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Superior Criminal Defense Since 1989
Protecting your rights since 1989
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San Antonio Criminal Defense Law Blog

Defense claims that man is not competent to face felony charge

Unfortunately, there are many individuals across the United States who are suffering from serious mental illnesses and are unable to receive adequate treatment. In some instances, a serious mental illness may cause an individual to act in such a way that they have little to no control over. The case of a 19-year-old Texas man facing a felony charge has been in limbo for the past two years as his mental competency has been thoroughly investigated.

Roughly two years ago, a 911 operator received a call from the then 17-year-old boy who reported that his mother and sister were dead. While on the phone with 911, he allegedly admitted to killing both of them. Although he was indicted on murder charges in 2012, he has yet to stand trial.

When can I be charged with a DWI?

It is well known that driving while under the influence of drugs or alcohol is illegal in Texas and across the United States. However, what exactly constitutes a DWI charge may be less clear. While blood alcohol concentration can play a role in whether you'll have to face charges for drunk driving, it is not the only factor that is taken into consideration.

Breathalyzers and blood tests are both considered chemical testing, and under the implied consent law, drivers must submit to this type of testing if under the suspicion of drunk driving. For adults, which the law considers to be 21 years for the purpose of drunk driving, the legal limit for a BAC is .08 percent. However, in some instances, even a BAC below the legal limit may contribute to a DWI charge. Conversely, chemical testing is not the only means to determine suspected drunk driving.

One Texas County DA to allow pass on first-time pot drug charges

The legal system is supposed to be designed to improve society for all people. This is why district attorneys have discretion over how to pursue each criminal case. Many times, it does not make sense to send somebody to prison for certain non-violent drug charges. One district attorney for a county in Texas seems to believe this and is now looking to allow some people to escape facing charges for marijuana.

The district attorney of this county has recently announced that the department will soon begin allowing first-time offenders who are caught with only small amounts of the drug to avoid criminal charges. The first-time offenders will have the choice to either perform eight hours of community service or to complete a class on drug awareness. The district attorney believes that this policy will help prevent people from constantly going in and out of the criminal justice system.

Apparent bank fraud ring indicted on federal charges

Federal authorities in Texas recently broke up what they say was a relatively elaborate fraud scheme. A total of 16 people were indicted following arrests, and they have been accused of committing bank fraud to the tune of $1.3 million. Those arrested face a combined total of 76 counts of federal charges.

Those involved apparently stole most of their information from cars that were parked in public places. Federal authorities claim that the accused individuals  were able to steal various personal items, such as purses and wallets, as well as other critical identify information, including checks. Stolen checks were then allegedly cashed in at banks.

Adrian Peterson facing state crime charges for alleged abuse

American parents are generally left to discipline any children they have as they deem necessary or fit. However, in some situations, a parent may be accused of straying beyond reasonable discipline and subsequently face state crime charges for the alleged incident. In Texas, NFL player Adrian Peterson faces a charge of injury to a child and will soon be headed to court.

Apparently, Texas may be more lenient than other states when it comes to spanking a child. However, that didn't stop Peterson from being charged for an incident in which he apparently disciplined his son with a switch, which is simply a slim tree branch that has had its leaves stripped off. Peterson claims that he himself was disciplined in a similar manner as a child.

Possession with intent to distribute charge often misused

Most people in Texas are likely aware of the war on drugs that both the federal and state governments are currently waging. While they are undoubtedly acting in such a way that they believe protects citizens, some people are getting caught in the crossfire and are facing inappropriate charges. In some instances, individuals are being charged with possession with intent to distribute when it is otherwise clear that the charges are not appropriate for the situation or the evidence.

False accusations by those deeply involved with the war on drugs can result in someone who should only be charged with drug possession facing serious and life-altering charges instead. Intent to distribute is handled seriously by the courts, and the consequences can be steep. If convicted, anything from a past criminal record, where you were at the time of the arrest or what type of drug you were accused of having can alter the consequences.

Sex crimes can include solicitation of prostitution

While the term solicitation can refer to either criminal solicitation or solicitation of prostitution, it is most commonly associated with sexual solicitation. Alleged sex crimes that you can be arrested for in Texas include this type of solicitation. However, simply requesting paid sex from another individual is not enough to be charged with soliciting prostitution.

Along with the request to engage in sex for compensation, there must also be intent. This means that if an individual attempts to solicit prostitution from another person, but does not actually intend to engage in the activity or follow through on an offer, then they may not be charged with solicitation. While intent is required to accuse an individual of solicitation, actually engaging in a criminal activity is not.

Father of affluenza teen arrested on state crime charges

After a June 2013 wreck, a Texas family became associated with the term “affluenza,” which was coined to describe someone having little ability to determine between right and wrong due to wealth and privilege. Though it was the family’s teenage son who was involved in that instance, his father was recently arrested for allegedly impersonating a police officer. He is now facing state crime charges but is out on bond.

For those who may not remember, we last discussed the affluenza teen’s case on Dec. 19, 2013 ( “Texas prosecutors try to get drunk driving teen sentenced to jail”). When police recently showed up to a call in a residential area, they were apparently approached by the teen’s father. At the time, he claimed to be a reserve officer from another area. Police further allege that he even produced a police badge that appeared to be real.

Man begins criminal defense in 1983 murder case

After 31 years, a man has been arrested and accused of being involved in a murder. Supposedly, upgrades in fingerprint database software were able to find a match to prints found at the 1983 crime scene. The man was arrested in his home state, but he is expected to be extradited to Texas within a week to begin his criminal defense.

Back in 1983, a San Antonio businessman was found stabbed to death in a hotel room in Denton. The 42-year-old businessman was supposedly stabbed around 35 times, all over his body. The investigators took DNA evidence from the victim's fingernails as well as in the hotel shower, and they also found fingerprints. The investigators also made a sketch of the possible suspect, but neither a suspect nor a murder weapon was discovered at that time.

State crime charges dismissed for woman accused of vandalism

That act of toilet-papering a friend or neighbor’s home during a sleepover, generally intended as a prank, may not be an unfamiliar act to some individuals. Despite that, a Texas woman was charged with vandalism for allegedly helping a group of kids do just that. However, the state crime charges that she faced were recently dismissed.

The incident reportedly occurred while a group of middle-school students were participating in a sleepover. The woman apparently bought toilet paper in order for the girls to throw the product over the outside of the house that they were sleeping at. Condiments such as peanut butter and mustard were allegedly smeared over the residence. Officials claim that graffiti was also written in these condiments.

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