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Recent Blog Posts
You Have the Right to Remain Silent
Most of us are familiar with the phrase, “You have the right to remain silent. . .” especially if you are a fan of police TV shows. That is the first sentence of the Miranda Warning. This is the warning that law enforcement is required to give a suspect before interrogating them. What many suspects do not realize is that anything they say to police prior to being Mirandized can and likely will be used against them.
What Is the Miranda Warning?
Miranda rights or warning is a combination of the Fifth and Sixth Amendments of the U.S. Constitution. The Fifth Amendment protects a person from self-incrimination. The Sixth Amendment guarantees the right of every defendant to an attorney. When a person is read the Miranda Warning by a police officer, they are told:
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They have the right to remain silent
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If they give up that right then anything they say may be used against them
Avoiding a DWI During Thanksgiving Weekend
Thanksgiving is usually the kickoff for the winter holiday season. Historically, the day before Thanksgiving is known as one of the busiest travel days of the year as travelers take to the roads and the sky to visit family and friends near and far. It is estimated that more than 40 million people take to the roads for the Thanksgiving holiday.
Because so many people travel “home” for the holiday, the long Thanksgiving weekend is also a time when many friends get together at local pubs and restaurants, celebrating with mini reunions. It is not uncommon at any of these gatherings for there to be alcohol served. Unfortunately, getting behind the wheel of a vehicle after drinking can quickly “squash” your Thanksgiving weekend plans and leave you facing serious drunk driving charges.
Thanksgiving Alcohol Data
According to national statistics, the night before Thanksgiving is one of the biggest drinking nights of the year. The beer sales in bars throughout the country spikes more than 270 percent, while the sales of hard liquor increases by almost 115 percent. The tremendous increase in the number of patrons out drinking has led to the day before the holiday to be dubbed “Blackout Wednesday” referencing the “blacking out” many people experience due to excessive drunkenness.
DOJ Investigating Five Texas Juvenile Facilities Over Horrific Allegations
Under the Texas criminal justice system, when a minor has committed criminal offenses, jurisdiction falls under Texas Juvenile Justice Department (TJJD). The goal of the TJJD is to protect both the child’s interest and keep communities safe. Although the hope is to keep the child from being sent to a juvenile detention facility, there are many cases where the TJJD judge does sentence a juvenile offender to a detention facility.
Recently, the U.S. Justice Department (DOJ) announced that it is initiating an investigation into five facilities over allegations of physical violence, sexual abuse, and other mistreatment of minors being held at these locations.
Investigation Launched
According to the statement issued by the DOJ, the allegations came to the department’s attention through new reports, public documents, and social media posts. There was also information that came from people who work in the Texas prison systems relaying accounts of neglect of mentally ill detainees, sexual abuse, and horrific physical violence.
Solicitation of a Prostitute Now a State Felony Charge in Texas
A new law that went into effect last month in Texas significantly increases the charges that a person faces if they are arrested and charged with solicitation of a prostitute. That crime will now be charged as a state jail felony and the penalties for a conviction means a prison sentence and steep fines.
TX HB1540
For decades, the penalties for anyone arrested and convicted for prostitution were much more severe than for those charged with being a client. The person charged with prostitution was looked at as the criminal and could face jail time, while the client was usually only given a ticket, if anything at all.
However, over the past several years, law enforcement, lawmakers, and the public have come to believe that many people who engage in prostitution are not doing so willingly. Some may be victims of human trafficking who have been forced into prostitution. According to one major study, there are approximately 313,000 victims of human trafficking at any given moment in the state of Texas.
Does New Texas Bail Law Treat Poorer Defendants Unfairly?
In many criminal cases in Texas, when a person is arrested and charged with a crime, the judge will allow that person to be released on a personal bond, which means there is no collateral or deposit required. The defendant promises the court they will appear for all hearings regarding their case. They also are required to abide by all restrictions the court puts in place, as well as pay a personal bond fee within so many days following their release.
But that could all change for many defendants. Earlier this month, Governor Greg Abbot signed a new cash bail into law. The new law, which goes into effect on December 2, 2021, will make it more difficult for those accused of violent crimes to be released on bail while awaiting trial.
SB 6 - the Damon Allen Act
The new law was named after Texas State Trooper Damon Allen who was killed in the line of duty. In 2017, on Thanksgiving Day, Trooper Allen stopped a vehicle on Interstate 45 in Fairfield, Texas. As he was walking back to his patrol vehicle, the man he stopped fatally shot him with a rifle. The man accused of killing the trooper had a prior conviction of assaulting a police officer, and at the time of the shooting was out on $15,000 bond for new charges of aggravated assault on an officer and evading arrest.
