers in certain situations. These cases depend on the specific facts and need careful legal review.

If officers used unreasonable force, that issue may affect the resisting arrest allegation.

### Video Evidence And Credibility Challenges

Modern cases often hinge on body camera footage. Video may:

- Confirm the officer’s version.
- Contradict the report
- Show unclear or chaotic circumstances.
- Reveal missing context

We review every second of available footage to identify inconsistencies and reasonable doubt.

### Negotiation And Charge Reduction Strategies

Not every case proceeds to trial. In appropriate situations, mitigation and negotiation may result in:

- Reduced charges
- Alternative sentencing options
- Deferred adjudication
- Dismissal opportunities

The strength of the evidence drives these discussions.

## What To Expect In Galveston County Courts

After an arrest, most cases follow a standard path:

- Magistrate’s appearance and bond
- Arraignment
- Discovery and evidence review
- Pretrial motions
- Negotiations
- Trial if necessary

Local court practices in Galveston and Houston-area courts can affect timing and strategy. Early preparation allows the defense to preserve evidence and build leverage.

## Long-Term Consequences Of A Conviction

Many people underestimate the lasting impact of these charges. A conviction may affect:

- Employment opportunities
- Professional licenses
- Housing applications
- Security clearances
- Immigration status for non-citizens

Because Texas law limits record sealing in many situations, avoiding a conviction when possible is often a primary goal.

## Frequently Asked Questions About Evading And Resisting Arrest In Galveston County

### Can I Be Charged With Evading Arrest Even If I Eventually Stopped?

Yes, under Texas Penal Code §38.04, the focus is on whether you intentionally fled when officers attempted to detain or arrest you. Even a brief flight can lead to charges if prosecutors believe the delay was intentional. However, many cases turn on whether the driver clearly knew officers were signaling them to stop and whether the delay was reasonable under the circumstances. For example, if a driver slows down and looks for a safe, well-lit place to pull over, that may raise questions about whether there was true intent to flee. Each situation depends heavily on timing, distance, speed, and video evidence.

### Does The Officer Have To Be Lawfully Detaining Me For Evading Arrest?

For evading arrest, the State must prove the officer was attempting a lawful arrest or detention. If the initial stop lacked legal justification, the defense may challenge the charge. This often involves examining whether the officer had reasonable suspicion for a traffic stop or probable cause for an arrest. However, this requirement applies differently to resisting arrest charges, where the lawfulness of the arrest is not always required under Texas Penal Code §38.03. Because the rules differ, a detailed legal review is critical.

### What Counts As Force In A Resisting Arrest Case?

Force generally means physical action directed at an officer to prevent or obstruct an arrest or search. Examples prosecutors often rely on include pushing, pulling away with strength, striking, or physically struggling. However, simply tensing your arms, questioning officers, or refusing to comply verbally is usually not enough by itself. Many cases hinge on whether the alleged force was intentional and meaningful. Body camera footage often becomes the most important piece of evidence in resolving this issue.

### Can Evading Arrest Charges Be Filed From A Traffic Stop?

Yes. Many evading cases in Galveston County begin with traffic stops. If officers claim a driver failed to pull over promptly after lights and sirens were activated, they may file an evading charge. These cases often focus on how long the driver continued moving, the speed involved, and whether the driver appeared aware of police presence. Drivers who slow down and signal before stopping sometimes have stronger defenses than those who accelerate or take evasive actions.

### Is Evading Arrest Always A Felony If A Vehicle Is Used?

Often, but not always. Under Texas Penal Code §38.04(b)(2), using a motor vehicle typically elevates the offense to a state jail felony. However, the specific facts and charging decisions matter. Prior history and the presence of aggravating factors can also affect the final charge level. Because felony exposure carries serious prison risk, early legal review is important.

### Can I Go To Jail For Resisting Arrest In Texas?

Yes. Resisting arrest is generally a Class A misdemeanor punishable by up to one year in county jail and a fine of up to $4,000 under Texas Penal Code §12.21. Whether jail time is likely depends on factors such as prior criminal history, the level of alleged force, and the circumstances of the encounter. Many first-time cases may qualify for alternative outcomes, but each case must be evaluated individually.

### What If The Officer Used Excessive Force First?

This is a complex issue. Texas law does allow limited self-defense claims in situations involving excessive force by officers. However, these cases are fact-sensitive and often heavily contested. Video evidence, medical records, and witness statements may all play a role. Because the legal standards are narrow, this defense must be carefully developed.

### Will This Charge Stay On My Record Forever?

It depends on how the case resolves. A conviction can create a permanent criminal record. However, some outcomes, such as dismissal, not guilty verdicts, or certain deferred adjudications, may allow for expunction or nondisclosure under Texas law. Eligibility is highly technical and depends on the final disposition of the case.

### Should I Fight The Charge Or Try To Settle It?

The right strategy depends on the strength of the evidence, your criminal history, and your goals. Some cases present strong suppression or factual defenses and may be appropriate for aggressive litigation. Others may be better suited for negotiation. A careful review of the evidence is the only reliable way to evaluate your options.

### How Soon Should I Hire A Lawyer After An Arrest?

Immediately. Early representation allows your defense team to preserve video evidence, identify witnesses, evaluate the legality of the stop, and begin protecting your rights. Waiting can make it harder to obtain key evidence and may limit available defense strategies.

## Speak With Mark Diaz & Associates About Your Case

If you have been charged with evading arrest or resisting arrest in Galveston County or anywhere in the Houston area, your next steps matter. These cases move quickly, and early action can make a real difference in the outcome.

Mark Diaz & Associates provides aggressive criminal defense representation for clients in Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/) and discuss your defense options.

**Categories:** Criminal Defense Lawyer

---

### [How Body-Cam And Dash-Cam Footage Can Change A DWI Case In Galveston](https://texascriminaljustice.com/how-body-cam-and-dash-cam-footage-can-change-a-dwi-case-in-galveston/)

**Published:** February 27, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![CloseUpOfPoliceBodyCameraOnUniform](https://texascriminaljustice.com/wp-content/uploads/2026/02/How-Body-Cam-And-Dash-Cam-Footage-Can-Change-A-DWI-Case.jpg "CloseUpOfPoliceBodyCameraOnUniform")In Galveston, a DWI arrest often depends on the officer’s account of what happened during the stop and investigation. Now, many of these moments are recorded on body-cam and dash-cam video. This footage can be some of the most important evidence in a Texas DWI case. We regularly review these recordings to see if they support the State’s claims or raise serious questions about the arrest. For many people charged with DWI in Galveston County or Houston, video evidence can play a big role in whether the case is dismissed, reduced, or leads to a conviction. Knowing how these recordings are used under Texas law is key to building a strong defense.

## Why Video Evidence Matters In Texas DWI Cases

Under [Texas Penal Code §49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/), the State has to prove beyond a reasonable doubt that someone drove a motor vehicle in a public place while intoxicated. Officers often depend on their written reports and testimony to show intoxication. Video footage gives an objective record that can either back up or challenge those claims.

In many Galveston County cases, video evidence captures:

- The driving behavior before the stop
- The officer’s interaction with the driver
- Field sobriety testing
- Statements made during the investigation
- The arrest process

Juries usually trust what they can see and hear, so this footage often becomes a key part of a DWI case.

## Types Of Video Used In Galveston DWI Prosecutions

### Dash-Cam Footage

Dash cameras are usually mounted in patrol cars and record the initial stop and what happens on the roadside. These recordings often show:

- Whether a traffic violation actually occurred
- The manner of driving
- Lighting and weather conditions
- The driver’s balance and coordination

Dash-cam video is especially important if there are questions about whether the stop was legal.

### Body-Cam Footage

Body-worn cameras record close-up interactions between the officer and the driver. In many Galveston DWI cases, body-cam footage gives clearer audio and a better look at field sobriety tests.

This footage may reveal:

- Tone and clarity of the driver’s speech
- Whether instructions were properly given
- Environmental distractions
- Officer conduct during the stop
- Statements that may be taken out of context

When we look closely at body-cam video, it can reveal inconsistencies that might not be clear from the police report alone. Video evidence often plays a key role in deciding if the stop was legal. The Fourth Amendment and Texas law require officers to have reasonable suspicion before making a traffic stop.

If dash-cam footage fails to support the alleged violation, we may challenge the stop through a motion to suppress. When a court grants suppression, critical evidence can be excluded.

Texas courts closely examine:

- Whether a traffic offense actually occurred
- Whether the officer’s observations match the video
- Whether the stop was prolonged without legal justification

If a suppression motion is successful, it can seriously weaken the prosecution’s case

## Tests On Camera: What We Look Fo

Standardized field sobriety tests are often central to DWI prosecutions. Officers typically administer the horizontal gaze nystagmus test, walk-and-turn, and one-leg stand.

When we review a video, we check if the officer followed National Highway Traffic Safety Administration guidelines. Common problems in Galveston cases include:

- Incomplete or confusing instructions
- Poor lighting conditions along coastal roadways
- Uneven pavement or roadside debris
- Medical or physical limitations were ignored by the officer.
- Officer interruptions during testing

If the video shows the tests were not given properly, we can challenge their reliability in court.

### When Video Contradicts The Police Report

One of the strongest uses of body-cam and dash-cam footage is showing differences between the officer’s written report and what really happened.

We frequently compare:

- Reported driving behavior versus video
- Claims of slurred speech versus audio
- Alleged balance issues versus recorded performance
- Timeline discrepancies

Even small differences can create reasonable doubt if they are shown clearly to a jury.

### Breath And Blood Testing Issues Captured On Video

Although chemical testing is governed by Texas Transportation Code Chapter 724, the events leading up to testing often appear on video. This can include:

- Whether warnings were properly given
- Whether consent was voluntary
- Whether a warrant was obtained
- The defendant’s physical condition

Video can sometimes show confusion, pressure from officers, or skipped procedures that may help support arguments to suppress evidence.

### DWI Video Evidence

Texas Code of Criminal Procedure [Article 39.14](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=39.14), often called the Michael Morton Act, requires prosecutors to disclose evidence that is material to the defense. This includes body-cam and dash-cam recordings.

However, video evidence is not always kept forever. Some agencies automatically delete footage after a certain time if no one asks for it to be saved.

For this reason, early legal intervention is important so we can:

- Send preservation requests
- Obtain full video downloads.
- Review metadata and timestamps.
- Compare multiple camera angles.

If you wait too long, important evidence that could help your defense might be lost.

### How Jurors View DWI Video Evidence

In Galveston County courts, jurors often place significant weight on video footage. However, the interpretation of the video is not always straightforward.

Factors that influence juror perception include:

- Camera angle limitations
- Audio clarity
- Lighting conditions
- Officer narration
- Selective video clips presented by the State

Part of our job is to make sure the jury sees the full context of the recording, not just isolated moments.

### Situations Where Video Helps The Defense Most

While every case is different, body-cam and dash-cam footage often benefits the defense when it shows:

- Normal driving behavior
- Clear speech and steady balance
- Improper field test instructions
- The officer’s exaggeration in the report
- Extended detention without cause
- Failure to follow required procedures

In some Galveston DWI cases, video evidence has been the key factor that changed the outcome of the prosecution.

### When Video May Hurt The Defense

Video evidence does not always help the defense. Sometimes, the footage clearly shows signs of intoxication. When that happens, we focus on other legal and evidence issues.

Even when the video appears damaging, we still examine:

- Whether the stop was lawful
- Whether tests were properly administered
- Whether chemical testing is reliable
- Whether prior statements are admissible
- Whether constitutional rights were respected

A case should never be judged on video alone.

## Frequently Asked Questions About DWI Video Evidence In Galveston

### Can Body-Cam Footage Get A DWI Case Dismissed?

Yes, in certain situations. If body-cam footage shows that the officer lacked reasonable suspicion for the stop, failed to properly administer field sobriety tests, or misstated key facts in the report, the defense may file motions to suppress evidence. Under Texas law, suppression of critical evidence can significantly weaken the prosecution’s case and sometimes lead to dismissal or reduction. However, each case depends on its specific facts, and the video must be carefully analyzed alongside other evidence.

### Do Police Always Have To Record A DWI Stop In Texas?

Texas law does not require every part of a DWI investigation to be recorded. Many agencies encourage recording, but not recording does not automatically make an arrest invalid. Still, if there is no video, it can sometimes raise questions about the officer’s story, especially if the patrol car had a working camera. We often check if recording equipment was available and if any footage was lost or destroyed.

### How Long Do Police Keep Dash-Cam Or Body-Cam Video In Galveston County?

How long video is kept depends on the agency. Some departments keep routine footage only for a short time unless someone asks for it to be saved. That’s why it’s important to act quickly. Once we are hired, we usually send preservation requests to make sure the footage is not deleted. Under Texas Code of Criminal Procedure Article 39.14, prosecutors must share important evidence, but this does not mean the police will keep the video forever.

### Can Video Be Used To Challenge Field Sobriety Tests?

Yes. Reviewing video is one of the best ways to check field sobriety tests. We look closely to see if the officer followed the standard procedures set by the National Highway Traffic Safety Administration. If instructions were unclear, demonstrations were wrong, or testing conditions were poor, we can challenge the reliability of the tests in court. Many jurors find visual evidence convincing when these problems are shown clearly.

### What If The Video Has No Audio Or Is Poor Quality?

Poor video quality does not always help or hurt either side. But if the audio or video is unclear, the jury may not trust the recording as much. If important details cannot be seen or heard, we may argue that the footage does not support the officer’s claims. We also check if the equipment was working properly and if any technical problems were recorded.

### Can The Defense Obtain All Police Video In A DWI Case?

In most situations, yes. Under Texas Code of Criminal Procedure Article 39.14, the defense is entitled to discovery of material evidence, including relevant video recordings. This may include dash-cam footage, body-cam recordings, and sometimes footage from nearby surveillance cameras if obtained by law enforcement. Prompt and thorough discovery requests are important to ensure nothing is overlooked.

### Does Video Matter More Than Breath Or Blood Test Results?

Both types of evidence can be important. Chemical test results under Texas Transportation Code Chapter 724 often carry a lot of weight, but video can give context that affects how jurors see those results. For example, if a driver looks steady and clear-headed on video even with a high reported alcohol level, the defense may question the accuracy of the test. Every case needs a full review of all the evidence.

### Should I Hire A Lawyer Quickly If There Is Video Evidence?

Yes. Video evidence can be overwritten or lost if not preserved promptly. Early involvement allows the defense to secure recordings, review them carefully, and identify legal issues while the evidence is still fresh. Acting quickly also helps protect your driver’s license rights and ensures deadlines are not missed.

## Speak With Mark Diaz & Associates About Your DWI Case

If you are facing a DWI charge in Galveston County or the Houston area, video evidence could be a key part of your defense. At Mark Diaz & Associates, we review every second of body-cam and dash-cam footage to find weaknesses in the State’s case and protect your rights. You work directly with me.

My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Contact our [Galveston DWI lawyer](/dwi-charges/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout Houston, Texas.

**Categories:** DWI Defense Lawyer

---

### [Bank Fraud Investigation in Texas? Why Early Defense Matters](https://texascriminaljustice.com/bank-fraud-investigation-in-texas-why-early-defense-matters/)

**Published:** March 3, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![BankFraudConcept](https://texascriminaljustice.com/wp-content/uploads/2026/03/Bank-Fraud-Investigation-in-Texas.jpg "BankFraudConcept")Finding out you are being investigated for bank fraud in Texas can be scary and overwhelming. Some people first learn about an issue when a detective calls, they get a subpoena for bank records, or their accounts are suddenly frozen. Others only find out when federal agents or local police reach out for questioning. Bank fraud cases often involve complicated financial records and transactions that prosecutors might see as criminal. Acting quickly can have a big impact on how your case moves forward and whether charges are filed.

We help individuals and business owners in [Galveston](https://www.galvestontx.gov/) and Houston who are being investigated for serious financial crimes. If you are under investigation for bank fraud, waiting too long or staying silent can hurt your case. Getting a defense team involved early lets us protect your rights, review the evidence, and get ahead of the State or federal government’s case.

## Understanding Bank Fraud Under Texas Law

Bank fraud cases in Texas may be prosecuted under state law, federal law, or both. At the state level, many allegations fall under broader theft and fraud statutes.

[Texas Penal Code §31.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.03) defines theft as unlawfully appropriating property with the intent to deprive the owner of that property. If a person allegedly obtains money from a financial institution through deception, the charge may be framed as theft.

[Texas Penal Code §32.32](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=32) addresses Credit Card or Debit Card Abuse. This statute makes it a crime to use a card without the effective consent of the cardholder or to obtain a benefit fraudulently. Depending on the circumstances, the offense can range from a state jail felony to a higher-degree felony.

[Texas Penal Code §32.21](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=32.51) covers Forgery. Allegations that someone altered, created, or passed a false financial instrument, including checks or loan documents, often fall under this statute.

The level of offense depends largely on the amount of money involved. In Texas, theft offenses increase in severity as the value rises. For example:

- $2,500 to $30,000 is generally a state jail felony.
- $30,000 to $150,000 is a third-degree felony.
- $150,000 to $300,000 is a second-degree felony.
- $300,000 or more is a first-degree felony.

The difference between these levels can mean the difference between probation and decades in prison.

### When Federal Authorities Become Involved

Many bank fraud investigations in Texas quickly involve federal agencies such as the FBI or Secret Service. Federal bank fraud is prosecuted under [18 U.S.C. §1344](https://www.law.cornell.edu/uscode/text/18/1344), which makes it a crime to execute or attempt to execute a scheme to defraud a financial institution.

If a federally insured bank is involved, federal jurisdiction is common. Federal penalties are severe and can include up to 30 years in prison and significant fines.

Even when a case begins locally in Galveston or Houston, it can shift to federal court if prosecutors believe the conduct crosses state lines, involves large sums, or affects federally insured institutions.

### Common Types Of Bank Fraud Allegations

Bank fraud investigations often involve complex fact patterns. We regularly see cases involving:

- Check fraud and altered checks.
- Loan application misrepresentations.
- Mortgage fraud.
- PPP or SBA loan allegations.
- Unauthorized electronic transfers.
- Identity theft is tied to financial accounts.
- Business account misappropriation.

Some clients are accused of intentional schemes. Others are caught in disputes involving business partners, bookkeeping errors, or misunderstandings about financial transactions.

The intent element is critical. Under Texas Penal Code §31.03, the State must prove an intent to deprive the owner of property. Honest mistakes, accounting disputes, or contractual disagreements are not criminal acts by themselves.

### How Investigations Typically Begin

Bank fraud cases often begin quietly. Financial institutions may conduct internal audits or compliance reviews. Suspicious Activity Reports can trigger law enforcement involvement.

Investigators may:

- Subpoena bank records.
- Interview employees or business partners.
- Review electronic communications.
- Analyze transaction histories.
- Examine loan documentation.

By the time you find out about the investigation, authorities might already have collected months of records. Getting a defense team involved early helps us see what evidence they have and get ready to respond.

### Why Early Defense Matters In Bank Fraud Cases

The period before charges are filed is often the most important stage of a bank fraud investigation. Once an indictment is issued, options may narrow.

Early defense allows us to:

- Communicate with investigators on your behalf.
- Prevent damaging statements.
- Clarify misunderstandings before charges are filed.
- Present exculpatory evidence.
- Challenge improper search warrants.
- Negotiate potential resolutions.

In some cases, getting involved early has meant no charges were filed. In others, it has led to reduced charges or better outcomes.

### Protecting Your Constitutional Rights

Bank fraud investigations frequently involve search warrants and subpoenas. The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence improperly, we can file motions to suppress.

The Fifth Amendment protects your right against self-incrimination. Many people make the mistake of attempting to “clear things up” with investigators. Statements made during informal interviews can later be used in court.

We tell clients not to talk to law enforcement without a lawyer present. Even one poorly chosen word can seriously affect your case.

### Possible Penalties Under Texas Law

The consequences of a conviction depend on the charge level.

State jail felony convictions can result in 180 days to 2 years in a state jail facility under Texas Penal Code §12.35.

- Third-degree felonies carry 2 to 10 years in prison under §12.34.
- Second-degree felonies carry 2 to 20 years under §12.33.
- First-degree felonies carry 5 to 99 years or life under §12.32.

Besides jail or prison time, courts can order fines, restitution, and probation. A felony conviction can also impact your job, professional licenses, and immigration status.

### Building A Defense Strategy

Each bank fraud case requires careful analysis. We begin by reviewing all available records and identifying weaknesses in the State’s theory.

Common defense strategies may include:

- Lack of intent to defraud.
- Mistaken identity.
- Business dispute rather than criminal conduct.
- Insufficient evidence of deception.
- Procedural violations in evidence collection.
- Unreliable witness testimony.

Since financial cases depend so much on paperwork, it’s important to review every detail. Often, the outcome depends on whether the prosecution can prove intent beyond a reasonable doubt.

### The Impact On Business Owners And Professionals

For business owners in Galveston and Houston, a bank fraud investigation can threaten more than personal freedom. It can damage a company’s reputation, disrupt operations, and lead to asset freezes.

Professionals such as real estate brokers, accountants, and loan officers may face licensing consequences. Even an investigation, without a conviction, can create long-term professional harm.

Getting a defense team involved early can help control the situation and protect your personal and business interests.

### Preparing For Grand Jury Proceedings

In felony cases, prosecutors may seek an indictment from a grand jury. Grand jury proceedings are conducted in secret, and defendants typically do not have the right to present a full defense at that stage.

However, strategic communication before indictment can sometimes influence the outcome. We assess whether presenting certain information may reduce the likelihood of formal charges.

Once you are indicted, the case moves into formal prosecution and the risks become greater.

### Collateral Consequences Beyond Prison

Even if a sentence does not involve lengthy incarceration, collateral consequences can be severe:

- Loss of voting rights during incarceration.
- Difficulty securing loans.
- Background check barriers.
- Damage to personal and business reputation.
- Travel restrictions.

A conviction for a financial crime often brings a stigma that lasts long after the court case is over.

## Frequently Asked Questions About Bank Fraud Investigations In Texas

### What Should I Do If I Am Contacted By Investigators About Bank Fraud?

If investigators reach out to you, don’t agree to an interview before talking to a defense attorney. You have the right to stay silent. Politely refuse to answer questions and let them know your attorney will be in touch. Early statements can lock you into a story that prosecutors might use against you later. Even honest explanations can be misunderstood if taken out of context.

### Can I Be Charged Even If I Did Not Personally Withdraw The Money?

Yes, prosecutors can pursue charges based on allegations of participation in a scheme. Under Texas Penal Code §7.02, a person may be criminally responsible as a party to an offense if they aid or encourage another. This means involvement does not require direct possession of funds. However, the State must prove intentional participation. Merely being associated with someone who committed fraud is not enough.

### What If The Bank Made An Error In Processing Transactions?

Banking systems are complex, and errors occur. If the alleged misconduct stems from accounting discrepancies or system mistakes, that can be part of the defense. The prosecution must prove that you acted with the intent to defraud. Mistakes, clerical errors, or misunderstandings do not satisfy that burden. A detailed review of transaction records often reveals issues that cast doubt on criminal intent.

### Will I Be Arrested Immediately After An Investigation Begins?

Not always. Some investigations go on for months before any charges are filed. Others lead to arrest warrants or indictments without warning. The timing depends on how complex the case is and the prosecutor’s approach. Having a lawyer early lets us keep track of what’s happening and get ready for what might come next.

### How Does The Amount Of Money Affect My Case?

The value of the alleged loss directly impacts the charge level under Texas Penal Code §31.03. Higher amounts increase the degree of felony and potential prison time. Accurate calculation of alleged losses is critical. Prosecutors sometimes include amounts that are legally disputable. Challenging inflated figures can reduce exposure significantly.

### Can A Bank Fraud Charge Be Dismissed?

A case can be dismissed if there isn’t enough evidence, if your rights were violated, or if the State can’t prove intent. Every case is different. Getting a defense team involved early makes it more likely we’ll find weaknesses before the case goes too far.

### Should I Continue Communicating With My Business Partners During An Investigation?

Be careful about what you say. Anything you tell business partners could become evidence. Talk to your lawyer before discussing the case with anyone. It’s important to protect your attorney-client privilege.

### Can A Bank Fraud Conviction Affect My Professional License?

Yes. Many Yes. Many licensing boards take financial crimes very seriously. A conviction can lead to discipline or losing your license. Even if you’re only facing charges, you might have to report them. Keeping your record clean is important for your career.

### Do Bank Fraud Cases Typically Last?

Financial crime cases often take months or even longer to finish because of all the documents and analysis involved. How long it takes depends on how complicated the case is, the court’s schedule, and whether it goes to trial. You’ll need patience and good preparation.

## Speak With Mark Diaz & Associates About Your Case

If you are being investigated for bank fraud in Galveston or Houston, acting quickly can make a big difference in your case. Mark Diaz & Associates offers focused criminal defense for people facing serious financial crime charges.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can come up at any time. You won’t be passed off to a junior lawyer or lost in a big system. From start to finish, I stay personally involved and easy to reach.

To schedule a free consultation, contact our [Galveston white collar crime defense lawyer ](/white-collar-crimes/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We help clients in Galveston and all over Houston, Texas. Getting a defense team early can make a real difference.

**Categories:** White Collar Crime

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### [DEA Investigation Warning Signs You Should Not Ignore](https://texascriminaljustice.com/dea-investigation-warning-signs-you-should-not-ignore/)

**Published:** February 28, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![NyUsa-February292020HomepageOfDeaWebsite](https://texascriminaljustice.com/wp-content/uploads/2026/02/DEA-Investigation-Warning-Signs-You-Should-Not-Ignore.jpg "NyUsa-February292020HomepageOfDeaWebsite")Finding out you might be under investigation by the Drug Enforcement Administration is often scary. Some people notice small warning signs before any charges are brought, while others only find out after agents reach out or carry out a search. Federal drug investigations can go on quietly for months before anyone is arrested. By the time an indictment happens, agents may already have gathered a lot of evidence. If you live in Galveston, Houston, or anywhere in Texas, spotting early warning signs and knowing your rights can help protect you from serious trouble.

DEA investigations often involve both federal law and Texas criminal laws. Sometimes, the case stays in federal court. Other times, charges are brought in Texas state court under the Texas Controlled Substances Act. No matter where the case is handled, penalties can include long prison sentences, large fines, and a permanent criminal record. Taking action early and making informed choices can really affect the outcome.

## What The DEA Investigates In Texas

The Drug Enforcement Administration investigates violations of federal drug laws, especially under [21 U.S.C. §841](https://www.justice.gov/usao-nh/frequently-used-federal-drug-statutes). This law makes it illegal to make, distribute, or possess controlled substances with the intent to distribute. Federal investigations often look into:

- Drug trafficking organizations
- Prescription drug diversion
- Fentanyl and opioid distribution
- Interstate drug transportation
- Conspiracy cases involving multiple people

In Texas, state prosecutors handle drug offenses under Texas Health and Safety Code §481.112 for making or delivering controlled substances, and §481.115 for possession. How serious the charges are depends on the type and amount of the drug. Joint task forces often include local police working alongside federal agents. This means what begins as a local investigation can quickly become a federal case.

### Common DEA Investigation Warning Signs

Many clients say they felt something was off before any formal charges were brought. Some warning signs are:

- Federal agents are contacting you for questioning
- A friend or associate suddenly cooperating with authorities.
- Being served with a grand jury subpoena
- Repeated surveillance near your home or business
- Unusual mail delays or intercepted packages
- Search warrants were executed at related locations.
- Phone calls or messages from unfamiliar numbers asking probing questions

If you notice any of these signs, it does not always mean you will be charged. Still, ignoring them can put you in danger.

### Contact From Federal Agents

A clear warning sign is when federal agents contact you directly. They might come to your home, your job, or call you. Sometimes, they say they just want to “ask a few questions.” Remember, anything you say can be used against you.

Under [18 U.S.C. §1001](https://www.justice.gov/archives/jm/criminal-resource-manual-903-false-statements-concealment-18-usc-1001), it is a federal crime to make false statements to federal agents, even if you are not charged with a drug crime. Many people hurt their own defense by trying to explain or talk themselves out of trouble. You have the right to stay silent and to talk to a lawyer before answering any questions.

### Grand Jury Subpoenas And Target Letters

If you get a grand jury subpoena, it is a strong sign that a federal investigation is happening. A subpoena might ask you to provide documents, records, or testimony. Sometimes, you might also get a “target letter,” which means the government thinks you are a target in a federal grand jury investigation.

Federal grand juries work under Rule 6 of the Federal Rules of Criminal Procedure. These proceedings are secret, and the government shares very little information. If you get a subpoena or target letter, get legal advice right away before you respond.

### Confidential Informants And Controlled Buys

DEA investigations often use confidential informants. These people may be helping the authorities to get lighter sentences for themselves. Informants might record conversations, set up controlled buys, or give inside information about suspected drug activity.

Texas Health and Safety Code §481.002 defines “deliver” in a broad way, including both actual and constructive transfers of a controlled substance. Prosecutors might use recorded conversations to support delivery or conspiracy charges. However, informants are not always trustworthy. Their motives and honesty can be questioned in court.

## Surveillance And Electronic Monitoring

Today, drug investigations often involve a lot of surveillance. This can include:

- Physical surveillance of vehicles and residences
- GPS tracking devices
- Wiretaps under Title III of the Omnibus Crime Control and Safe Streets Act
- Cell phone location data

Electronic monitoring usually needs court approval. If agents did not follow the rules, that evidence can be challenged. It is important to carefully review warrants and affidavits.

### Conspiracy Allegations In DEA Cases

Many federal drug cases include conspiracy charges under 21 U.S.C. §846. For a conspiracy charge, the government does not have to prove that drugs were found on you. Instead, they must show that two or more people agreed to break federal drug laws and that you knowingly joined in.

Conspiracy charges can make you responsible for more actions. Statements made by supposed co-conspirators might be used against you in court. That is why having a legal strategy early on is so important.

Federal drug convictions can lead to harsh penalties, including mandatory minimum prison sentences based on the type and amount of drug. For example, under 21 U.S.C. §841(b), trafficking certain amounts can mean at least five, ten, or even more years in prison.

Under Texas Health and Safety Code §481.112, delivery offenses are grouped by the type and amount of drug. Charges can range from state jail felonies to first-degree felonies, with possible sentences from 5 to 99 years or even life in prison for the most serious cases.

Collateral consequences may include:

- Asset forfeiture
- Federal supervised release
- Loss of firearm rights
- Immigration consequences
- Professional licensing issues

Knowing what you are facing helps you make smart choices about your defense.

## Why Early Legal Intervention Matters

Many DEA investigations build up quietly over time. By the time someone is arrested, the government may think it has enough evidence. Still, getting legal help early can:

- Prevent damaging statements
- Protect constitutional rights
- Preserve favorable evidence
- Identify weaknesses in the investigation.
- Open dialogue with prosecutors when appropriate

If you wait until charges are filed, your options may be limited. Acting early gives you more time to build a strong defense.

## DEA Investigation FAQs

### What Should I Do If DEA Agents Contact Me?

If DEA agents reach out to you, stay calm and polite. You do not have to answer questions without a lawyer present. You have the right to remain silent under the Fifth Amendment. Do not lie or give false information, since making false statements to federal agents can lead to more charges under 18 U.S.C. §1001. Ask for the agents’ names and contact details, and let them know you want to speak with a lawyer before answering any questions.

### Does Receiving A Subpoena Mean I Will Be Charged?

Not necessarily. A subpoena means the government is seeking information. You may be considered a witness, subject, or target. The distinction matters, but prosecutors do not always clearly explain your status. Before responding to any subpoena, have an attorney review it. Producing documents or testifying without guidance can create legal risks.

### Can The DEA Investigate Me Without Telling Me?

Yes. Most investigations happen without the person knowing. Agents might collect evidence through surveillance, informants, financial records, and electronic monitoring. Many people only find out about the investigation when agents contact them or carry out a search.

### What Is The Difference Between Federal And State Drug Charges?

Federal charges are handled in the United States District Court and are based on federal laws like 21 U.S.C. §841. State charges are brought under Texas law, mainly in the Texas Health and Safety Code Chapter 481. Federal cases usually involve bigger amounts, activity across state lines, or organized groups. Penalties in federal court can include mandatory minimum sentences, which limit the judge’s options

### What Is A Federal Conspiracy Charge?

A federal drug conspiracy charge uA federal drug conspiracy charge under 21 U.S.C. §846 means the government believes two or more people agreed to commit a drug crime. They do not have to prove drugs were found on you. Instead, they must show you knowingly joined the agreement. These cases often depend on witnesses who cooperate and recorded conversations.

### What Happens After A Federal Indictment?

After a federal indictment, you are usually arrested or told to appear in court. The process includes your first court appearance, a detention hearing if needed, arraignment, and pretrial steps. Then, there may be discovery, motions, and negotiations. Some cases go to trial, while others end with a plea deal.

### Can I Avoid Prison In A Federal Drug Case?

What happens in your case depends on many things, like the amount of drugs, your criminal history, whether you cooperate, and your legal defenses. Some cases may qualify for lighter sentences under federal rules. Every case is different, so it is important to look at your options closely.

### Should I Talk To A Co-Defendant About The Case?

No. Talking with co-defendants can be recorded or used against you in court. Even private talks might become evidence. Only discuss your case with your lawyer, where your conversations are protected.

## Speak With Mark Diaz & Associates About Your DEA Investigation

If you think the DEA is investigating you, do not ignore the warning signs. Federal drug investigations can move fast once agents take action. What you do now can have a big impact on your future.

Mark Diaz & Associates defends people facing serious drug investigations and charges in Galveston and all over Houston, Texas. We offer direct, hands-on help and focus on protecting your rights at every step.

When you hire me, you work with me directly. My clients get my personal cell phone number, because questions and emergencies do not always happen during business hours. You will not be passed off to a junior associate or lost in a big system. From arrest to resolution, I stay personally involved and available.

To schedule a free consultation, contact our [Galveston federal criminal defense attorney](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Taking action early can make a real difference in your case.

**Categories:** Drug Crime Lawyer

---

### [Out On Bond In Federal Court? Protect Yourself Before Trial](https://texascriminaljustice.com/out-on-bond-in-federal-court-protect-yourself-before-trial/)

**Published:** March 2, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![bail bonds](https://texascriminaljustice.com/wp-content/uploads/2022/02/bail-bonds.jpg "bail bonds")At first, being released on bond in a federal case can feel like a huge relief. You get to go home, see your family, and maybe even keep your job. Still, federal bond comes with strict rules and close supervision. One mistake could mean going back into custody.

Many people don’t realize how easy it is to lose federal pretrial release. Missing an appointment, failing a drug test, or even being accused of new misconduct can lead to your bond being revoked. Prosecutors take violations seriously, and judges have wide authority to detain you before trial. If you are out on bond in Galveston or Houston, it’s just as important to protect yourself as it is to prepare your defense.

We represent clients across Galveston and throughout the city of Houston who are facing federal charges while on pretrial release. The period between indictment and trial is critical. The choices you make during this time can affect your freedom, your sentence, and even how the court views you at trial.

## Understanding Federal Bond In Texas

Federal bond is governed primarily by the federal Bail Reform Act, found in [18 U.S.C. § 3142](https://www.justice.gov/archives/jm/criminal-resource-manual-26-release-and-detention-pending-judicial-proceedings-18-usc-3141-et). While your case may be pending in the Southern District of Texas, which includes Galveston and Houston, bond decisions are made under federal law. However, Texas criminal law concepts and local practice still shape how supervision and compliance are handled on the ground.

Under 18 U.S.C. § 3142, a judge must determine whether there are conditions of release that will reasonably assure:

- Your appearance in court
- The safety of the community

If the judge believes no condition can satisfy those goals, detention may be ordered. If release is granted, it often comes with detailed conditions that must be followed exactly.

In Texas state courts, bond conditions are addressed in the Texas Code of Criminal Procedure, including [Article 17.40](https://statutes.capitol.texas.gov/docs/CR/htm/CR.17.htm), which allows courts to impose reasonable conditions related to safety and court appearance. While the federal court controls your case, Texas law provides context for how supervision officers and courts view compliance and public safety.

### Common Federal Bond Conditions

When you are released in federal court in Galveston or Houston, your bond conditions may include:

- Reporting regularly to a federal pretrial services officer.
- Travel restrictions within a specific district.
- Electronic monitoring or GPS tracking.
- Curfew requirements.
- Drug and alcohol testing.
- Prohibition on possessing firearms.
- Restrictions on contact with co-defendants or witnesses.
- Employment requirements.
- Surrender of the passport.

These conditions are not suggestions. They are court orders. Violating them can result in immediate arrest and revocation of bond under [18 U.S.C. § 3148](https://www.justice.gov/archives/jm/criminal-resource-manual-26-release-and-detention-pending-judicial-proceedings-18-usc-3141-et).

### What Happens If You Violate A Federal Bond

If the government believes you violated a condition of release, it may file a motion to revoke the bond. Under 18 U.S.C. § 3148, the court can revoke release if it finds:

- Probable cause that you committed a federal, state, or local crime while on release, or
- Clear and convincing evidence that you violated another condition of release

If the court revokes the bond, you may be detained until trial. In federal court, trials can take months or longer to reach a conclusion. That means a violation can result in extended pretrial detention.

In addition, bond violations can negatively affect sentencing later. Judges often consider post-arrest conduct when evaluating acceptance of responsibility under the Federal Sentencing Guidelines. A violation may reduce your chances of receiving a lower sentence.

## Protecting Yourself From Common Bond Mistakes

We routinely advise clients that the pretrial period is not the time to test the limits of the system. The safest approach is strict compliance.

### Take Reporting Requirements Seriously

If you are required to report to pretrial services, do so on time and exactly as instructed. Keep records of your communications. Save emails. Document phone calls. If you are unsure about a requirement, ask before acting.

### Avoid Risky Situations

If your case involves drugs, alcohol, firearms, or financial crimes, avoid any conduct that could be viewed as related behavior. Even lawful activity can create suspicion if it appears similar to the conduct charged.

For example, Texas Penal Code § 46.04 prohibits unlawful possession of a firearm by certain persons. If you are prohibited from possessing firearms as a bond condition, even indirect access can create problems.

### Do Not Contact Witnesses Or Co-Defendants

Many federal cases in Galveston and Houston involve multiple defendants. Bond orders frequently prohibit contact. This includes indirect contact through third parties or social media. A simple text message can be enough to trigger a violation.

### Comply With Drug Testing

If drug testing is required, assume that any failure will be reported immediately. Even prescription medications should be disclosed in advance to avoid misunderstandings.

## Travel Restrictions And Texas Considerations

Most federal bond conditions limit travel to the Southern District of Texas unless prior approval is granted. This typically includes Galveston, Houston, and surrounding counties.

Leaving the district without permission can result in immediate action. If you need to travel for work, family emergencies, or medical treatment, approval must be obtained first.

Texas law enforcement agencies coordinate with federal authorities. A simple traffic stop outside your permitted area can expose a violation.

## Employment And Financial Conduct While On Bond

Maintaining lawful employment is often a bond condition. It can also benefit you at sentencing. Judges consider stability, responsibility, and community ties.

If your case involves allegations of fraud, wire fraud, or financial crimes, the court may impose restrictions on financial transactions. Avoid large or unusual transfers. Keep clean records. Transparency is key.

Under Texas Penal Code § 32.32 and related statutes involving financial crimes, state-level conduct can also lead to new charges while on federal bond. Any new arrest, even at the state level, can jeopardize your federal release.

## Avoiding New Criminal Allegations

New criminal allegations are one of the fastest ways to lose bond. Under 18 U.S.C. § 3148, probable cause of a new crime creates a presumption that no condition will assure safety.

Texas criminal statutes that frequently cause issues include:

- Texas Penal Code § 22.01 (Assault)
- Texas Penal Code § 49.04 (Driving While Intoxicated)
- Texas Penal Code § 31.03 (Theft)

Even a misdemeanor arrest can have major federal consequences. While the new charge may be minor, the bond impact can be severe.

## Social Media And Public Statements

Federal investigators monitor social media. Comments about your case, alleged victims, or co-defendants can be used against you. Avoid discussing the case publicly. Do not post photos that contradict bond conditions, such as travel outside approved areas.

Silence protects you. Loose statements create evidence.

## Preparing For Trial While On Bond

Being out on bond allows you to participate actively in your defense. Use that time wisely.

- Meet with your attorneys regularly
- Review discovery carefully
- Identify witnesses
- Gather documents
- Follow all legal advice

Courts notice defendants who take their case seriously. Compliance and preparation often influence negotiations and sentencing outcomes.

## The Long-Term Impact Of Your Conduct On Bond

Judges in Galveston and Houston consider your behavior during pretrial release. Strong compliance can support arguments for leniency. Poor compliance can do the opposite.

The Federal Sentencing Guidelines allow reductions for acceptance of responsibility. Consistent law-abiding behavior while on bond strengthens that position. Violations weaken it.

Pretrial conduct shapes how the court views your character. Every action matters.

## Frequently Asked Questions About Being Out On Bond In Federal Court

### What Happens If I Miss A Pretrial Services Appointment?

Missing an appointment can be treated as a violation of bond conditions. The pretrial officer may file a report with the court. Depending on the circumstances, the judge may issue a warning, modify conditions, or revoke bond. If the failure appears intentional or repeated, detention is more likely. If you miss an appointment due to an emergency, notify your attorney and pretrial services immediately and provide documentation.

### Can I Travel Outside Texas While On Federal Bond?

Most federal bond orders restrict travel to the judicial district unless advance permission is granted. For defendants in Galveston or Houston federal court, this typically means remaining within the Southern District of Texas. Travel outside that area requires prior approval. Traveling without permission is a serious violation and can result in arrest.

### Will A Minor Traffic Ticket Affect My Bond?

A simple traffic citation may not automatically revoke bond, but it must be disclosed to your attorney. If the ticket involves alcohol, reckless driving, or leaving the permitted travel area, it can create problems. Repeated violations may signal to the court that you are not complying with conditions.

### Can I Change Jobs While On Federal Release?

In most cases, yes, but you must notify pretrial services. Employment changes that involve travel, financial authority, or access to restricted items may require court approval. Transparency prevents misunderstandings.

### What If I Accidentally Contact A Co-Defendant?

Accidental contact should be reported immediately. Continuing communication after realizing the mistake can be viewed as intentional. Courts take no-contact conditions seriously, especially in conspiracy cases.

### Can I Drink Alcohol While On Bond?

If your bond conditions prohibit alcohol use, even limited consumption can violate the order. Drug and alcohol testing may detect use days later. If alcohol is not expressly prohibited, ask your attorney before assuming it is allowed.

### How Does Bond Compliance Affect Sentencing?

Judges consider your conduct during pretrial release when deciding sentencing. Positive behavior may support arguments for leniency and acceptance of responsibility. Violations can result in higher sentences and denial of reductions.

### Can The Government Appeal My Release?

Yes. Under federal law, the government can seek review of a release order. If that occurs, you may have another hearing. Strong compliance after release can strengthen your position.

### What Should I Do If I Am Accused Of Violating Bond?

Contact your attorney immediately. Do not make statements without legal advice. Gather documentation and evidence supporting your position. Early action can influence how the court responds.

### Is It Better To Be Out On Bond During A Federal Case?

Yes. Being out allows you to assist in your defense, maintain employment, and support your family. However, it requires strict discipline. The benefit of release only continues as long as conditions are followed.

## Protect Your Freedom With Mark Diaz & Associates

If you are out on bond in federal court in Galveston or anywhere in Houston, your case is not on pause. Every decision you make matters. Bond violations can cost you your freedom before trial even begins.

Mark Diaz & Associates represents clients in Galveston and throughout the city of Houston who are facing serious federal charges. We provide direct, hands-on representation from the beginning of your case through trial and resolution.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Protect your bond. Protect your future.

**Categories:** Criminal Defense Lawyer

---

### [Possession With Intent To Distribute In Federal Court](https://texascriminaljustice.com/possession-with-intent-to-distribute-in-federal-court/)

**Published:** March 4, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![HandOfAddictManWithMoneyBuyingDoseOfCocaine](https://texascriminaljustice.com/wp-content/uploads/2025/10/Diaz-3-What-to-Do-If-Youre-Arrested-for-Drug-Trafficking-in-Texas_October-2025.jpg "HandOfAddictManWithMoneyBuyingDoseOfCocaine")Facing a federal charge of possession with intent to distribute is extremely serious. Federal prosecutors are often aggressive, especially if the case involves large amounts of drugs, firearms, or activity across state lines. Many people do not realize how quickly a drug case can shift from state to federal court. When this happens, the penalties become harsher, the process changes, and the risk of a long sentence increases. If you are being investigated or have been charged in Galveston, Houston, or anywhere in the Southern District of Texas, it is important to know what you are up against and how to protect yourself.

We help people accused of federal drug crimes in [Galveston](https://www.galvestontx.gov/) and the Houston area. Our job is to review the government’s evidence, challenge any violations of your rights, and work to reduce or dismiss charges when possible. Federal court is not the same as state court, and these cases require quick and careful action.

## What Does ” Possession With Intent To Distribute ” Mean Under Federal Law

Possession with intent to distribute is prosecuted under [21 U.S.C. §841(a)(1)](https://www.law.cornell.edu/uscode/text/21/841). Under that statute, it is unlawful to knowingly or intentionally possess a controlled substance with the intent to distribute it. Unlike simple possession, the government does not need to prove an actual sale occurred. Instead, prosecutors must show that the defendant intended to distribute the substance.

Intent is often inferred from circumstantial evidence. Federal agents may rely on:

- Drug quantity
- Packaging materials
- Digital scales
- Large amounts of cash
- Text messages or recorded communications
- Firearms found during the search

The type and amount of the drug are very important. Federal law puts drugs into different categories, and the penalties depend on both the kind of drug and how much there is.

## How Federal Drug Charges Differ From Texas State Charges

In the Texas state court, drug offenses are governed by the Texas Controlled Substances Act, found in Texas Health and Safety Code Chapter 481. For example:

- Texas Health and Safety Code [§481.112](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-112/) addresses the manufacture or delivery of controlled substances.
- Texas Health and Safety Code [§481.115](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-115/) addresses possession of certain controlled substances.

State charges are typically filed in district court and may involve different sentencing ranges than federal cases. Federal prosecutions often arise when:

- The alleged conduct crosses state lines.
- Federal agencies such as the DEA are involved
- Large quantities of drugs are seized.
- Conspiracy charges involve multiple defendants.

Federal sentences are often harsher because of mandatory minimum penalties and the Federal Sentencing Guidelines.

## Mandatory Minimum Sentences In Federal Drug Cases

Under [21 U.S.C. §841(b)](https://www.law.cornell.edu/uscode/text/21/841), penalties are tied to drug type and weight. For example:

- Certain quantities of cocaine, methamphetamine, heroin, or fentanyl can trigger a 5-year mandatory minimum.
- Higher quantities may trigger a 10-year mandatory minimum.
- Prior felony drug convictions can increase mandatory minimum exposure.

These mandatory minimums limit judicial discretion. In some cases, a defendant may qualify for relief under the federal “safety valve” provision found in 18 U.S.C. §3553(f), but strict criteria apply.

It is important to know the exact amount listed in the indictment, since even small differences in weight can have a big impact on your sentence.

## Elements The Government Must Prove

To convict someone of possession with intent to distribute, federal prosecutors must prove beyond a reasonable doubt:

- The defendant knowingly possessed a controlled substance.
- The substance was, in fact, a controlled substance.
- The defendant intended to distribute it.

Possession can be actual or constructive. Constructive possession means someone had control over the drugs, even if they were not physically holding them. This is often a key issue in cases with shared cars, homes, or storage units. The defense may argue that the quantity was consistent with personal use or that the accused lacked knowledge of the substance’s presence.

## Federal Conspiracy Charges

Many possession with intent cases also include conspiracy allegations under 21 U.S.C. §846. Conspiracy charges allow prosecutors to hold defendants responsible for the foreseeable actions of others involved in the alleged agreement.

In conspiracy cases:

- A formal written agreement is not required.
- The government may rely heavily on cooperating witnesses.
- Sentencing exposure can expand based on the overall conspiracy drug weight.

Because conspiracy laws cover a wide range of actions, even minor involvement can lead to serious penalties.

## Search And Seizure Issues In Federal Drug Cases

Fourth Amendment protections remain central in federal court. If law enforcement violated constitutional protections, evidence may be suppressed.

Common issues include:

- Unlawful traffic stops
- Improper search warrants
- Lack of probable cause
- Warrantless searches without valid consent
- Overbroad warrant execution

We carefully review the affidavits that support search warrants. If there are false statements or missing information, we can request a Franks hearing to challenge the warrant’s validity.

## Traffic Stops And Vehicle Searches In Texas

Many federal drug cases begin with a traffic stop in Galveston County or along major highways leading into Houston. Texas law enforcement officers must have reasonable suspicion to stop a vehicle. Once stopped, the expansion of the stop must be justified.

If drugs were discovered after an unlawful extension of the stop, suppression may be possible. Federal courts in Texas closely analyze these issues under established Fourth Amendment precedent.

## Role Of The Federal Sentencing Guidelines

Although federal judges are not strictly bound by the Sentencing Guidelines, they heavily influence outcomes. Drug quantity drives the base offense level under the Guidelines.

Enhancements may apply for:

- Firearm possession
- Leadership role in the offense
- Maintaining a drug premises
- Obstruction of justice

Criminal history also significantly impacts the sentencing range. A careful review of prior convictions is essential to ensure they are scored properly.

## Possible Defenses In Possession With Intent Cases

Every case is unique, but common defense strategies include:

**Lack Of Knowledge**

The government must prove knowing possession. If drugs were hidden in a vehicle or residence without the defendant’s knowledge, this may undermine the prosecution’s case.

**Personal Use Argument**

In some cases, the quantity may not clearly establish intent to distribute. Expert testimony may be used to contest the government’s interpretation of drug weight and packaging.

**Suppression Of Evidence**

If evidence was obtained through constitutional violations, suppression can dramatically weaken or end a case.

**Challenging Cooperating Witnesses**

Federal cases often rely on testimony from cooperating co-defendants. These witnesses may have incentives to testify favorably for the government in exchange for sentencing consideration.

Cross-examination and impeachment of such witnesses can be critical at trial.

## Collateral Consequences Of A Federal Drug Conviction

Beyond prison exposure, a conviction may result in:

- Substantial fines
- Supervised release terms
- Asset forfeiture under 21 U.S.C. §853
- Loss of firearm rights
- Immigration consequences for non-citizens
- Professional licensing issues

Because federal convictions are permanent and highly visible in background checks, the long-term impact is significant.

## Importance Of Early Legal Representation

Federal investigations often begin months before an arrest. If you have received a target letter, grand jury subpoena, or contact from federal agents, early representation can make a meaningful difference.

We advise clients not to speak with federal agents without counsel. Statements made during informal interviews can later be used in court. Even seemingly harmless conversations may become evidence.

## Frequently Asked Questions About Possession With Intent To Distribute In Federal Court

### What Is The Difference Between Simple Possession And Possession With Intent To Distribute?

Simple possession typically involves having a controlled substance for personal use. Possession with intent to distribute requires proof that the accused planned to sell, deliver, or otherwise distribute the drug. Federal prosecutors often rely on drug quantity, packaging, and surrounding evidence to argue intent. The penalties are much higher for intent to distribute compared to simple possession.

### How Much Prison Time Could I Face For A Federal Drug Distribution Charge?

The sentence depends on drug type, weight, prior convictions, and guideline calculations. Certain drug quantities trigger 5-year or 10-year mandatory minimums under 21 U.S.C. §841(b). Larger quantities can result in significantly longer sentences. Criminal history and enhancements may increase exposure. Each case requires individualized analysis.

### Can Federal Charges Be Reduced To State Charges?

In some situations, federal prosecutors may decline prosecution or resolve a case in a way that avoids mandatory minimum penalties. However, once a federal indictment is filed, the case generally remains in federal court. Whether reduction is possible depends on the evidence strength and negotiation dynamics.

### What Is A Federal Grand Jury Indictment?

A grand jury indictment is a formal accusation that probable cause exists to charge someone with a federal crime. Grand jury proceedings are not open to the public, and defendants typically do not present evidence during that stage. After indictment, the case proceeds toward arraignment and pretrial litigation.

### Can Evidence Be Suppressed In Federal Court?

Yes. If evidence was obtained in violation of the Fourth Amendment, a motion to suppress may be filed. If the court grants suppression, the excluded evidence cannot be used at trial. In some cases, suppression significantly weakens the prosecution’s case.

### What Is The Federal Safety Valve?

The safety valve under 18 U.S.C. §3553(f) allows certain defendants to receive sentences below mandatory minimums if they meet specific criteria. Requirements include a limited criminal history and truthful disclosure of information to the government. Not every defendant qualifies, and timing is critical.

### Do Federal Drug Cases Always Go To Trial?

Most federal criminal cases are resolved through negotiated plea agreements. However, trial remains an option, especially when factual or constitutional disputes exist. The decision to proceed to trial depends on evidence strength, sentencing exposure, and client goals.

### How Long Do Federal Drug Cases Take?

Federal cases often take several months to over a year to resolve. Factors include forensic testing, motion practice, cooperation issues, and court scheduling. While the timeline may feel lengthy, thorough preparation is essential.

### What Happens After Sentencing In Federal Court?

After sentencing, defendants may serve time in a federal Bureau of Prisons facility followed by supervised release. Conditions of supervised release can include drug testing, reporting requirements, and restrictions on travel or employment.

### Should I Speak With Federal Agents If They Contact Me?

We strongly advise against speaking with federal agents without legal counsel present. Even informal conversations can create significant legal risk. Protecting your rights early can prevent avoidable mistakes.

## Speak With Mark Diaz & Associates About Federal Drug Charges

A possession with intent to distribute charge in federal court is not something you should face alone. Mark Diaz & Associates represents clients accused of serious federal drug crimes in Galveston and throughout the city of Houston, Texas. We understand the procedures, sentencing structures, and defense strategies involved in federal court.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). If you are under investigation or have been indicted in Galveston or anywhere in Houston, we are prepared to stand beside you and fight for your future.

**Categories:** Drug Trafficking

---

### [What Happens After You Become The Target Of A Federal Investigation](https://texascriminaljustice.com/what-happens-after-you-become-the-target-of-a-federal-investigation/)

**Published:** March 7, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![SpecialFederalIntelligenceAgentWomanInBlackSuitAndBig](https://texascriminaljustice.com/wp-content/uploads/2026/03/What-If-You-Become-The-Target-Of-A-Federal-Investigation.jpg "SpecialFederalIntelligenceAgentWomanInBlackSuitAndBig")Discovering you are the target of a federal investigation is unsettling. Many first learn of this when federal agents arrive, serve a subpoena, or deliver a target letter from the United States Attorney’s Office. Others hear from someone who has already been questioned. Regardless of how you find out, the situation is serious and demands immediate attention. Federal investigations often proceed quietly, and by the time you are notified, significant evidence may already have been collected.

We represent clients in [Galveston](https://www.galveston.com/) and the Houston area facing federal scrutiny. These cases often involve joint investigations by federal and local law enforcement. Understanding your rights under both federal and Texas law is essential. Early decisions can significantly affect your case’s outcome.

## What It Means To Be A Target Of A Federal Investigation

Federal prosecutors use three common terms during investigations: witness, subject, and target.

A “target” is someone the prosecutor believes is strongly linked to a federal crime. Receiving a target letter typically means the government is seriously considering charges against you.

Federal investigations in Galveston and Houston are typically handled by agencies such as the FBI, DEA, ATF, Homeland Security Investigations, or IRS Criminal Investigation. Even though the case is federal, Texas criminal statutes can still become relevant. For example, conduct that violates Texas Penal Code §31.03 (Theft), §32.21 (Forgery), or §22.01 (Assault) may also form the basis for federal charges if interstate commerce or federal jurisdiction is involved.

Being labeled a target does not mean you are convicted. It indicates the government suspects you of a crime and is building a case.

### How Federal Investigations Begin

Federal investigations often start long before the target knows anything about them. Common triggers include:

- Reports from confidential informants
- Financial transaction monitoring
- Wiretaps authorized by federal courts
- Data from cooperating witnesses
- Referrals from Texas law enforcement agencies
- Grand jury subpoenas

Sometimes, a state-level offense under Texas law draws federal attention. For example, repeated narcotics violations under Texas Controlled Substances Act provisions in Texas Health and Safety Code Chapter 481 can lead to federal drug trafficking charges if large quantities or interstate activity are involved.

By the time you are contacted, the investigation may have been ongoing for months.

### The Significance Of A Federal Target Letter

A target letter is a formal notice from a federal prosecutor stating you are the focus of a grand jury investigation. It may invite you to testify or request that you contact the prosecutor’s office.

You should never respond to a target letter without legal counsel. Anything you say can be used against you. False statements to federal agents are themselves federal crimes under 18 U.S.C. §1001. In addition, lying to a Texas peace officer can trigger charges under Texas Penal Code §37.08 (False Report To Peace Officer).

We advise clients not to communicate directly with investigators. Early legal representation helps control information and protect your rights.

### Search Warrants And Seizure Of Property

If you are a target, agents may seek search warrants for If you are a target, agents may seek search warrants for your home, business, phone, or computer. The Fourth Amendment protects against unreasonable searches and seizures, but federal magistrate judges can issue warrants if there is probable cause.in Chapter 18 of the Texas Code of Criminal Procedure. If local officers participate in executing a warrant, compliance with both federal and Texas requirements is required.

If agents execute a search warrant:

- Remain calm
- Do not interfere
- Do not consent to additional searches.
- Do not answer substantive questions without counsel.

We review the warrant affidavit and execution process to determine if constitutional violations occurred. Unlawfully obtained evidence may be suppressed.

### The Role Of The Federal Grand Jury

Most federal felony charges are brought through a grand jury indictment. A grand jury reviews evidence presented by the prosecutor and decides whether probable cause exists to issue formal charges.

Grand jury proceedings are secret. You and your attorney generally do not have the right to present evidence unless invited. If you are subpoenaed to testify, you must appear, but you still have Fifth Amendment rights against self-incrimination.

Under Texas Penal Code §38.05 (Hindering Apprehension Or Prosecution), helping someone avoid arrest or prosecution can create separate criminal liability. It is critical that friends or family members do not attempt to interfere with the investigation.

### Possible Federal Charges That May Follow

The specific charges depend on the facts. Common federal prosecutions in the Galveston and Houston area include:

- Drug trafficking and conspiracy
- Wire fraud and mail fraud
- Healthcare fraud
- Firearms offenses
- Immigration-related crimes
- Child exploitation offenses

Many of these cases have parallel conduct that violates Texas statutes. For example:

- Texas Penal Code §46.04 prohibits unlawful possession of a firearm by a felon.
- Texas Penal Code §32.31 addresses credit card abuse.
- Texas Penal Code §22.011 defines sexual assault.

When conduct violates both federal and Texas law, prosecutors select the forum with strategic advantages. Federal sentencing guidelines often result in substantial prison time.

### Arrest And Initial Appearance

If the grand jury returns an indictment, a federal arrest warrant may issue. After arrest, you will have an initial appearance before a federal magistrate judge.

At this hearing, the court addresses:

- Identity confirmation
- Appointment of counsel if eligible
- Detention or bond

Pretrial detention is common in federal cases, especially those involving drugs, firearms, or alleged violence. Demonstrating community ties, employment, and low flight risk is important.

Texas law also criminalizes Bail Jumping under Texas Penal Code §38.10. Strict compliance with bond conditions is critical to avoid additional charges.

### The Importance Of Early Legal Strategy

Once you become a target, waiting rarely helps. Early involvement allows us to:

- Assess potential exposure
- Communicate with federal prosecutors when appropriate.
- Protect against self-incrimination
- Preserve evidence
- Evaluate whether cooperation discussions are in your interest.

Every case requires a tailored approach. Some cases involve challenging search warrants, while others focus on weaknesses in financial tracing or witness credibility. In some situations, strategic negotiation before indictment can influence charging decisions.

Federal prosecutors sometimes offer “proffer” sessions to individuals under investigation. During a proffer, the target provides information in hopes of receiving favorable treatment.

These sessions carry risks. If your statements contradict other evidence, they can be used against you. Written proffer agreements specify how information may be used. Careful review is essential before participating.

In cases involving state-level conduct, cooperation that implicates violations of Texas Penal Code provisions can create additional exposure if not handled properly.

### Sentencing Exposure In Federal Court

If charges are filed and you are convicted, sentencing follows federal law and the United States Sentencing Guidelines. Unlike Texas state courts, which use defined sentencing ranges, federal guidelines calculate offense levels and criminal history to determine advisory ranges.

Federal sentences can include:

- Lengthy prison terms
- Supervised release
- Substantial fines
- Asset forfeiture

Forfeiture proceedings may involve property connected to alleged criminal conduct. Texas also has forfeiture laws under Chapter 59 of the Texas Code of Criminal Procedure, which sometimes operate alongside federal forfeiture actions.

### Collateral Consequences

A federal conviction affects far more than incarceration. Consequences may include:

- Loss of professional licenses
- Ineligibility for certain employment
- Immigration consequences
- Firearm restrictions
- Damage to reputation and business relationships

Given these lasting impacts, it is essential to defend your case aggressively from the outset.

## FAQs About Being The Target Of A Federal Investigation

### How Do I Know If I Am A Target And Not Just A Witness?

You may receive a formal target letter from the United States Attorney’s Office. Agents may also tell you directly. If investigators read you your rights and focus questions on your conduct, that is a strong sign you are more than a witness. We review all communications carefully to determine your status.

### Should I Talk To Federal Agents If I Have Done Nothing Wrong?

Even innocent statements can be misunderstood or mischaracterized. Federal investigators are trained to gather admissions and inconsistencies. Providing false information can lead to separate charges under federal law and may implicate Texas Penal Code §37.08 if state officers are involved. Speaking with counsel first protects you from unnecessary risk.

### Can I Be Arrested Without Warning?

Yes. If a grand jury returns an indictment, an arrest warrant can issue without advance notice. In some cases, agents request that individuals self-surrender. In others, they make unannounced arrests. Preparation and early legal involvement can sometimes facilitate a controlled surrender.

### What Happens If I Destroy Evidence After Learning About The Investigation?

Destroying or altering evidence can result in obstruction charges. Under Texas Penal Code §37.09 (Tampering With or Fabricating Physical Evidence), altering or destroying evidence with the intent to impair its availability is a crime. Federal obstruction statutes carry serious penalties as well. You should preserve all materials and discuss them with counsel.

### Can Federal Charges Be Dismissed Before Trial?

Yes, but dismissal depends on legal and factual issues. If a search warrant violates constitutional standards, evidence may be suppressed. If prosecutors cannot prove elements of the offense beyond a reasonable doubt, dismissal may occur. Motions practice plays a key role in federal defense.

### What Is The Difference Between State And Federal Prosecution?

Federal cases are prosecuted by the United States Attorney’s Office and follow federal procedural rules. State cases are prosecuted by Texas district attorneys under Texas statutes. Federal cases often involve broader investigative resources and structured sentencing guidelines. When conduct violates both systems, prosecutors decide where to file.

### Will My Case Be Public?

Federal indictments and court proceedings are generally public record. Media coverage may occur, especially in high-profile matters. Protecting your rights while managing public exposure requires a thoughtful strategy.

### How Long Do Federal Investigations Last?

Some investigations resolve within months. Others continue for years before charges are filed. The timeline depends on complexity, number of defendants, financial analysis, and forensic review. Even long periods of silence do not necessarily mean the investigation has ended.

### Should I Tell My Employer?

This decision depends on your employment contract and professional obligations. Certain licenses require disclosure of investigations or arrests. We help clients assess risks and obligations before making disclosures.

### What Is The Most Important Thing To Do First?

Do not speak to investigators without counsel. Preserve documents. Contact a criminal defense lawyer immediately. Early legal guidance can prevent mistakes that are difficult to undo later.

## Contact Mark Diaz & Associates For Federal Criminal Defense

If you have become the target of a federal investigation in Galveston or anywhere in the Houston area, the time to act is now. Mark Diaz & Associates provides direct, focused criminal defense representation for individuals facing serious federal scrutiny.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

To schedule a free consultation, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout the city of Houston, Texas.

**Categories:** Federal Criminal Defense Lawyer

---

### [Federal Embezzlement Defense For Professionals In Texas](https://texascriminaljustice.com/federal-embezzlement-defense-for-professionals-in-texas/)

**Published:** March 5, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![WordEmbezzlementAndTornPaperWithData](https://texascriminaljustice.com/wp-content/uploads/2026/03/Federal-Embezzlement-Defense.jpg "WordEmbezzlementAndTornPaperWithData")Embezzlement allegations can jeopardize a professional’s career, finances, and reputation. Accused individuals are often accountants, executives, managers, financial officers, government employees, or others entrusted with money or property. Even a single allegation may result in criminal charges, internal investigations, licensing issues, and lasting harm to a hard-earned career. In Texas, these cases typically involve extensive financial records, digital evidence, and thorough federal investigations. Early legal defense is essential to safeguard both freedom and professional standing.

Embezzlement may be prosecuted under federal law if it involves interstate transactions, federally insured institutions, government programs, or wire communications. Texas criminal statutes often apply alongside federal charges, particularly when theft or fraud is alleged under state law. Professionals should understand how both state and federal laws may impact their case.

As defense attorneys, we carefully examine allegations, analyze financial evidence, challenge weaknesses in the government’s case, and protect our clients’ rights throughout the legal process.

## Understanding What Embezzlement Means Under Texas Law

Texas law does not use the specific word “embezzlement” in its criminal statutes. Instead, the conduct commonly described as embezzlement is prosecuted under the Texas theft statute.

[Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03) defines theft as unlawfully appropriating property with the intent to deprive the owner of that property. In many professional settings, the allegation is that a person who had lawful access to funds or property used that access to take money or assets without authorization.

This often occurs in situations involving:

- Company financial accounts
- Payroll systems
- Corporate credit cards
- Client trust accounts
- Government program funds
- Financial transfers or reimbursements

The law focuses on whether the person had the intent to deprive the owner of property. In professional cases, the issue of intent is often heavily disputed.

### When Embezzlement Allegations Become Federal Crimes

Many financial misconduct cases move into federal court because of the way the transactions occurred. Federal jurisdiction commonly applies when the alleged activity involves:

- Interstate financial transactions
- Federal financial institutions
- Electronic wire communications
- Federal government funds
- Mail or electronic fraud schemes

Federal prosecutors frequently charge embezzlement-related conduct under statutes such as:

- [18 U.S.C. §1343](https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud) – Wire Fraud
- [18 U.S.C. §1341](https://www.law.cornell.edu/uscode/text/18/1341) – Mail Fraud
- [18 U.S.C. §656](https://www.govinfo.gov/app/details/USCODE-2023-title18/USCODE-2023-title18-partI-chap31-sec656) – Theft or Embezzlement from Financial Institutions
- [18 U.S.C. §641](https://www.law.cornell.edu/uscode/text/18/641) – Theft of Government Property

Although these are federal laws, Texas criminal statutes can still play a role when state theft charges are filed alongside federal investigations.

Professionals accused of these offenses often face investigations from agencies such as the FBI, the Internal Revenue Service Criminal Investigation Division, or the Department of Justice.

### Theft Penalties Under Texas Criminal Law

When prosecutors bring theft charges under Texas law in connection with alleged embezzlement, the potential penalties depend largely on the value of the property involved.

[Texas Penal Code §31.03(e)](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03) sets out different offense levels based on the value of the alleged loss.

Examples include:

- Theft of $2,500 to $30,000 – State jail felony
- Theft of $30,000 to $150,000 – Third-degree felony
- Theft of $150,000 to $300,000 – Second-degree felony
- Theft of $300,000 or more – First-degree felony

First-degree felonies in Texas carry penalties of 5 to 99 years in prison under Texas Penal Code §12.32.

Given these penalties, professionals accused of financial crimes should take such charges seriously from the outset.

### How Embezzlement Investigations Begin

In many professional embezzlement cases, the investigation starts long before a criminal charge is filed.

Common triggers include:

- Internal corporate audits
- Reports from accountants or financial departments
- Whistleblower complaints
- Suspicious banking activity
- Reports to regulatory agencies

Once irregularities are discovered, companies often conduct internal investigations before contacting law enforcement.

By the time authorities become involved, investigators may already possess months of financial records, emails, and accounting data.

Professionals should exercise caution when approached by investigators or asked to provide statements.

### Evidence Often Used In Embezzlement Cases

Financial crime cases rely heavily on documents and digital evidence. Prosecutors typically build their case using financial analysis to show alleged patterns of misconduct.

Evidence frequently includes:

- Accounting records
- Bank statements
- Internal company ledgers
- Electronic transfer records
- Email communications
- Financial audit reports
- Witness statements from coworkers or auditors

Large financial cases often involve forensic accountants who analyze transactions and prepare reports for prosecutors.

However, these reports are not always accurate or complete. Defense attorneys often identify errors in financial assumptions or incomplete analyses.

## Defense Strategies In Professional Embezzlement Cases

Every case has unique facts, but several defense approaches are commonly used in financial crime cases involving professionals.

### Lack Of Criminal Intent

Intent is one of the most important elements of any theft charge under Texas Penal Code §31.03.

Financial irregularities do not automatically mean a crime occurred. Mistakes, accounting errors, or misunderstood financial authority may create the appearance of misconduct when no criminal intent existed.

A strong defense may involve demonstrating that transactions were authorized, misunderstood, or incorrectly interpreted.

### Disputed Financial Calculations

In many cases, the government’s loss calculation determines the severity of charges and potential penalties.

Defense teams often review financial records independently to determine whether:

- Transactions were counted multiple times.
- Legitimate business expenses were misinterpreted.
- Accounting practices were misunderstood.

A reduction in the alleged loss amount can significantly affect the outcome of a case.

### Lack Of Direct Evidence

Many financial crime prosecutions rely on circumstantial evidence. Prosecutors may attempt to connect financial activity to a specific individual through assumptions about who had access to accounts.

If multiple people had access to the same systems or records, proving responsibility can become far more difficult.

### Constitutional Violations

Financial investigations sometimes involve search warrants, subpoenas, and seizures of digital records.

If investigators obtained evidence improperly, that evidence may be challenged under constitutional protections.

## Professional Consequences Beyond Criminal Penalties

For professionals, the consequences of embezzlement allegations extend beyond the courtroom.

Possible additional consequences include:

- Loss of professional licenses
- Regulatory investigations
- Employment termination
- Damage to professional reputation
- Civil lawsuits seeking repayment of funds

Licensing boards for accountants, attorneys, medical professionals, and financial advisors may initiate disciplinary actions following criminal allegations.

Because these consequences may arise before a criminal case is resolved, early legal representation is essential.

## Why Early Legal Defense Matters In Financial Crime Cases

Financial crime investigations can last months or even years before charges are filed.

Professionals may believe they can resolve misunderstandings by speaking directly with investigators. However, statements made during these conversations can later be used as evidence.

Early legal defense allows attorneys to:

- Communicate with investigators on behalf of the client.
- Review financial evidence before charges are filed.
- Identify weaknesses in the investigation.
- Protect the client’s constitutional rights.

Early involvement by defense counsel can often influence the direction of the investigation.

## Frequently Asked Questions About Federal Embezzlement Charges In Texas

### What Is Considered Embezzlement In Texas?

Texas criminal law generally treats embezzlement as a form of theft under Texas Penal Code §31.03. The accusation usually involves someone who had lawful access to funds or property but allegedly used that access to take money or assets without permission. This frequently occurs in workplaces where employees manage accounts, payments, or financial records. Prosecutors must prove that the person intentionally appropriated property and intended to deprive the owner of that property.

### Can A Professional Be Charged With Both Federal And State Crimes For Embezzlement?

Yes. Some cases involve both federal and state charges. Federal prosecutors may pursue charges when financial transactions cross state lines or involve federal institutions. At the same time, Texas authorities may file theft charges under state law. The specific circumstances of the case determine which jurisdiction handles the prosecution.

### How Do Federal Investigators Build Embezzlement Cases?

Federal investigators often rely on extensive financial documentation. They examine bank records, internal accounting reports, electronic communications, and digital financial systems. In many cases, forensic accountants review financial transactions to identify patterns or irregularities. However, these analyses can be challenged when assumptions or interpretations are incorrect.

### Can An Embezzlement Charge Be Based On Accounting Errors?

Accounting mistakes can sometimes appear suspicious during audits or financial reviews. However, criminal charges require proof of intent to deprive someone of property. Errors, misunderstandings, or poor recordkeeping do not automatically prove criminal conduct. A defense attorney can review the financial records to determine whether legitimate explanations exist for the transactions.

### What Happens If A Company Conducts Its Own Investigation Before Contacting Law Enforcement?

Internal corporate investigations are common in embezzlement cases. Companies may hire outside auditors or investigators to examine financial records before reporting concerns to authorities. These internal investigations often produce documents that later become evidence in criminal proceedings. Employees should be cautious when participating in these interviews because statements made during internal investigations may later be used by prosecutors.

### What Penalties Can Result From Large Financial Theft Allegations In Texas?

The severity of penalties often depends on the alleged amount of financial loss. Under Texas Penal Code §31.03, theft of property valued at $300,000 or more can be charged as a first-degree felony. A conviction at this level carries a potential prison sentence of 5 to 99 years and substantial fines. Federal charges may also involve lengthy prison sentences, depending on the applicable statutes.

### Do Financial Crime Cases Always Go To Trial?

Many cases resolve before trial through negotiations with prosecutors. However, a trial may become necessary if the evidence is disputed or if prosecutors refuse to offer a reasonable resolution. Preparing for trial often strengthens the defense position during negotiations because it demonstrates readiness to challenge the case in court.

### How Long Do Federal Embezzlement Investigations Usually Last?

Financial investigations frequently take significant time because investigators must analyze large amounts of financial data. These investigations may continue for months or even years before charges are filed. During that time, investigators may review bank records, interview witnesses, and conduct financial analysis.

### Can Professionals Lose Their Licenses After Being Charged With Embezzlement?

Many professional licensing boards investigate financial misconduct allegations independently from criminal courts. Accountants, attorneys, healthcare professionals, and financial advisors may face disciplinary proceedings if accused of financial crimes. Even if a criminal case is still pending, licensing boards may begin reviewing the situation.

### Why Is It Important To Hire A Lawyer Early In A Financial Crime Investigation?

Early legal representation allows attorneys to protect the client’s rights from the beginning of the investigation. Financial cases often involve complicated records and technical evidence. Defense attorneys can review financial documents, communicate with investigators, and prevent statements that could later be used against the client.

## Speak With Mark Diaz & Associates About Federal Embezzlement Defense

If you are a professional facing allegations of embezzlement, fraud, or financial misconduct, the situation can be overwhelming. Your reputation, career, and future are at stake. Mark Diaz & Associates offers experienced criminal defense representation for individuals accused of serious financial crimes in [Galveston](https://www.galveston.com/) and throughout Houston, Texas and the surrounding area.

When you hire me, you work directly with me. My clients receive my personal cell phone number, as questions and concerns can arise outside business hours. You will not be assigned to a junior associate or treated as just another case. From arrest through resolution, I remain personally involved and accessible.

If you or a loved one is under investigation or facing charges related to embezzlement or financial crimes, contact our [Galveston white collar crime defense lawyer](/white-collar-crimes/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The firm represents clients in Galveston and throughout the city of Houston, Texas, and is ready to help you protect your rights and your future.

**Categories:** White Collar Crime

---

### [Healthcare Fraud Federal Charges Explained](https://texascriminaljustice.com/healthcare-fraud-federal-charges-explained/)

**Published:** March 6, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![MedicalFraudTextOnStickyNotesWithStethoscopeAndGavel](https://texascriminaljustice.com/wp-content/uploads/2026/01/Diaz-3-When-Does-a-Billing-Error-Become-Federal-Healthcare-Fraud_Jan-2026.jpg "MedicalFraudTextOnStickyNotesWithStethoscopeAndGavel")Healthcare fraud investigations often move fast and can involve several federal agencies working together. Doctors, nurses, pharmacists, clinic owners, billing managers, and administrative staff may find out they are under investigation long before any formal charges are filed. Facing a federal healthcare fraud allegation can put your career, finances, and freedom at risk.

These cases usually involve large amounts of documents, billing records, and electronic data, and prosecutors may spend months building their case before making an arrest. If you are being investigated or charged in Galveston County or the Houston area, it is important to understand how these cases are handled. Getting legal help early can make a big difference in your case.

## What Healthcare Fraud Means Under Federal Law

Healthcare fraud usually means someone is accused of knowingly submitting false claims for medical services, supplies, or treatments to get payment from a government healthcare program like Medicare or Medicaid. Federal prosecutors often use [18 U.S.C. §1347](https://www.justice.gov/jm/jm-9-44000-health-care-fraud), which makes it a crime to knowingly carry out or try to carry out a plan to defraud a healthcare benefit program or get money from it through false or misleading statements.

Under this statute, the government must prove several key elements:

- A scheme or plan to defraud a healthcare program
- The intent to obtain money or property from that program
- False statements, billing claims, or misrepresentations
- Knowledge and intent of the accused

Federal healthcare fraud cases often include claims like billing for services that were never done, charging for more expensive procedures than were actually performed, submitting the same claim more than once, or billing for treatments that were not needed.

Even though these are federal prosecutions, the underlying conduct may also involve violations of Texas criminal law. When state prosecutors pursue related charges, statutes such as [Texas Penal Code §32.46](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=32.46) (Securing Execution Of Document By Deception) and Texas Penal Code §31.03 (Theft) may become relevant depending on the facts of the case.

### How Federal Healthcare Fraud Investigations Begin

Many healthcare fraud cases begin without warning. Providers often find out about an investigation when they get a subpoena for records or when agents show up at their clinic or office.

- The Department of Health and Human Services Office of Inspector General (HHS-OIG)
- The Drug Enforcement Administration (DEA)
- The Department of Justice (DOJ)

In Texas, investigators usually look closely at billing practices connected to Medicare, Medicaid, and other federal healthcare programs. Big cases may involve special task forces working in Houston and across the Gulf Coast region.

Investigators often use billing data analysis to spot problems. They compare billing patterns between providers to find unusual trends, high reimbursement claims, or suspicious billing codes.

## Common Types Of Healthcare Fraud Allegations

Healthcare fraud cases vary widely depending on the profession involved and the type of medical service provided. Prosecutors often pursue charges based on allegations such as:

### Billing For Services Not Performed

This type of allegation means claims were made for procedures, appointments, or treatments that did not happen. Investigators may use patient interviews, appointment records, and insurance billing data as evidence.

### Upcoding Medical Procedures

Upcoding happens when a provider bills for a more expensive procedure than what was actually done. For example, a provider might do a routine exam but use billing codes for a more complex service.

### Billing For Medically Unnecessary Services

Prosecutors may claim that some treatments were done just to get insurance payments, not to help the patient.

### Kickbacks And Referral Payments

Federal prosecutors also pursue charges under [42 U.S.C. §1320a-7b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a-7b&num=0&edition=prelim), the Anti-Kickback Statute, when providers allegedly offer payments or incentives for patient referrals connected to federal healthcare programs.

Kickback allegations often arise in cases involving:

- Durable medical equipment companies
- Diagnostic laboratories
- Home healthcare providers
- Pain management clinics

These cases can lead to both criminal charges and civil actions.

## Potential Penalties For Federal Healthcare Fraud

If someone is convicted under [18 U.S.C. §1347](https://www.justice.gov/jm/jm-9-44000-health-care-fraud), the penalties can be severe. Federal law allows courts to give:

- Up to 10 years in federal prison
- Up to 20 years if the fraud resulted in serious bodily injury
- Up to life imprisonment if the fraud caused death
- Large fines and orders to pay back money

In addition to prison time and fines, individuals convicted of healthcare fraud may face:

- Exclusion from participation in Medicare and Medicaid programs
- Loss of professional licenses
- Asset forfeiture
- Lasting harm to your professional reputation

Federal sentencing depends partly on the United States Sentencing Guidelines. These guidelines look at things like the total loss amount, how many victims there are, and your role in the offense.

## Texas Criminal Laws That May Apply In Healthcare Fraud Cases

Although healthcare fraud is often prosecuted federally, Texas criminal statutes sometimes appear in related prosecutions or parallel investigations.

### Theft Under Texas Penal Code §31.03

Texas law defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. If investigators believe that false billing resulted in the unlawful receipt of funds from a healthcare program, theft charges may be considered under Texas law.

### Securing Execution Of Document By Deception Under Texas Penal Code §32.46

This statute applies when someone causes another person to sign or execute a document through deception. Prosecutors sometimes rely on this statute when billing documents, insurance claims, or reimbursement forms contain misrepresentations.

It is important to know how federal and state laws work together when defending against healthcare fraud charges in Texas.

## Evidence Commonly Used In Healthcare Fraud Prosecutions

Healthcare fraud cases often rely heavily on documentary evidence. Prosecutors frequently present:

- Insurance billing records
- Patient files and treatment records
- Electronic medical record data
- Financial transactions
- Emails and internal communications
- Testimony from patients or employees

Since these cases involve a lot of records, investigators may review thousands of pages of documents to build their case.

Investigators often use search warrants, subpoenas, and forensic accounting to gather evidence.

## Defending Against Healthcare Fraud Charges

Every healthcare fraud case is unique, and the defense strategy depends on the facts and evidence. Still, there are some common legal defenses in these cases.

### Lack Of Intent

Intent is a critical element in healthcare fraud prosecutions. Billing errors, coding mistakes, or administrative misunderstandings do not automatically establish criminal conduct.

If the evidence shows that billing mistakes happened because of negligence and not on purpose, this can be an important part of the defense.

### Insufficient Evidence

Healthcare billing systems can be complicated. Prosecutors have to link certain billing actions to the accused and show that those actions were done knowingly and were fraudulent.

If the government cannot prove who submitted the claim or whether the claim was intentionally false, reasonable doubt may exist.

### Reliance On Billing Staff Or Third-Party Services

Many medical providers use outside billing companies or staff to handle claims. Sometimes, the provider is not directly involved in the billing process.

Showing that someone else handled the billing can make it harder for the government to prove intent.

### Constitutional Violations During Investigation

Evidence collected through illegal searches or improper subpoenas can be challenged in court. Federal agents have to follow strict rules when gathering evidence.

If investigators break constitutional rules, some evidence may not be allowed in court.

## Why Legal Representation Matters In Federal Cases

Federal prosecutors may spend months or even years investigating healthcare fraud before filing charges. By the time someone finds out they are under investigation, the government may already have collected a lot of evidence.

Early involvement by defense counsel can help by:

- Evaluating the strength of the government’s case
- Communicating with investigators when appropriate
- Protecting the client’s rights during interviews
- Reviewing financial and medical records
- Developing defense strategies before charges are filed

Taking action early usually gives you more options than waiting until after you are charged.

## Healthcare Fraud Investigations In The Houston And Galveston Area

Houston has one of the largest healthcare systems in the country. Because the medical industry is so big here, federal investigators often look into healthcare fraud in the Southern District of Texas.so part of this federal district, which means many healthcare fraud cases are prosecuted in federal court in Houston.

If you work in a hospital, clinic, pharmacy, or healthcare business in this area, it is important to know that federal agencies closely watch billing patterns.

## Frequently Asked Questions About Healthcare Fraud Charges

### What Is Considered Healthcare Fraud Under Federal Law?

Healthcare fraud happens when someone knowingly submits false information to get paid by a healthcare program. Federal prosecutors often use 18 U.S.C. §1347, which makes it a crime to try to get money from healthcare programs through fraud. This can include billing for services that were not done, giving false patient information, or charging for unnecessary procedures. The main issue in most cases is intent. Prosecutors have to prove that the person took part in a fraudulent scheme on purpose, not by accident.

### Who Can Be Charged In A Healthcare Fraud Case?

Healthcare fraud cases can involve many different individuals working in the medical industry. Physicians, nurses, clinic owners, pharmacists, laboratory operators, and billing specialists have all been charged in federal healthcare fraud prosecutions. In some cases, investigators may also pursue charges against business partners, office managers, or employees who allegedly participated in submitting false claims. The specific charges depend on each person’s role in the billing or treatment process.

### How Do Federal Investigators Detect Healthcare Fraud?

Federal investigators often find suspicious billing patterns by analyzing data. Medicare and Medicaid keep large databases of billing information, and investigators use software to spot unusual payment patterns. For example, they may notice if a provider bills for many more procedures than others in the same field. Investigators may also get tips from whistleblowers, former employees, or patient complaints. When concerns come up, they may ask for records or do interviews.

### What Happens After A Federal Healthcare Fraud Investigation?

An investigation may start with requests for documents, subpoenas, or interviews. Investigators might ask for billing records, patient files, and financial information. If they think a crime happened, prosecutors can show evidence to a federal grand jury. The grand jury may then issue an indictment, which is a formal charge. After that, the case moves through the federal court system.

### Can Healthcare Fraud Charges Be Filed Even If Patients Received Treatment?

Yes. Prosecutors may claim that treatments were not medically necessary or that billing codes were exaggerated, even if the patient got some care. For example, investigators might say a routine checkup was billed as a more complex procedure to get more money. The government may also say that extra tests or services were ordered just to increase billing.

### What Role Do Whistleblowers Play In Healthcare Fraud Cases?

Whistleblowers frequently play a major role in healthcare fraud investigations. Employees, former business partners, or billing specialists sometimes report suspected fraud through federal whistleblower programs. In some situations, whistleblowers file lawsuits under the False Claims Act and may receive a percentage of recovered funds. Their allegations often trigger government investigations.

### Can Healthcare Fraud Be Prosecuted In Both Federal And State Courts?

Yes. Healthcare fraud may involve both federal and state criminal laws. Federal prosecutors often pursue cases involving Medicare, Medicaid, or other federal healthcare programs. At the same time, state prosecutors may pursue related charges under Texas statutes such as theft or deception offenses. In some situations, state and federal authorities coordinate their investigations.

### What Are The Long-Term Consequences Of A Healthcare Fraud Conviction?

A healthcare fraud conviction can change your life. Besides prison time and fines, you could lose your professional license and be permanently banned from government healthcare programs. This can make it impossible to keep working in some parts of the medical field. A conviction can also hurt your future job prospects and financial stability.

### Should Someone Speak To Federal Investigators Without A Lawyer?

Talking to federal investigators without a lawyer can be risky. Anything you say in interviews might be used in court. Investigators may ask questions that seem routine but are meant to collect evidence for a criminal case. Having a lawyer with you helps protect your rights and makes sure your statements are handled properly.

## Call Mark Diaz & Associates For Defense Against Healthcare Fraud Charges

Federal healthcare fraud charges need quick action and a strong legal defense. Mark Diaz & Associates helps people facing serious criminal charges in Galveston County and Houston, Texas. We work closely with our clients to review the government’s evidence, protect their rights, and fight for the best possible result.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen at any time. You will not be passed off to a junior associate or lost in a busy system. From start to finish, I stay personally involved and available.

If you are being investigated or charged with healthcare fraud, contact our [Galveston healthcare fraud defense lawyer](/white-collar-crimes/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in [Galveston](https://www.galveston.com/) and Houston, Texas, and we are ready to stand by you and protect your future.

**Categories:** White Collar Crime

---

### [FBI Knocked On Your Door In Texas? Know Your Rights](https://texascriminaljustice.com/fbi-knocked-on-your-door-in-texas-know-your-rights/)

**Published:** March 8, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![MatureFbiAgentShowingDocumentOnWhiteBackground](https://texascriminaljustice.com/wp-content/uploads/2026/03/FBI-Knocked-On-Your-Door-In-Texas.jpg "MatureFbiAgentShowingDocumentOnWhiteBackground")A visit from federal agents can be highly unsettling. Many people feel compelled to cooperate immediately, fearing that refusal will worsen the situation. Others assume that agent contact means they are already in serious trouble. In fact, federal investigations often start with informal contact well before any charges are filed. If FBI agents come to your home or workplace in Texas, your response can significantly affect your legal position.

We often speak with individuals who were unaware of any connection to a federal investigation until agents arrived unexpectedly. Agents may be gathering information about someone else, or you may be a suspect or target. Knowing your constitutional rights and relevant Texas laws can help you avoid decisions that may harm your defense.

If FBI agents knock on your door in [Galveston County](https://www.galvestoncountytx.gov/) or the Houston area, remain calm and remember that you have rights under both federal and Texas law. Properly exercising these rights can help protect you from unnecessary risk.

## Why FBI Agents May Contact You

Federal agents conduct investigations involving a [wide range of criminal offenses](https://www.fbi.gov/investigate). The FBI often investigates allegations involving fraud, financial crimes, internet offenses, public corruption, drug trafficking, and firearms violations. In many situations, agents approach people early in the investigation to gather information.

You may be contacted as a witness, subject, or target of an investigation. These distinctions are important, but agents rarely clarify your status during initial conversations.

Federal investigators may knock on your door for several reasons, including:

- Requesting an interview
- Asking questions about another person
- Attempting to obtain consent to search the property
- Delivering a subpoena
- Executing a search warrant
- Gathering evidence related to an ongoing investigation

Even casual conversations with agents can result in statements that may later be used as evidence.

## Your Right To Remain Silent

One of the most important protections available to anyone questioned by law enforcement is the right to remain silent. The [Fifth Amendment to the United States Constitution](https://constitution.congress.gov/constitution/amendment-5/) protects individuals from being compelled to provide statements that could be used against them in a criminal case.

Many people believe they must answer questions simply because law enforcement officers are asking them. That is not correct. You are generally not required to answer questions from federal agents unless you are under a court order or subpoena requiring testimony.

Remaining silent is not a crime and cannot be used as evidence of guilt. However, making false statements to federal agents can result in serious criminal liability. Providing false information to federal investigators is itself a federal crime. People sometimes face charges based entirely on statements made during interviews rather than the conduct originally being investigated.

This is a key reason to consult a criminal defense lawyer before answering questions from federal agents.

## You Do Not Have To Let Agents Into Your Home

If FBI agents ask to enter your home, you generally have the right to refuse entry unless they have a valid search warrant.

The Fourth Amendment protects individuals from unreasonable searches and seizures. Law enforcement officers must obtain a search warrant supported by probable cause before entering most private residences.

If agents do not have a warrant, you may politely decline entry. A statement such as “I do not wish to answer questions, and I do not consent to any searches” is usually sufficient.

If agents do have a search warrant signed by a judge, they are legally authorized to enter and conduct the search described in the warrant. In that situation, it is important not to interfere with the search. However, you still have the right to remain silent and request a lawyer.

## Search Warrants And Your Rights In Texas

A search warrant must specify the place to be searched and the items sought. Federal agents are required to follow strict procedures during a search.

While FBI investigations are governed by federal law, Texas criminal statutes often apply to the underlying conduct.

For example, many federal cases involve alleged drug activity that would also violate Texas Health and Safety Code §481.115, which addresses possession of controlled substances. Federal agents may coordinate with state or local authorities during these investigations.

Firearms investigations sometimes involve conduct that would violate Texas Penal Code §46.04, which prohibits unlawful possession of a firearm by certain individuals.

Financial crime investigations may also intersect with Texas statutes such as Texas Penal Code §32.31, which addresses credit card abuse and fraud offenses.

Understanding the overlap between state and federal laws is essential to building a strong defense.

## Speaking To Federal Agents Can Be Risky

Many people believe Many believe that cooperating with investigators will resolve the situation quickly. However, statements made during interviews can create new legal issues. Investigators are trained to ask questions in ways that encourage people to keep talking. Even minor inconsistencies can later be interpreted as evidence that a person was dishonest.

A common scenario involves agents stating that they “just want to clear something up.” During the conversation, the person being interviewed may unintentionally provide information that connects them to the alleged offense.

Even truthful statements can be misunderstood or taken out of context.

Once your statement is recorded in an agent’s report, it can become significant evidence in a federal prosecution.

## The Difference Between A Witness, Subject, And Target

Federal investigators use specific terms to describe a person’s role in an investigation.

A witness is someone believed to have information about the case but is not suspected of wrongdoing.

A subject is someone whose conduct is within the scope of the investigation but who has not yet been charged.

A target is a person the government believes has committed a federal crime and may soon face charges.

Agents rarely clarify these distinctions when speaking with individuals. Someone who believes they are only a witness may later discover they were actually under investigation.

Given this uncertainty, it is wise to consult a criminal defense attorney before agreeing to an interview with federal agents.

## Federal Investigations Often Last Months Or Years

Federal investigations often take considerable time. Investigators may gather evidence quietly for months before charges are filed.

Agents may contact you early in the investigation or after months of evidence collection.

Federal prosecutors frequently wait until they believe they have enough evidence to obtain an indictment from a grand jury. Once that occurs, arrests and search warrants may follow quickly.

Taking early steps to protect yourself can make a significant difference in how the situation develops.

## Protecting Yourself During A Federal Investigation

If federal agents contact you, several practical steps can help protect your legal rights.

- Remain calm and respectful when speaking with agents.
- Do not answer questions about the investigation without legal advice.
- Do not consent to any searches unless agents present a valid warrant.
- Avoid discussing the investigation with friends, coworkers, or on social media.
- Contact a criminal defense attorney as soon as possible.

Early legal guidance can help prevent mistakes that might complicate your situation later.

## Frequently Asked Questions About FBI Investigations In Texas

### What Should I Do If The FBI Knocks On My Door?

The most important step is to stay calm and avoid making statements about the investigation. You are not required to answer questions from federal agents if they appear at your home without a warrant. You can politely inform the agents that you would prefer to speak with an attorney before discussing anything. It is also important not to consent to any searches unless a warrant is presented. If agents have a warrant, you should allow them to carry out the search, but continue to exercise your right to remain silent.

### Am I In Trouble If The FBI Wants To Talk To Me?

Not necessarily. Federal investigators often speak with people who may simply have information about a case. However, it is impossible to know your exact status during an investigation without legal guidance. Even people who believe they are only witnesses sometimes later learn they were under investigation. Speaking with a criminal defense lawyer before answering questions can help you understand your situation and avoid unnecessary risk.

### Do I Have To Answer Questions From Federal Agents?

In most situations, you are not required to answer questions from law enforcement unless you are under oath in a formal proceeding or responding to a subpoena. The Fifth Amendment gives you the right to decline answering questions that may incriminate you. Choosing not to answer questions cannot legally be used against you in court.

### Can The FBI Arrest Me Without Warning?

Yes. Federal agents may make an arrest if they have probable cause that a crime has been committed. In many cases, however, arrests occur after a grand jury has issued an indictment. The investigation process often happens quietly before charges are filed.

### What Happens If I Lie To Federal Agents?

Providing false information to federal investigators can result in criminal charges even if the underlying investigation does not lead to prosecution. Under 18 U.S.C. §1001, knowingly making false statements to federal agents is a federal offense. This is one of the most common ways individuals become involved in federal criminal cases.

### Can The FBI Search My House Without A Warrant?

Generally, law enforcement must obtain a search warrant before entering and searching a private residence. However, there are limited exceptions. One of the most common exceptions occurs when a resident voluntarily consents to the search. If you do not want agents to search your property, you have the right to refuse consent unless they present a warrant signed by a judge.

### How Long Do Federal Investigations Usually Last?

Federal investigations often last many months and sometimes years. Investigators typically gather evidence, review financial records, interview witnesses, and consult with prosecutors before deciding whether charges should be filed. The process is often slow because federal prosecutors want to build strong cases before bringing formal charges.

### Should I Talk To Agents If I Did Nothing Wrong?

Even people who believe they did nothing wrong should be cautious when speaking with investigators. Statements can be misunderstood or interpreted in ways that were not intended. A lawyer can help determine whether participating in an interview is appropriate and can often arrange for the interview to occur under controlled conditions.

### What Is A Federal Grand Jury Investigation?

A federal grand jury is a group of citizens who review evidence presented by prosecutors to determine whether criminal charges should be filed. During a grand jury investigation, prosecutors may issue subpoenas for documents or testimony. Grand jury proceedings are conducted in secret, which means individuals under investigation often receive little information about the case.

### When Should I Contact A Criminal Defense Lawyer?

It is best to speak with a lawyer as soon as you become aware of a federal investigation. Early legal guidance can help you understand your rights, avoid making harmful statements, and prepare for possible developments in the case. Waiting until charges are filed may limit some defense options.

## Speak With Mark Diaz & Associates About A Federal Investigation

If FBI agents have knocked on your door in Galveston County or anywhere in Houston, the decisions you make in the early stages of an investigation matter. Mark Diaz & Associates provides experienced criminal defense representation for individuals facing serious federal investigations and criminal charges.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or placed into a system where your case is one of many files on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If federal agents have contacted you or you believe you may be under investigation, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).. Our firm represents clients in Galveston and throughout the city of Houston, Texas, and we are ready to help you protect your rights and your future.

**Categories:** Federal Criminal Defense Lawyer

---

### [What To Expect After A Federal Arrest Warrant Is Issued](https://texascriminaljustice.com/what-to-expect-after-a-federal-arrest-warrant-is-issued/)

**Published:** March 9, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Aggravated Assault](https://texascriminaljustice.com/wp-content/uploads/2022/10/Diaz-2-Aggravated-Assault-With-Deadly-Weapon-Against-Federal-Agents._October-2022.jpg "Aggravated Assault")Finding out that a federal arrest warrant has been issued is often extremely stressful. Many people are surprised, since federal investigations can last for months or even years before charges are filed. When a warrant is issued, it means federal prosecutors think they have enough evidence to press charges. At this stage, things move quickly. Agencies like the FBI, DEA, ATF, or Homeland Security Investigations may start looking for the person named in the warrant.

Federal arrest warrants usually involve serious charges like drug trafficking, fraud, firearms offenses, or other federal crimes. Once a warrant is issued, the case often moves fast. Knowing what to expect can help you make better decisions to protect your rights and future. If you are facing federal charges in Galveston County or the Houston area, it is important to act quickly to learn about your legal options and start building your defense.

## How A Federal Arrest Warrant Is Issued

A federal arrest warrant is typically issued after federal prosecutors present evidence to a magistrate judge. The judge must determine that there is probable cause to believe a crime has been committed and that the accused committed the offense.

Federal arrest warrants are authorized under [Rule 4 of the Federal Rules of Criminal Procedure](https://uscode.house.gov/view.xhtml?req=granuleid:USC-2000-title18a-node37-node43-rule4&num=0&edition=2000), which allows a judge to issue a warrant when probable cause exists. In many cases, the warrant follows a grand jury indictment. In other situations, a criminal complaint supported by an affidavit may be used to request the warrant.

Even though the charges are federal, Texas law enforcement often helps federal authorities find and arrest people. Local officers in Galveston County or Houston may work with federal agents during the arrest.

Texas law also contains provisions addressing arrest warrants and procedures. For example, [Texas Code of Criminal Procedure Article 15.01](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm) defines an arrest warrant as a written order from a magistrate directing law enforcement to take a person into custody. [Article 15.17](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=15.17) then requires that an arrested person be brought before a magistrate promptly so the charges can be explained and rights can be addressed.

### What Happens When Federal Agents Execute The Warrant

After a warrant is issued, federal agents may try to find and arrest the person named. This can happen at their home, workplace, or another known location. Sometimes, agents work with local police to make the arrest.

Federal agents may:

- Arrive early in the morning to serve the warrant.
- Use multiple officers during the arrest.
- Secure the area for safety purposes.
- Conduct searches if a valid search warrant also exists.

After the arrest, the person is usually taken to a federal detention center or courthouse. At this point, law enforcement may try to ask questions about the alleged crime. Remember, you have the right to remain silent and to talk to a lawyer before answering any questions.

### The Initial Appearance In Federal Court

After a federal arrest, the person must be brought before a federal magistrate judge for an initial appearance, usually within 24 hours.

At the initial appearance, several important events occur:

- The judge informs the defendant of the charges.
- The defendant is advised of their rights.
- The judge addresses legal representation.
- Conditions of release or detention are discussed.

The court will also determine whether the defendant should be released on bond or held in custody pending further proceedings.

Federal prosecutors may request detention if they believe the defendant presents a flight risk or a danger to the community. The judge will review the circumstances of the case before making a decision.

### Understanding Federal Bail And Detention Hearings

Federal bail decisions are governed by the Bail Reform Act under 18 U.S.C. §3142. Unlike many state cases, federal courts often conduct detailed detention hearings before deciding whether a defendant will be released while the case is pending.

During a detention hearing, the judge considers several factors:

- The seriousness of the alleged offense
- The strength of the government’s evidence
- The defendant’s criminal history
- Community ties and employment history
- The risk of flight
- Potential danger to the community

In some federal cases, especially drug trafficking or firearms offenses, the law creates a In some federal cases, like those involving drug trafficking or firearms, the law assumes detention is appropriate. The defense then needs to show why the release would be reasonable. A grand jury is a group of citizens who review evidence presented by federal prosecutors. If they determine that probable cause exists, they issue an indictment formally charging the defendant.

The indictment outlines the alleged offenses and allows the prosecution to move forward in federal court.

Federal grand juries work in secret. The defense is not allowed in these proceedings, and the accused usually cannot present evidence at this stage. As a result, many people do not know they are being investigated until a warrant is issued.

### Arraignment And The Beginning Of The Federal Criminal Case

After the initial appearance, the next major step is the arraignment. After the initial appearance, the next main step is the arraignment. At this hearing, the defendant formally enters a plea to the charges.me for the defense to review evidence, investigate the case, and evaluate possible legal challenges.

Once the arraignment occurs, the case moves into the pretrial stage. This phase includes discovery, motion practice, negotiations, and preparation for trial if necessary.

### Federal Criminal Charges Can Carry Severe Penalties

Federal charges can lead to serious penalties. Sentences may include long prison terms, large fines, and supervised release after serving time.

Federal courts rely on the United States Sentencing Guidelines, which consider factors such as:

- The type of offense
- The amount of financial loss or drugs involved
- Criminal history
- Aggravating factors

Certain federal offenses also include mandatory minimum prison sentences, particularly drug trafficking and firearms offenses.

Texas law may still be relevant when federal charges stem from conduct that also violates state law. For example, drug possession or firearm possession may violate both Texas statutes and federal law. Texas statutes, such as Texas Health and Safety Code §481.115, addressing drug possession can sometimes overlap with federal drug charges.

Because the consequences can be severe, it is crucial to start preparing your defense as soon as possible.

### The Importance Of Legal Representation After A Federal Warrant

Federal criminal cases have complex procedures, strict deadlines, and require careful review of evidence. Prosecutors often have many resources, such as federal agents, forensic experts, and financial investigators.

Early legal representation allows the defense to:

- Investigate the circumstances of the arrest.
- Examine whether law enforcement followed proper procedures.
- Challenge illegal searches or seizures.
- Review witness statements and evidence.
- Identify weaknesses in the prosecution’s case.

In some cases, starting your defense early can influence charging decisions, plea deals, or possible sentences.

### Potential Defense Strategies In Federal Cases

Each case is unique, but several defense approaches may arise in federal criminal matters.

Defense strategies may involve:

- Challenging the legality of searches or arrests
- Contesting the reliability of witness testimony
- Questioning forensic evidence
- Addressing constitutional violations
- Negotiating favorable resolutions when appropriate

Carefully reviewing the evidence and the law helps find the best defense strategy.

### Long-Term Consequences Of A Federal Criminal Conviction

A federal conviction can impact almost every part of your life. Besides the immediate penalties, you may face long-term consequences.

These may include:

- Permanent criminal record
- Employment challenges
- Difficulty securing housing
- Professional license restrictions
- Immigration consequences for non-citizens
- Loss of certain firearm rights

Because federal convictions are difficult to remove from a person’s record, protecting one’s rights early in the process is extremely important.

## Frequently Asked Questions About Federal Arrest Warrants

### What Should I Do If I Learn That A Federal Arrest Warrant Has Been Issued For Me?

If you think there is a federal arrest warrant for you, the most important thing to do is talk to a criminal defense lawyer right away. Federal agents may already be looking for you, and anything you say to law enforcement could be used against you. A lawyer can contact the authorities for you, check the status of the warrant, and help arrange a controlled surrender if needed. This can sometimes prevent a surprise arrest and give you time to prepare for court.

### Can Federal Agents Arrest Me At My Home Or Workplace?

Yes. Federal agents may execute an arrest warrant at many different locations, including a residence, workplace, or other location where they believe the accused may be present. Agents often coordinate with local police departments when making arrests. In some cases, the arrest occurs early in the morning. Law enforcement officers may also secure the surrounding area for safety reasons during the arrest process.

### Will I Automatically Go To Jail After A Federal Arrest?

Not always. After a federal arrest, you must appear before a federal magistrate judge. The judge will decide if you can be released while your case is pending or if you will stay in custody. Some people are released on bond with conditions like travel limits, electronic monitoring, or regular check-ins. Others may stay in custody if the court thinks they might flee or are a danger to the community.

### What Is A Detention Hearing In Federal Court?

A detention hearing is when the judge decides if you should stay in custody before trial. The judge looks at how serious the charges are, how strong the evidence is, your criminal history, your ties to the community, and the risk of flight. Your defense can share information about your job, family, or other reasons why you should be released.

### How Long Does A Federal Criminal Case Usually Last?

Federal criminal cases often take several months or more to finish. The timeline depends on how complex the charges are, how much evidence there is, and whether the case goes to trial. Some cases have lots of digital evidence, financial records, or witness testimony, which can make preparation take longer. Courts also hold several hearings before trial.

### What Happens If A Federal Grand Jury Indicts Me?

If a federal grand jury indicts you, the charges become formal, and your case moves forward in federal court. The indictment lists the alleged offenses. After this, you will go to the arraignment and the pretrial process will start.

### Can Federal Charges Be Dropped?

Yes, but it depends on the facts and the strength of the evidence. Charges may be dismissed if the government lacks sufficient evidence or if legal problems arise with the investigation. Defense attorneys may file motions challenging evidence or raising constitutional issues. In some cases, negotiations with prosecutors may result in reduced charges.

### Should I Speak With Federal Agents If They Contact Me?

In most cases, you should talk to a lawyer before answering any questions from federal agents. Investigators often try to get statements that could be used as evidence. Even simple conversations might show up in court records later. A lawyer can explain your rights and help you decide what to do.

### What Is The Difference Between Federal And State Criminal Charges?

Federal criminal cases are prosecuted in federal courts and involve violations of federal law. State criminal cases are prosecuted under state statutes and handled in state courts. Federal cases often involve agencies such as the FBI, DEA, or Homeland Security. They also tend to involve more formal procedures and longer investigations.

### Can I Surrender Instead Of Being Arrested?

In some situations, a lawyer can coordinate with federal authorities to arrange a voluntary surrender. This may allow the accused to appear at a courthouse or detention facility at a scheduled time instead of being arrested unexpectedly. Whether this option is available depends on the case and the position of federal prosecutors.

## Speak With Mark Diaz & Associates About Federal Criminal Charges

If you think a federal arrest warrant has been issued for you or you have been contacted by federal investigators, getting legal help right away can make a big difference. Mark Diaz & Associates represents people facing serious federal criminal charges in [Galveston County](https://www.galvestoncountytx.gov/) and throughout Houston, Texas.

When you hire me, you work with me directly. My clients get my personal cell phone number, because questions and emergencies can happen at any time. You will not be passed off to a junior associate or lost in a busy system. From your arrest to the end of your case, I stay personally involved and available.

To schedule a free consultation, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Federal Criminal Defense Lawyer

---

### [Texas Drug Possession vs. Drug Distribution: How Prosecutors Decide](https://texascriminaljustice.com/texas-drug-possession-vs-drug-distribution-how-prosecutors-decide/)

**Published:** March 9, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Texas Drug Possession vs. Drug Distribution: How Prosecutors Decide](https://texascriminaljustice.com/wp-content/uploads/2026/03/kravaivan11-medicine-8287535_1920.jpg "kravaivan11-medicine-8287535_1920")

## What is the difference between drug possession and drug distribution under Texas law?

Drug possession refers to having illegal substances for personal use, while drug distribution involves intending to sell or distribute drugs to others. The distinction is crucial as possession with intent to distribute carries harsher penalties, escalating a charge to a higher felony level.

### What details are significant for law enforcement in determining whether to charge someone with simple possession or possession with intent to distribute?

Law enforcement focuses on two key factors: the quantity of drugs found and the packaging materials accompanying the drugs. Large quantities and items like scales and baggies suggest an intent to distribute rather than for personal use, influencing the charge decision significantly.

### How does the quantity of drugs found impact the charges, and why is it not the sole consideration in determining intent to distribute?

The quantity of drugs discovered plays a vital role in determining intent, particularly because larger amounts are indicative of distribution. However, other factors, such as packaging and accompanying items, also contribute to the decision-making process, as they provide context and evidence of potential distribution activities.

### How do surrounding items like scales, baggies, cash, and ledgers affect the prosecution’s case in drug distribution charges?

The presence of items like baggies, scales, and cash alongside drugs strengthens the perception of intent to distribute. While possessing such items alone may not incriminate someone, when combined with a significant quantity of drugs, they suggest a distribution operation, influencing the direction of the case.

### How do circumstances of a search or detention impact law enforcement’s interpretation of a person’s intent in drug distribution cases?

Search and detention circumstances can significantly shape law enforcement’s perception of a person’s intent. For example, items found during a search may imply distribution, but the actual discovery of drugs is crucial in substantiating the allegations. The context of the search and the evidence found play a vital role in building a distribution case.

### What evidence should be challenged early in a distribution case to demonstrate that the charges are excessive or unfounded?

In distribution cases, challenging the weight of the drugs found is critical. While law enforcement may weigh the container with drugs, the actual laboratory results determine the precise drug weight and can potentially reduce the severity of the charges. Early scrutiny of the evidence and focusing on accurate drug weights can impact the case outcome significantly.

### How do prosecutors prioritize statements made by individuals during drug-related encounters, and how do these statements influence the final charges?

Prosecutors heavily rely on individuals’ statements in drug cases, emphasizing the importance of not speaking without legal representation present. Any statements made can be used against the individual, impacting the charges and overall case strategy significantly.

### Why is it essential for individuals to understand the distinction between drug possession and distribution charges, considering the potential penalties and long-term consequences?

Understanding the difference between possession and possession with intent to distribute is crucial due to the significant variance in penalties. Distribution charges carry harsher punishments, making it vital to be aware of how actions and circumstances can escalate a case. Knowing the potential consequences helps individuals navigate legal challenges effectively.

### Do you have any final advice for individuals facing drug charges, particularly in understanding the nuances between possession and distribution cases?

In drug cases, it is essential to remember that possession does not equate to ownership but involves care, custody, and control of the substances. Individuals should refrain from speaking without legal counsel present and focus on challenging evidence and understanding the burden of proof in drug-related allegations. Seeking experienced legal representation can greatly impact the outcome of a case.

**Categories:** Federal Criminal Defense Lawyer, General

---

### [Medicare Fraud Defense Strategies](https://texascriminaljustice.com/medicare-fraud-defense-strategies/)

**Published:** March 17, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![MedicalMalpracticeAndMedicineFraudHealthcarePhysicianInHandcuffs](https://texascriminaljustice.com/wp-content/uploads/2026/03/Medicare-Fraud-Defense-Strategies.jpg "MedicalMalpracticeAndMedicineFraudHealthcarePhysicianInHandcuffs")Healthcare fraud investigations can quickly jeopardize your career, reputation, and finances. Many Texas medical professionals first learn they are under investigation when federal agents deliver subpoenas, search warrants, or requests for records. Prosecutors treat Medicare fraud allegations as serious threats to public funds and the healthcare system. Often, those accused believe they made only administrative errors, yet they face criminal charges. For providers in [Galveston](https://www.galvestontx.gov/) or Houston, investigations can lead to prison, financial penalties, and loss of licensure. Early legal counsel is essential to protect your rights and livelihood.

## Understanding Medicare Fraud Investigations

Medicare fraud investigations often begin well before any charges are filed. They may start when unusual billing patterns prompt Medicare audits or when a whistleblower submits a complaint. Federal agencies, including the FBI and the Department of Health and Human Services Office of Inspector General, commonly collaborate on these cases.

Investigators examine billing records, patient files, insurance claims, and internal communications. They also interview staff, patients, and contractors. Evidence is often collected over several months or years before a grand jury indictment.

For healthcare providers in Galveston County and the Houston area, the first sign of trouble may be a subpoena requesting medical records or billing documentation. When this happens, it is essential to seek legal guidance immediately before providing statements or documents to investigators.

### Common Allegations In Medicare Fraud Cases

Medicare fraud allegations often claim that providers billed for unnecessary, improperly coded, or unperformed services. Prosecutors focus on billing patterns that deviate from standard medical practices.

Common allegations include:

- Billing for services that were never provided
- Upcoding procedures to receive higher reimbursement
- Submitting claims for medically unnecessary treatments
- Billing for services performed by unlicensed personnel
- Paying or receiving illegal kickbacks for patient referrals
- Double-billing Medicare and other insurers

Although most allegations fall under federal law, Texas criminal statutes may also apply if prosecutors suspect false records or financial deception occurred in the state.

### Texas Fraud Laws That May Apply To Healthcare Cases

While Medicare fraud is usually prosecuted federally, Texas criminal statutes may also be relevant in healthcare investigations.

One example is [Texas Penal Code §32.46](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=32.46), which addresses securing execution of a document by deception. Prosecutors may rely on this statute when they believe a person used false information to obtain financial benefits.

Another relevant statute is [Texas Penal Code §32.32](https://codes.findlaw.com/tx/penal-code/penal-sect-32-32/), which covers false statements to obtain property or credit. If prosecutors claim that billing records contained false information used to obtain government funds, this statute may be cited.

Additionally, [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03), the state theft statute, can apply when authorities argue that a person unlawfully appropriated property with the intent to deprive the owner of it. In healthcare fraud cases, the government may claim Medicare funds were wrongfully obtained through fraudulent billing.

Penalties under these statutes depend on the amount involved. Large sums can elevate charges to felony offenses under Texas law.

### Potential Consequences Of Medicare Fraud Allegations

Healthcare fraud accusations can lead to serious legal and professional consequences. Criminal penalties typically depend on the alleged fraud amount and whether the conduct was intentional.

Possible penalties may include:

- Substantial fines
- Restitution payments
- Prison sentences for felony convictions
- Asset forfeiture
- Loss of professional licenses
- Exclusion from federal healthcare programs

Healthcare professionals may also face administrative proceedings before licensing boards. These actions can occur even if the criminal case has not yet concluded.

## Defense Strategies In Medicare Fraud Cases

Every healthcare fraud investigation is unique, but several common defense strategies are often used in billing misconduct cases.

Intent is central in most fraud prosecutions. Prosecutors must prove the accused knowingly and intentionally submitted false claims. complicated, and mistakes often occur due to:

- Coding errors
- Administrative miscommunication
- Incomplete patient documentation
- Confusion over billing guidelines

If billing inaccuracies resulted from negligence or misunderstanding rather than intentional deception, this distinction may form a key defense.

### Examining Billing Practices And Medical Documentation

Medicare fraud investigations rely heavily on billing records and patient files. A careful review of medical documentation can reveal whether services were actually provided and medically justified.

Defense analysis may focus on:

- Patient treatment records
- Physician notes
- Billing codes and modifiers
- Medical necessity documentation

Investigator misinterpretations can lead to incorrect conclusions about the services provided.

### Challenging The Government’s Financial Calculations

Fraud allegations often involve large sums calculated by investigators, sometimes based on assumptions or extrapolated billing data.

Defense counsel may review whether:

- Investigators relied on statistical sampling.
- Financial losses were overstated.
- Certain claims were incorrectly categorized as fraudulent.

If the government’s calculations are inaccurate, the severity of the alleged offense may change significantly.

### Protecting Constitutional Rights During Investigations

Healthcare providers sometimes cooperate with investigators without understanding their legal rights. Statements made during interviews can later become evidence in a criminal case.

Defense strategies may include examining whether:

- Statements were obtained in violation of constitutional protections.
- Search warrants were properly issued.
- Investigators exceeded the scope of authorized searches.

If evidence was obtained improperly, courts may exclude that evidence from trial.

### Addressing Whistleblower Allegations

Many healthcare fraud cases begin when employees or business partners file whistleblower complaints. These complaints sometimes arise from workplace disputes or misunderstandings.

Defense counsel may review:

- The credibility of the whistleblower
- Financial motives behind the complaint
- Employment disputes that may influence testimony

Establishing bias or unreliable claims can affect how prosecutors and juries view the allegations.

## The Importance Of Early Legal Representation

Healthcare professionals often assume they can resolve questions from investigators on their own. Unfortunately, speaking to federal agents or investigators without legal counsel can create serious problems.

Early legal guidance allows the defense team to:

- Review subpoena requests before records are produced.
- Protect privileged information
- Communicate with investigators on behalf of the client.
- Begin preparing a defense before charges are filed.

Taking action early can influence the direction of an investigation and sometimes prevent misunderstandings from escalating into criminal charges.

## Protecting Professional Licenses And Careers

Beyond criminal penalties, healthcare providers must also consider licensing consequences. Texas medical boards and licensing agencies have the authority to investigate allegations of fraud or misconduct.

Administrative actions may include:

- License suspension
- Professional discipline
- Mandatory monitoring programs
- Permanent revocation of a medical license

Defense strategies often involve coordinating the criminal defense with any licensing proceedings. Protecting a professional career requires careful planning across both systems.

## Frequently Asked Questions About Medicare Fraud Defense

### What Is Considered Medicare Fraud Under The Law?

Medicare fraud generally involves submitting false or misleading information in order to obtain payment from the Medicare program. This can include billing for services that were not provided, misrepresenting procedures, or charging for unnecessary treatments. Investigators may examine billing codes, patient records, and payment histories to determine whether claims were accurate. In many cases, prosecutors must show that the accused intentionally submitted false claims rather than simply making billing mistakes.

### Who Investigates Medicare Fraud Cases In Texas?

Several federal agencies participate in healthcare fraud investigations. The FBI and the Department of Health and Human Services Office of Inspector General frequently conduct these investigations. Federal prosecutors from the United States Attorney’s Office typically lead criminal prosecutions. In some situations, state authorities may also become involved if investigators believe Texas fraud statutes apply to the conduct being investigated.

### Can A Billing Error Lead To Criminal Charges?

Billing mistakes are common in healthcare systems, and not every error leads to criminal charges. However, prosecutors may pursue fraud allegations if they believe a provider intentionally submitted false claims or ignored clear billing requirements. Distinguishing between an honest mistake and an intentional act often becomes a central issue in these cases.

### What Happens If Federal Agents Contact Me About Medicare Fraud?

If investigators contact you about billing practices or Medicare claims, it is important to speak with a defense attorney before answering questions. Statements made during interviews can later appear in court. Even comments intended to clarify a situation may be interpreted as admissions. Legal counsel can help determine how to respond to investigators while protecting your rights.

### Can Healthcare Providers Be Charged Even If They Did Not Submit The Bills Personally?

Yes. In some cases, prosecutors argue that business owners or supervising physicians are responsible for the billing submitted by employees or contractors. If investigators believe a practice allowed improper billing practices to occur, they may attempt to hold leadership accountable. This is why internal policies and documentation can play an important role in defending against fraud allegations.

### What Are The Financial Penalties For Medicare Fraud?

Financial consequences can include fines, restitution, and civil penalties. Prosecutors often seek repayment of alleged losses to the Medicare program. In large cases involving extensive billing allegations, these financial penalties can reach substantial amounts. Courts may also order asset forfeiture if the government claims certain property was obtained through fraudulent activity.

### Can Medicare Fraud Charges Be Resolved Without Trial?

Many criminal cases are resolved through negotiated agreements before trial. Whether this occurs depends on the strength of the evidence, the alleged financial loss, and the defendant’s history. In some cases, defense attorneys may challenge the evidence directly in court. Each case requires careful analysis to determine the best strategy.

### How Long Do Medicare Fraud Investigations Usually Last?

Healthcare fraud investigations often last many months or even years before charges are filed. Investigators review extensive records and conduct interviews with witnesses during this time. Because these investigations develop slowly, individuals under scrutiny may not realize they are being investigated until late in the process.

### What Should Healthcare Providers Do If Their Office Receives A Subpoena?

Receiving a subpoena for records should be taken seriously. Providers should avoid destroying or altering any documents and should consult a defense attorney before responding. Legal counsel can review the request, determine what must be produced, and ensure compliance with privacy laws and other regulations.

### Can Medicare Fraud Allegations Affect A Medical License?

Yes. Even if criminal charges are still pending, licensing boards may conduct their own investigations. These proceedings can result in suspension or revocation of a license. For healthcare professionals, protecting a career requires addressing both the criminal investigation and any administrative actions that may follow.

## Speak With Mark Diaz & Associates About Medicare Fraud Defense

Healthcare fraud accusations can threaten everything you have worked to build. If investigators believe billing practices violated the law, you may face criminal charges, financial penalties, and professional consequences. Strong legal defense becomes essential when your reputation and livelihood are on the line.

Mark Diaz & Associates provides criminal defense representation for individuals facing serious fraud allegations in Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or have been charged with Medicare fraud, contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Let’s discuss your defense options in Galveston or anywhere in the Houston area.

**Categories:** White Collar Crime

---

### [Defending Against Fentanyl Trafficking Federal Charges](https://texascriminaljustice.com/defending-against-fentanyl-trafficking-federal-charges/)

**Published:** March 11, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DollarBillsAndAFentanylPowderPackWithASyringe](https://texascriminaljustice.com/wp-content/uploads/2026/03/Defending-Against-Fentanyl-Trafficking-Federal-Charges.jpg "DollarBillsAndAFentanylPowderPackWithASyringe")Federal fentanyl trafficking charges are among the most serious drug offenses in the United States. These cases typically involve extensive federal investigations, significant evidence, and the risk of severe sentences. Individuals accused of fentanyl trafficking often face lengthy prison terms, substantial fines, and lasting consequences. Many cases begin with investigations in Texas and move to federal court due to the scale or interstate nature of the alleged offense.

If you are accused of fentanyl trafficking in Galveston, Houston, or elsewhere in Texas, immediate action and a well-planned defense are essential. Understanding the prosecution process and relevant laws is a critical first step in protecting your rights and future.

## Fentanyl Trafficking Charges In Federal Court

Fentanyl trafficking cases are commonly prosecuted under federal law because the government views the opioid crisis as a major public safety issue. Federal prosecutors often bring charges under the Controlled Substances Act, particularly [21 U.S.C. §841](https://www.justice.gov/usao-nh/frequently-used-federal-drug-statutes), which prohibits the manufacture, distribution, or possession with intent to distribute controlled substances.

Fentanyl is classified as a Schedule II controlled substance under federal law. This classification means the drug has recognized medical uses but also carries a high potential for abuse and dependency.

Federal authorities frequently become involved when allegations include:

- Interstate drug transportation
- Distribution networks involving multiple people
- Significant quantities of fentanyl or fentanyl-laced substances
- Investigations involving the Drug Enforcement Administration (DEA)
- Financial transactions related to drug distribution

Although cases may proceed in federal court, the alleged conduct often occurs in Texas. Therefore, Texas criminal statutes and local law enforcement procedures frequently influence the initial investigation.

## Texas Laws Related To Fentanyl And Controlled Substances

Texas law also treats fentanyl offenses very seriously. Under Texas Health and Safety Code [§481.115](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.115), possession of controlled substances in Penalty Group 1 includes fentanyl and similar synthetic opioids.

Penalty Group 1 is the most serious classification under Texas drug laws. The severity of the offense increases with the quantity involved.

For example:

- Possession of less than one gram may be charged as a state jail felony.
- Possession of larger quantities may lead to first-degree felony charges.

Texas Health and Safety Code [§481.112](https://statutes.capitol.texas.gov/?tab=1&code=HS&chapter=HS.481&artSec=481.112) addresses manufacturing or delivery of a controlled substance in Penalty Group 1. This statute also increases penalties as the weight of the substance rises.

Although federal prosecutors frequently pursue fentanyl trafficking cases, many investigations begin with local arrests under these Texas statutes before federal authorities become involved.

## Why Federal Prosecutors Pursue Fentanyl Trafficking Cases

Federal prosecutors often pursue fentanyl trafficking allegations when they believe the conduct involves organized activity, large drug quantities, or interstate distribution.

Federal law enforcement agencies that may participate in these investigations include:

- The Drug Enforcement Administration
- Homeland Security Investigations
- The Federal Bureau of Investigation
- Joint federal task forces

Investigations can involve months or years of surveillance, informants, controlled purchases, wiretaps, and financial tracking.

Individuals are sometimes unaware of an investigation until federal agents execute search warrants or make arrests.

## Penalties For Federal Fentanyl Trafficking Convictions

Penalties for fentanyl trafficking in federal court are extremely severe. Under 21 U.S.C. §841(b), sentencing depends on the quantity of fentanyl and any prior drug convictions.

Possible penalties may include:

- Mandatory minimum prison sentences
- Lengthy federal prison terms
- Large financial penalties
- Asset forfeiture
- Supervised release following imprisonment

For example, specific quantities of fentanyl can trigger mandatory minimum sentences of five or ten years in federal prison. Larger amounts may result in even longer sentences.

Federal sentencing guidelines also significantly influence potential punishment. Judges consider factors such as drug quantity, criminal history, and the defendant’s role in the offense.

## How Federal Investigations Often Begin In Texas

Fentanyl trafficking investigations in Texas often begin at the state level. Local police may conduct traffic stops, execute search warrants, or respond to suspected drug activity.

Evidence collected during these investigations may later be used in federal court.

Some common investigation methods include:

- Traffic stops leading to drug seizures.
- Confidential informants providing information to authorities
- Controlled purchases arranged by law enforcement
- Search warrants are executed at homes or businesses.
- Electronic surveillance authorized by federal courts

If investigators determine the case involves large-scale distribution or interstate activity, federal prosecutors may assume responsibility.

## Key Elements Prosecutors Must Prove

To obtain a conviction for fentanyl trafficking under federal law, the prosecution must prove several elements beyond a reasonable doubt.

These elements generally include:

- The substance involved was fentanyl or a fentanyl-related compound.
- The defendant knowingly possessed or distributed the drug.
- The defendant intended to distribute the controlled substance.

In conspiracy cases, prosecutors may also attempt to prove that the defendant agreed with others to distribute fentanyl.

Because these cases often rely on complex evidence, such as laboratory testing and electronic communications, the defense must thoroughly examine every aspect of the prosecution’s case.

## Defense Strategies In Fentanyl Trafficking Cases

Every criminal case is unique, but several defense strategies frequently arise in federal fentanyl trafficking cases.

### Challenging The Legality Of Searches

The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement obtained evidence through an unlawful search, that evidence may be subject to suppression.

This issue can arise in situations involving:

- Traffic stops without reasonable suspicion.
- Search warrants based on unreliable information
- Searches conducted without proper legal authority

If evidence is suppressed, the prosecution’s case may be significantly weakened.

### Questioning Possession And Knowledge

Federal prosecutors must prove that the accused knowingly possessed or distributed fentanyl. In some cases, individuals may not have been aware of the presence of drugs.

For example, drugs found in a vehicle or residence may belong to someone else. Establishing knowledge and control is often a key issue at trial.

### Challenging Drug Quantity Evidence

Drug quantity plays a critical role in federal sentencing. Laboratory testing and evidence handling procedures must be carefully reviewed.

Issues can arise involving:

- Improper testing procedures
- Contaminated samples
- Chain of custody problems

These issues can affect the reliability of the government’s evidence.

### Examining Informant Testimony

Confidential informants are commonly used in federal drug investigations. These individuals may have their own legal problems or may receive benefits in exchange for cooperation.

Cross-examination may reveal credibility issues, inconsistencies, or motives that impact the reliability of their testimony.

## The Importance Of Early Legal Representation

Federal fentanyl trafficking investigations are complex and high-stakes. Individuals who learn they may be under investigation should seek legal counsel as soon as possible.

Early representation allows defense attorneys to:

- Communicate with investigators on behalf of the client.
- Protect the client’s constitutional rights.
- Analyze evidence and legal issues.
- Develop a defense strategy early in the process.

Delaying legal representation can make it more difficult to protect important rights.

## Long-Term Consequences Of A Federal Drug Conviction

A federal felony conviction for fentanyl trafficking can impact many aspects of life long after the sentence is served.

Possible consequences may include:

- Permanent felony record
- Difficulty obtaining employment
- Restrictions on firearm possession
- Immigration consequences for non-citizens
- Long periods of supervised release

Given these lasting consequences, defending against these charges requires a serious and comprehensive approach. Asked Questions About Federal Fentanyl Trafficking Charges

## Fentanyl Trafficking FAQs

### What Is Considered Fentanyl Trafficking Under Federal Law?

Fentanyl trafficking typically involves the manufacture, distribution, or possession with intent to distribute fentanyl or related substances. Federal prosecutors use the Controlled Substances Act, particularly 21 U.S.C. §841, to bring these charges. Trafficking does not always require proof of interstate transport. Distribution within a single city can result in federal charges if investigators believe it involves a broader network or significant quantities.

### How Serious Are Federal Fentanyl Trafficking Charges?

These charges are among the most serious drug offenses in federal court. Penalties often include mandatory minimum sentences and lengthy incarceration. The federal government treats fentanyl distribution as a major public safety concern due to its potency and links to overdose deaths. As a result, federal prosecutors often seek aggressive sentencing.

### What Is The Difference Between State And Federal Drug Charges?

State drug charges are prosecuted under Texas law and handled in Texas state courts. Federal drug charges are prosecuted under federal statutes and handled in federal district court. Federal cases often involve larger investigations, longer prison sentences, and more complex procedures. When federal prosecutors adopt a case that began in Texas, the case moves into the federal system and is governed by federal rules of criminal procedure and federal sentencing guidelines.

### Can Someone Be Charged With Conspiracy For Fentanyl Trafficking?

Yes. Federal prosecutors often charge defendants with drug conspiracy offenses under 21 U.S.C. §846. A conspiracy charge does not require proof that the defendant personally handled drugs. Instead, prosecutors seek to show the defendant agreed with others to participate in a distribution scheme. These cases can involve multiple defendants and extensive investigations, making them complex federal matters.

### What Happens After A Federal Drug Arrest?

After a federal arrest, the defendant is usually brought before a magistrate judge for an initial appearance. The court addresses identity, charges, and possible detention or release. The case then proceeds through stages such as indictment, discovery, motion hearings, plea negotiations, and potentially trial.

### Can Federal Drug Charges Be Dismissed?

Dismissal is possible in some cases, depending on the facts and legal issues. Evidence from unlawful searches may be challenged. Witness credibility, weak evidence, or procedural errors can also affect the prosecution’s case. Each situation requires careful analysis to determine if dismissal or reduction is possible. Do Federal Sentencing Guidelines Affect Drug Cases

Federal sentencing guidelines provide a framework for judges when determining sentences. They consider factors such as drug quantity, criminal history, and the defendant’s role in the offense. Although judges are not required to follow the guidelines, they often influence the final sentence.

### What Should Someone Do If Federal Agents Contact Them?

Individuals contacted by federal agents should exercise caution before answering questions or making statements. Statements made during an investigation can later be used as evidence. Speaking with a defense attorney before communicating with investigators can help protect important legal rights and avoid misunderstandings.

### Can Someone Be Charged If Drugs Were Found In A Shared Space?

Yes. In some cases, prosecutors attempt to prove that multiple individuals had access to or control over drugs discovered in a residence or vehicle. Establishing possession requires proof that the accused knowingly exercised control over the substance. This issue often becomes a key point in the defense of drug cases.

### How Long Do Federal Drug Investigations Usually Last?

Federal investigations can last months or even years before charges are filed. Investigators may gather evidence through surveillance, informants, financial analysis, and other investigative techniques. Because these investigations often take place without the target’s knowledge, many individuals only learn about the case when an arrest or search warrant occurs.

## Speak With Mark Diaz & Associates About Federal Fentanyl Charges

Facing federal fentanyl trafficking charges can place your freedom, reputation, and future at risk. These cases require careful preparation and strong legal advocacy. Mark Diaz & Associates represents individuals accused of serious federal drug offenses in [Galveston](https://www.galveston.com/) and throughout the Houston area.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you or a loved one has been charged with fentanyl trafficking or believes a federal investigation may be underway, contact our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The firm represents clients in Galveston and throughout the city of Houston, Texas, and is ready to help you understand your options and defend your rights.

**Categories:** Federal Criminal Defense Lawyer

---

### [Interstate Drug Trafficking Investigations](https://texascriminaljustice.com/interstate-drug-trafficking-investigations/)

**Published:** March 10, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/12/Diaz-4.-When-Does-Drug-Trafficking-Become-A-Federal-Crime_December-2022.jpg "drug trafficking")Interstate drug trafficking investigations often involve aggressive law enforcement tactics and significant criminal risk. Individuals may face both state and federal scrutiny, depending on the circumstances. In areas such as [Galveston](https://www.galveston.com/) and Houston, investigators focus on transportation corridors, ports, highways, and shipping routes used to move controlled substances between states.

These cases typically begin with surveillance or confidential informants before arrests occur. By the time charges are filed, investigators often believe they have a strong case. Because penalties can include lengthy prison sentences, anyone under investigation or charged with interstate drug trafficking should understand Texas law and the importance of a strong legal defense.

## How Interstate Drug Trafficking Investigations Begin

Drug trafficking investigations often begin well before any arrests. Law enforcement may spend weeks or months gathering evidence, frequently involving multiple agencies such as local police, county narcotics units, and federal authorities like the Drug Enforcement Administration.

Investigators often focus on activities such as:

- Large quantities of drugs are being transported across state lines.
- Suspicious shipments through delivery services.
- Coordinated travel between multiple states.
- Financial transactions that appear connected to drug distribution.

Many investigations start with information from an informant or cooperating witness. Others begin after routine traffic stops on major highways connecting Texas with neighboring states. Interstate highways in the Houston and Galveston area are closely monitored as known transportation routes.

When investigators suspect drug trafficking, they often initiate surveillance, which may include monitoring vehicles, reviewing phone records, and tracking suspected deliveries.

### Texas Drug Trafficking Laws And Criminal Charges

Texas law treats drug trafficking offenses seriously. Most trafficking charges fall under the [Texas Health and Safety Code, particularly Chapter 481](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf), which governs controlled substances.

One commonly charged offense is Manufacture or Delivery Of A Controlled Substance under [Texas Health and Safety Code §481.112](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.112). This statute makes it illegal to knowingly manufacture, deliver, or possess with the intent to deliver a controlled substance.

Penalties depend on the type and quantity of drug involved. Texas classifies drugs into penalty groups, each with specific punishment ranges.

For example:

- Small quantities may result in felony charges with prison exposure.
- Larger quantities may lead to enhanced felony penalties.
- Significant trafficking amounts can lead to decades in prison.

If prosecutors believe a person intended to distribute drugs rather than possess them for personal use, the case may be treated as trafficking even if the drugs were not actually sold.

### When Interstate Drug Trafficking Leads To Federal Charges

Drug trafficking that crosses state lines may attract the attention of federal investigators. While Texas authorities often prosecute many cases, federal prosecutors may become involved when the investigation spans multiple states or involves large quantities of drugs.

Federal authorities may file charges if investigators believe a drug distribution network operates across state borders. These investigations often involve wiretaps, surveillance, and controlled purchases.

Even if federal charges are possible, Texas prosecutors may still pursue state charges. As a result, individuals accused of trafficking drugs across state lines may face serious consequences in either state or federal court.

### Possession With Intent To Deliver Under Texas Law

Another common charge in interstate trafficking investigations is Possession With Intent To Deliver, also governed by Texas Health and Safety Code §481.112.

To secure a conviction, prosecutors must prove the defendant knowingly possessed a controlled substance and intended to distribute it. Intent is often inferred from circumstantial evidence, which includes:

- Large drug quantities
- Packaging materials such as baggies or vacuum sealing equipment
- Digital scales
- Cash or financial records
- Multiple cell phones

However, prosecutors must still prove possession and intent beyond a reasonable doubt. Mere presence near drugs does not establish guilt.

### Traffic Stops And Interstate Drug Investigations

Many interstate trafficking cases begin with a traffic stop. Officers may stop a vehicle for a minor traffic violation and then claim to observe signs of criminal activity.

The Fourth Amendment protects individuals from unreasonable searches and seizures. This means law enforcement must have a lawful reason for the traffic stop.

Officers may request consent to search a vehicle, or they may use a drug detection dog. If police search a vehicle without proper legal justification, the evidence obtained may be challenged in court.

Because many interstate trafficking investigations involve highway stops, reviewing the legality of the stop is a key aspect of the defense.

### Search Warrants And Electronic Evidence

Investigators in drug trafficking cases frequently rely on search warrants to gather evidence. These warrants may allow law enforcement to search homes, vehicles, phones, and computers.

Electronic evidence plays a major role in modern investigations. Prosecutors may attempt to use text messages, phone records, and digital communications to show coordination between multiple individuals.

Texas courts require search warrants to meet strict legal standards. Officers must present sufficient probable cause to a judge before obtaining a warrant.

If a warrant is improperly issued or executed, the defense may challenge any evidence obtained as a result

### Conspiracy And Organized Criminal Activity Charges

In many interstate trafficking investigations, prosecutors pursue conspiracy-related allegations. Under Texas law, prosecutors sometimes charge individuals under Texas Penal Code §71.02, which addresses engaging in organized criminal activity.

This statute permits prosecutors to file charges when they believe multiple individuals collaborated to commit certain crimes, including drug distribution.

To prove organized criminal activity, the State must show that an individual intentionally participated in a group working together to commit criminal acts.

These allegations often arise when investigators believe drugs were transported across state lines by coordinated groups.

### Potential Penalties For Interstate Drug Trafficking

Trafficking-related offenses carry severe consequences under Texas law. Penalties depend on the type and quantity of drug involved.

For example, under Texas Health and Safety Code §481.112:

- Lower quantity offenses may result in state jail felony charges.
- Larger quantities may result in first-degree felony charges.

First-degree felony drug charges may result in prison sentences from 5 years to life and fines of $10,000 or more.

When interstate transportation is involved, prosecutors may argue that the case reflects organized distribution rather than simple possession. This can significantly increase the seriousness of the charges.

### Defending Against Interstate Drug Trafficking Allegations

Every drug trafficking case requires a thorough analysis of the evidence. Our approach is to examine each stage of the investigation. Potential legal defense issues include:

- Whether the traffic stop was lawful
- Whether the search violated constitutional protections
- Whether the accused actually possessed the drugs
- Whether investigators can prove intent to distribute
- Whether statements were obtained in violation of constitutional rights

Drug trafficking investigations often rely on circumstantial evidence and cooperating witnesses. These witnesses may have their own legal problems and may receive favorable treatment in exchange for testimony.

As a result, credibility issues often become a significant factor at trial.

### Why Early Legal Representation Matters

Once a person becomes the focus of a trafficking investigation, early legal guidance is critical. Law enforcement may attempt to question suspects or request cooperation.

Statements made at this stage can later be used in court. Even casual conversations with investigators may be included in police reports.

Prompt legal representation helps protect constitutional rights and ensures early decisions do not negatively impact the defense.

## Frequently Asked Questions About Interstate Drug Trafficking Investigations

### What Is Considered Interstate Drug Trafficking?

Interstate drug trafficking refers to transporting or distributing controlled substances across state lines, often for sale or distribution. Investigators may focus on travel routes, shipping methods, or communications between individuals in different states. In Texas, prosecutors typically charge these cases under laws addressing delivery or possession with intent to deliver. When authorities believe drugs crossed state boundaries, they may argue the case involves a broader trafficking operation rather than simple possession.

### Can A Traffic Stop Lead To Drug Trafficking Charges?

Yes. Many trafficking investigations begin with a highway traffic stop. Officers may stop a driver for a minor violation and report signs of criminal activity, such as nervous behavior or inconsistent travel stories. They may request permission to search the vehicle or use a drug detection dog. If drugs are found, prosecutors may pursue trafficking charges if the quantity suggests distribution. The legality of the stop and search is often central to the defense.

### How Do Prosecutors Prove Intent To Deliver Drugs?

Intent to deliver is typically proven through circumstantial evidence. Prosecutors may rely on drug quantity, packaging materials, scales, cash, or communications suggesting sales activity. Large quantities often support an argument for distribution. However, prosecutors must still prove each element beyond a reasonable doubt, and the defense may challenge whether the evidence demonstrates intent to distribute.

### Can Someone Be Charged If They Did Not Own The Drugs?

Yes. Ownership is not required for a possession charge under Texas law. Prosecutors must prove the defendant knowingly possessed the controlled substance. Possession can be actual or constructive, meaning a person had control over the substance even if it was not physically on them. However, mere presence near drugs is not enough for a conviction; prosecutors must present additional evidence linking the accused to the drugs.

### What Role Do Informants Play In Drug Investigations?

Law enforcement often uses informants in drug investigations. Informants may provide information about suspected trafficking or participate in controlled purchases monitored by officers. They may receive reduced charges or other benefits for cooperation. Due to these incentives, defense attorneys closely examine informant credibility and motivations.

### Can Electronic Messages Be Used As Evidence In Drug Cases?

Yes. Text messages, emails, and other electronic communications are commonly used as evidence in trafficking investigations. Prosecutors may use these messages to show coordination among individuals involved in drug distribution. Investigators often obtain search warrants for phones and electronic devices. However, digital evidence must be lawfully collected and carefully interpreted, as messages can be taken out of context or misinterpreted.

### What Happens After Someone Is Arrested For Drug Trafficking?

After an arrest, the accused appears before a judge who sets bond conditions. The case then proceeds through the criminal court process, which may include indictment, discovery, pretrial hearings, and trial. Drug trafficking cases often involve extensive evidence review, including surveillance, recorded conversations, and laboratory testing. The defense closely examines this evidence to determine if legal challenges are warranted.

### Can Drug Trafficking Charges Be Reduced Or Dismissed?

In some cases, weaknesses in the evidence may lead to reduced charges or dismissal. Issues with searches, traffic stops, or warrants can affect the admissibility of evidence. If key evidence is suppressed, the prosecution’s case may be significantly weakened. Each case must be evaluated based on its specific facts and the strength of the evidence.

## Speak With Mark Diaz & Associates About Interstate Drug Trafficking Charges

Prosecutors in Texas treat drug trafficking cases involving interstate transportation very seriously. If you are under investigation or have been charged, it is important to protect your rights and understand your legal options. Diaz & Associates represents individuals accused of serious drug offenses in Galveston and throughout the city of Houston, Texas. These cases require careful review of the evidence, the investigation process, and the legality of law enforcement actions.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions and concerns can arise outside business hours. You will not be handed off to a junior associate or lost in a large system. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston drug trafficking defense lawyer](/drug-trafficking/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Let’s discuss your situation and learn how we can defend you against interstate drug trafficking charges.

**Categories:** Drug Crime Attorney

---

### [Online Enticement Federal Investigations](https://texascriminaljustice.com/online-enticement-federal-investigations/)

**Published:** March 12, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![OnlinePredatorsMindMapConceptForPresentationsAndReports](https://texascriminaljustice.com/wp-content/uploads/2026/03/Online-Enticement-Federal-Investigations.jpg "OnlinePredatorsMindMapConceptForPresentationsAndReports")An online conversation may quickly become a federal criminal investigation if law enforcement suspects an attempt to entice a minor online. These cases often begin discreetly. Individuals may believe they are communicating with another adult, only to later discover that investigators allege the conversation involved a minor or an undercover officer. Federal agencies often work with local Texas authorities to investigate such allegations, and the consequences can be severe if charges are filed. Residents of [Galveston County](https://www.galvestoncountytx.gov/) and the Houston area are sometimes surprised to learn that their online messages or images are central to a federal case.

If federal agents suspect someone tried to persuade, entice, or induce a minor to engage in sexual activity, prosecutors may file federal charges. These investigations typically involve digital evidence, social media, messaging platforms, and undercover operations. Texas criminal statutes may also apply if the alleged conduct violates state law. Understanding the investigative process and available defense strategies is essential to protecting your rights in these serious situations.

## What Is Online Enticement Under Federal Law

Federal prosecutors commonly rely on [18 U.S.C. §2422(b)](https://www.justice.gov/archives/jm/criminal-resource-manual-2001-coercion-and-enticement-18-usc-2422), which makes it a crime to use the internet, text messages, or any form of interstate communication to persuade, induce, entice, or coerce a person under the age of 18 to engage in illegal sexual activity. The government does not always need proof that sexual contact actually occurred. Prosecutors often focus on the alleged intent behind online communications.

Investigations often start with undercover operations. Federal agents or task force officers may create online profiles posing as minors and communicate through social media, chat rooms, dating apps, or text messaging. If investigators believe the communication demonstrates intent to engage in illegal sexual conduct, the case can proceed rapidly. A conviction can result in a mandatory minimum prison sentence of ten years and a possible life sentence in some situations. In addition, defendants often face lifetime registration requirements under federal sex offender laws.

Given the high stakes, anyone who learns they are under federal investigation should take the matter seriously and seek legal representation immediately.

### How Federal And Texas Authorities Work Together

Online enticement investigations often involve cooperation between federal and local agencies. Task forces frequently include agents from the FBI, Homeland Security Investigations, and local police departments. These joint investigations are common throughout Texas, including Galveston County and the greater Houston area.

Although prosecution may occur in federal court, Texas criminal statutes may still apply. State law includes separate offenses related to online communications with minors.

[Texas Penal Code §33.021](https://statutes.capitol.texas.gov/) addresses online solicitation of a minor. This law makes it illegal to communicate in a sexually explicit manner with a person believed to be under 17 years of age or to attempt to meet a minor for sexual activity. A violation may be charged as a felony under Texas law depending on the circumstances.

[Texas Penal Code §43.25](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=43.25) also criminalizes sexual performance by a child and may be relevant when investigators believe images or videos were requested or transmitted.

Since both federal and state statutes may apply, prosecutors determine which court system will handle the charges. Federal prosecutors often take the lead in online enticement cases due to the severity of penalties and the interstate nature of internet communications.

### How Federal Investigations Typically Begin

Many individuals are unaware of an investigation until contacted by law enforcement. These cases often begin in several ways.

Undercover sting operations are common. Officers create online profiles posing as minors and communicate with individuals who initiate contact. If conversations turn sexual or involve requests to meet in person, investigators may arrange a meeting location where an arrest takes place.

Investigations may also start when a social media platform or internet service provider reports suspicious activity to the [National Center for Missing and Exploited Children](https://www.missingkids.org/home). Technology companies must report suspected child exploitation material under federal law. After a report is filed, law enforcement reviews the digital evidence in detail.

Another common starting point is the use of search warrants for online accounts. Federal agents may obtain warrants to examine emails, chat messages, photographs, or account records, often uncovering significant digital data. In these criminal cases, investigators build their case long before a suspect is aware of it.

### Digital Evidence In Online Enticement Cases

Online enticement investigations rely heavily on digital evidence. Prosecutors often present chat transcripts, text messages, photographs, and internet records in court.

Forensic analysis of electronic devices is also common. Agents may obtain warrants to search phones, computers, tablets, and storage devices. Digital forensic examiners can recover messages, deleted files, browsing history, and application data.

Location data may also be used. GPS records, cell phone tower information, and internet service provider logs can place a person at a specific location during the alleged communication.

Because digital evidence is critical, defense attorneys often review how it was obtained and whether investigators followed proper legal procedures.

## Defense Strategies In Online Enticement Investigations

Every case is unique, and defense strategies depend on the specific facts. However, several legal issues often arise in federal online enticement cases.

### Challenging The Evidence

Defense counsel may examine whether the government properly obtained digital evidence. The Fourth Amendment protects against unreasonable searches and seizures. If investigators searched without a valid warrant or exceeded its scope, the evidence may be challenged in court.

### Questioning Identity

Online communications do not always prove who sent the messages. Shared devices, hacked accounts, or misidentified users can create uncertainty about participation. Establishing identity is a key issue in many cases.

### Entrapment Issues

Entrapment occurs when law enforcement persuades or pressures someone to commit a crime they otherwise would not have committed. Courts consider whether the defendant was predisposed to commit the offense or if government agents created the situation. Entrapment defenses, though complex, sometimes arise in undercover sting operations.

### Reviewing The Alleged Intent

Federal law focuses heavily on intent. Prosecutors must show that the defendant intended to persuade or entice a minor to engage in illegal sexual activity. Defense attorneys often examine the context of conversations to determine whether the government’s interpretation is accurate.

### Evaluating State Law Issues

Texas law may also affect the case. For example, Texas Penal Code §33.021 requires proof that the defendant believed the person was under 17. Defense strategies may focus on the alleged belief about age during communication.

## The Serious Consequences Of A Federal Conviction

Federal online enticement charges carry some of the harshest penalties in criminal law. A conviction often results in lengthy prison sentences, starting at a mandatory minimum of ten years. Moreover, offenders will face supervised release conditions after incarceration. These conditions can restrict internet use, employment opportunities, and personal activities. Courts frequently impose long supervision periods in cases involving alleged offenses against minors.

Sex offender registration is another significant consequence. Both federal and Texas laws require individuals convicted of certain offenses to register with law enforcement, which can affect housing, employment, and travel.

Because the consequences extend beyond prison time, early legal representation is crucial when someone becomes aware of an investigation.

When federal agents begin an investigation, they often attempt to speak with the suspect before making an arrest. These conversations may appear informal, but anything said can be used later in court.

Individuals have the right to remain silent and the right to speak with an attorney before answering questions. Exercising those rights can prevent statements that might later be misunderstood or taken out of context.

Early involvement by defense counsel also allows attorneys to review search warrants, analyze evidence, and communicate with prosecutors when appropriate. In some cases, early action can influence how a case develops.

## Frequently Asked Questions About Online Enticement Federal Investigations

### What Is Considered Online Enticement Under Federal Law?

Federal law focuses on attempts to persuade or induce a minor to engage in illegal sexual activity through interstate communications such as the internet or text messaging. Prosecutors often rely on[ 18 U.S.C. §2422(b)](https://www.justice.gov/archives/jm/criminal-resource-manual-2001-coercion-and-enticement-18-usc-2422). The government does not always need proof that sexual contact occurred. The focus is often on the alleged intent behind communications. Conversations that involve sexual discussions with someone believed to be under 18 or plans to meet a minor can form the basis of a federal charge.

### Can Someone Be Charged If They Never Actually Met A Minor?

Yes. Federal law does not require an actual meeting to occur. Prosecutors often rely on chat logs or text messages to argue that the defendant intended to entice a minor. Many cases arise from undercover sting operations where law enforcement officers pose as minors online. Even if the person communicating never meets the supposed minor, the government may still pursue charges based on the messages themselves.

### What Happens If The Person Online Was Actually An Undercover Officer?

Many federal cases involve undercover agents posing as minors online. Courts have generally ruled that a person can still be prosecuted even if the other individual was actually an officer. The key issue becomes whether the defendant believed they were communicating with a minor and intended to engage in illegal activity. Defense strategies may examine the nature of the communication and whether law enforcement encouraged or initiated the conversation.

### Can Law Enforcement Search My Phone Or Computer Without A Warrant?

The Fourth Amendment protects individuals from unreasonable searches. In many situations, law enforcement must obtain a search warrant from a judge before examining digital devices. However, certain exceptions may apply depending on the circumstances. Defense attorneys often review whether warrants were properly obtained and whether investigators followed the limits of the warrant.

### What Is The Texas Law On Online Solicitation Of A Minor?

Texas Penal Code §33.021 makes it illegal to communicate in a sexually explicit manner with someone believed to be under 17 or to attempt to meet a minor for sexual activity. The statute applies even when the person communicating with the defendant is actually an undercover officer. Violations may be charged as serious felonies under Texas law.

### Can Federal Charges And Texas Charges Be Filed At The Same Time?

Yes, it is possible for both federal and state charges to arise from the same conduct. Federal and state prosecutors may evaluate the evidence and decide which court system will handle the case. In many online enticement cases, federal prosecutors take the lead because of the severe penalties available under federal law.

### What Should Someone Do If Federal Agents Contact Them?

Anyone contacted by federal agents should remember they have the right to remain silent and the right to speak with an attorney. Investigators may attempt to gather statements that later become evidence in court. Speaking with legal counsel before answering questions can help protect those rights.

### How Long Do Federal Online Enticement Investigations Take?

The timeline varies widely. Some investigations develop quickly, especially when undercover operations lead directly to an arrest. Other cases may take months while agents review digital evidence, obtain warrants, and conduct forensic analysis of electronic devices. Because digital investigations can involve large amounts of data, these cases often require detailed review by investigators.

## Speak With Mark Diaz & Associates About Federal Online Enticement Investigations

Federal investigations involving online communications can progress rapidly and have serious consequences. Anyone facing allegations of online enticement or solicitation should act promptly to protect their rights. represents individuals accused of serious criminal offenses in Galveston and throughout the city of Houston, Texas. Our firm understands how federal investigations work and how digital evidence is used in court.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or have been charged with an online enticement offense, call our [Galveston federal criminal defense lawyer ](/federal-criminal-defense/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our firm represents clients in Galveston and throughout the city of Houston, Texas, and we are ready to protect your rights and your future.

**Categories:** Federal Criminal Defense Lawyer

---

### [PPP Loan Fraud Defense In Federal Court](https://texascriminaljustice.com/ppp-loan-fraud-defense-in-federal-court/)

**Published:** March 13, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Close-upOfPaycheckProtectionProgramLoanForgivenessApplicationFormRevised](https://texascriminaljustice.com/wp-content/uploads/2026/03/PPP-Loan-Fraud-Defense-In-Federal-Court.jpg "Close-upOfPaycheckProtectionProgramLoanForgivenessApplicationFormRevised")The federal [Paycheck Protection Program (PPP)](https://www.sba.gov/funding-programs/loans/covid-19-relief-options/paycheck-protection-program) started during the COVID-19 pandemic to help businesses stay afloat. Many small businesses in Texas used these loans to pay employees and keep running. Even now, federal investigators are still reviewing PPP loan applications and how the funds were used. Some business owners in [Galveston](https://www.galveston.com/), Houston, and across Texas have been accused of PPP loan fraud. These accusations can lead to serious federal charges, including prison and heavy fines.

If the government says someone gave false information on a PPP loan application or used the funds the wrong way, the consequences can be serious. Federal prosecutors take these cases very seriously because the loans use federal money. Anyone being investigated or charged with PPP loan fraud needs to understand the legal issues and how a defense strategy can help. Careful preparation and a good understanding of federal and Texas law can make a real difference in court.

## Understanding The Paycheck Protection Program

The Paycheck Protection Program was created through the federal Coronavirus Aid, Relief, and Economic Security Act. It allowed qualifying businesses to apply for government-backed loans intended to cover payroll, rent, utilities, and other business expenses during the pandemic. Many PPP loans were later forgiven if the funds were used for authorized purposes.

While the program was meant to help struggling businesses, federal agencies have spent years checking applications and financial records. They look at whether applicants gave accurate details about payroll, employee numbers, business operations, or income. If investigators think someone gave false information or misused loan funds on purpose, criminal charges can result.

Federal prosecutors frequently work with agencies such as the FBI, the Small Business Administration Office of Inspector General, and the Internal Revenue Service during these investigations.

### Common Federal Charges In PPP Loan Fraud Cases

PPP loan investigations often involve several federal criminal statutes. Prosecutors may charge one or more offenses depending on the facts of the case.

One commonly charged offense is wire fraud under [18 U.S.C. §1343](https://www.law.cornell.edu/uscode/text/18/1343). This statute applies when a person allegedly uses electronic communications, such as online loan applications or bank transfers, to obtain money by making false statements or misrepresentations.

Another common charge is bank fraud under [18 U.S.C. §1344](https://www.law.cornell.edu/uscode/text/18/1344). PPP loans were processed through participating financial institutions, and prosecutors may argue that a lender was deceived during loan approval.

Prosecutors may also rely on false statements to a financial institution under [18 U.S.C. §1014](https://www.law.cornell.edu/uscode/text/18/1014), which criminalizes knowingly making false statements to obtain a loan.

In certain situations, the government may add money laundering charges under [18 U.S.C. §1956](https://www.law.cornell.edu/uscode/text/18/1956) if investigators claim that loan funds were transferred or used to conceal their origin.

These federal laws come with serious penalties, such as long prison sentences and large fines.

### Texas Criminal Laws That May Apply In PPP Investigations

Although PPP cases are usually prosecuted in federal court, Texas criminal laws may still be relevant in some investigations. State authorities sometimes coordinate with federal investigators, and certain conduct may also violate Texas law.

One important Texas statute is [Texas Penal Code §32.32](https://codes.findlaw.com/tx/penal-code/penal-sect-32-32/), Fraudulent Securing of Document Execution. This law addresses situations in which someone allegedly causes another person to sign or execute a document by deception. If investigators believe that false information was used to obtain financial documents or loan agreements, prosecutors may examine this statute.

Another relevant law is [Texas Penal Code §32.45](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=32.45), Misapplication of Fiduciary Property. This statute addresses situations in which funds held for a specific purpose are allegedly misused. If loan funds were designated for payroll or business expenses but used for other purposes, prosecutors may seek to apply this law in certain circumstances.

Texas law also includes [Texas Penal Code §32.46](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=32.46), Securing Execution Of Document By Deception. This law may apply when deception leads to signing financial documents or agreements.

These laws show that actions involving financial transactions can lead to both federal and state criminal investigations.

### How Federal Investigations Typically Begin

Many PPP investigations begin with financial data analysis. Federal agencies review loan applications and compare the information submitted with tax records, payroll filings, and bank statements.

Several red flags often trigger investigations, including:

- Applications showing unusually high payroll numbers
- Businesses that were recently created before applying for a loan
- Multiple loans connected to the same address or tax identification number
- Large transfers of loan funds to personal accounts
- Purchases unrelated to business operations

Banks may also file suspicious activity reports if they detect unusual transactions involving PPP funds.

Once investigators identify concerns, they may issue subpoenas for financial records or interview individuals connected to the business.

### Evidence Prosecutors Often Use In PPP Fraud Cases

Federal prosecutors usually rely heavily on financial records and digital evidence. Because PPP loans were applied for online and processed through banks, investigators often have access to detailed documentation.

Common forms of evidence include:

- Loan applications and supporting documents
- Tax filings and payroll records
- Bank account statements
- Communications with lenders
- Electronic records showing how funds were transferred
- Statements made to investigators

The government must prove that a person knowingly made false statements or intentionally misused funds. Establishing intent is often a central issue in these cases.

## Defending Against PPP Loan Fraud Allegations

Every PPP investigation is different, and the defense strategy depends on the facts of each case. Several defense approaches may arise when evaluating these cases.

### Lack Of Intent

Many PPP fraud cases hinge on whether the defendant knowingly made false statements. Business owners often relied on accountants, payroll companies, or financial advisors when preparing loan applications.

If inaccurate information resulted from misunderstanding, accounting errors, or reliance on third parties, prosecutors may have difficulty proving criminal intent.

### Inaccurate Financial Calculations

The PPP program was implemented quickly during an emergency situation. Rules and eligibility requirements changed multiple times. Many applicants misunderstood how to calculate payroll or business expenses.

If financial figures were calculated incorrectly but not intentionally falsified, the government may struggle to prove fraud.

### Legitimate Business Operations

Another important defense may involve demonstrating that the business was real and operating legitimately. Investigators sometimes suspect fraud when businesses appear inactive or recently formed.

Business records, contracts, invoices, and payroll documentation may show that the company was operating and attempting to comply with program requirements.

### Improper Investigation Procedures

Defense attorneys also examine whether investigators followed proper procedures when gathering evidence. Issues involving search warrants, subpoenas, or the collection of digital evidence can sometimes affect the admissibility of key evidence.

## Federal Sentencing Exposure In PPP Fraud Cases

Federal sentencing is influenced by several factors, including the amount of alleged financial loss. The Federal Sentencing Guidelines often play a major role in determining potential penalties.

Loss calculations, number of victims, and alleged leadership roles can all affect sentencing ranges.

Possible penalties for federal fraud offenses may include:

- Federal prison sentences
- Large financial fines
- Restitution orders requiring repayment of loan funds
- Supervised release following imprisonment

Because sentencing calculations can be complex, early legal analysis is important when evaluating potential exposure.

### Why Early Legal Representation Matters

Individuals who believe they are under investigation for PPP loan fraud should seek legal guidance as soon as possible. Early involvement by defense counsel allows for a careful review of the government’s allegations and evidence.

Defense attorneys may:

- Review financial records and business documents.
- Communicate with investigators when appropriate.
- Identify weaknesses in the government’s evidence.
- Develop legal strategies tailored to the case.

Early preparation often provides the best opportunity to protect a client’s rights and present a strong defense.

## Frequently Asked Questions About PPP Loan Fraud Defense

### What Is PPP Loan Fraud Under Federal Law?

PPP loan fraud generally refers to situations in which the government alleges that someone intentionally provided false information to obtain a Paycheck Protection Program loan or used loan funds in unauthorized ways. Federal prosecutors typically rely on statutes such as wire fraud under 18 U.S.C. §1343 or bank fraud under 18 U.S.C. §1344. These charges focus on whether a person knowingly used false statements or deceptive practices to obtain money from a federally backed loan program.

### Can A Business Owner Be Charged If Their Accountant Prepared The PPP Application?

This situation arises frequently. Many business owners relied on accountants, payroll providers, or financial advisors to prepare loan applications. If incorrect information was included in the application due to an error or misunderstanding by a third party, the government must still prove that the business owner knowingly approved the false information. Demonstrating reliance on professional advisors can sometimes be an important factor in defending these cases.

### How Do Federal Investigators Discover PPP Loan Fraud?

Federal investigators use several methods to detect potential fraud. Agencies analyze loan data, tax records, payroll filings, and banking transactions. Financial institutions also report suspicious transactions through regulatory reporting systems. When investigators identify inconsistencies between loan applications and other records, they may begin an investigation that includes subpoenas and interviews.

### What Happens If I Receive A Subpoena Related To A PPP Loan Investigation?

Receiving a subpoena does not necessarily mean you will be charged with a crime, but it does indicate that investigators are reviewing financial records or seeking testimony. A subpoena may request documents, bank records, or communications related to a PPP loan application. It is important to review the request carefully with a defense attorney before responding.

### Can PPP Loan Fraud Charges Be Filed Years After The Loan Was Issued?

Yes. Federal investigations often take years to develop. Authorities may review loan records long after the funds were distributed. The statute of limitations for many federal fraud offenses is generally five years, although certain circumstances can extend that period.

### What Evidence Does The Government Need To Prove PPP Loan Fraud?

To secure a conviction, prosecutors must demonstrate that a defendant knowingly made false statements or engaged in deceptive conduct to obtain loan funds. Evidence may include loan applications, financial documents, bank statements, communications, and witness testimony. The government must show intent, meaning the alleged false information was provided knowingly rather than by mistake.

### Can Someone Be Charged If The Loan Was Eventually Repaid?

Repayment of the loan does not automatically eliminate potential criminal liability. Prosecutors may still pursue charges if they believe the loan was obtained through fraudulent statements. However, repayment may sometimes be relevant when evaluating intent or potential sentencing considerations.

### Are PPP Fraud Cases Always Handled In Federal Court?

Most PPP loan fraud cases are prosecuted in federal court because the loans were issued through a federal program. However, certain conduct may also violate Texas criminal statutes, particularly when deception is involved in financial transactions. State and federal investigators sometimes cooperate during these investigations.

### What Penalties Can Someone Face For PPP Loan Fraud?

Penalties depend on the specific charges and the amount of money involved. Federal fraud offenses can carry significant prison sentences and financial penalties. Courts may also order restitution, which requires repayment of funds associated with the alleged fraud.

### Should I Speak With Federal Investigators Without A Lawyer?

Individuals who are contacted by federal investigators should understand their rights before answering questions. Statements made during interviews may later be used as evidence in court. Consulting a criminal defense attorney before speaking with investigators allows for a careful evaluation of the situation and helps protect your legal interests.

## Speak With Mark Diaz & Associates About PPP Loan Fraud Defense

Federal PPP loan fraud investigations can place tremendous pressure on business owners and professionals. The stakes are high, and early legal guidance can make a significant difference when facing these allegations.

Mark Diaz & Associates provides criminal defense representation to individuals accused of federal offenses in Galveston and throughout Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are facing allegations related to a PPP loan or believe you may be under federal investigation, call our [Galveston federal criminal defense lawyer ](/federal-criminal-defense/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our firm represents clients in Galveston and throughout Houston who need strong defense in federal criminal cases.

**Categories:** Federal Criminal Defense Lawyer

---

### [DEA Drug Bust: What Happens After Arrest](https://texascriminaljustice.com/dea-drug-bust-what-happens-after-arrest/)

**Published:** March 14, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Drug Trafficking Attorney](https://texascriminaljustice.com/wp-content/uploads/2021/03/Drug-Trafficking-Attorney.jpg "Drug Trafficking Attorney")A DEA drug bust can happen quickly and catch you off guard. You might be living your normal life, then suddenly find yourself surrounded by federal agents or local police working with the DEA. These arrests usually follow long investigations that use surveillance, informants, wiretaps, or controlled buys. After being arrested, it’s common to feel overwhelmed and unsure about what comes next. The legal process moves fast, and the consequences can be serious if the charges aren’t handled the right way.

DEA drug cases often involve both federal and Texas state law enforcement. Even if federal agents are part of the investigation, your case might still be handled under Texas law, depending on the details and where you were arrested. In [Galveston County](https://www.galvestoncountytx.gov/) and the Houston area, drug charges, especially those involving distribution or trafficking, are treated very seriously. Knowing what to expect after a DEA arrest can help you protect your rights and make smart choices about your defense.

## How DEA Drug Busts Typically Begin

DEA investigations can last for months or even years before anyone is arrested. Agents use different methods to watch suspected drug activity.

Common investigative tools include:

- Confidential informants
- Controlled drug purchases
- Phone or electronic surveillance
- Search warrants
- Financial investigations
- Cooperation from other suspects

Often, local police in Galveston County work together with federal agents. Once the investigation reaches a certain point, officers might carry out search warrants or make arrests at the same time.

If drugs are found during a search or traffic stop, investigators may charge you under Texas drug laws. These cases are usually prosecuted under the Texas Controlled Substances Act.

### Texas Drug Charges After A DEA Arrest

Even if the DEA is involved, many arrests in Galveston or Houston lead to state charges. The most common charge is under [Texas Health and Safety Code §481.115](https://statutes.capitol.texas.gov/getstatute.aspx?Code=HS&Value=481.115), which makes it illegal to possess controlled substances.

In Texas, possession means you knowingly or intentionally had control over a controlled substance. How serious the charge is usually depends on the type and amount of drug involved.

Penalties vary significantly. For example:

- Small amounts of certain drugs may lead to state jail felony charges.
- Larger quantities can result in second-degree or first-degree felony charges.
- Allegations involving distribution may lead to delivery or trafficking charges.

[Texas Health and Safety Code §481.112](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-112/) addresses the delivery of controlled substances, which includes selling, transferring, or offering to sell drugs.

In some cases, prosecutors may also pursue drug manufacturing charges, depending on the type of substance involved.

### What Happens Immediately After A Drug Arrest

After a DEA-related arrest in Galveston County, things move quickly. The first step is usually booking and processing at the local jail.

During booking, officers take your information, fingerprints, and photos. They also prepare an arrest report and log any evidence they collected.

Shortly after the arrest, the defendant typically appears before a magistrate judge. This hearing is often called a magistration or initial appearance.

At this stage, the judge will:

- Inform the defendant of the charges.
- Set bail or bond conditions.
- Explain certain legal rights.

Bond conditions might include rules like travel restrictions, drug testing, or limits on who you can contact.

### Possible Charges In A DEA Drug Bust

Drug busts often come with more than one charge. Prosecutors might file several charges depending on what happened.

Common allegations include:

- Possession of controlled substances
- Possession with intent to deliver
- Drug distribution or trafficking
- Conspiracy to distribute drugs
- Possession of drug paraphernalia

“Intent to deliver” charges are often based on indirect evidence. For example, officers might say that packaging materials, scales, or lots of cash show drug distribution.

[Texas Health and Safety Code §481.112](https://statutes.capitol.texas.gov/getstatute.aspx?Code=HS&Value=481.112) allows prosecutors to pursue serious felony charges if they believe the drugs were intended for sale.

### Federal Charges Versus Texas Drug Charges

Sometimes, DEA investigations lead to federal charges. But not every DEA-related arrest turns into a federal case.

Federal charges are typically filed when investigators believe the conduct involves:

- Interstate drug trafficking
- Large quantities of controlled substances
- Organized criminal activity
- Weapons involvement
- Financial transactions connected to drug distribution

When a case remains in a Texas state court, prosecutors rely on the Texas Controlled Substances Act. Even under state law, penalties can still include significant prison exposure depending on the drug weight and classification.

### Search Warrants And Constitutional Issues

Many DEA drug busts start with a search warrant. This lets law enforcement enter a home, car, or business to look for evidence.

The Fourth Amendment to the United States Constitution requires that warrants be supported by probable cause. Officers must present information to a judge explaining why they believe evidence of a crime will be found at a specific location.

Problems sometimes arise with search warrants. For example:

- Inaccurate information in the warrant affidavit
- Lack of probable cause
- Improper execution of the warrant
- Searches that go beyond the scope authorized by the warrant

If law enforcement breaks constitutional rules, some evidence can be challenged in court.

### Evidence Prosecutors Use In Drug Cases

Drug prosecutions often rely on a variety of evidence sources. The strength of the case depends heavily on how that evidence was obtained and preserved.

Common forms of evidence include:

- Drugs seized during searches
- Laboratory testing reports
- Surveillance recordings
- Text messages or phone records
- Statements made by suspects
- Testimony from cooperating witnesses

Prosecutors have to prove every part of the charge beyond a reasonable doubt. Sometimes, the evidence is unreliable or was not collected properly.

### Potential Penalties Under Texas Drug Laws

Texas drug penalties mostly depend on the drug’s penalty group and the amount involved. These categories are listed in the Texas Health and Safety Code.

For example:

Under Texas Health and Safety Code §481.115, possession of certain substances in Penalty Group 1 may result in:

- State jail felony charges for small quantities
- Second-degree felony charges for larger amounts
- First-degree felony charges for significant quantities

First-degree felony convictions can carry potential prison sentences of 5 to 99 years under Texas Penal Code §12.32.

Because the consequences are so serious, it’s important to look closely at the evidence and legal issues in your case.

### Defense Strategies In DEA Drug Cases

Every drug case is unique, and defense strategies depend on the facts of the investigation. Our role is to examine every stage of the arrest and evidence collection process.

Possible defense issues may include:

- Illegal search or seizure
- Lack of possession or control over the drugs
- Unreliable confidential informants
- Improper laboratory testing procedures
- Chain of custody problems

Sometimes, investigators assume that just being present means you possessed the drugs found there. But Texas law requires proof that you knowingly had control over the substance.

### The Importance Of Early Legal Representation

Drug cases often have complicated legal and scientific issues. Getting a defense attorney involved early can help save important evidence and protect your rights.

After an arrest, investigators may continue to gather information or seek statements from suspects. Speaking to law enforcement without legal guidance can create serious problems for the defense.

Having a defense attorney from the start means your case can be reviewed carefully and your rights are protected at every step.

## Frequently Asked Questions About DEA Drug Busts In Texas

### What Should I Do If DEA Agents Arrest Me?

If DEA agents or local officers arrest you, the most important thing is to stay calm and use your right to remain silent. You do not have to answer questions without a lawyer. Anything you say can be used against you in court. It’s usually best to politely tell officers you want to speak with a lawyer before answering any questions.

### Can Local Police Work With The DEA On Drug Investigations?

Yes. DEA investigations often use joint task forces with both federal agents and local police. In Galveston County and Houston, local law enforcement often works with federal authorities on drug cases. Even if the DEA is involved, your case might still be prosecuted under Texas law, depending on the situation.

### What Is Possession With Intent To Deliver Under Texas Law?

Possession with intent to deliver is a serious drug offense under Texas Health and Safety Code §481.112. Prosecutors must prove that a person knowingly possessed a controlled substance and intended to distribute it to others. Evidence used to support this allegation may include packaging materials, large quantities of drugs, scales, or significant amounts of cash. The severity of the charge depends on the type and quantity of the substance involved.

### Can A Drug Case Be Dismissed If The Search Was Illegal?

Yes. If law enforcement broke the Fourth Amendment rules when collecting evidence, a court might throw out that evidence. For example, if officers searched a home without a valid warrant or probable cause, the drugs they found could be excluded from the case. Without that evidence, it can be hard for prosecutors to prove the charges.

### How Long Do Drug Investigations Usually Last?

DEA investigations can last for months or even longer before anyone is arrested. Agents might use surveillance, collect financial records, or work with informants. By the time arrests happen, law enforcement usually believes they have enough evidence for criminal charges.

### Can Someone Be Charged With A Drug Crime Even If The Drugs Were Not On Them?

Yes. Texas law allows Yes. In Texas, prosecutors can file charges if they think you had control over the drugs, even if they weren’t found on you. For example, drugs found in a car or home can lead to charges if investigators believe you knew about them and could control them. These cases often involve arguments about whether you actually possessed the drugs.

### Can Text Messages Be Used As Evidence In Drug Cases?

Yes. Investigators frequently examine cell phones and electronic devices for messages that they believe show drug transactions or communications related to drug activity. Search warrants are often used to obtain this data. The interpretation of these messages can become an important issue during the defense of the case.

### What Are The Long-Term Consequences Of A Drug Conviction In Texas?

A felony drug conviction can mean prison time, big fines, and a permanent criminal record. It can also hurt your chances for jobs, housing, or professional licenses. Some convictions may affect your gun rights or immigration status if you are not a citizen.

### Why Is It Important To Have A Lawyer After A DEA Drug Arrest?

Drug cases often have complex legal and scientific issues. A defense attorney can check if law enforcement followed the rules, challenge weak evidence, and defend you in court. Getting a lawyer early also helps protect your rights during questioning and other parts of the case.

## Speak With Mark Diaz & Associates About Your Drug Case

A DEA drug bust can leave you with serious charges and unsure about the future. Mark Diaz & Associates helps people accused of drug crimes in Galveston County and Houston. We work closely with our clients to review the evidence, protect their rights, and build a strong defense.

When you hire me, you work with me directly. My clients get my personal cell phone number because questions and emergencies can happen anytime. You won’t be passed off to a junior associate or lost in a busy system. From arrest to resolution, I stay personally involved and available.

If you or someone you care about was arrested in a DEA investigation, call our [Galveston federal drug crime defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and Houston and are ready to help you protect your rights and your future.

**Categories:** Federal Drug Charges

---

### [How Informants Are Used In Federal Drug Cases](https://texascriminaljustice.com/how-informants-are-used-in-federal-drug-cases/)

**Published:** March 15, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![drug trafficking](https://texascriminaljustice.com/wp-content/uploads/2022/02/Diaz_drug-trafficking.jpg "drug trafficking")Federal drug investigations often depend on [confidential informants](https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-supervision/overview-probation-and-supervised-release-conditions/chapter-2-acting-confidential-human-source-informant-probation-and). These people help law enforcement by sharing information, joining undercover operations, or helping prosecutors build cases. In many cases in [Galveston County](https://www.galvestoncountytx.gov/) and Houston, the investigation starts with tips from someone who already faces legal trouble. If you are dealing with federal drug charges in Texas, it is important to know how informants are used and how their information is judged.

Many people think federal agents build drug cases mostly through surveillance or big investigations. In fact, informants often play a key role by identifying suspects, setting up controlled buys, and testifying in court. These situations raise important legal questions about how reliable and credible the informants are, and what law enforcement is allowed to do. When we defend clients in these cases, we look closely at how informants were used and whether their actions or statements can be challenged under Texas law and the Constitution.

If you are accused of a drug crime tied to a federal investigation, it is important to know how informants work and how their information is used in court. Sometimes, whether an informant is believable becomes the main issue in the case.

## What Is A Confidential Informant?

A confidential informant is someone who gives information to law enforcement about crimes. Informants may help federal agents like the DEA, FBI, or Homeland Security, but their actions often connect with Texas law since many investigations start locally or at the state level.

Many informants already face criminal charges and hope to get a lighter sentence by cooperating. Others may say they have inside knowledge about drug trafficking or distribution networks.

Law enforcement may use informants to:

- Provide intelligence about suspected drug trafficking.
- Identify individuals involved in illegal drug sales.
- Arrange controlled drug purchases.
- Introduce undercover officers to suspects.
- Testify about conversations or transactions.

Since informants often get something in return for helping, their honesty and reliability are important issues in court. Informants allow investigators to gain access to groups or environments that would otherwise be difficult to penetrate.

Federal agents often rely on informants when investigating violations related to controlled substances under federal law and state laws such as [Texas Health and Safety Code §481.112](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=481.112), which prohibits the manufacture or delivery of controlled substances.

Informants may provide information that leads to search warrants, arrests, or surveillance operations. In some cases, an informant participates in recorded conversations or controlled purchases while agents monitor the activity.

But informants often have strong personal reasons to help. Many want to lower their own risk of being charged. Because of this, defense attorneys can question if the information is true or just given for personal gain.

### Controlled Drug Buys And Informant Participation

A common way informants are used in drug cases is to set up a controlled drug buy. In these situations, law enforcement watches as an informant tries to buy drugs from a suspect.

The process may involve several steps:

- Searching the informant before the transaction
- Providing marked money
- Monitoring the informant through audio or video equipment
- Observing the meeting location
- Recovering drugs after the transaction

Investigators may later claim the transaction proves that the suspect knowingly delivered a controlled substance under Texas Health and Safety Code §481.112.

Defense attorneys look closely at these operations. They ask if the transaction was clearly recorded, if the informant did what they were supposed to, and if the evidence really shows the accused committed the crime.

### Informant Testimony In Federal Drug Trials

Informants frequently testify as witnesses in drug prosecutions. Their testimony may include statements about alleged drug transactions, recorded conversations, or prior interactions with the accused.

Federal prosecutors may rely on informant testimony to establish key elements of a drug offense, including knowledge and intent. These elements are also relevant under Texas law, which often requires proof that a person knowingly possessed, manufactured, or delivered a controlled substance.

But informant testimony can often be challenged in court. When we defend these cases, we look closely at:

- Any promises made to the informant
- Whether the informant received reduced charges or sentencing consideration
- Prior criminal history
- Previous cooperation with law enforcement
- Inconsistencies in statements

Jurors have the right to think about whether an informant might exaggerate or give false information. several legal concerns. Courts recognize that informants may provide unreliable information if they believe doing so will benefit them personally.

When law enforcement relies on informants to obtain search warrants, courts examine whether the information provided establishes probable cause. Under the Fourth Amendment and related Texas legal standards, officers must present reliable facts supporting a warrant request.

If an informant’s honesty is in doubt or if officers do not check the information, the search warrant can be challenged. If the court finds there was no good reason for the warrant, evidence from the search may not be used.

### Entrapment Concerns In Drug Cases

Another issue that sometimes arises in informant-driven investigations is entrapment. Under Texas Penal Code §8.06, a defendant may argue entrapment if law enforcement induced them to commit a crime they were not otherwise predisposed to commit.

Entrapment claims often look at what informants or undercover agents did. If an informant keeps pressuring someone to get involved in drug activity or offers rewards that might make a normally law-abiding person commit a crime, the defense can bring this up.

Entrapment defenses can be complex, but they sometimes become relevant when informants play a major role in initiating drug transactions.

### Informants And Search Warrants

Informants frequently provide the information that law enforcement uses to obtain search warrants. Investigators may claim that an informant observed drugs, participated in drug transactions, or heard statements indicating illegal activity.

When a warrant relies heavily on an informant, courts may consider several factors:

- Whether the informant has previously provided reliable information
- Whether the information was independently verified
- Whether the statements were detailed and specific

Defense attorneys review the warrant affidavit carefully. If the affidavit contains inaccurate information or omissions, the defense may seek to challenge the warrant in court.

### The Importance Of Careful Case Review

Drug cases involving informants often depend on credibility. Because informants may receive significant benefits in exchange for cooperation, their testimony and statements deserve careful scrutiny.

A thorough review may include:

- Analyzing recorded communications
- Reviewing law enforcement reports
- Examining search warrant affidavits
- Investigating the informant’s criminal history
- Identifying any promises made by prosecutors

These steps can reveal weaknesses that may affect the prosecution’s case.

### Why Early Legal Representation Matters

Federal drug investigations can move quickly once law enforcement believes it has evidence of illegal activity. Informants may continue interacting with suspects for extended periods while investigators gather information.

Anyone who believes they are being investigated should understand the risks of speaking with law enforcement without legal counsel. Statements made during these encounters can later become evidence.

Early legal guidance can help protect your rights and ensure that your side of the story is properly presented if charges are filed.

## Frequently Asked Questions About Informants In Federal Drug Cases

### What Is A Confidential Informant In A Drug Case?

A confidential informant is a person who provides information to law enforcement about criminal activity. In drug investigations, informants may report suspected trafficking operations, participate in controlled purchases, or testify about conversations they claim to have had with suspects. Informants may work with federal agents or local police departments. Many informants cooperate because they face criminal charges themselves and hope their assistance will help them receive favorable treatment in court.

### Why Do Informants Cooperate With Law Enforcement?

Informants often cooperate because they believe doing so may reduce their own legal problems. Prosecutors may consider cooperation when deciding whether to reduce charges or recommend a lighter sentence. Some informants are paid for their assistance, while others hope to avoid prosecution. These incentives are important because they may affect the reliability of the information provided.

### Can Someone Be Convicted Based Only On Informant Testimony?

In some situations, prosecutors may rely heavily on an informant’s testimony. However, jurors are allowed to consider the credibility of that witness. Defense attorneys often challenge informant testimony by examining motives, criminal history, and any benefits the witness received. Courts generally instruct juries to consider whether a witness has an incentive to provide testimony that helps prosecutors.

### Can Informants Secretly Record Conversations?

Yes. In many cases, informants work with law enforcement to record phone calls or meetings. Federal law and Texas law allow recordings when at least one participant in the conversation consents to the recording. If an informant agrees to cooperate with investigators, the recording may be lawful even if the other party does not know it is happening.

### What Is A Controlled Drug Buy?

A controlled drug buy is a transaction arranged by law enforcement in which an informant purchases drugs from a suspected individual while officers monitor the situation. Investigators may provide money, recording equipment, and surveillance. After the transaction, the drugs are recovered and used as evidence. These operations are often used to support charges involving the delivery of controlled substances under Texas Health and Safety Code §481.112.

### Can Informants Lie To Law Enforcement?

Informants sometimes provide inaccurate information, either intentionally or because they misunderstand what they observed. When investigators rely heavily on informant statements, defense attorneys may question whether those statements were verified. If inaccurate information was used to obtain a search warrant, the defense may challenge the validity of the warrant in court.

### What Happens If An Informant Pressures Someone To Sell Drugs?

If law enforcement or an informant pressures someone to commit a crime they were not predisposed to commit, the defense may raise entrapment. Texas Penal Code §8.06 recognizes this defense when law enforcement induces a person to engage in conduct they otherwise would not have committed. Entrapment claims depend on the facts of the case and often involve careful review of recorded conversations and interactions.

### Can Informants Receive Reduced Sentences?

Yes. Prosecutors sometimes agree to recommend reduced sentences or other benefits in exchange for cooperation. These agreements may be disclosed during the criminal case. Defense attorneys frequently question informants about any deals they have received because those agreements may influence their testimony.

### How Do Defense Attorneys Challenge Informant Evidence?

Defense attorneys may challenge informant evidence in several ways. They may review recordings, analyze law enforcement reports, investigate the informant’s criminal background, and examine whether any promises were made in exchange for cooperation. Cross-examination during a trial often focuses on credibility, bias, and inconsistencies in statements.

### Should I Speak With Federal Agents If They Contact Me?

If federal agents contact you regarding a drug investigation, it is generally wise to speak with a criminal defense lawyer before answering questions. Statements made during interviews may later be used as evidence. Legal guidance can help ensure your rights are protected while the situation is evaluated.

## Speak With Mark Diaz & Associates About Federal Drug Investigations

Federal drug investigations involving confidential informants can become very complex. These cases often involve recorded conversations, surveillance, and testimony from individuals who may be cooperating in hopes of reducing their own legal exposure. If you are facing allegations connected to a federal drug investigation in Galveston County or anywhere in the Houston area, it is important to understand your rights and the legal issues involved.

Mark Diaz & Associates provides criminal defense representation for people facing serious charges in Galveston and throughout Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or placed in a system where your case is one of many files on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston federal drug crime defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our firm represents clients in Galveston and throughout the city of Houston, Texas.

**Categories:** Federal Drug Charges

---

### [Internet Sex Sting Defense In Federal Court](https://texascriminaljustice.com/internet-sex-sting-defense-in-federal-court/)

**Published:** March 16, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![AnOpenOfficeComputerLaptopOnAPlainTimberDesk](https://texascriminaljustice.com/wp-content/uploads/2026/03/Internet-Sex-Sting-Defense-In-Federal-Court.jpg "AnOpenOfficeComputerLaptopOnAPlainTimberDesk")Internet sex sting investigations are now among the most common federal criminal cases in Texas. Law enforcement frequently conducts undercover online operations, with officers posing as minors or their associates. These investigations often start in chat rooms, on social media, on dating apps, or through text messaging. Many individuals are unaware that they are communicating with law enforcement until their arrest. Federal charges in these cases carry severe and lasting consequences.

Federal prosecutors pursue internet sex sting cases aggressively, with agencies like the FBI, Homeland Security Investigations, and the Department of Justice dedicating significant resources. Arrests typically follow months of online communication, evidence collection, and surveillance. Those accused face not only criminal penalties but also significant harm to their reputation and personal life. Understanding the law, charges, and possible defenses is essential when facing these allegations.

## How Internet Sex Sting Operations Are Conducted

Most internet sex sting cases start with undercover officers creating online profiles that appear to belong to minors. These profiles are posted on social media, messaging apps, and high-traffic websites. Officers may wait for individuals to initiate contact or may actively engage in conversations.

After communication begins, the officer usually claims to be under 18, often stating an age as young as 14 or 15. Investigators document the entire exchange, saving chat logs, screenshots, messages, emails, and other digital records.

These cases often escalate when officers claim they are willing to meet in person. Cases often escalate when officers suggest meeting in person. Investigators arrange a location, such as a parking lot, park, or restaurant, and make the arrest when the suspect arrives. Arrests are frequently followed by searches of phones, computers, vehicles, or homes.

### Federal Charges Commonly Filed In Internet Sex Sting Cases

Several federal statutes are frequently used in internet sting prosecutions. The most common charge is online enticement of a minor under [18 U.S.C. §2422(b)](https://www.justice.gov/archives/jm/criminal-resource-manual-2001-coercion-and-enticement-18-usc-2422). This statute makes it illegal to use the internet or any means of interstate commerce to persuade, induce, or entice a minor to engage in sexual activity that would be illegal under state law.

Conviction under this statute carries extremely severe penalties. A person convicted faces a mandatory minimum sentence of ten years in federal prison and a potential sentence of life imprisonment.

Another federal charge sometimes filed is attempted sexual exploitation of a minor under [18 U.S.C. §2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title18-section2251&num=0&edition=1999). This statute involves attempts to produce sexually explicit material involving a minor. Penalties can include a mandatory minimum sentence of fifteen years in prison.

Possession or distribution of illegal images can lead to charges. These statutes address the possession, receipt, and distribution of child pornography and carry substantial prison sentences.

Federal prosecutors may file multiple charges in a single case, depending on the digital evidence recovered. Texas criminal statutes still play an important role. Federal prosecutors often rely on state law to determine whether the conduct described in online messages would have been illegal if it involved a real minor.

One common Texas statute involved in these cases is [Texas Penal Code §33.021](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=21) – Online Solicitation Of A Minor. This law makes it a crime to communicate with a minor through electronic means with the intent to engage in sexual conduct. The statute also criminalizes requests for minors to engage in sexually explicit acts.

Depending on the circumstances, violating this statute may be charged as a second-degree felony, carrying a prison sentence of two to twenty years under [Texas Penal Code §12.33](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.33). Prosecutors may rely on this law when an individual allegedly takes substantial steps toward committing an offense, but the act is not completed.

These state statutes frequently form the basis for determining whether federal charges under [18 U.S.C. §2422(b)](https://www.justice.gov/archives/jm/criminal-resource-manual-2001-coercion-and-enticement-18-usc-2422) apply.

### Potential Consequences Of A Federal Internet Sex Sting Conviction

Penalties for federal internet sting cases are severe. Conviction often results in lengthy prison sentences, supervised release, and mandatory sex offender registration.

Federal sentencing guidelines significantly influence punishment. Judges consider several factors, including:

- Prior criminal history
- Any steps taken toward meeting the alleged minor

Many individuals convicted of these offenses face long periods of supervised release after leaving prison. These conditions often include strict restrictions on internet use, computer access, and contact with minors.

Sex offender registration requirements can last for decades and may impact employment, housing, and personal relationships.

### How Digital Evidence Is Used In Internet Sting Prosecutions

Digital evidence often forms the foundation of internet sex sting cases. Investigators rely on chat logs, email messages, text messages, and social media communications to build their case.

Law enforcement agencies typically preserve communications using specialized software that records conversations in real time. Officers may also capture screenshots of messages and profile pages.

In many cases, investigators seize phones, tablets, and computers after an arrest. Forensic experts then analyze the devices using advanced software designed to recover deleted files and hidden data.

Digital forensic analysis can reveal a large amount of information, including:

- Internet browsing history
- Stored chat conversations
- Cloud storage data
- Deleted text messages
- Social media activity

Given the importance of digital evidence, careful review of forensic procedures is a key part of the defense strategy.

### Common Defense Strategies In Internet Sex Sting Cases

While each case is unique, several legal defenses commonly arise in internet sting prosecutions.

#### Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they were not otherwise predisposed to commit. If investigators pressured or manipulated an individual into illegal conduct, this defense may apply.

Entrapment claims often focus on how the conversation began and whether officers encouraged or escalated the interaction.

#### Lack Of Intent

Federal enticement charges require proof that the accused intended to persuade or entice a minor into illegal sexual activity. If the communications do not clearly demonstrate that intent, the prosecution may have difficulty meeting its burden of proof.

Defense attorneys frequently examine the entire conversation rather than isolated messages.

#### Identity Issues

Online communications do not always prove who was actually using a device or account. Shared computers, hacked accounts, or unauthorized access can raise questions about identity.

When investigators rely solely on digital evidence, proving who sent specific messages may become an important issue.

#### Illegal Search Or Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures. If investigators obtained digital evidence without a valid warrant or legal authority, that evidence may be challenged in court.

Courts sometimes suppress evidence obtained through unconstitutional searches.

### The Importance Of Early Legal Representation

Internet sex sting investigations move quickly. Federal authorities often gather evidence for months before making an arrest. Once charges are filed, prosecutors already have a large amount of information.

Early legal representation can play an important role in protecting a person’s rights. Defense counsel can review evidence, evaluate the legality of the investigation, and identify potential defenses.

Federal criminal cases are complex and often involve detailed digital evidence, forensic reports, and strict procedural rules. Careful preparation is essential when defending against allegations tied to online sting operations.

## Frequently Asked Questions About Internet Sex Sting Cases

### What Happens If Someone Is Arrested In An Internet Sex Sting Operation?

After an arrest in an internet sex sting investigation, the process begins with booking and an initial appearance in federal court. At this hearing, a judge informs the accused of the charges and considers bond conditions. Federal prosecutors may seek pretrial detention, and investigators may seize electronic devices for forensic examination. The case then proceeds through indictment, discovery, pretrial motions, and possibly trial. Each stage can take months as both sides review digital evidence and legal issues.

### Can Someone Be Charged Even If The Person They Communicated With Was Actually An Undercover Officer?

Yes. Federal law permits prosecutors to charge individuals even if the alleged minor was an undercover officer. Courts focus on the defendant’s intent, not the actual identity of the person involved. If prosecutors believe the defendant intended to persuade or entice a minor into illegal conduct, charges may be filed under federal enticement laws. However, the facts of the communication and investigators’ conduct remain important in the defense.

### How Serious Are Federal Internet Sex Sting Charges?

Federal internet sting charges are among the most serious criminal allegations prosecuted in federal court. Many of these offenses carry mandatory minimum prison sentences. For example, online enticement under federal law often carries a minimum sentence of ten years in prison. Convictions can also result in lengthy periods of supervised release and mandatory sex offender registration. These penalties can affect nearly every aspect of a person’s life, including employment, housing, and travel.

### What Is Entrapment In A Sting Operation?

Entrapment is a legal defense focused on law enforcement conduct. It argues that officers encouraged or persuaded someone to commit a crime they were not otherwise inclined to commit. Courts consider whether the accused was predisposed to the offense before interacting with investigators. Evidence of repeated pressure, persistent encouragement, or manipulation may be relevant to an entrapment claim.

### Can Internet Messages Alone Lead To A Conviction?

In many cases, prosecutors rely heavily on online messages as evidence. However, messages alone do not automatically guarantee a conviction. The prosecution must prove beyond a reasonable doubt that the defendant intended to commit a crime. Defense attorneys often examine the full context of conversations, the timing of messages, and whether statements may have been misunderstood. In some cases, messages may be ambiguous or taken out of context.

### What Happens To Phones And Computers After An Arrest?

Law enforcement officers frequently seize electronic devices during internet sting investigations. Investigators then conduct digital forensic examinations to search for relevant evidence. These examinations can uncover chat logs, images, and other stored data. The defense may review the methods used to collect and analyze this data. If investigators failed to follow proper procedures or exceeded the scope of a search warrant, the defense may challenge the admissibility of the evidence.

### Will A Conviction Require Sex Offender Registration?

Most convictions for internet sex crimes require registration as a sex offender under both federal and Texas law. Registration requirements can last many years and, in some cases, may be permanent. Individuals required to register must report their residence and other personal information to law enforcement agencies. These requirements can affect employment, housing options, and travel.

### How Long Do Federal Internet Sex Sting Cases Take?

Federal criminal cases often take several months or longer to resolve. The timeline depends on many factors, including the amount of digital evidence involved, forensic analysis, and pretrial legal challenges. Some cases resolve through negotiated plea agreements, while others proceed to trial. The federal court system moves carefully, and complex digital evidence often requires a detailed review by both sides.

## Speak With Mark Diaz & Associates About Your Defense

Facing accusations from an internet sex sting investigation can be overwhelming. Federal charges carry serious penalties, and the legal process moves quickly after an arrest. Strong legal representation is essential when confronting these allegations.

Mark Diaz & Associates provides criminal defense representation for individuals accused of serious offenses in [Galveston](https://www.galvestontx.gov/) and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case becomes just another file. From arrest through resolution, I remain personally involved and accessible.

If you or someone you care about is under investigation or facing charges, call our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). Our firm represents clients in Galveston and across the Houston area, and we are ready to protect your rights and your future.

**Categories:** Federal Criminal Defense Lawyer

---

### [Federal Weapons Charges After A Traffic Stop](https://texascriminaljustice.com/federal-weapons-charges-after-a-traffic-stop/)

**Published:** March 18, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Weapons Charges](https://texascriminaljustice.com/wp-content/uploads/2022/01/Weapons-Charges.jpg "Weapons Charges")A routine traffic stop in [Galveston County](https://www.galvestoncountytx.gov/) can escalate into a serious criminal investigation if law enforcement discovers a firearm or weapon in a vehicle. What begins as a minor traffic violation may lead to federal weapons charges, especially if there are prior felony convictions, interstate travel, or allegations that a firearm was linked to another offense. Federal cases often move quickly and carry severe penalties.

Many drivers in Galveston and Houston mistakenly believe that having a firearm in a vehicle is always illegal. In reality, Texas law permits lawful gun ownership and vehicle possession in many cases. Legality depends on factors such as criminal history, firearm location, and whether another crime occurred. The intersection of federal and state laws can further complicate matters.

Understanding how traffic stops can lead to weapons charges is essential for anyone under investigation. Federal agents often review these incidents to decide if federal prosecution is warranted. If so, the risks increase significantly, including potential prison time and a permanent record. Early legal representation is crucial.

## How Traffic Stops Lead To Weapons Investigations

Most federal weapons cases that begin with a traffic stop follow a similar pattern. A law enforcement officer initiates a stop based on a traffic violation or suspicious driving behavior. During the stop, the officer may observe something that leads to further questioning or a search of the vehicle.

Several factors can escalate a routine stop into a weapons investigation:

- The officer sees a firearm inside the vehicle.
- The driver admits a weapon is present.
- A search of the vehicle reveals a firearm.
- A background check shows the driver has a felony conviction.
- Officers believe the firearm is connected to another offense.

When officers discover a firearm and believe the possession may violate state or federal law, the case may be referred to federal authorities such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

In many cases, the traffic stop forms the basis of the prosecution’s case. The legality of the stop and search is often central to the defense.

### Texas Law Regarding Firearms In Vehicles

Texas law permits many individuals to carry a firearm in a motor vehicle under certain circumstances. [Texas Penal Code §46.02](https://statutes.capitol.texas.gov/docs/pe/pdf/pe.46.pdf) addresses unlawful carrying of weapons.

Under this statute, a person generally commits an offense if they intentionally, knowingly, or recklessly carry a handgun and are not on their own premises or inside a vehicle that they control. However, Texas law allows many individuals to keep a handgun inside a motor vehicle they own or control, provided certain conditions are met.

For example, the person must not be engaged in criminal activity other than a minor traffic violation. The individual must not be prohibited from possessing firearms under state or federal law. Additionally, the firearm cannot be carried in a manner that is otherwise unlawful.

Due to various exceptions and qualifications in the law, a traffic stop involving a firearm does not automatically indicate a crime. Each case requires careful review.

### Unlawful Possession Of A Firearm In Texas

One of the most common charges related to weapons discovered during a traffic stop involves unlawful possession of a firearm by a felon. [Texas Penal Code §46.04](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=46.04) addresses this offense.

Under this law, a person who has been convicted of a felony commits an offense if they possess a firearm before the fifth anniversary of release from confinement or supervision. After five years, possession is still limited to the individual’s residence.

If a firearm is discovered in a vehicle and the driver has a prior felony conviction, prosecutors may pursue charges under this statute. However, questions often arise about possession and control of the weapon. The State must prove that the person knowingly possessed the firearm.

In situations where multiple people are inside the vehicle, proving possession can become more complicated.

### The Role Of Searches During Traffic Stops

A critical issue in many weapons cases involves the legality of the vehicle search. The Fourth Amendment protects individuals from unreasonable searches and seizures.

During a traffic stop, officers may search a vehicle under several circumstances, including:

- Consent from the driver.
- Probable cause that evidence of a crime is present.
- A lawful arrest of the driver.
- Safety concerns related to weapons.

If officers search a vehicle without proper legal justification, the evidence obtained may be subject to suppression. When that happens, the prosecution’s case can be weakened or even dismissed.

For this reason, the defense often closely examines the timeline of events during the traffic stop.

### Constructive Possession And Vehicle Passengers

When a firearm is discovered inside a vehicle, prosecutors often attempt to prove constructive possession. This legal concept means a person may be considered in possession of an item even if it was not physically in their hands.

Courts look at several factors when determining constructive possession, including:

- Who owned the vehicle.
- Where the firearm was located.
- Statements made during the stop.
- Whether the person had access to the weapon.

When multiple people are present in a vehicle, establishing possession can be more challenging for prosecutors. The defense may argue that the firearm belonged to someone else or that the accused person had no knowledge of its presence.

### Federal Sentencing Consequences

Federal weapons charges can lead to serious penalties. Sentencing often depends on factors such as criminal history, the type of firearm involved, and whether other alleged crimes were connected to the case.

Some federal weapons offenses carry mandatory minimum sentences. This means a judge may be required to impose a certain amount of prison time if a conviction occurs.

Federal sentencing guidelines also influence the outcome. These guidelines consider factors such as prior convictions and the circumstances surrounding the offense.

Because of these complexities, federal weapons cases often require careful legal analysis and preparation.

### Defense Strategies In Traffic Stop Weapons Cases

Every case is different, but several defense strategies frequently arise in weapons prosecutions stemming from traffic stops.

One approach involves challenging the legality of the stop itself. If the officer lacked reasonable suspicion to initiate the stop, evidence obtained afterward may be excluded.

Another strategy focuses on the search of the vehicle. If the search violated constitutional protections, the firearm may not be admissible in court.

The defense may also challenge the claim that the accused person possessed the weapon. When multiple occupants are present in a vehicle, proving possession beyond a reasonable doubt can be difficult.

In some situations, negotiation may lead to reduced charges or alternative resolutions depending on the evidence and the individual’s background.

### Why Early Legal Representation Matters

Federal weapons investigations can develop quickly after a traffic stop. Once federal agents become involved, the case may move through the federal court system, where procedures and penalties differ from those in state court.

Early representation allows defense counsel to review police reports, examine body camera footage, and identify legal issues before the case progresses too far.

Preserving evidence and identifying potential defenses early can make a significant difference in the outcome of a case.

## FAQs About Federal Weapons Charges After A Traffic Stop

### Can I Legally Have A Gun In My Car In Texas?

Texas law allows many individuals to keep a firearm in their vehicle. However, the legality depends on several factors. The person must not be prohibited from possessing firearms under state or federal law. The individual must not be engaged in criminal activity other than a minor traffic offense. The firearm must also be carried in a manner that complies with state law. If these conditions are satisfied, having a firearm in a vehicle may be lawful.

### Can A Traffic Stop Turn Into A Federal Case?

Yes, it can. While many traffic stop investigations begin with local law enforcement, federal authorities may become involved when certain factors are present. These factors may include prior felony convictions, suspected drug trafficking activity, or allegations involving interstate firearm possession. When federal prosecutors adopt a case, the charges may be filed in federal court rather than state court. Federal cases often carry more severe penalties.

### What Happens If Police Find A Gun During A Traffic Stop?

If officers discover a firearm during a traffic stop, they will evaluate whether possession violates any laws. They may check the driver’s criminal history, examine the circumstances surrounding the stop, and determine whether the weapon was connected to another alleged offense. Depending on the situation, the person may be released, cited, or arrested. The firearm may also be seized as evidence.

### Can Police Search My Car For A Gun Without Permission?

Police officers generally need legal justification to search a vehicle. A search may occur if the driver gives consent, if officers have probable cause that evidence of a crime is present, or if the search is connected to a lawful arrest. If a search occurs without proper legal grounds, the defense may challenge the admissibility of the evidence obtained.

### What If The Gun Belonged To Someone Else In The Car?

Ownership of a firearm does not always determine criminal liability. Prosecutors must prove possession, which means demonstrating that the accused person knowingly exercised control over the weapon. When multiple people are present in a vehicle, proving possession can become more difficult. The defense may present evidence that the firearm belonged to another occupant and that the accused person had no knowledge of it.

### Do Federal Gun Charges Always Lead To Prison?

Not every federal weapons case results in prison, but many carry serious sentencing exposure. The outcome depends on several factors, including the defendant’s criminal history, the type of firearm involved, and whether other alleged crimes were connected to the case. Federal sentencing guidelines and mandatory minimum penalties may also affect the possible outcome.

### Can A Federal Weapons Charge Be Reduced Or Dismissed?

Each case depends on the evidence and the legal issues involved. If constitutional violations occurred during the traffic stop or vehicle search, the defense may seek to suppress the evidence. In some cases, weaknesses in the prosecution’s case may lead to reduced charges or dismissal. Negotiations with prosecutors may also influence the final outcome.

### Should I Speak To Federal Agents If They Contact Me?

Individuals often feel pressure to answer questions when contacted by investigators. However, statements made during these conversations may later be used as evidence. Before speaking with federal agents, it is usually wise to obtain legal advice. An attorney can help protect your rights and determine the best course of action.

## Speak With Mark Diaz & Associates About A Federal Weapons Charge

Federal weapons charges after a traffic stop can place your freedom and future at risk. These cases often involve complicated legal issues, including firearm laws, constitutional protections, and federal sentencing rules. If you are facing an investigation or have already been charged, early legal representation is critical.

Mark Diaz & Associates represents clients accused of serious criminal offenses in Galveston and throughout the city of Houston, Texas. Our firm works closely with clients to review the facts, challenge unlawful searches, and protect their rights at every stage of the case.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/) and discuss your legal options if you are facing weapons charges in Galveston or anywhere in the Houston area.

**Categories:** Gun Crime Defense Attorney

---

### [How To Defend Against Federal Cryptocurrency Fraud Charges In Texas](https://texascriminaljustice.com/how-to-defend-against-federal-cryptocurrency-fraud-charges-in-texas/)

**Published:** March 19, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![HackerWithLaptopAndBitcoinSignCryptocurrencyAndHackingConcept](https://texascriminaljustice.com/wp-content/uploads/2026/03/How-To-Defend-Federal-Cryptocurrency-Fraud.jpg "HackerWithLaptopAndBitcoinSignCryptocurrencyAndHackingConcept")Facing federal cryptocurrency fraud charges can be daunting, particularly when allegations involve complex financial transactions, digital wallets, and blockchain records. Many individuals are surprised by investigations or indictments, often unaware their actions could be considered criminal. These cases typically involve assertive federal prosecutors and lengthy investigations. As cryptocurrency law evolves, both risks and opportunities arise in mounting a defense. If you are facing allegations in Texas, understanding how these cases are constructed and challenged is essential to safeguarding your future.

## What Federal Cryptocurrency Fraud Charges Typically Involve

Federal cryptocurrency fraud cases usually fall under general fraud and financial crime statutes, not laws specific to digital currency. Prosecutors focus on conduct rather than technology.

These cases may allege misleading investors, operating fraudulent crypto investment platforms, concealing proceeds with digital assets, or participating in coordinated schemes.

Even though these are federal charges, Texas law can still play a role. For example, conduct may also overlap with [Texas Penal Code §32.32](https://codes.findlaw.com/tx/penal-code/penal-sect-32-32/) (Fraudulent Transfer of a Motor Vehicle) or [§32.46](https://codes.findlaw.com/tx/penal-code/penal-sect-32-46/) (Securing Execution of Document by Deception), depending on the facts. [Texas Penal Code §31.03](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=31.03) (Theft) may also apply if prosecutors allege unlawful appropriation of property tied to digital assets.

### How Federal Investigations Begin In Cryptocurrency Cases

Most federal cryptocurrency cases start with an investigation, not an arrest. Agencies such as the FBI, IRS Criminal Investigation Division, and Homeland Security Investigations often collaborate.

Common triggers include:

- Reports from financial institutions
- Complaints from investors
- Suspicious transaction activity flagged by exchanges
- Cooperation from other individuals involved in the alleged scheme
- Blockchain tracing by federal analysts

Investigators use subpoenas, search warrants, and surveillance to collect evidence. In Texas, search warrants must comply with Texas Code of Criminal Procedure Article 18.01, requiring probable cause supported by an affidavit.

Contacting a defense lawyer early can help prevent mistakes that could harm your case.

### Key Evidence Used In Cryptocurrency Fraud Cases

Federal prosecutors rely on digital and financial evidence. Cryptocurrency transactions are less anonymous than many believe, as blockchain records create a permanent, analyzable ledger.

Evidence may include:

- Blockchain transaction histories
- Exchange account records
- Emails, text messages, and chat logs
- Bank account records
- Testimony from cooperating witnesses
- Seized digital devices

The government often seeks to link digital wallet activity to a specific individual, which is a critical and frequently contested issue.

### Legal Elements Prosecutors Must Prove

To secure a conviction, the government must prove each element of the charged offense beyond a reasonable doubt. For example, under [18 U.S.C. §1343](https://www.law.cornell.edu/uscode/text/18/1343), wire fraud requires proof that:

- A scheme to defraud existed.
- The defendant knowingly participated.
- Interstate wire communications were used.

Intent is often the most disputed element. The government must prove the accused acted with the purpose of deceiving or defrauding another party.

In Texas-related charges, such as under Texas Penal Code §31.03, prosecutors must prove unlawful appropriation with intent to deprive the owner of property. These elements matter because they define what the prosecution must establish at trial.

## Common Defense Strategies In Federal Cryptocurrency Fraud Cases

Each case requires a tailored approach, but several common defense strategies often arise in these prosecutions.

### Lack Of Intent To Defraud

Intent is central to most fraud charges. Many cryptocurrency cases involve complex transactions, market volatility, and evolving business models. Alleged fraud may sometimes reflect poor business judgment, miscommunication, or failed investments rather than criminal conduct.

We examine:

- Communications with investors or partners
- Disclosures made about risks.
- Business structure and operations
- Market conditions at the time

If intent cannot be established, the prosecution’s case may be significantly weakened.

### Challenging The Government’s Interpretation Of Blockchain Data

Blockchain analysis can be complex. Although transactions are recorded, identifying the individual behind a wallet is often challenging.

We evaluate:

- Whether the wallet is correctly attributed to the accused
- The accuracy of blockchain tracing methods
- Alternative explanations for transactions
- Gaps in the investigative process

Errors or assumptions in digital tracing may create reasonable doubt.

### Illegal Search And Seizure Issues

Both federal and Texas law protect against unlawful searches. Evidence obtained in violation of the Fourth Amendment may be suppressed.

Under Article 18.01 of the Texas Code of Criminal Procedure, search warrants must be supported by probable cause. If law enforcement exceeded the scope of a warrant or obtained it improperly, key evidence may be excluded.

### Issues With Financial Records And Transactions

Financial records are often complex and subject to interpretation. Prosecutors may present transactions as evidence of wrongdoing, but context is critical.

We analyze:

- Whether transactions were legitimate business activity
- Timing and sequence of financial movements
- Involvement of third parties
- Whether funds were actually misappropriated

A clear explanation of financial activity can help refute allegations of fraud.

### Attacking Witness Credibility

Many federal cases rely on cooperating witnesses. These individuals may have incentives to testify in a way that benefits the prosecution.

We examine:

- Agreements between the witness and the government
- Prior inconsistent statements
- Criminal history
- Motives to shift blame

Credibility issues can impact how a jury views the case.

## Federal Sentencing Exposure In Cryptocurrency Fraud Cases

If convicted, sentencing in federal court is guided by the United States Sentencing Guidelines. Several factors influence the outcome:

- Loss amount attributed to the offense
- Number of victims
- Role in the alleged scheme
- Use of sophisticated means
- Obstruction of justice

Charges like wire fraud and money laundering carry significant penalties, including potential prison time and substantial fines. In addition, restitution to victims is often ordered.

Because sentencing can vary widely, early defense strategy often focuses on limiting exposure and challenging loss calculations.

### The Role Of Texas Law In Federal Cryptocurrency Cases

Even though the prosecution is federal, Texas law may still be relevant. State statutes can affect parallel investigations or additional charges.

Relevant Texas statutes may include:

- Texas Penal Code §31.03 (Theft)
- Texas Penal Code §32.32 (Fraudulent Transfer)
- Texas Penal Code §32.46 (Securing Execution Of Document By Deception)

These laws define conduct that may overlap with federal allegations. Understanding both systems helps shape a stronger defense.

### What To Do If You Are Under Investigation

If you suspect you are under investigation, your actions matter. Missteps can make the situation worse.

Key steps include:

- Do not speak with federal agents without counsel.
- Do not attempt to delete or alter digital records.
- Preserve all communications and financial documents.
- Avoid discussing the case with others.
- Contact a criminal defense lawyer immediately.

Early legal guidance can protect your rights and prevent statements or actions that could be used against you.

### How These Cases Are Resolved

Federal cryptocurrency fraud cases may resolve in several ways:

- Dismissal of charges
- Pretrial motions that limit evidence
- Negotiated plea agreements
- Trial

Each path depends on the strength of the evidence, legal issues in the case, and the client’s goals. A thorough defense requires preparation for all possible outcomes.

## FAQs About Federal Cryptocurrency Fraud Charges In Texas

### What Is Considered Cryptocurrency Fraud Under Federal Law?

Cryptocurrency fraud generally involves using digital assets to mislead or deceive others for financial gain. This may include false investment opportunities, misrepresentation of a project, or misuse of funds. Federal prosecutors often rely on statutes like wire fraud under 18 U.S.C. §1343 rather than crypto-specific laws. The focus is on the conduct and whether there was intent to deceive. Even legitimate businesses can face scrutiny if the government believes investors were misled.

### Can I Be Charged Even If Cryptocurrency Is Not Regulated Like Traditional Money?

Yes. Federal law does not require cryptocurrency to be treated exactly like traditional currency for fraud charges to apply. Courts have recognized that schemes involving digital assets can still fall under existing fraud statutes. If interstate communications were used and there was an alleged scheme to obtain money or property through deception, charges may be filed regardless of how the asset is classified.

### How Do Federal Agents Track Cryptocurrency Transactions?

Investigators use blockchain analysis tools to trace transactions across wallets and exchanges. While blockchain records are public, linking a wallet to a person often requires additional evidence, such as exchange records, IP data, or seized devices. This process is not always perfect, and mistakes can occur. That is why a careful review of the government’s tracing methods is important in building a defense.

### What Should I Do If Federal Agents Contact Me About A Crypto Investigation?

You should not answer questions without legal counsel. Even seemingly harmless statements can be used against you. Federal agents are trained to gather information that supports their case. Politely decline to answer questions and contact a defense lawyer immediately. This protects your rights and ensures that any communication is handled properly.

### Are Cryptocurrency Fraud Cases Always Federal?

Not always, but many are. Federal agencies often handle these cases because they involve interstate transactions, large sums of money, or international activity. However, Texas authorities may also bring state charges depending on the facts. In some situations, both state and federal investigations may occur simultaneously.

### Can A Cryptocurrency Fraud Case Be Based On A Failed Investment?

A failed investment alone is not a crime. The key issue is whether there was intent to deceive or mislead. Many crypto projects carry significant risk, and losses are common. Prosecutors must prove that the accused knowingly engaged in fraudulent conduct. Distinguishing between a legitimate failure and criminal behavior is often a central issue in these cases.

### What Penalties Could I Face If Convicted?

Penalties depend on the specific charges and facts of the case. Wire fraud and money laundering convictions can result in significant prison time, fines, and restitution orders. The amount of alleged loss plays a major role in sentencing. Additional penalties may include forfeiture of assets connected to the alleged offense.

### Can The Government Seize My Cryptocurrency?

Yes. Federal authorities may seek to forfeit assets in connection with fraud allegations. This can include cryptocurrency held in wallets or accounts believed to be tied to the alleged offense. Challenging forfeiture requires a separate legal process and often involves tracing the origin of funds.

### How Long Do Federal Cryptocurrency Investigations Take?

These investigations can take months or even years. Federal agencies often build cases slowly, gathering financial records, digital evidence, and witness statements. By the time charges are filed, prosecutors may already have substantial evidence. Early legal involvement can help address issues before charges are filed.

### Is It Possible To Fight Federal Cryptocurrency Charges Successfully?

Yes. While federal cases are serious, they are not unbeatable. Defenses may involve challenging intent, questioning evidence, or identifying legal violations in the investigation. Each case is different, and outcomes depend on the specific facts and strategy used.

## Speak With Mark Diaz & Associates About Federal Cryptocurrency Fraud Defense

If you are under investigation or facing federal cryptocurrency fraud charges in Galveston County or anywhere in Houston, you need a defense strategy that addresses both the financial and legal complexities of your case. [Mark Diaz & Associates represents individuals facing serious federal allegations](/federal-criminal-defense/) and protects their rights at every stage of the process.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of many. From arrest through resolution, I remain personally involved and accessible.

If you are facing a federal crypto fraud investigation, call our [Galveston white collar crime defense lawyer ](/white-collar-crimes/)at Mark Diaz & Associates today at [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). The firm represents clients in [Galveston County](https://www.galvestoncountytx.gov/) and throughout Houston, Texas.

**Categories:** White Collar Crime

---

### [Dark Web Investigations By Federal Agents In Texas](https://texascriminaljustice.com/dark-web-investigations-by-federal-agents-in-texas/)

**Published:** March 21, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![ComputerHackerInHoodieObscuredDarkFaceConceptOfHacker](https://texascriminaljustice.com/wp-content/uploads/2026/03/Dark-Web-Investigations-By-Federal-Agents-In-Texas.jpg "ComputerHackerInHoodieObscuredDarkFaceConceptOfHacker")Federal investigations tied to the [dark web](https://en.wikipedia.org/wiki/Dark_web) have become more common across Texas, including in Galveston County and the greater Houston area. Many people are surprised by how quickly an online interaction can lead to serious federal charges. These cases often involve months of undercover work, digital tracking, and coordination between federal agencies and local law enforcement. By the time an arrest is made, investigators may already have a detailed record of online activity. We work with individuals who are facing overwhelming allegations tied to online conduct, and we understand how high the stakes are when federal authorities are involved. If you are under investigation or have been charged, knowing how these cases are built and defended is critical.

## What Is The Dark Web And Why Federal Agents Focus On It

The dark web refers to parts of the internet that are not accessible through standard search engines and require special software to access. While there are lawful uses, federal agencies often focus on illegal activity conducted through encrypted platforms.

Common allegations tied to dark web investigations include:

- Drug distribution and trafficking
- Firearms sales across state lines
- Identity theft and fraud schemes
- Child exploitation offenses
- Money laundering using cryptocurrency

Federal agencies such as the FBI, DEA, and Homeland Security Investigations routinely conduct long-term operations targeting these activities. These investigations often cross state lines, which is why they are frequently handled in federal court.

### How Federal Dark Web Investigations Begin

Many cases begin long before a suspect is aware of any investigation. Federal agents often use undercover accounts, confidential informants, and digital surveillance techniques.

Common starting points include:

- Monitoring dark web marketplaces
- Tracking cryptocurrency transactions
- Working with cooperating witnesses
- Receiving tips from international agencies
- Seizing servers and analyzing user data

In some cases, federal agents take control of an online platform and continue operating it to identify users. This type of operation can generate large numbers of arrests across multiple states, including Texas.

### Federal Charges Commonly Filed In Texas Dark Web Cases

Although these cases are prosecuted in federal court, Texas criminal law may still be relevant depending on the conduct and location. Many investigations result in federal charges, such as:

- [Conspiracy under 18 U.S.C. §371](https://www.justice.gov/archives/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us)
- [Drug trafficking under 21 U.S.C. §841](https://uscode.house.gov/view.xhtml?req=(title:21%20section:841%20edition:prelim))
- [Wire fraud under 18 U.S.C. §1343](https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud)
- [Access device fraud under 18 U.S.C. §1029](https://www.justice.gov/archives/jm/criminal-resource-manual-1029-fraudulent-presentment-and-related-unauthorized-credit-card)
- [Child exploitation offenses under 18 U.S.C. §2252](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2252A&num=0&edition=prelim)

In Texas-based cases, state statutes may also apply. For example, Texas Penal Code §33.02 addresses computer security breaches, while §33.07 covers online impersonation. These charges may be filed alongside or separate from federal allegations.

## Key Texas Criminal Statutes Related To Online Conduct

Even in federal investigations, Texas law applies when the conduct occurs within the state. Some commonly cited statutes include:

### Texas Penal Code §33.02 – Breach of Computer Security

This statute makes it unlawful to knowingly access a computer, network, or system without the owner’s consent. In dark web investigations, this can apply to unauthorized access, hacking, or data theft.

### Texas Penal Code §33.07 – Online Impersonation

This law addresses using another person’s name or identity online to harm, defraud, or intimidate. It is often charged in cases involving fake accounts or fraudulent communications.

### Texas Penal Code §15.02 – Criminal Conspiracy

This statute applies when two or more people agree to commit a criminal offense and take an overt act toward completing it. Many dark web cases involve allegations of conspiracy, especially when transactions occur between multiple parties.

### Texas Health And Safety Code §481.112 – Drug Distribution

When dark web activity involves controlled substances, Texas law may apply in addition to federal drug statutes. Penalties can increase depending on the type and quantity of the substance involved.

## How Federal Agents Gather Digital Evidence

Digital evidence is central to most dark web investigations. Federal agents use a wide range of tools to collect and analyze data.

Common methods include:

- IP address tracking and correlation
- Blockchain analysis of cryptocurrency transactions
- Undercover purchases and recorded communications
- Forensic analysis of seized devices
- Subpoenas to internet service providers

Search warrants are often used to seize computers, phones, and storage devices. Once seized, forensic examiners can recover large amounts of data, including deleted files, browsing history, and communications.

## Legal Issues In Dark Web Investigations

These cases raise complex legal questions, particularly related to constitutional protections.

### Fourth Amendment Search And Seizure Issues

The Fourth Amendment protects against unreasonable searches and seizures. In digital investigations, this includes:

- Whether a warrant was properly issued
- Whether the scope of the search exceeded legal limits
- Whether the warrant was supported by probable cause

If evidence is obtained in violation of the Fourth Amendment, it may be subject to suppression.

### Entrapment Concerns

Entrapment can arise when law enforcement induces a person to commit a crime they would not have otherwise committed. In dark web cases, this may involve undercover agents posing as buyers or sellers.

To establish entrapment, the defense must show:

- Government inducement
- Lack of predisposition by the defendant

This defense depends heavily on the facts and communications involved.

### Jurisdiction And Venue

Because dark web activity often crosses state and international boundaries, jurisdiction becomes an issue. Federal courts may assert jurisdiction based on:

- Interstate commerce
- Location of servers
- Location of transactions
- Impact on U.S. interests

In Texas cases, venue may be proper if part of the conduct occurred within the state.

## Defending Against Dark Web Criminal Charges

Every case requires a tailored defense strategy based on the evidence and the specific charges. We focus on identifying weaknesses in the government’s case and protecting your rights at every stage.

### Challenging Digital Evidence

Digital evidence must be properly collected, preserved, and analyzed. Issues may include:

- Breaks in the chain of custody
- Improper forensic methods
- Misidentification of users
- Shared devices or networks

We examine whether the evidence truly links the accused to the alleged activity.

### Questioning Identity And Attribution

One of the most important issues in dark web cases is whether the government can prove who was actually behind the online activity. Factors to consider include:

- Use of anonymizing software
- Shared IP addresses
- Multiple users on a single device
- Lack of direct identification

The government must prove identity beyond a reasonable doubt, and this is often a central point of defense.

### Challenging Search Warrants

If a search warrant is invalid, the evidence obtained may be excluded. We review:

- The affidavit supporting the warrant
- The scope of the search
- Whether agents exceeded authorized limits

Errors in the warrant process can significantly impact the case.

### Addressing Statements And Interviews

Statements made to federal agents can be used as evidence. Even informal conversations may become part of the case. We evaluate whether:

- Statements were voluntary
- Miranda rights were properly given.
- Agents used improper tactics.

Protecting your rights during questioning is critical.

## Potential Penalties And Consequences

Federal dark web cases often carry severe penalties, including:

- Lengthy prison sentences
- Significant fines
- Asset forfeiture
- Supervised release

Certain charges, such as those involving drugs or child exploitation, may carry mandatory minimum sentences under federal law.

In addition to criminal penalties, individuals may face:

- Loss of employment
- Damage to professional licenses
- Long-term reputation harm
- Restrictions on internet use

These consequences make early and effective defense essential.

## Why Early Legal Representation Matters

Federal investigations often begin long before an arrest. If you suspect you are under investigation, taking action early can make a difference.

Early representation allows us to:

- Communicate with investigators on your behalf.
- Protect you from making harmful statements.
- Review evidence and identify issues.
- Begin building a defense strategy.

Once charges are filed, the case moves quickly. Being prepared from the start can impact the outcome.

## Frequently Asked Questions About Dark Web Investigations In Texas

### What Is Considered Illegal Activity On The Dark Web?

Illegal activity on the dark web includes a wide range of conduct, such as drug trafficking, fraud, identity theft, and unlawful access to computer systems. The platform itself is not illegal, but using it to commit crimes can lead to serious charges. Federal authorities focus on transactions, communications, and patterns that indicate criminal conduct. Even participating in discussions or transactions can become part of an investigation if it is tied to unlawful activity.

### How Do Federal Agents Track Anonymous Users?

Federal agents use a combination of technical tools and investigative techniques. These may include analyzing IP addresses, tracking cryptocurrency transactions, and using undercover operations. Even when anonymizing software is used, mistakes or patterns can reveal identifying information. Agents also rely on seized data from servers and devices to connect activity to specific individuals. The process is often detailed and involves multiple layers of analysis.

### Can I Be Charged If I Never Physically Met Anyone?

Yes. Many dark web cases involve individuals who never meet in person. Transactions and communications conducted online can still form the basis of criminal charges. Federal law allows prosecution based on electronic evidence, including messages, payment records, and digital files. Physical contact is not required to support many of these charges.

### What Happens If Federal Agents Contact Me?

If federal agents contact you, it is important to be cautious. You have the right to remain silent and the right to legal representation. Statements made during conversations with agents can be used against you. It is generally advisable to speak with a defense lawyer before answering questions or agreeing to interviews. Early legal guidance can help protect your rights.

### Can My Computer Or Phone Be Searched Without My Consent?

In most cases, law enforcement must obtain a search warrant supported by probable cause. However, there are exceptions, such as consent or certain emergency situations. In dark web investigations, agents often rely on warrants to seize and search devices. If a search is conducted without proper legal authority, the evidence may be challenged in court.

### What Is Entrapment In A Dark Web Case?

Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. In dark web cases, this may involve undercover agents encouraging illegal activity. To establish entrapment, the defense must show both inducement and lack of predisposition. This is a complex defense that depends on the specific facts and communications involved.

### How Serious Are Federal Charges Compared To State Charges?

Federal charges are often more serious due to stricter sentencing guidelines and the resources available to federal prosecutors. Conviction rates in federal court are high, and penalties can include lengthy prison sentences. Federal cases also involve more complex procedures and rules. This makes experienced legal representation critical.

### Can Digital Evidence Be Wrong Or Misleading?

Yes. Digital evidence can be misunderstood or misinterpreted. Issues such as shared devices, compromised accounts, and technical errors can affect the accuracy of the evidence. Forensic analysis must be conducted carefully, and mistakes can occur. Challenging the reliability of digital evidence is often a key part of the defense.

### Will My Case Be Handled In Federal Or State Court?

This depends on the nature of the alleged conduct. If the activity involves interstate or international elements, it is more likely to be prosecuted in federal court. Some cases may involve both federal and state charges. The decision is made based on jurisdiction, the scope of the conduct, and the agencies involved.

### What Should I Do If I Think I Am Under Investigation?

If you believe you are under investigation, avoid discussing the situation with others or posting about it online. Preserve any relevant information and seek legal advice as soon as possible. Early action can help protect your rights and prepare a defense strategy before charges are filed.

## Speak With Mark Diaz & Associates About Your Case

If you are under investigation or facing charges related to dark web activity in[ Galveston County](https://www.galvestoncountytx.gov/) or the Houston area, you need a defense strategy that addresses both the technical and legal aspects of your case. Mark Diaz & Associates represents individuals facing serious federal and state criminal allegations throughout Galveston and across Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are facing a dark web federal investigation, call our [Galveston federal criminal defense lawyer](/federal-criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/).

**Categories:** Federal Criminal Defense Lawyer

---

### [Defending Against Identity Theft Federal Charges In Galveston](https://texascriminaljustice.com/defending-against-identity-theft-federal-charges-in-galveston/)

**Published:** March 22, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![HandHoldingWirelessPeripheralWithIdentityTheftInscriptionCyberSecurity](https://texascriminaljustice.com/wp-content/uploads/2026/03/Defending-Identity-Theft-Federal-Charges-In-Galveston.jpg "HandHoldingWirelessPeripheralWithIdentityTheftInscriptionCyberSecurity")Facing a [federal identity theft charge](https://www.usa.gov/identity-theft) can be overwhelming. Investigations often begin discreetly and may lead to formal charges before you are aware of them. By the time agents make contact or issue a subpoena, the government may have already collected substantial evidence. Federal prosecutors pursue these cases aggressively, particularly when financial institutions, government programs, or multiple victims are involved. If you are charged in Galveston or the Houston area, it is essential to understand both federal and Texas law to protect your future.

## What Identity Theft Means Under Federal And Texas Law

Identity theft charges are typically prosecuted under federal law when the conduct involves interstate activity, financial institutions, or federal agencies. The primary federal statute is 18 U.S.C. §1028, which covers fraud and related activity involving identification documents, authentication features, and personal identifying information.

Another commonly charged statute is 18 U.S.C. §1028A, known as aggravated identity theft. This law imposes a mandatory two-year prison sentence that must run consecutively to any other sentence if the government proves that identity theft occurred during certain qualifying felonies, such as wire fraud or bank fraud.

At the state level, Texas Penal Code §32.51 addresses fraudulent use or possession of identifying information. Texas law defines identifying information broadly and includes:

- Name and date of birth
- Social Security number
- Bank account or credit card numbers
- Biometric identifiers
- Government-issued identification numbers

Although your case may proceed in federal court, Texas statutes often influence law enforcement investigations and the filing or enhancement of related state charges.

### How Federal Identity Theft Cases Begin

Federal identity theft cases often begin with lengthy investigations by agencies such as the FBI, IRS Criminal Investigation Division, or U.S. Secret Service. In Galveston and the Houston area, these agencies frequently collaborate with local law enforcement.

Common triggers for an investigation include:

- Reports of fraudulent credit card activity
- Suspicious tax filings or refund claims
- Data breaches involving personal information
- Bank alerts regarding unusual transactions
- Complaints from victims who discover accounts opened in their name

Federal agents rely on digital evidence such as IP address tracking, email records, financial transaction logs, and device forensics. By the time charges are filed, the government often has a detailed timeline of the alleged activity.

### Key Elements The Government Must Prove

To secure a conviction under 18 U.S.C. §1028, the government must prove that a person knowingly used or possessed another individual’s identifying information without lawful authority and with the intent to commit an unlawful act.

For aggravated identity theft under 18 U.S.C. §1028A, the prosecution must show:

- The defendant knowingly transferred, possessed, or used identifying information of another person.
- The conduct occurred during and in relation to a specified felony offense.

While these elements may appear straightforward, each can be challenged based on the specific facts of the case.

### Penalties For Federal Identity Theft Charges

Federal identity theft convictions carry significant penalties. Sentencing depends on the nature of the charges, the alleged loss, the number of victims, and whether aggravated identity theft is involved.

Potential consequences include:

- Federal prison sentences
- Mandatory two-year consecutive sentence for aggravated identity theft under 18 U.S.C. §1028A
- Substantial fines
- Restitution to victims
- Forfeiture of assets connected to the offense
- Supervised release after incarceration

Federal sentencing follows the United States Sentencing Guidelines. Enhancements may increase penalties, particularly in cases with multiple victims or sophisticated methods.

## How Texas Law Can Affect A Federal Identity Theft Case

Even in federal court, Texas law can influence case development. For example, Texas Penal Code §32.51 increases the severity of charges based on the number of identifying items involved.

Texas law enforcement may assist in gathering evidence for federal cases, including search warrants, interviews, and digital forensic analysis.

In some cases, individuals may face both state and federal charges, though dual prosecutions are carefully evaluated under legal standards.

## Common Defense Strategies In Identity Theft Cases

Each case requires a tailored defense, but several strategies often apply in federal identity theft cases.

### Lack Of Knowledge Or Intent

Intent is a central element in identity theft cases. The government must prove that the accused knowingly used someone else’s identifying information without authorization.

In some cases, the evidence may show:

- The defendant did not know the information belonged to another person.
- The information was obtained through legitimate means.
- The defendant believed they had permission to use the information.

If intent cannot be proven, the government’s case may be significantly weakened.

### Misidentification And Digital Evidence Issues

Federal identity theft cases often depend on digital evidence, which is not always definitive.

Issues can include:

- Shared devices or accounts
- IP address ambiguity
- Unauthorized access by third parties
- Incomplete or misleading forensic analysis

We examine whether the government can reliably connect the alleged activity to the accused.

### Challenging Search Warrants And Seizures

The Fourth Amendment protects against unlawful searches and seizures. If law enforcement obtained evidence without a valid warrant or exceeded the scope of a warrant, that evidence may be excluded.

We review:

- The warrant application
- Probable cause statements
- Execution of the search
- Handling of seized devices

Errors in this process can significantly impact the case.

### Disputing Financial Loss And Enhancements

Federal sentencing often depends on the calculated financial loss. The government may attribute losses that are not directly tied to the accused.

We analyze:

- Whether losses were reasonably foreseeable
- Whether multiple transactions are properly attributed
- Whether enhancements for sophistication or the number of victims apply

Reducing the calculated loss can decrease potential sentencing exposure.

## What To Expect In Federal Court In Galveston

Federal cases move through a structured process. While each case is unique, most follow a general path:

- Investigation and possible target notification
- Filing of a criminal complaint or indictment
- Initial appearance before a federal magistrate judge
- Detention or bond hearing
- Arraignment
- Discovery and pretrial motions
- Negotiation or trial
- Sentencing if convicted

Federal courts in the Southern District of Texas, which includes Galveston, operate under strict procedures and timelines. Preparation at each stage is critical.

### The Importance Of Early Legal Representation

Early involvement of a defense attorney can significantly influence the direction of a federal identity theft case. In some situations, early action may allow you to:t the scope of the investigation.

- Address misunderstandings before they escalate.
- Begin developing mitigation evidence.

Delaying legal representation until after formal charges are filed can limit your available options.

### Long-Term Consequences Of A Federal Identity Theft Conviction

A conviction can affect many areas of life beyond the courtroom. Common concerns include:

- Permanent federal criminal record
- Difficulty obtaining employment
- Loss of professional licenses
- Housing challenges
- Financial consequences due to restitution and fines

Because these consequences can be long-lasting, it is important to approach your case with a clear and focused defense strategy from the outset.

## Frequently Asked Questions About Federal Identity Theft Charges

### What Should I Do If Federal Agents Contact Me About Identity Theft?

Do not answer questions or make statements without legal representation. Federal agents are trained to gather information for investigations, and even seemingly harmless statements can be used against you. Politely decline to answer and request to speak with a lawyer. This protects your rights and helps prevent misunderstandings that could affect your case.

### Can Identity Theft Charges Be Filed Without My Knowledge?

Yes, federal investigations often occur without your knowledge. Agents may collect records, execute search warrants, and interview witnesses before contacting you. Many individuals first learn of charges upon arrest or indictment. Early legal advice is important if you suspect you are under investigation.

### How Do Federal Prosecutors Prove Identity Theft?

Prosecutors use financial records, digital data, witness testimony, and expert analysis as evidence. They may present emails, IP logs, bank transactions, and device data to demonstrate the alleged conduct. Prosecutors must also prove intent, showing the defendant knowingly used another person’s identifying information without permission. Each piece of evidence should be carefully reviewed for accuracy and reliability.

### What Is The Difference Between State And Federal Identity Theft Charges?

State charges, such as those under Texas Penal Code §32.51, are prosecuted in Texas courts and usually involve conduct within the state. Federal charges involve interstate activity, financial institutions, or federal agencies, and often carry harsher penalties. Sometimes, both state and federal authorities investigate the same conduct.

### Can I Be Sentenced To Prison For Identity Theft?

Yes, federal identity theft convictions can result in prison sentences. The sentence length depends on factors such as the amount of loss, number of victims, and whether aggravated identity theft is charged. Even without aggravated identity theft, sentencing guidelines can result in significant prison time. Outcomes vary based on the facts and defense strategy.

### What If Someone Else Used My Information Or Account?

This is a common issue in identity theft cases. If someone else used your account or device without permission, this fact can be critical to your defense. Federal cases often rely on digital evidence, which may be misinterpreted. Demonstrating that another person had access to the relevant devices or accounts can create reasonable doubt.

### Can A Federal Identity Theft Charge Be Dismissed?

Dismissal is possible if there are legal or factual weaknesses in the government’s case, such as problems with evidence, search warrants, or proof of key elements. However, dismissal is not guaranteed. Each case must be evaluated individually to determine the best strategy.

### Do I Need A Lawyer If I Plan To Plead Guilty?

Yes. Even if you plan to plead guilty, legal representation is essential. An attorney can evaluate evidence, identify defenses, and negotiate with prosecutors. Sentencing outcomes in federal cases vary widely, so proper representation helps protect your rights and position you for the best possible outcome.

## Call Mark Diaz & Associates For A Free Consultation

If you are facing federal identity theft charges in [Galveston County](https://www.galvestoncountytx.gov/) or the Houston area, you need a defense strategy that addresses both legal and practical aspects of your case. Mark Diaz & Associates represents individuals accused of serious federal offenses and works closely with clients throughout the process.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are facing a federal investigation, call our [Galveston white collar defense lawyer ](/white-collar-crimes/)at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and throughout the city of Houston, Texas.

**Categories:** White Collar Crime

---

### [Charged With a Felony in Galveston County? What to Do Before Your First Court Date](https://texascriminaljustice.com/charged-with-a-felony-in-galveston-county-what-to-do-before-your-first-court-date/)

**Published:** March 20, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![AGavelAndANamePlateWithTheEngravingFelony](https://texascriminaljustice.com/wp-content/uploads/2026/03/Charged-With-a-Felony.jpg "AGavelAndANamePlateWithTheEngravingFelony")A felony charge in [Galveston County](https://www.galvestoncountytx.gov/) is a serious matter that can impact your future, family, and reputation. Many people are unsure about the next steps before their first court appearance. Early decisions can significantly influence your case’s outcome. Texas criminal law follows strict procedures, and the State often starts building its case well before your first court date. We assist clients seeking clear guidance and a practical plan. If you are facing a felony charge, it is essential to understand your rights and responsibilities before your initial court date.

## Understanding What A Felony Charge Means In Texas

Texas law divides criminal offenses into misdemeanors and felonies. Felonies are the most serious category and carry the possibility of prison time. Under [Texas Penal Code §12.04](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=12.41), felonies are classified into five categories:

- State jail felonies
- Third-degree felonies
- Second-degree felonies
- First-degree felonies
- Capital felonies

Each level carries a different punishment range. For example, a third-degree felony under [Texas Penal Code §12.34](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=12.41) may result in 2 to 10 years in prison, while a first-degree felony under [Texas Penal Code §12.32](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.12&artSec=12.32) can lead to 5 to 99 years or life. Capital felonies may involve life without parole or the death penalty.

The classification of your charge determines bond conditions and potential sentencing. Understanding your charge’s category helps inform early strategic decisions.

### What Happens After A Felony Arrest In Galveston County

After an arrest, you are typically taken before a magistrate. Under [Texas Code of Criminal Procedure Article 15.1](https://statutes.capitol.texas.gov/docs/CR/htm/CR.15.htm)7, the magistrate must inform you of the charges, your right to remain silent, and your right to an attorney.

At this stage, several important things happen:

- Bond is set or reviewed.
- Conditions of release may be imposed.
- You are warned about speaking to law enforcement.
- The case begins moving toward indictment.

If you post bond, you will be released under specific conditions that must be followed. Violating these conditions can lead to bond revocation and additional charges.

### Why The First Court Date Matters More Than You Think

Your first court date is typically an arraignment or a hearing to confirm your charges and outline next steps. Although it may appear routine, it establishes the direction of your case.

During this early phase:

- The prosecution evaluates your case strength.
- Evidence begins to circulate through discovery.
- Pretrial deadlines are established.
- Your legal strategy starts taking shape.

Arriving prepared and with legal representation can influence how prosecutors and the court perceive your case from the beginning.

## What To Do Immediately After Being Charged With A Felony

Taking the right steps early can protect your rights and position your case for a stronger outcome.

### Hire A Criminal Defense Lawyer As Early As Possible

The earlier we are involved, the more opportunities we have to identify legal issues and preserve evidence. Waiting limits options and allows the State to build its case without challenge.

Early representation allows us to:

- Communicate with prosecutors on your behalf.
- Review charging documents for defects.
- Preserve surveillance and witness evidence.
- Prepare for bond hearings and conditions.

### Do Not Discuss Your Case With Anyone

Anything you say can become evidence. This includes conversations with:

- Police officers
- Friends or family
- Text messages or social media posts

Under the Texas Rules of Evidence, statements made by a defendant can be used against them in court. Silence is often your strongest protection at this stage.

### Follow All Bond Conditions Strictly

Bond conditions are enforceable court orders. These may include:

- No contact with alleged victims
- Travel restrictions
- Drug or alcohol testing
- Curfews or reporting requirements

Violating these conditions can lead to arrest and make your case more difficult to defend.

### Gather Information And Documents

We often advise clients to begin collecting helpful materials early, such as:

- Contact information for witnesses
- Relevant documents or communications
- Timeline of events
- Medical or employment records if applicable

Preserving this information early can strengthen your defense.

## The Role Of The Grand Jury In Felony Cases

Most felony charges in Texas require an indictment by a grand jury. Under the Texas Code of Criminal Procedure Article 20.19, a grand jury reviews evidence presented by the prosecutor and decides whether probable cause exists.

Key points about the grand jury process:

- Proceedings are not open to the public.
- The defense is usually not present.
- The prosecutor controls the presentation of evidence.
- The outcome is either a “true bill” or “no bill.”

While the defense does not typically participate directly, early legal work can still influence how a case is presented.

## Understanding Your Rights Under Texas Law

Knowing your rights helps you avoid mistakes that can harm your case.

### Right To Remain Silent

Protected under both the U.S. Constitution and Texas law, this right means you are not required to answer questions from law enforcement.

### Right To Legal Counsel

Under Texas Code of Criminal Procedure Article 1.051, you have the right to representation at every critical stage of the case. This includes interrogation, hearings, and trial.

### Protection Against Unlawful Searches

The Fourth Amendment and Texas law require that searches be supported by a warrant or a valid exception. Evidence obtained in violation of this rule may be subject to suppression.

## How Prosecutors Build Felony Cases

Understanding how the State approaches your case helps you prepare for what is ahead.

Prosecutors rely on:

- Police reports and officer testimony
- Physical evidence
- Witness statements
- Digital evidence, such as phone data
- Laboratory testing results

In Galveston County and Houston-area courts, prosecutors often move quickly once charges are filed. Early defense work can identify weaknesses before they become harder to challenge.

### Pretrial Motions That Can Shape Your Case

Before trial, we may file motions to challenge the State’s evidence or procedures. These can include:

- Motions to suppress evidence obtained unlawfully
- Motions to exclude unreliable testimony
- Requests for discovery under Texas Code of Criminal Procedure Article 39.14

These motions can narrow the issues in your case and sometimes lead to dismissal or reduction of charges.

### Mistakes To Avoid Before Your First Court Date

Certain actions can harm your case before it even begins.

- Posting about your case on social media
- Ignoring court dates or legal notices
- Contacting alleged victims against court orders
- Failing to comply with bond conditions
- Speaking to law enforcement without counsel

Avoiding these mistakes is as important as taking the right steps.

### Possible Outcomes In A Felony Case

Every case is different, but possible outcomes may include:

- Dismissal of charges
- Reduction to a lesser offense
- Pretrial diversion in limited situations
- Probation or deferred adjudication where available
- Trial and potential acquittal

The path your case takes depends on the evidence, the law, and the strategy developed early in the process.

### Long-Term Consequences Of A Felony Conviction

A felony conviction can affect more than just your immediate situation.

Potential consequences include:

- Loss of certain civil rights
- Difficulty obtaining employment
- Housing challenges
- Professional licensing issues
- Long-term criminal record

Because of these lasting effects, early defense work is critical.

## Frequently Asked Questions About Felony Charges In Galveston County

### What Happens At My First Court Date For A Felony Charge?

Your first court date is usually an arraignment or initial setting. The court confirms the charges against you and advises you of your rights. In many cases, you will enter a plea of not guilty at this stage. The court may also review bond conditions and set future dates. While this hearing is often brief, it is important because it starts the formal court process and signals how your case will move forward.

### Do I Need A Lawyer Before My First Court Date?

Yes. Having a lawyer before your first court date allows you to begin building your defense immediately. Early involvement can affect bond conditions, communication with prosecutors, and how your case is presented. Waiting until later stages can limit your options and make it harder to challenge early decisions made by the State.

### Can My Felony Charge Be Dropped Before Court?

It is possible, but it depends on the evidence and legal issues in your case. Charges may be dismissed if there is insufficient evidence, constitutional violations, or problems with how the case was filed. Early investigation and legal review increase the chances of identifying these issues before the case moves too far forward.

### What Is An Indictment And Why Does It Matter?

An indictment is a formal charging document issued by a grand jury. It confirms that there is probable cause to believe a felony offense occurred. Without an indictment, most felony cases cannot proceed to trial. Once an indictment is issued, the case moves forward in the district court system.

### Can I Travel While Out On Bond For A Felony Charge?

Travel depends on the conditions set by the court. Some bonds allow travel within Texas, while others restrict movement to certain counties. Leaving the area without permission can result in bond revocation. It is important to review your bond conditions carefully before making travel plans.

### Will I Go To Jail Before My Trial?

Not necessarily. Many people remain out on bond while their case is pending. However, violating bond conditions or being charged with new offenses can result in being taken back into custody. The seriousness of the charge and your criminal history may also affect whether bond is granted.

### How Long Does A Felony Case Take In Texas?

Felony cases often take several months to over a year to resolve. The timeline depends on court schedules, the complexity of the case, and whether it goes to trial. While the process can feel slow, the time is often used to gather evidence and prepare a defense.

### Can I Talk To The Police To Explain My Side?

We strongly advise against speaking with law enforcement without legal counsel. Even statements made with good intentions can be misunderstood or used against you. Once a statement is made, it cannot be taken back. It is better to have your attorney handle communication with investigators.

### What Is Deferred Adjudication In A Felony Case?

Deferred adjudication is a form of probation where the court does not enter a final conviction if you successfully complete the terms. However, not all felony charges qualify, and some serious offenses are excluded. Even when available, deferred adjudication still involves strict conditions and long-term implications.

### What Should I Bring To My First Court Date?

You should bring any paperwork related to your case, including bond documents and court notices. Dress appropriately and arrive early. If you have retained counsel, your attorney will guide you on what to expect and how to proceed during the hearing.

## Speak With Mark Diaz & Associates About Your Felony Case

If you have been charged with a felony in Galveston County or anywhere in the Houston area, the steps you take now, matter. Mark Diaz & Associates provides focused criminal defense representation for individuals facing serious charges across Galveston and throughout the city of Houston, Texas.

When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

Call our [Galveston criminal lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/) and discuss your defense strategy before your first court date.

**Categories:** Felony Defense Lawyer

---

### [Clearing Your Criminal Record in Texas: Expunctions and Non-Disclosures](https://texascriminaljustice.com/clearing-your-criminal-record-in-texas-expunctions-and-non-disclosures/)

**Published:** December 2, 2025
**Author:** Mark Diaz &amp; Associates

**Content:**

![Historic stone courthouse building with American and state flags, representing the Texas criminal justice system and court proceedings.](https://texascriminaljustice.com/wp-content/uploads/2026/01/courthouse-2424645_1280.jpg "courthouse-2424645_1280")

## Understanding the Difference Between Expunction and Non-Disclosure

Expunctions and non-disclosures are two legal methods for clearing a criminal record in Texas. An expunction effectively deletes a criminal record as though it never existed, providing a clean slate. In contrast, a non-disclosure seals the record from public view but remains accessible to law enforcement and certain governmental agencies. Both legal tools offer significant opportunities for a fresh start, but one erases the record while the other hides it.

## Offenses That Cannot Be Cleared

Some criminal offenses can never be removed from a record, including murder, aggravated sexual assault, and other severe crimes. Exceptions exist if the individual is acquitted, found not guilty, or granted a pardon. Non-disclosures are more restrictive and do not cover family violence, sex offenses, human trafficking, or capital murder. Even when a case is dismissed, eligibility for expunction may depend on statute of limitations or district attorney approval, emphasizing the need for professional legal guidance.

## The Process and Timeline for Expunctions and Non-Disclosures

The process for clearing a criminal record typically takes three to six months. Attorneys file a verified petition in the district court where the arrest occurred. The state, usually represented by the district attorney, is notified and can object. Some courts grant expunctions or non-disclosures without a hearing, while others require a short hearing. Once approved, certified copies are sent to the Department of Public Safety (DPS) and all relevant agencies, which are ordered to physically destroy or seal the records. While the process involves significant paperwork for the attorney, the client’s role is minimal after the initial consultation.

## Impact on Employment, Housing, and Professional Licenses

Expunctions and non-disclosures have a major impact on career and personal opportunities. Expunctions allow individuals to legally deny past arrests or charges in job interviews, housing applications, and professional licensing inquiries. Non-disclosures provide similar protections, though certain professions, such as teachers, nurses, or law enforcement officers, may still have access to sealed records. These remedies can be life-changing, enabling individuals to rebuild careers, secure housing, and pursue professional opportunities.

## Common Mistakes When Attempting to Clear a Record

Attempting to navigate expunctions or non-disclosures without an attorney often leads to errors. Common mistakes include miscalculating eligibility dates, failing to serve all relevant agencies, and assuming every dismissal qualifies for clearance. Attorneys ensure petitions are filed correctly, avoiding costly errors and delays. Filing mistakes can result in forfeiting legal fees and prolonging the path to a clean record.

## Importance of Local Court Knowledge

Filing in the correct jurisdiction is critical. Petitions must be submitted to the district court where the offense occurred, and familiarity with local court procedures can save months of delays. Experienced attorneys understand which judges, prosecutors, and court staff handle expunctions and non-disclosures, ensuring the process moves efficiently.

## Real-Life Example of a Successful Expunction

Jessica Ebbs shared a recent case of a hardworking nurse who was wrongfully charged in a case involving her child. After being found not guilty, her expunction petition was approved, immediately clearing her record. As a result, collateral custody proceedings were resolved, her nursing license remained intact, and she could continue supporting her family. This case illustrates the profound impact of clearing a criminal record on both personal and professional life.

## First Steps to Clear a Criminal Record

For anyone seeking to clear their record in Texas, the first step is to contact a qualified attorney. Individuals can also obtain their own background check through DPS to assist the attorney in assessing eligibility. Legal guidance ensures the process is handled correctly, efficiently, and in compliance with all statutes. Acting quickly allows individuals to stop being defined by past mistakes and focus on future opportunities.

## Conclusion

Expunctions and non-disclosures provide Texans with a powerful legal tool to regain control over their personal and professional lives. Engaging an experienced attorney is essential for navigating complex eligibility rules, filing procedures, and local court requirements. With proper guidance, clearing a criminal record can restore opportunities, protect professional licenses, and help families stay intact.

For assistance with expunctions, non-disclosures, or criminal record clearing, contact Jessica Ebbs and the team at Mark Diaz and Associates by visiting [texascriminaljustice.com/](/).

**Categories:** Expungement

---

### [Arrested In Texas? What To Expect In The First 24 Hours](https://texascriminaljustice.com/arrested-in-texas-what-to-expect-in-the-first-24-hours/)

**Published:** January 1, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![ArrestedManInHandcuffsWithHandcuffedHandsBehindBackIn](https://texascriminaljustice.com/wp-content/uploads/2026/01/arrested.jpg "ArrestedManInHandcuffsWithHandcuffedHandsBehindBackIn")

The first day after an arrest in Texas can feel confusing, fast-moving, and overwhelming. Many people are unsure about what will happen next or what rights they truly have once they are placed in custody. We want you to understand that the first 24 hours matter, and the decisions made during this window can affect the entire case. We also know that families often feel powerless while someone is in jail, especially if it is their first experience with the criminal justice system. Our goal is to give you a clear picture of what usually happens during this period and how the law applies so that you can make informed choices.

## What Happens At The Time Of Arrest

When officers decide to arrest someone in Texas, they are required to follow constitutional and statutory rules. Most arrests occur because an officer claims to have probable cause, which is a reasonable belief that a crime has been committed. In some situations, the arrest is based on a warrant issued by a judge under Texas Code of Criminal Procedure Article 15.01. A warrantless arrest may also occur when an officer believes a crime was committed in their presence or certain statutory circumstances exist under [Article 14.01–14.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=14.01&Date=5/8/2019).

During the arrest process:

- You will likely be handcuffed and your movements restricted.
- You may be searched incident to arrest, which is permitted in many cases under constitutional principles.
- Your personal property will typically be inventoried as you are booked into jail.

We strongly encourage people to remember their right to remain silent and the right to request counsel. Statements made during this stage can later be used at trial, and officers are trained to document statements carefully.

## Your Right To Remain Silent And To Counsel

Texas law works alongside federal constitutional protections when it comes to your rights during questioning. Once you are taken into custody and interrogated, you must be advised of your rights under [Article 38.22](https://law.justia.com/codes/texas/code-of-criminal-procedure/title-1/chapter-38/article-38-22/) of the Texas Code of Criminal Procedure, which tracks the Miranda rule. These include:

- The right to remain silent
- The right to have an attorney present during questioning
- The right to stop questioning at any time

Anything said voluntarily can be used against you. We routinely see situations where people believe they can “explain their side” to avoid charges, only to find their statements quoted in court later. Exercising your right to silence does not make you look guilty. It protects you from providing material that prosecutors may later claim shows intent, knowledge, or admission.

If you request an attorney, questioning must stop. This right should be used clearly and directly. Even a casual conversation with law enforcement can become evidence.

## Booking, Fingerprints, And Mugshots

Shortly after arrest, officers will transport you to the local jail or county facility for booking. During booking:

- Your fingerprints and photographs are taken.
- Your basic information is recorded.
- You are searched
- Your property is logged.
- You are placed in a holding cell or the general jail population.

This process creates your criminal record entry, which can later appear in background checks unless the case is expunged or sealed. For many people, this is one of the most stressful moments because the reality of the arrest becomes clear.

## Magistrate Warning And Initial Appearance

Texas law requires that an arrested person be taken before a magistrate “without unnecessary delay.” Under [Texas Code of Criminal Procedure Article 15.17](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-15-17/), the magistrate must:

- Inform you of the charges.
- Explain your rights
- Advise you about your right to counsel.
- Consider bail

This hearing may occur in person or by video. It is not the trial, and it is not the time to argue facts. Its main purpose is to ensure you know why you are being held and to set the conditions for release.

## Bail, Bond, And Release In The First 24 Hours

For many families, the biggest concern is when the arrested person will be released. Texas uses several types of bonds:

- **Cash bond**
- **Surety bond** (through a bondsman)
- **Personal recognizance bond** in some cases

The magistrate determines the amount and type of bond based on [Article 17.15](https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-17-15/) of the Code of Criminal Procedure, considering factors such as the nature of the offense, likelihood of appearing in court, public safety, and prior criminal history.

Some offenses have mandatory minimum hold times or denial of bond under statutes such as Article 1, Section 11 of the Texas Constitution and certain sections of Chapter 17. More serious felonies or repeat violent offenses may involve higher bonds or denial of personal bonds.

We often assist clients in bond hearings, bail reviews, or bond reduction motions, especially when the initial amount is excessive.

## Phone Calls, Communication, And Contact With Family

After booking, individuals are usually allowed to make phone calls. Calls made from jail are recorded. This is critical to remember. We frequently see recorded conversations used during prosecution to argue guilt, admit statements, or show alleged consciousness of wrongdoing.

The safest subjects to discuss on recorded lines are:

- Location
- Bond arrangements
- Requesting legal representation

Avoid discussing what happened during the incident. Assume every word is recorded and can later be replayed in court.

## When Will Charges Actually Be Filed?

Many people assume charges are filed immediately upon arrest. That is not always true. The arrest provides the officer’s basis, but prosecutors decide whether to formally file charges. In felony cases, the case often must be presented to a grand jury under the [Texas Code of Criminal Procedure Article 20.19](https://law.justia.com/codes/texas/2019/code-of-criminal-procedure/title-1/chapter-20/article-20-19/).

Time limits for filing cases vary:

- **Misdemeanors** generally move faster.
- **Felonies** may take longer while prosecutors gather reports, lab results, or witness statements.

However, you still remain in custody until bond is posted or the court orders release.

## Misdemeanor Versus Felony Arrests In Texas

The first 24 hours differ depending on whether the arrest is for a misdemeanor or a felony.

Under [Texas Penal Code § 12.21–12.35](https://codes.findlaw.com/tx/penal-code/penal-sect-12-35/):

- Misdemeanors are classified as Class A, B, or C.
- Felonies range from state jail felony to first-degree felony.

Felonies have harsher consequences, higher bond amounts, and more complex court procedures. Even a misdemeanor arrest can lead to fines, jail time, probation, driver’s license consequences, immigration complications, or loss of employment opportunities.

## Police Interrogation And Confessions

Officers may attempt to question you during transport, booking, or while you are waiting. Remember:

- You do not have to talk.
- You must clearly say you want a lawyer.
- You should avoid signing written statements without counsel.

Under Texas Code of Criminal Procedure Article 38.21, statements are inadmissible unless they are voluntary. Coercion, threats, or promises can affect admissibility. However, courts often find statements “voluntary” even when the environment is intimidating. Protecting your rights early reduces risk.

## Evidence Collection In The First 24 Hours

In many cases, the first day after arrest is when the most important evidence is gathered, including:

- Body camera video
- Patrol dash footage
- Breath or blood testing in DWI cases
- Search of vehicles or homes
- Witness interviews

Texas search and seizure law is based on both the U.S. Constitution and Texas Code of Criminal Procedure Chapter 18. Unlawful searches may lead to suppression of evidence, but only when properly challenged.

We frequently review:

- Whether consent was valid
- Whether warrants were supported by probable cause
- Whether officers exceeded warrant’s scope.
- Whether testing was performed properly.

## What Families Should Do In The First 24 Hours

From our perspective, representing people in Galveston and throughout Texas, the most helpful steps are:

- Stay calm and gather information.
- Avoid discussing facts on recorded jail calls.
- Collect paperwork, citations, and booking information.
- Write down names of witnesses.
- Preserve texts, photos, or video evidence.
- Avoid posting about the arrest on social media.

Early action can prevent harmful mistakes that are hard to undo later.

## Frequently Asked Questions About Being Arrested In Texas

### What Should I Say To The Police After I Am Arrested In Texas?

The safest approach is to provide only your basic identifying information and clearly state that you wish to remain silent and want an attorney. Texas law under Article 38.22 confirms your right not to answer questions that may incriminate you. Many people feel pressure to talk because they believe cooperation will end the arrest. Officers are trained to question, and a friendly conversation can still become evidence. Saying less protects your future case. Your silence cannot legally be used as proof of guilt. We routinely defend individuals whose own words were quoted back to them by prosecutors. Once you request counsel, questioning should stop. Use simple statements such as “I want to speak to a lawyer.” Avoid arguing your innocence roadside or in an interview room. Those conversations are recorded and saved.

### How Long Can Police Hold Me After An Arrest?

Texas requires that arrested individuals be taken before a magistrate without unnecessary delay under Article 15.17. However, the process still may take hours depending on the county workload, time of arrest, and jail intake procedures. In some cases, a person remains jailed until bond is posted or a court releases them. If prosecutors do not file charges within certain timelines, release may occur under **Article 17.033** for some misdemeanors and low-level offenses, though conditions vary. Serious felonies may involve longer detention. The key point is that booking, magistrate warnings, and bond determinations all take time. Families should expect the first 24 hours to be busy with processing. We are often contacted during this window to begin bond procedures and legal protections.

### Will I Have A Criminal Record After An Arrest, Even If The Case Is Dismissed?

Yes, an arrest itself creates a record. That does not automatically disappear if charges are dismissed. In Texas, clearing records usually requires expunction under Chapter 55 of the Code of Criminal Procedure or orders of nondisclosure under Government Code § 411.0715 and § 411.072. Eligibility depends on the case outcome, the type of charge, and prior history. Many people are surprised when background checks reveal “arrested but case dismissed.” Employers, landlords, and licensing boards can see those entries unless they are formally cleared. We assist clients after the criminal case ends to pursue expunction or nondisclosure when available. Acting early helps position the case for record clearing later.

### What Happens If I Cannot Afford Bail Right Away?

If bail is set at an amount you cannot afford, several options exist. A bondsman may post a surety bond for a percentage fee. In some counties, personal recognizance bonds may be available depending on the charge, history, and risk assessment. You also have the right to request a bail reduction hearing under Article 17.09 and Article 17.151 in certain situations. Courts must consider factors such as ability to pay, nature of the offense, community ties, and safety concerns. Excessive bail is prohibited under the Texas Constitution. We frequently request lower bond amounts or different bond conditions, such as check-ins or monitoring, to secure release. Staying in custody makes defending a case harder, so early action on bond can be very important.

### Do I Have To Consent To A Search After My Arrest?

You are not required to consent to a search. Officers may search in some situations without consent, such as incident to arrest or under a valid warrant authorized under Chapter 18 of the Texas Code of Criminal Procedure. However, consent eliminates the need for officers to justify the search later. If you do not consent, clearly say so. Do not physically resist. Many cases involve disputes over whether consent was voluntary or coerced. Courts evaluate factors such as tone, custody status, environment, and officer conduct. If your rights were violated, evidence may be suppressed, but only after proper legal challenge. Saying “I do not consent to any searches” preserves your rights.

### What Happens To My Job After An Arrest In Texas?

Employment consequences depend on the employer’s policies, your contract, and the type of work you do. Some positions involving government clearances, healthcare, commercial driving, childcare, education, and professional licensing can be affected by an arrest alone. Others wait for conviction. Texas is generally an at-will employment state, meaning many employers can terminate employment for arrest. We advise clients to avoid discussing their case with supervisors without legal advice because statements can later become evidence. If your job requires reporting arrests, follow policy but keep communication brief and factual. Protecting both the criminal case and your livelihood requires careful handling early on.

### Can I Call My Family From Jail, And Is It Recorded?

Yes, most facilities allow phone calls, but nearly all are recorded and monitored. Prosecutors often obtain recordings and listen for incriminating statements. Comments about what happened, who was involved, or plans going forward are frequently used in court. We recommend limiting calls to bond arrangements and legal contact. Avoid discussing facts of the case, your emotions about the event, or conversations with police. Assume each word will later be replayed. This is one of the most important warnings we give families in the first 24 hours after arrest.

### What If I Am Arrested For Family Violence Or Assault?

Family violence arrests carry unique consequences. Bond conditions often include emergency protective orders under Article 17.292, no-contact restrictions, firearm prohibitions, and removal from the home. Violating these conditions can lead to separate charges. Even when the alleged victim asks to “drop the charges,” prosecutors decide how the case proceeds. These cases can affect employment, child custody, housing, and immigration status. The first 24 hours usually involve strict release conditions that must be followed exactly. We regularly counsel clients through these restrictions and defend against enhancement risks for future accusations.

### Do I Have To Take A Breath Or Blood Test In Texas?

Texas has implied consent laws under Texas Transportation Code § 724.011 et seq. Refusing testing can trigger administrative license suspension. However, officers still may seek a warrant for blood. Testing decisions occur very early in DWI cases, often within hours of arrest. The legality of the stop, arrest, and testing process can dramatically affect evidence. Many defenses involve problems such as improper calibration, chain-of-custody errors, or lack of probable cause. We encourage people to understand that DWI cases are often won or lost on what happens during the first 24 hours.

## Call Mark Diaz & Associates For Immediate Help After An Arrest

If you or a loved one has been arrested in Texas, the first day is not the time to wait and see what happens. The choices made now can shape bond, charges, criminal records, and long-term consequences. We work with individuals and families facing arrests in Galveston and throughout the city of Houston and the surrounding areas. Our attorneys defend state criminal charges ranging from misdemeanors to serious felonies, and we are committed to protecting constitutional rights from the very beginning of the case.

We invite you to talk with us about what happened, what is happening right now at the jail, and what the next steps should be. Call Mark Diaz & Associates at 409-515-6170 for a free consultation. We are ready to help during this critical window following arrest, and we take pride in standing beside people when the stakes are highest.

Contact our [Galveston criminal defense lawyer](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We are ready to review your case and help you respond the right way, before it’s too late.

**Categories:** Criminal Defense Lawyer

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### [What Happens If Someone Violates Probation In Texas?](https://texascriminaljustice.com/what-happens-if-someone-violates-probation-in-texas/)

**Published:** January 5, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![DeskWithAPlateProbationViolationLawyer](https://texascriminaljustice.com/wp-content/uploads/2026/01/probation-violation.jpg "DeskWithAPlateProbationViolationLawyer")

Probation, called “[community supervision](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=42A)” under Texas law, allows a person to remain in the community instead of serving time in jail or prison. It is a serious legal commitment, and the court expects strict compliance with every condition imposed. When a violation happens, the consequences can be significant, fast-moving, and stressful for the person involved and their family. We see the anxiety that follows a probation violation allegation, and we understand the very real concern about going to jail or prison. Our goal here is to explain what happens when probation is violated in Texas, what courts look at, what penalties may apply, and why having legal representation is critical during this stage of a case.

## Understanding Probation Under Texas Law

Texas uses the term “community supervision” instead of probation. Under the Texas Code of Criminal Procedure Chapter 42A, community supervision allows a sentence to be suspended while the defendant lives in the community under court-ordered conditions. These conditions may include:

- Reporting to a supervision officer
- Paying court costs, fines, and restitution
- Drug or alcohol testing
- Curfews
- Classes or counseling
- Abstaining from committing new offenses
- Community service requirements
- No contact with certain people or locations
- Installation of ignition interlock in DWI cases
- Maintaining employment or schooling

There are two primary types:

- Deferred Adjudication under Tex. Code Crim. Proc. Art. 42A.101
- Straight Probation (suspended sentence) under Tex. Code Crim. Proc. Art. 42A.053

The type of probation matters because the consequences after a violation can be very different.

## What Counts As A Probation Violation In Texas?

Violations are generally divided into two categories:

### Technical Violations

These are failures to follow probation rules, such as:

- Missing a probation appointment.
- Failing to pay fees or restitution.
- Positive drug test.
- Failing classes or community service.
- Missing curfew.
- Not updating the address or employment.

### Substantive Violations

These typically involve a new criminal offense or arrest while on probation.

Even one violation can trigger court action. The probation officer reports the violation, and the prosecutor may file a [Motion to Revoke Probation](https://www.tdcaa.com/journal/motions-to-revoke/) or a [Motion to Adjudicate Guilt](https://www.txcourts.gov/media/1443177/judgment-adjudicating-guilt.doc), depending on the type of probation.

## Motion To Revoke Or Motion To Adjudicate Guilt

When a violation is alleged, the State will file:

- Motion to Revoke Community Supervision for straight probation under Art. 42A.751.
- Motion to Adjudicate Guilt for deferred adjudication under Art. 42A.108.

The judge may then issue a warrant. In some situations, a summons may be issued instead, but warrants are common. Once arrested, a bond may or may not be available depending on the case and court.

## What Happens At A Probation Revocation Hearing?

A revocation hearing is not the same as a jury trial. The judge, not a jury, decides the outcome. The State has a lower burden of proof. Instead of “beyond a reasonable doubt,” the State must prove a violation by a preponderance of the evidence, meaning more likely than not.

At the hearing:

- The prosecutor presents evidence of the violation.
- The probation officer may testify.
- The defendant has the right to counsel
- We may present evidence, cross-examine witnesses, and argue mitigation.

Under Art. 42A.751, if the judge finds a violation occurred, the court has several options.

## Possible Consequences For Violating Probation In Texas

Consequences may include:

- No action (rare, usually only for minor or excused violations)
- Modification of probation conditions
- Extension of probation term
- Additional community service or classes
- Jail sanctions
- Revocation and jail or prison sentence

### If On Straight Probation

The judge may impose the original sentence that was suspended.

### If On Deferred Adjudication

The court may find the defendant guilty and impose any sentence within the full statutory range for the underlying offense.

This distinction is crucial.

## Examples Of Probation Violations We Commonly See

We routinely see allegations involving:

- Positive drug or alcohol tests.
- Missed probation appointments due to work or transportation.
- Failure to pay because of financial hardship.
- Association with prohibited people or locations.
- Traveling out of the county without permission.
- Violating protective orders.
- New arrests for theft, assault, DWI, or drug charges.

Not every violation is willful, and courts do consider the facts. Presenting context often matters.

## Defenses And Strategies In Probation Violation Cases

Defenses depend on the specific allegation. Common strategies include:

- Showing the violation did not occur.
- Demonstrating a lack of intent or willfulness.
- Proving inability to pay under Bearden v. Georgia constitutional principles.
- Showing program unavailability.
- Documenting medical or family emergencies.
- Presenting clean drug tests after relapse.
- Negotiating modified terms instead of revocation.

We often work to resolve violations before a full hearing by negotiating amended conditions or time-served jail sanctions.

## New Criminal Charges While On Probation

Being arrested for a new offense while on probation has serious implications. The probation case and new criminal case operate separately. The State may move to revoke before the new case is resolved because the burden of proof is lower in revocation proceedings.

Judges take new offenses very seriously, particularly violent crimes, family violence, and DWI cases. The judge has broad discretion under Texas law, which is why legal representation is vital.

## How Jail Or Prison Time Is Determined After Revocation

If probation is revoked:

- In misdemeanor cases, sentencing follows the limits under Texas Penal Code Title 3.
- In felony cases, punishment follows the range under Texas Penal Code § 12.32-12.35.

Credit for time already served in custody usually applies, but time on probation does not typically count toward a prison sentence.

For deferred adjudication violations, the judge may impose any sentence allowed for the offense, even if probation had been going well for years.

## Rights You Have During A Probation Revocation Process

Even though the process is different than a jury trial, you still have rights, including:

- Right to written notice of alleged violations.
- Right to an attorney.
- Right to a hearing.
- Right to present evidence.
- Right to challenge the State’s evidence.

We protect those rights and focus on the best possible outcome for each client.

## Frequently Asked Questions About Probation Violations In Texas

### What Is The Difference Between Deferred Adjudication And Straight Probation?

Deferred adjudication means the judge has not yet found you guilty. Your plea is taken, but the court delays entering a conviction. If you successfully complete supervision, your case can be dismissed. If you violate, the court may proceed to adjudicate you guilty and impose any sentence within the statutory punishment range. Straight probation happens after a conviction and sentencing. The sentence is suspended while you are on supervision. If you violate straight probation, the judge can impose the original suspended sentence. We always review how you were placed on probation because it affects risk, strategy, and available options.

### Will I Automatically Go To Jail If I Violate Probation In Texas?

No, jail is not automatic. Many people assume one violation leads directly to incarceration, but that is not how Texas law works. The judge has discretion to modify terms instead of revoking probation entirely. Factors that matter include your prior performance on supervision, the type of violation, the seriousness of the original offense, and the steps you took to correct the issue. For example, missing one appointment due to a medical issue is treated differently from repeated missed tests combined with a new arrest. We work to show the court positive progress, employment, family responsibilities, treatment efforts, and other mitigating facts that support continuing supervision rather than revocation.

### Can Probation Be Extended After A Violation?

Yes. Courts are permitted to extend probation under Tex. Code Crim. Proc. Art. 42A.753 in many cases. Extension is common when community service hours are unfinished, fees are unpaid, or treatment programs are incomplete. While extension may feel frustrating, it is often far better than revocation and incarceration. Our role frequently involves negotiating extensions or modified terms rather than allowing a full revocation where jail or prison becomes likely.

### What Happens If I Fail A Drug Test While On Probation?

A positive drug test is one of the most frequent violations we see. Probation departments usually report the violation to the court. The judge can order treatment, counseling, increased testing, short jail sanctions, or move forward with revocation proceedings. A single relapse does not always mean incarceration. Courts understand addiction is complex, and treatment-oriented responses are often available. We often present treatment enrollment, clean follow-up tests, and support letters to reduce the risk of revocation.

### Can I Be Sent To Prison Without A Jury Trial For A Probation Violation?

Yes. Probation revocation hearings are decided by the judge. There is no right to a jury. The burden of proof is lower than in a criminal trial because the issue is compliance with court-ordered conditions, not guilt of the original offense. This makes legal advocacy especially important. Evidence that might not win in a jury trial may still be used against you in revocation proceedings. We prepare our clients carefully for testimony, challenge unlawful searches or unreliable testing when appropriate, and work to protect your liberty.

### What If I Could Not Afford My Probation Fees Or Restitution?

Failure to pay because of genuine financial hardship is treated differently from refusal to pay. Under constitutional law and Texas statutes, courts must consider the ability to pay. We present employment records, medical expenses, job loss, or disability evidence to show non-willful nonpayment. Many judges prefer adjusted payment plans or extensions rather than revocation when financial reality caused the violation. Ignoring the problem usually makes it worse, but documented hardship can be persuasive.

### What Should I Do If There Is A Warrant For A Probation Violation?

A warrant for a violation can lead to arrest at home, work, or during a traffic stop. The best step is to speak with a defense attorney immediately. In many courts, we can request a hearing date, address bond, or contact the probation officer before arrest. The sooner a violation is addressed, the more options exist. Waiting increases the risk of being taken into custody with no plan, no representation, and no supporting documentation prepared for the court.

### Can My Probation Be Revoked For A Minor Violation?

Yes, even minor violations can support revocation legally. However, most judges look at the whole picture. One missed appointment or late payment with a strong history of compliance may result in modified terms instead of incarceration. Repeated minor violations can still add up to a serious problem. Our role is to help present your performance in context and propose reasonable alternatives that protect your freedom while addressing the court’s concerns.

### How Long Can I Be On Probation In Texas?

The maximum length depends on the offense. For felonies, community supervision can last up to 10 years under Art. 42A.053 in most cases. For misdemeanors, supervision generally ranges up to two years, with possible extensions. Violations can extend the term further. Length of probation matters because longer supervision increases the risk of future technical violations. We sometimes seek early termination when possible if a client has performed well on supervision.

### Do I Need A Lawyer For A Probation Violation Hearing?

Yes. Your freedom, employment, reputation, and family relationships may be directly impacted by the result. The State is represented by prosecutors who handle revocation matters daily. Without counsel, people often admit violations they do not fully understand or fail to present mitigating facts that could change the outcome. We review allegations, examine testing accuracy, address unlawful searches, contact probation officers, negotiate alternatives, and advocate before the judge. The stakes are high, and the process moves quickly, making representation essential.

## Call Mark Diaz & Associates Today For Help With A Probation Violation In Texas

A probation violation allegation can threaten your freedom, your job, and your future. We defend individuals facing motions to revoke probation or motions to adjudicate guilt throughout Galveston and Houston. Our attorneys understand Texas probation law, court procedures, and the strategies that can protect your liberty and limit penalties.

If you or someone you love is dealing with a probation violation, we invite you to speak with our criminal defense team. We will review your situation, explain your options, and develop a defense strategy tailored to your circumstances.

Contact our [Galveston violation of probation attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston, Houston, and across Texas.

We are ready to stand beside you and protect your rights.

**Categories:** Criminal Defense Lawyer

---

### [Will You Go To Jail After A First-Time DWI In Galveston?](https://texascriminaljustice.com/will-you-go-to-jail-after-a-first-time-dwi-in-galveston/)

**Published:** January 12, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![Galveston DWI Lawyers](https://texascriminaljustice.com/wp-content/uploads/2020/07/Mark-Diaz-1-Sealing-Records-of-a-DWI-Conviction-in-Texas_-What-You-Need-to-Know_July2020.jpg "Galveston DWI Lawyers")

A first-time DWI arrest in [Galveston](https://www.galveston.com/) is frightening, confusing, and filled with uncertainty about what comes next. Many people assume jail is automatic, while others believe a clean record guarantees leniency. The truth under Texas law is more precise and depends on several legal factors that apply from the moment of the stop through sentencing. We see good people every day who made a single mistake and are worried about their freedom, their job, and their future. Understanding how Texas treats a first-time DWI is the first step toward protecting yourself and making informed decisions.

We write this from the perspective of [DWI defense attorneys](/dwi-charges/) who represent clients in Galveston County and throughout Houston. Our role is to explain what the law actually says, how courts apply it, and where opportunities exist to avoid the harshest outcomes. Jail is possible after a first DWI in Texas, but it is not mandatory in every case. The details matter, and the law provides room for strong defense strategies when handled properly.

## How Texas Law Defines A First-Time DWI

Texas law defines Driving While Intoxicated under [Texas Penal Code § 49.04](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.01). A person commits DWI if they operate a motor vehicle in a public place while intoxicated. Intoxication can be shown in two ways. The first is a blood alcohol concentration of 0.08 or higher. The second is loss of normal mental or physical faculties due to alcohol, drugs, or a combination of substances.

For a first-time offense, DWI is generally charged as a Class B misdemeanor. This classification applies even when no accident occurred, and no one was injured. The charge is still criminal, still serious, and still carries the possibility of jail. The absence of prior convictions helps, but it does not erase the statutory penalties written into Texas law.

A first DWI does not require proof of unsafe driving. An officer’s observations, field sobriety tests, and chemical testing are often enough for an arrest. This is why early legal intervention is critical, especially when evidence may be flawed or procedures were not followed.

## Is Jail Mandatory For A First-Time DWI In Texas?

Jail is authorized for a first-time DWI, but it is not always imposed. Under [Texas Penal Code § 12.22](https://statutes.capitol.texas.gov/docviewer.aspx?DocKey=PE%2FPE.12&Phrases=Section%7C49.02&HighlightType=1&ExactPhrase=False&QueryText=Section%2049.02), a Class B misdemeanor carries a jail range of up to 180 days. [Texas Penal Code § 49.04](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/) further establishes a minimum confinement period of 72 hours if a jail sentence is imposed.

That distinction is important. The statute allows jail, but it does not require that every defendant serve time behind bars. Many first-time offenders receive probation, also known as community supervision, instead of jail. Whether jail becomes part of the sentence depends on aggravating factors, the strength of the evidence, and how the case is presented to the court.

Judges in Galveston County often look at the total picture. A clean record, steady employment, and proactive steps can make a meaningful difference. On the other hand, certain circumstances increase the likelihood of jail exposure even for a first offense.

## Situations That Increase The Risk Of Jail Time

While many first-time DWI cases resolve without jail, some facts make incarceration more likely. A high blood alcohol level is one of the most common. If testing shows a BAC of 0.15 or higher, Texas law allows the charge to be enhanced to a Class A misdemeanor under [Texas Penal Code § 49.04(d)](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=49.01). That enhancement raises the maximum jail exposure to one year.

Accidents also change the analysis. Even without injuries, a crash can influence sentencing decisions. Judges may view the conduct as more dangerous, especially if property damage was significant. The presence of an open container in the vehicle triggers an automatic minimum of six days in jail if confinement is ordered, as outlined in [Texas Penal Code § 49.04(c)](https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/).

Other factors include poor performance on field sobriety tests, refusal of a breath or blood test, or evidence suggesting drug impairment. Each of these details can push a case toward harsher outcomes if not properly challenged.

## Probation And Alternatives To Jail

Community supervision is a common outcome for first-time DWI cases in Galveston. Probation allows a person to remain in the community under court-ordered conditions rather than serving jail time. These conditions often include alcohol education classes, counseling, community service, and regular reporting.

Texas Code of Criminal Procedure [Article 42A](https://statutes.capitol.texas.gov/getstatute.aspx?Code=CR&Value=42A) governs community supervision. Courts have broad discretion in setting terms, but compliance is essential. A probation violation can quickly place jail back on the table, even if no time was ordered initially.

In some cases, courts may allow deferred adjudication for related offenses, but standard DWI charges do not qualify for true deferred adjudication in Texas. That makes it even more important to focus on dismissal, reduction, or favorable probation terms.

## Administrative Penalties Separate From Jail

A first-time DWI triggers two parallel processes. One is the criminal case. The other is the administrative license suspension handled by the Texas Department of Public Safety. These are separate, and jail is only part of the criminal side.

Under Texas Transportation Code Chapter 524, a failed breath or blood test leads to a license suspension of 90 days for a first offense. A refusal can result in a suspension of up to 180 days. These penalties apply even if the criminal case is later reduced or dismissed, unless timely challenged.

This administrative process does not involve jail, but it significantly affects daily life. Addressing it early is essential to preserving driving privileges.

## How Galveston Courts Typically Handle First-Time DWI Cases

Galveston County courts see a high volume of DWI cases due to tourism, traffic, and coastal activity. Judges are familiar with first-time offenders and generally distinguish between isolated mistakes and patterns of risky behavior.

Local practice matters. Prosecutorial discretion, courtroom expectations, and available programs vary by county. A defense strategy that works in another part of Texas may not translate directly to Galveston. This local knowledge plays a role in whether jail is avoided and how probation is structured.

Courts also consider how a defendant conducts themselves after arrest. Voluntary education, counseling, and compliance with bond conditions can influence negotiations and sentencing.

## Legal Defenses That Can Prevent Jail Exposure

Strong defenses reduce or eliminate jail risk by attacking the foundation of the charge. Many first-time DWI cases involve questionable traffic stops. If the officer lacked reasonable suspicion, evidence obtained afterward may be suppressed.

Field sobriety tests are another common issue. These tests are subjective and often administered incorrectly. Environmental factors, medical conditions, and anxiety can all affect performance. Chemical testing also presents challenges, including calibration issues, improper blood draws, and chain-of-custody problems.

When evidence weakens, leverage increases. Reduced charges, dismissals, or probation without jail become more realistic outcomes.

# Frequently Asked Questions About First-Time DWI Jail Risk In Galveston

## Can A Judge Sentence Me To Jail Even If I Have No Prior Record?

Yes, Texas law allows jail for a first-time DWI even with a clean record. The absence of prior convictions helps, but it does not remove jail from the list of possible penalties. Judges have discretion within the statutory range and may impose jail if they believe it is appropriate based on the facts. Factors such as a high BAC, an accident, or poor conduct during the stop can influence that decision. Effective defense work focuses on presenting mitigating information and challenging evidence to reduce that risk.

## How Long Is The Minimum Jail Sentence For A First DWI?

If jail is imposed for a standard first-time DWI, the minimum period is 72 hours. This minimum increases to six days if there was an open container in the vehicle. These minimums only apply if the court orders confinement. Many first-time cases resolve with probation instead, which avoids serving these minimum jail periods altogether.

## Does A High Blood Alcohol Level Guarantee Jail Time?

A high BAC does not automatically guarantee jail, but it raises the stakes. A BAC of 0.15 or higher allows prosecutors to enhance the charge to a Class A misdemeanor, which carries greater potential penalties. Courts often view high BAC cases as more serious, but jail is still not mandatory. Defense strategies often focus on testing accuracy and procedural errors to counter this factor.

## Will I Go To Jail If I Refuse The Breath Or Blood Test?

Refusal does not automatically lead to jail, but it can complicate the case. Refusal triggers administrative license penalties and may be argued as evidence of intoxication in court. At the same time, refusal deprives the prosecution of direct BAC evidence, which can strengthen the defense. Jail outcomes depend on the remaining evidence and how the case is handled.

## Can Probation Keep Me Out Of Jail Completely?

Yes, probation is designed to avoid jail when appropriate. Many first-time DWI defendants in Galveston receive community supervision instead of confinement. Compliance is critical. Violating probation conditions can result in jail even if none was ordered initially. A well-structured probation plan is often a practical alternative to incarceration.

## Does Completing Alcohol Classes Help Avoid Jail?

Proactive steps, such as alcohol education or counseling, can help. Courts often look favorably on defendants who address issues early. While these steps do not guarantee a specific outcome, they support arguments for probation and reduced penalties. Timing matters, and these actions are most effective when coordinated with a defense strategy.

## What Happens If There Were No Accident And No Injuries?

Cases without accidents or injuries are generally viewed as less severe. That does not eliminate jail exposure, but it improves the chances of avoiding it. Defense efforts focus on maintaining that context while challenging the evidence of intoxication.

## Can A First-Time DWI Be Dismissed In Galveston?

Dismissal is possible in some cases, especially when legal or evidentiary problems exist. Illegal stops, unreliable testing, and procedural errors can all support dismissal. While not every case qualifies, dismissal is always a goal when supported by the facts.

## How Does A First DWI Affect My Job If I Avoid Jail?

Even without jail, a DWI conviction can affect employment, especially jobs involving driving or professional licensing. Probation conditions, license suspensions, and a criminal record all carry consequences. Reducing or avoiding a conviction is often as important as avoiding jail.

## When Should I Start Working On My Defense?

Immediately. Early action preserves evidence, protects driving privileges, and positions the case for better outcomes. Delays reduce options and allow problems to compound.

## Call Mark Diaz & Associates About A First-Time DWI In Galveston

A first-time DWI does not have to define your future. Jail is possible under Texas law, but it is not inevitable. The choices made early in the process matter, and the defense approach can change the outcome in meaningful ways.

We represent individuals facing DWI charges in Galveston and throughout Houston. At Mark Diaz & Associates, we focus on protecting freedom, minimizing penalties, and holding the State to its burden.

If you or someone you know has been arrested for a first-time DWI, contact our [Galveston DWI defense lawyers](/dwi-charges/) at Mark Diaz & Associates by calling 409-515-6170 to [receive your free consultation](/landing-form/). We are available to defend clients in Galveston and across the entire city of Houston, Texas.

**Categories:** DWI Attorney

---

### [Arrested While Visiting Galveston as a Tourist?](https://texascriminaljustice.com/arrested-while-visiting-galveston-as-a-tourist/)

**Published:** January 15, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![ArrestedPersonWithHandcuffsAndATravelDocumentInThe](https://texascriminaljustice.com/wp-content/uploads/2026/01/Galveston-tourist-arrest.jpg "ArrestedPersonWithHandcuffsAndATravelDocumentInThe")

## How Out-of-State Defendants Handle Texas Charges

Galveston attracts visitors from across the country with its beaches, cruise terminals, festivals, and historic districts. Many tourists arrive expecting a relaxing trip and leave facing criminal charges they never anticipated. An arrest while visiting Texas can feel overwhelming, especially when you live in another state and are unsure how Texas courts handle non-residents.

The rules, deadlines, and penalties may differ significantly from what you are used to back home. Missing a court date or misunderstanding bond conditions can quickly make a difficult situation worse. We represent out-of-state visitors who are charged while vacationing or traveling through Galveston every year, and we understand how critical it is to act quickly and strategically.

Texas law does not give tourists special treatment. If you are arrested in Galveston County, your case will proceed under Texas criminal law, regardless of where you live.

However, being from another state does affect bond conditions, court appearances, and how warrants are handled if deadlines are missed. Understanding these differences early can protect your freedom, your record, and your ability to return home.

## How Texas Criminal Law Applies To Out-Of-State Visitors

Texas courts treat out-of-state defendants the same as Texas residents when it comes to criminal liability. If probable cause exists, law enforcement may arrest you and file charges under the [Texas Penal Code](https://statutes.capitol.texas.gov/docs/CR/htm/CR.1.htm) or [Texas Transportation Code](https://statutes.capitol.texas.gov/?link=TN), depending on the alleged offense.

Common tourist-related arrests in Galveston include:

- Driving While Intoxicated
- Public Intoxication
- Disorderly Conduct
- Drug Possession
- Assault Or Family Violence Allegations
- Theft Or Shoplifting
- Criminal Trespass
- Weapons-Related Offenses

Even misdemeanor charges can carry jail time, fines, and long-term consequences. For felonies, the stakes increase significantly, especially when prosecutors view an out-of-state address as a flight risk.

## Arrest, Booking, And Bond For Non-Texas Residents

After an arrest in Galveston, you are typically taken to the Galveston County Jail for booking. This includes fingerprinting, photographs, and entry into the Texas criminal database. Your out-of-state address is immediately noted.

Judges may impose higher bond amounts for non-residents due to concerns about returning for court. Conditions may include:

- Cash or surety bond requirements
- Travel restrictions
- Mandatory court appearances
- Alcohol or drug monitoring
- No-contact orders

Failure to comply can result in the revocation of the bond and additional charges.

## Court Appearance Requirements And Travel Concerns

Many out-of-state defendants worry they will have to travel back to Galveston repeatedly. In some misdemeanor cases, Texas law allows an attorney to appear on your behalf. Whether this applies depends on:

- The charge
- The court
- Your criminal history
- Judicial discretion

Felony cases almost always require at least one personal appearance. With our planning and support, we can help minimize the disruption to your job, family, and finances, so you can focus on your life back home.

## Warrants Issued When Tourists Miss Texas Court Dates

Missing a Texas court date is serious, especially for non-residents. Courts may issue a [Failure To Appear warrant](https://www.dps.texas.gov/section/driver-license/failure-appearfailure-pay-program), which can:

- Lead to arrest in your home state.
- Trigger extradition proceedings
- Cause bond forfeiture
- Result in additional criminal charges

Texas has broad authority to pursue out-of-state defendants through interstate agreements. Ignoring a Galveston case rarely makes it go away.

## Texas Criminal Charges That Commonly Impact Tourists

### Driving While Intoxicated

Under [Texas Transportation Code § 49.04](https://statutes.capitol.texas.gov/getstatute.aspx?Code=PE&Value=49.01), a person may be charged with DWI if they lack the normal use of mental or physical faculties due to alcohol or drugs. Out-of-state drivers face Texas penalties, not home-state rules.

### Drug Possession

Texas Health and Safety Code [Chapter 481](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf) governs controlled substance offenses. Even small amounts can result in arrest, and penalties escalate quickly based on weight and substance type.

### Assault And Disorderly Conduct

Texas Penal Code [§22.01](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.22&artSec=22.01) and [§42.01](https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.42&artSec=) cover a wide range of conduct that may lead to arrest during disputes, bar incidents, or misunderstandings involving alcohol.

## How Texas Criminal Convictions Affect Your Home State

A Texas conviction does not stay in Texas. Consequences may include:

- Criminal record visible nationwide
- Driver’s license suspension or holds
- Professional licensing consequences
- Immigration complications for non-citizens

Interstate reporting agreements often require home states to recognize Texas convictions, especially for driving-related offenses.

## Why Early Legal Representation Matters For Tourists

Out-of-state defendants face unique risks. Prosecutors may push cases faster, courts may impose stricter bond terms, and missed deadlines carry harsher consequences. Early intervention allows us to:

- Communicate with the court immediately.
- Address bond and travel issues.
- Prevent warrants.
- Seek dismissal or reduction before positions harden.

## Frequently Asked Questions About Out-Of-State Arrests In Galveston

### Do I Have To Return To Texas For Every Court Date?

Not always. Some misdemeanor cases allow attorney-only appearances, but this depends on the charge and court approval. Felonies typically require at least one personal appearance.

### Can Texas Extradite Me If I Return Home?

Yes. Texas may seek extradition for active warrants, especially in felony cases or repeated failures to appear.

### Will My Texas Arrest Show Up In My Home State?

Yes. Arrests and convictions are shared through national databases accessible by law enforcement and licensing agencies.

### What Happens If I Ignore A Galveston Charge?

Ignoring the case can lead to warrants, bond forfeiture, additional charges, and arrest in your home state.

### Can My Case Be Resolved Without A Trial?

Many cases are resolved through dismissals, reductions, or negotiated outcomes, depending on evidence and circumstances.

### Does A Texas DWI Affect My Home State License?

Often yes. Many states honor Texas DWI convictions through interstate agreements.

### Can I Be Released On Bond As A Tourist?

Yes, but bond amounts and conditions may be higher for non-residents.

### Will I Be Jailed While Waiting For Court?

That depends on the charge, bond status, and compliance with release conditions.

### Can Charges Be Dropped If I Was Visiting Temporarily?

Tourist status does not excuse criminal liability, but evidence issues may still support dismissal.

### How Quickly Should I Contact A Lawyer?

Immediately. Early action can prevent warrants, bond issues, and unnecessary travel.

## Our Criminal Defense Attorney Protect Tourists Charged In Galveston

If you were arrested while visiting Galveston, your next steps matter. Texas courts move quickly, and mistakes made early can follow you across state lines. Our firm understands how Texas law impacts out-of-state defendants and how to protect your rights while minimizing disruption to your life back home.

Mark Diaz & Associates represents visitors charged with criminal offenses in Galveston and throughout the Houston area. We work to resolve cases efficiently, address bond and travel concerns, and pursue outcomes that protect your future.

Contact our [Galveston criminal defense attorney](/criminal-defense/) at Mark Diaz & Associates today by calling [409-515-6170 ](tel:+14095156170)to [schedule your free consultation](/landing-form/). We represent clients in Galveston and across the greater Houston region. Early action can make the difference between a manageable outcome and long-term consequences.

**Categories:** Criminal Defense Lawyer

---

### [Felony Drug Possession Charges In Galveston County: Your Defense Options](https://texascriminaljustice.com/felony-drug-possession-charges-in-galveston-county-your-defense-options/)

**Published:** January 21, 2026
**Author:** Mark Diaz &amp; Associates

**Content:**

![CocainePlasticPacketsPistolUsDollarsBanknotesAndHandcuffsDrugs](https://texascriminaljustice.com/wp-content/uploads/2026/01/diaz-felony-drug-possession.jpg "CocainePlasticPacketsPistolUsDollarsBanknotesAndHandcuffsDrugs")

Getting arrested for[ felony drug possession in Galveston County](/drug-possession/) can change your life fast. In a matter of hours, you can go from being at home or on your way to work to sitting in jail, facing a bond amount you never expected. Many people are shocked to learn that a “simple possession” case can be filed as a felony in Texas, even when there is no allegation of selling drugs.

The consequences are not just about jail or prison time. A felony drug conviction can affect your job, your housing, your driver’s license, your professional license, and your ability to provide for your family. It can also impact immigration status and firearm rights.

We want you to know something important right away: a felony drug possession arrest does not mean a felony conviction is guaranteed. Texas drug cases can be challenged in many ways, especially when law enforcement cuts corners during the stop, search, arrest, or evidence handling process. Prosecutors still have to prove every part of the case beyond a reasonable doubt. That is not always easy when the evidence is weak, the search was unlawful, or the drugs cannot be tied to the person accused.

We will now explain how felony drug possession charges work in Texas, why these cases are often filed in [Galveston County](https://www.galvestoncountytx.gov/), and what defense strategies may apply based on the facts. We also explain what the State must prove, what penalties you may face, and what steps you should take early to protect yourself.

## What Makes Drug Possession A Felony In Texas?

Texas does not treat every drug possession case the same. Whether a drug possession charge is a misdemeanor or a felony depends on the type of substance, the amount involved, and how the substance is classified under Texas law.

Most felony drug possession cases are prosecuted under the Texas Controlled Substances Act, found in [Texas Health & Safety Code, Chapter 481](https://statutes.capitol.texas.gov/docs/hs/pdf/hs.481.pdf).

### Controlled Substance Penalty Groups In Texas

Texas classifies controlled substances into penalty groups. The penalty group matters because it affects how harshly the case is punished.

Common examples include:

- Penalty Group 1: cocaine, heroin, methamphetamine, oxycodone, hydrocodone (and many opioids)
- Penalty Group 1-A: LSD
- Penalty Group 2: MDMA/ecstasy, PCP
- Penalty Group 3: certain prescription drugs and narcotics with lower abuse risk
- Penalty Group 4: compounds with small amounts of narcotics

These groups are defined in Texas Health & Safety Code §§ 481.102–481.105.

### The Core Possession Law Prosecutors Use

The general drug possession statute is [Texas Health & Safety Code § 481.115](https://law.justia.com/codes/texas/2019/health-and-safety-code/title-6/subtitle-c/chapter-481/subchapter-d/section-481-115/) (for Penalty Group 1 substances). Other penalty groups have their own sections, including:

- § 481.116 (Penalty Group 1-A)
- § 481.1161 (Penalty Group 2)
- § 481.117 (Penalty Group 3)
- § 481.118 (Penalty Group 4)

Even small amounts can lead to felony charges depending on the drug type. For example, possession of a Penalty Group 1 substance can be a felony even at very low weights.

## Common Felony Drug Possession Charges Filed In Galveston County

We regularly see felony drug possession charges come from everyday situations, not “drug bust” scenarios.

Some common case types include:

### Possession Of A Controlled Substance (PCS)

This is the standard felony drug charge for cocaine, meth, heroin, and many pills, depending on what the lab confirms. These cases are often charged under Texas Health & Safety Code § 481.115 or the related penalty group statutes.

### Possession Of A Dangerous Drug

Some substances are not charged under Chapter 481, but are still illegal to possess without a valid prescription. These cases may be charged under [Texas Health & Safety Code § 483.041](https://statutes.capitol.texas.gov/?tab=1&code=HS&chapter=HS.483&artSec=).

### Possession Of Marijuana (Felony-Level Amounts)

While small marijuana cases may be misdemeanors, larger amounts can become felonies under [Texas Health & Safety Code § 481.121](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-121/).

### Possession Of Drug Paraphernalia

Paraphernalia charges are usually misdemeanors, but they often appear alongside felony possession charges. The paraphernalia statute is [Texas Health & Safety Code § 481.125](https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-125/).

## How Texas Defines Drug Possession And Why That Matters

One of the biggest misunderstandings we see is this: people assume the State must prove the drugs were found in a pocket or hand. That is not true.

Texas defines possession as having “actual care, custody, control, or management” of the substance. This definition appears in Texas Health & Safety Code § 481.002(38).

That definition gives prosecutors room to argue that someone “possessed” drugs found:

- In a vehicle.
- In a shared home.
- In a backpack.
- In a center console.
- In a borrowed jacket.
- Near a person in a public place.

This is where many felony drug possession cases become defensible. The State must still prove the accused person knew the substance was there and exercised control over it.

## Constructive Possession And The “Affirmative Links” Issue

When drugs are not found directly on a person, prosecutors often rely on constructive possession. In plain terms, they argue the person had access to the drugs and control over the area.

In these situations, [Texas courts require evidence connecting the accused to the drugs through what are often called affirmative links](https://www.txcourts.gov/All_Archived_Documents/ccaInformation/archives/Opinions-Non%20Published/020503.htm).

Examples prosecutors may use include:

- The drugs were in plain view.
- The accused owned or controlled the vehicle or residence.
- The accused made statements suggesting knowledge.
- The accused acted nervous or attempted to flee.
- The drugs were found with personal items like a wallet or phone.
- The accused was the only person near the substance.

We often challenge these cases when the “links” are weak, the area was shared, or the officer made assumptions without real proof.

## Felony Possession Penalties In Texas (And Why Weight Matters)

In Texas drug cases, weight controls punishment levels, and the punishment can increase quickly.

Below is an overview for Penalty Group 1 possession under Texas Health & Safety Code § 481.115:

- Less than 1 gram: State jail felony.
- 1 gram to less than 4 grams: Third-degree felony.
- 4 grams to less than 200 grams: Second-degree felony.
- 200 grams to less than 400 grams: First-degree felony.
- 400 grams or more: Enhanced first-degree range (extremely serious).

The punishment ranges for felonies come from the Texas Penal Code, including:

- Texas Penal Code § 12.35 (State jail felony punishment)
- § 12.34 (Third-degree felony punishment)
- § 12.33 (Second-degree felony punishment)
- § 12.32 (First-degree felony punishment)

Even when someone is charged with a state jail felony, the case is still a felony, and that matters for your record, your rights, and your future.

## Why Galveston County Felony Drug Cases Get Filed So Often

Galveston County has a mix of highways, local roadways, tourist areas, and neighborhoods where traffic stops happen constantly. Many felony possession cases begin with:

- A traffic stop on I-45 or nearby routes
- A stop for speeding, a broken taillight, or lane issues
- A stop based on “odor” allegations
- A consent search request
- A roadside detention that turns into a vehicle search

Drug arrests also happen after calls for service, including:

- Domestic disputes
- Welfare checks
- Noise complaints
- Apartment complex reports
- Hotel calls

Once police enter a car or a home, even small quantities can lead to serious charges.

## How Felony Drug Possession Investigations Usually Start

Most felony possession cases follow a predictable pattern.

**Step One: The Stop Or Contact**

An officer makes contact during a stop, call, or encounter. If the stop was not legal, everything that follows may be challenged under the Fourth Amendment.

**Step Two: Questions And Field Tactics**

Officers often try to build suspicion by asking questions such as:

- “Do you have anything illegal?”
- “Do you mind if I search?”
- “When is the last time you used drugs?”
- “Whose bag is that?”

They may also try to separate occupants and compare stories.

**Step Three: Search And Seizure**

Searches may happen based on:

- Consent
- Claimed probable cause
- A search warrant
- Arrest-based searches

If the search violated the law, we may file a motion to suppress evidence.

**Step Four: Arrest And Booking**

Once drugs are found, the officer may arrest immediately, even if ownership is unclear.

**Step Five: Lab Testing**

The State must prove the substance is actually illegal. Field tests can be wrong. The official lab results matter.

## Key Defense Options In Felony Drug Possession Cases

Every case is different, but strong defenses often come from the same pressure points: the stop, the search, the proof of possession, and the evidence chain.

**Challenging The Stop (Illegal Detention)**

If the traffic stop or detention was unlawful, the evidence may be suppressed. Suppression means the prosecutor may lose the main evidence needed to proceed.

**Challenging The Search (No Consent, No Probable Cause, No Warrant)**

Police do not get unlimited authority to search cars and homes. A search must be justified by a valid legal basis.

Common issues include:

- Consent was not voluntary.
- Consent was coerced or pressured.
- The officer exceeded the scope of consent.
- The officer claimed probable cause without facts
- A warrant was defective or based on unreliable claims.

**Attacking “Possession” Proof**

We focus heavily on whether the State can prove:

- Knowledge of the substance.
- Control over the substance.

If drugs were in a shared vehicle, shared home, or an area that multiple people could access, the case may be defensible.

**Evidence Chain Of Custody Problems**

If the evidence was mishandled, mixed up, or poorly documented, the case becomes weaker. The State must be able to show that the substance seized is the same substance tested and presented in court.

**Lab Testing Issues**

The lab must confirm:

- the substance identity
- the weight

Weight disputes can be case-changing because weight controls the felony level.

## How Prior Convictions Can Increase The Stakes

A prior record can affect bond, plea negotiations, and sentencing exposure. In some situations, prior convictions may increase punishment ranges or reduce eligibility for certain programs.

Even without an enhancement, prosecutors often treat repeat accusations more aggressively.

## What You Should Do Immediately After A Felony Drug Possession Arrest

Early decisions can shape the entire case.

We recomm