Best Dallas Criminal Lawyers

 

What makes the best Dallas criminal lawyers?  D magazine comes out with a list of best Dallas lawyers and the best Dallas criminal lawyers are included. In the dynamic and often intense arena of criminal law, being a proficient attorney requires a unique blend of skills, knowledge, and character. Here are some of the qualities that make a good criminal lawyer.

1. Expertise in Texas Law

A good criminal lawyer must have a deep understanding of the state’s legal system, including statutes, case law, and court procedures. Texas law can be complex and nuanced, so lawyers need to stay abreast of updates and changes to ensure they provide the most effective representation for their clients.

2. Trial Experience

Criminal cases often go to trial, making trial experience a valuable asset for any criminal lawyer. From jury selection to presenting evidence and cross-examining witnesses, a skilled trial lawyer can make a significant difference in the outcome of a case. Experience in the courtroom builds confidence and enhances a lawyer’s ability to navigate the intricacies of trial strategy. Trial experience also helps a criminal lawyer get the best plea deal for the client. If the prosecutor knows his opponent has great trial experience they usually take that into account on how reasonable they make their plea offer.

3. Strong Advocacy Skills

Advocacy is at the heart of a criminal lawyer’s role. The best Dallas criminal lawyer should be able to articulate arguments persuasively. Effective communication skills are essential for negotiating plea deals, presenting cases to judges and juries, and advocating for clients’ rights at every stage of the legal process.

4. Attention to Detail

In criminal law, the devil is often in the details. The best Dallas criminal lawyers carefully review evidence, pore over legal documents, and identify potential weaknesses in the prosecution’s case. A keen eye for detail can make the difference between a successful defense and a missed opportunity.

5. Empathy and Compassion

While criminal lawyers are tasked with defending their clients vigorously, they must also demonstrate empathy and compassion. Many clients facing criminal charges are experiencing profound stress and uncertainty, and a good lawyer should be able to provide not only legal guidance but also emotional support during difficult times.

6. Integrity and Ethics

Integrity is non-negotiable for a good criminal lawyer. Upholding the highest ethical standards is essential for maintaining the trust of clients, colleagues, and the courts. A lawyer who operates with integrity earns respect and credibility within the legal community and can better serve the interests of their clients.

7. Adaptability

The legal landscape is constantly evolving, and successful lawyers must be adaptable to change. Whether it’s new legislation, shifts in case law, or changes in courtroom procedures, the best Dallas criminal lawyers are able to adapt their strategies and tactics to navigate emerging challenges effectively.

8. Tenacity and Perseverance

Criminal cases can be lengthy, complex, and emotionally draining. A good lawyer must possess the tenacity and perseverance to see a case through to its conclusion, even in the face of setbacks or obstacles. Maintaining a steadfast commitment to achieving the best possible outcome for the client is paramount.

 

April 20, 2024 Uncategorized Comments Off on Best Dallas Criminal Lawyers

What are the Defenses to Hit and Run Charges

 What are the defenses to hit and run charges in Texas. That is the question anyone ask that is charged with hit and run charges in Texas.  The defenses to a hit and run charge can vary depending on the circumstances of the case. Some potential defenses might include:

  1. Lack of Knowledge: If the driver genuinely didn’t realize they were involved in an accident, the evidence may show a driver may not realize what happened.  For example, if they thought they hit an object like a pothole rather than a person or another vehicle.
  2. Lack of Intent: If the evidence shows that the driver didn’t intend to flee the scene but left due to a reasonable fear for their safety or other extenuating circumstances, they might have a defense.
  3. Duress or Necessity: If the driver left the scene under duress (e.g., someone threatened them) or out of necessity (e.g., to seek immediate medical attention), they might have a viable defense.
  4. Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the defendant was the driver who fled the scene, a mistaken identity defense could be raised.
  5. No Damage or Injury: If there was no damage to property or injury to individuals, the defendant might argue that there was no legal obligation to stop, though this defense is typically weaker if the accident involved a vehicle.
  6. Emergency Situations: If the driver fled the scene to seek help for injured parties or to prevent further harm, they might have a defense based on the emergency nature of the situation.
     If you have been arrested or investigated for Texas hit and run charges, contact a criminal attorney as soon as possible. If a detective calls or comes by your house to ask questions about an accident do not talk to him. Politely tell the detective you want to consult a lawyer. This is your constitutional right. The officer should understand, and a jury will understand. If you hire the right lawyer.

April 19, 2024 Uncategorized Comments Off on What are the Defenses to Hit and Run Charges

Texas Hit-And -Run

In Texas, leaving the scene of an accident, commonly referred to as a hit-and-run, is a serious offense. The penalties for leaving the scene of an accident vary depending on the circumstances, such as whether there was only property damage or if there were injuries or fatalities involved.

  1. Property Damage Only: If the accident involves only property damage (no injuries or fatalities), leaving the scene of the accident is a misdemeanor offense. The penalties for this offense can include fines of up to $5,000 and/or up to one year in jail.
  2. Injuries: If the accident involves injuries to another person, leaving the scene of the accident is considered a felony offense. If the victim experienced pain but didn’t suffer serious bodily injury the range of punishment is up to five years in prison or up to a one year in the county jail.  A person can also receive probation and a fine up too $10,000.
  3. Fatalities: If the accident results in the death of another person or causing serious bodily injury leaving the scene of the accident is a second degree. The penalty range is two to twenty years and a fine up to $10,000.

The accident does not have to be caused by the person who left the scene to be charged with a criminal case. The accident may be the fault of the person who was killed or injured, but all parties involved must remain at the scene.

Additionally, regardless of whether the offense is charged as a misdemeanor or a felony, leaving the scene of an accident can result in the suspension or revocation of the driver’s license.

It’s important to note that a person can receive deferred probation for a hit-and- run offense. If a person successfully makes it through deferred probation, then the case is dismissed.

If you are arrested or investigated for a hit and run crime in Texas, you need to speak to an experienced criminal attorney right away. You may have very good defenses to the charge. A criminal attorney can advise of the available defenses and directly deal with the police.

 

April 15, 2024 Uncategorized Comments Off on Texas Hit-And -Run

Is Voyeurism a Crime in Texas

Is Voyeurism a crime in Texas? Yes, it is. Under Texas law voyeurism becomes a crime when a person secretly observes or spies on individuals without their consent. Individuals who commit this crime are also called Peeping Toms. In Texas, voyeurism is considered a criminal offense and is addressed under specific statutes aimed at protecting individuals from unwanted surveillance and invasion of privacy.

Under Texas law, voyeurism is defined as the act of observing, photographing, recording, or transmitting visual images of another person without their consent and with the intent to arouse or gratify the sexual desire of any person. This includes observing individuals in private settings such as bathrooms, dressing rooms, or private residences, where they have a reasonable expectation of privacy.

Key Elements of Voyeurism: To prove voyeurism in Texas, certain key elements must be established:

  1. Observation: The defendant must have intentionally observed or recorded another person without their consent.
  2. Lack of Consent: The victim must not have consented to being observed or recorded in the manner alleged.
  3. Intent: The defendant must have acted with the intent to arouse or gratify sexual desire or to invade the privacy of the victim.

Voyeurism is considered a criminal offense in Texas and is typically classified as a Class C misdemeanor for a first offense. However, subsequent offenses or instances involving certain aggravating factors may result in more severe penalties. If the victim is under the age of 14 the crime is a state jail felony.

The Texas law voyeurism now includes observing someone remotely through electronic means. Under the Texas voyeurism observing people using drones can be prosecuted if they are doing t arouse sexual gratification.

Penalties for voyeurism in Texas may include fines, community service, probation, and even incarceration, depending on the specific circumstances of the case and the defendant’s criminal history. If you are arrested or being investigated for voyeurism hire a criminal lawyer immediately.

March 31, 2024 Uncategorized Comments Off on Is Voyeurism a Crime in Texas

Statute of Limitations for Sexual Assault of Adults in Texas

In Texas, the statute of limitations for rape, also known as sexual assault, varies depending on the severity of the offense and the age of the victim.

For cases involving sexual assault where DNA evidence is collected and preserved, there is no statute of limitations. This means that charges can be brought at any time, regardless of how much time has passed since the commission of the crime. Today we see prosecutors bringing cold case sexual assault charges involving rape accusations that were reported 20 0r 30 years ago based on DNA matches. Law enforcement has used DNA ancestry test into cold case crime solving tools.

For cases involving sexual assault where the victim is an adult at the time of the offense, the statute of limitations is typically 10 years from the date of the offense. However, this time limit may also be extended if DNA evidence is collected and preserved.

There is no statute of limitations for aggravated sexual assaults. An aggravated sexual assault occurs when the victim has severely injured or threatened with a deadly weapon. Aggravated sexual assault also includes cases where the victim is mentally or physically incapacitated.

Another scenario where there is no statute of limitations is when the same suspect is a serial rapist. Specifically, when there are 5 or more victims who have been sexually assaulted in the same or similar manner.

If you are investigated or arrested for a sexual assault charge, contact a criminal attorney as soon as possible. Do not talk with the police until you have spoken with a criminal attorney.

 

 

March 17, 2024 Uncategorized Comments Off on Statute of Limitations for Sexual Assault of Adults in Texas

Texas Stalking Law

Texas Stalking Law is a felony that involves harassing or following someone repeatedly, in a way that causes them emotional distress or fear of death or bodily injury. In Texas, stalking is a criminal offense that can result in severe legal consequences.

Texas Stalking Law:

Under Texas law, stalking is defined as the repeated and willful harassment of someone that causes them to feel threatened or frightened. This harassment can take many forms, such as following someone, making unwanted contact, sending threatening messages or gifts, or damaging property. To be charged with stalking in Texas, the following elements must be met:

  1. The defendant engages in conduct that causes the victim to feel harassed, alarmed, or fearful for their safety or the safety of others.
  2. The conduct is intentional or knowing.
  3. The conduct occurs on two or more occasions.
  4. The conduct would cause a reasonable person to feel harassed, alarmed, or fearful.

Possible Defenses for Stalking:

There are several defenses that a defendant may use to fight stalking charges in Texas. These defenses include:

  1. Lack of Intent: A defendant may argue that they did not intend to cause the victim to feel harassed, alarmed, or fearful. For example, if the defendant did not know their behavior was causing the victim to feel threatened or frightened, they may argue that they did not have the necessary intent to be guilty of stalking. The facts may allow an experienced criminal attorney argue that the defendant’s actions shouldn’t have been interpreted as a threat.
  2. No Repeated Conduct: To be charged with stalking, the defendant’s conduct must occur on two or more occasions. If the defendant can show that their behavior did not occur on multiple occasions, they may be able to avoid a conviction for stalking.
  3. False Allegations: In some cases, the victim may make false allegations of stalking. If the defendant can prove that the victim is making false claims, they may be able to avoid a conviction.
  4. Legitimate Purpose: If the defendant can demonstrate that their behavior had a legitimate purpose, they may be able to avoid a conviction for stalking.
March 5, 2023 Uncategorized Comments Off on Texas Stalking Law

How Does the Statute of Limitations Work

How does the statute of limitations work in Texas law? Most people have heard about the statute of limitations in criminal cases. How they apply to a particular criminal case can be confusing. The statute of limitations is the time period the police or prosecuting agency has to charge a person with a crime. Once that time period passes the person can no longer be charged with that particular crime.

The statute of limitations starts counting down for a crime when the alleged offense occurred. The length of statute of limitations depends on what crime is alleged. Misdemeanors have a two-year statute of limitations. The statute of limitations for felonies are more complicated. The general rule is a 3-year statute of limitations. For crimes like robbery and felony theft the time length is 5 years. For crimes like financial fraud and identity theft the statute of limitations is 7 years. Forgery and arson have a 10-year statute of limitations. There is no statute of limitations for violent crimes such as murder, manslaughter, aggravated sexual assault, and sex crimes against children.

The counting of the statute of limitations is paused when the prosecutor’s office brings a criminal charge. That is done by indictment or information. The counting doesn’t start up again until the case is dismissed. The official name for the statute of limitations being paused is tolling or tolled.

There is one way to get a case dismissed after the prosecution brings and indictment or information. A criminal lawyer can file a motion to have a case dismissed. This happens if there has been a long delay by the government between bringing the charge and a court date. The burden is on the defense and is hard to prove enough harm to cause a judge to dismiss the criminal case.

The other way the statute of limitations is paused or tolled is if the defendant has left the state. If a person flees the jurisdiction to avoid prosecution, the statute of limitations is paused. The law doesn’t reward people who avoid prosecution by going on the run.

If you are charged with a criminal charge in Texas and want to know how the statute of limitations work in Texas contact an experienced criminal attorney. A good criminal lawyer can explain how the statute of limitations works in Texas and anything else that is important about your case.

February 21, 2023 Uncategorized Comments Off on How Does the Statute of Limitations Work

The Texas Accomplice Law

The Texas Accomplice law can have serious consequences. I recently answered the question, ” When can I be charged as an accomplice?” I went over how  a person could be held criminally liable as an accomplice under Texas law.  The Texas accomplice law can even lead to a person being charged with a crime he never had the intent to commit.

Let’s again take the example of Joe, Pete and Luke deciding to rob a 7 Eleven. Same plan as before. Joe will drive the car; Pete will have the gun and Luke will grab the money. No one ever mentions shooting anybody. They just want to get the money and get out. However, things go south when the actual robbery goes down.

Joe is waits in the parking lot with the car running. He is ready for a quick getaway. Pete goes in the store and points the gun at the clerk and demands the money in the cash drawer. The clerk opens the cash register but when Luke comes around the counter to grab the money the clerk suddenly hits Luke in the face. Luke falls to the ground and Pete pulls the trigger and shoots the clerk. The clerks falls to floor and dies. Luke and Pete run out of the store without getting any money and jump in the car with Joe. Joe drives off fast.

They get two blocks away and get stopped for speeding. The police spot the gun and can smell gun powder. The police are notified about the 7 eleven robbery.  The police arrest all three men. Under the Texas accomplice law Joe, Pete and Luke will be charged with Capital Murder. Joe and Luke can be charged with Capital Murder even though they didn’t have gun and there was no agreement to shoot the clerk.

Under the Texas accomplice law, “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.”

So, in our example, Joe and Luke should have anticipated that when Pete brought a loaded gun to rob a store clerk, they should have anticipated someone could get shot and killed.

February 14, 2023 Uncategorized Comments Off on The Texas Accomplice Law

When Can A Person Be Charged As An Accomplice

When can a person be charged as an accomplice? In Texas, a person can be arrested and charged as an accomplice if they aided or assisted in the commission of a crime, or if they advised or encouraged the commission of a crime.

To convict a person as an accomplice, the prosecution must prove beyond a reasonable doubt that the person:

  1. Intentionally aided or assisted in the commission of a crime, or
  2. Intentionally advised or encouraged another person to commit a crime.

Additionally, the prosecution must also prove that the principal (i.e., the person who actually committed the crime) actually committed the crime.

The evidence that may be used to prove that a person is an accomplice can include:

  1. Eyewitness testimony,
  2. Physical evidence (such as fingerprints, DNA, or other forensic evidence),
  3. Confessions or admissions of guilt,
  4. Circumstantial evidence (such as the presence of the accomplice at the scene of the crime),
  5. Financial or other transactions that suggest a link between the accomplice and the commission of the crime, and
  6. Evidence of prior statements or conduct that suggest the person had knowledge of or involvement in the commission of the crime.

It’s important to note that a person can be convicted as an accomplice even if they did not physically participate in the commission of the crime, as long as they aided, assisted, advised, or encouraged the commission of the crime.

The accomplice law holds everyone who participated in a crime responsible. For example Joe, Pete and Luke decide to rob a 7-Eleven. They decide Joe will be the getaway driver, Pete will have the gun and Luke will grab the money. They go to the store, Joe drives and stays outside with the car running and Pete walks to the counter, points his gun at the store clerk and says give me your money. Luke runs behind the counter and grabs the cash. Luke never says a word. Pete and Luke run to the car, and they all drive away.

They get about two blocks and the police stop them for speeding and see the gun and cash in the front seat. The police hear the call about the robbery and quickly make an arrest . All three will be arrested and charged with the crime of Aggravated Robbery. It doesn’t matter that Joe and Luke never had a gun. They all participated in the crime.

Once the case gets to the prosecutor Joe, Pete and Luke may get different plea offers and all have different outcomes in their cases. It all depends on all the facts and their criminal background. The law is called the Law of Parties in the Texas Penal code. Anyone person arrested as an accomplice should hire an experienced criminal attorney right away. A good criminal lawyer will research the facts. The attorney can then decide how to deal with the case. The sooner the lawyer is hired the better.

 

February 10, 2023 ACCOMPLICE, Uncategorized Comments Off on When Can A Person Be Charged As An Accomplice

Hindering Apprehension or Prosecution

In Texas, the crime of hindering apprehension or prosecution, also known as hindering prosecution, is defined as intentionally obstructing, impeding, or preventing the arrest of another person with the knowledge that the person committed an offense.

This crime is a class A misdemeanor which carries a maximum penalty of one year in jail and a fine up to $4,000. The crime is a third-degree felony if the person who the police were trying to arrest was wanted for Failure to Register as a Sex offender. The penalty range in that case would be two to ten years in prison and a fine up to $10,000.

To convict a person of hindering apprehension or prosecution in Texas, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant knowingly obstructed, impeded, or prevented the arrest of another person.
  2. The defendant had knowledge that the other person had committed an offense.
  3. The defendant acted with the intent to hinder the apprehension or prosecution of the other person.

To prove this crime the prosecution may use evidence such as the defendant’s statements, eyewitness testimony, police officer’s testimony and information taken from the defendant’s cell phone or other devices.

Examples of the criminal offense of hindering apprehension in Texas law include:

  1. Hiding or concealing a person who has committed a crime to prevent their arrest.
  2. Providing false information to law enforcement during an investigation to protect the person who committed the crime.
  3. Destroying or altering physical evidence related to a crime to prevent its use in an investigation or prosecution.
  4. Tampering with or influencing a witness to prevent them from cooperating with law enforcement or testifying truthfully in court.
  5. Warning the wanted person of impending discovery or arrest.
February 7, 2023 LEGAL COMMENTARY, Uncategorized Comments Off on Hindering Apprehension or Prosecution