New Texas Law Makes It Harder to Hold Trucking Companies Liable for Truck Accidents
Truck accident cases are one of the most complex personal injury cases that victims can pursue. One reason is that there is often more than one at-fault party that may be legally liable for the losses the victim suffers because of their injuries. For example, in a trucking accident caused by a truck driver who was speeding and unable to stop in time, the current laws say that not only would the truck driver be liable for the victim’s damages, but the trucking company that employs the driver would also be legally responsible. That law, however, changes as of September 1.
Texas House Bill 19
Under the new law, truck driver liability is now separate from any liability of the trucking company. Truck accident lawsuits will now be required to go through a bifurcated trial process. This means there will be two parts to a victim’s pursuit of damages. The first part of any action is only against the truck driver where the liability of the truck driver will need to be proven. If the victim is successful in proving the driver’s liability, the next step is determining what the victim’s compensatory damages are. Compensatory damages include actual damages, such as medical expenses and loss of income, and general damages, such as pain and suffering, emotional trauma, scarring, and disfigurement. The trucking company is not included in this first part of the victim’s lawsuit.
Undercover Drug Busts and Sting Operations in Texas
In 1971, President Richard Nixon introduced a national initiative to stop the production, distribution, and consumption of illegal drugs. The so-called “war on drugs” has led to increased police efforts to stop the spread of illicit substances throughout the country. Undercover drug busts and sting operations are two tactics police may use to find and arrest individuals who manufacture and deliver drugs. If you or a loved one were arrested on drug charges after being part of an undercover police operation, it is important to understand and assert your rights.
Can Police Lie About Being Police?
Police may use sting operations in an effort to catch criminal suspects red-handed. In the context of an undercover drug bust, this usually involves police officers masquerading as drug dealers. Contrary to popular belief, police officers do not have to tell you that they are police. They are fully permitted to lie about their identity in the execution of a sting operation. Many sting operations involve a police officer posing as a drug seller. When the unsuspecting subject of the sting operation hands over cash in exchange for the drugs, officers drop the act, announce that they are police, and arrest the individual.
What Should I Do If I Was Served with a Protection Order on False Accusations?
Being served with a protection order or restraining order can be a shocking experience. Often, restraining orders are issued when someone has been accused of domestic assault or another form of family violence against a current or former romantic partner, child, family member, or household member. The protection order may require the subject to relinquish possession of firearms, attend a domestic violence prevention program, and even prohibit the subject from entering his or her own home. If you have been served with a protection order in Texas, it is crucial that you understand your rights and obligations under the law.
What is a Protection Order?
A protection order is intended to protect victims of abuse and stalking against further mistreatment. However, it is possible for someone who has been falsely accused of domestic violence to find themselves the subject of a protection order.
Can Being a “Sugar Baby” or “Sugar Daddy” Lead to Prostitution Charges?
You may have heard the term “sugar daddy” in reference to a wealthy older man who dates younger women. Websites like Seeking Arrangements facilitate these relationships through online profiles. The profiles on websites like these are often less than subtle. It is often heavily implied or even outright stated that the man is looking to exchange financial assistance for sexual contact. Many wonder if this type of exchange may be considered prostitution.
Texas Ranks Among the Top States for Sugar Daddy Arrangements
According to Seeking Arrangements, Texas ranks fifth in the nation for the highest number of “sugar babies” on the website. Although sugar babies may be men or women, the majority are women in their 20s. Many young women are loaded with student loan debt and other financial obligations. Many struggle to meet the financial demands with a typical entry-level job. Drawn by the promise of easy money and glamour, some of these women turn to “sugaring.” Basically, the woman agrees to go on dates with a man in exchange for money, gifts, or help paying the bills. Some insist that the arrangement is strictly about companionship while others admit that the relationship mainly involves exchanging sexual contact for money or property.
Can I Sue If My Loved One Died in a Fatal Truck Crash in Texas?
Unfortunately, the Lone Star State leads the country in fatal commercial truck accidents. In 2018 alone, over 600 individuals lost their lives in crashes involving large trucks in Texas. If your loved one was killed in a commercial truck wreck, it is important to know your legal options. You may be able to hold the trucking company or other liable parties accountable for your tragic loss and recover monetary damages through a truck crash injury lawsuit.
Who is Legally Responsible for My Loved One’s Death?
Many truck crashes are preventable. Distracted driving including using a cellphone while driving, fatigued driving, speeding, and driver inattention are just some of the causes of truck crashes. Truck wrecks may also be caused by inadequate truck maintenance, faulty truck parts, improper loading and securement of truck cargo, and more. If your loved one died because of another party’s careless or irresponsible actions, it is understandable that you want to hold that party accountable. The liable party in a truck wreck may be the:
