The Law Office of Anthony B. CantrellSan Antonio Criminal Attorney | DWI, Drug Crimes, Assault Defense2024-03-06T21:53:44Zhttps://www.anthonycantrell.com/feed/atom/WordPress/wp-content/uploads/sites/1401935/2020/06/cropped-favicon-32x32.pngOn Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520462024-03-06T14:23:30Z2024-03-06T14:23:30Zoverall violent crime rates of the last 50 years.
Why is there a mismatch between perception and reality?
Recent issues caused cultural trauma
2020 saw an uptick in certain types of criminal activity and major media focus on these issues. The average major media outlet may still focus on these issues without disclosing how crime rates have declined in the last few years.
Even though crime rates have dropped since 2020, many people still labor under the misconception that it is less safe in the United States now than it was just a few years ago. News outlets have contributed to these social fears. Major news outlets often fixate on crimes because they draw more attention from the public. High-profile murders and other violent crimes make people feel unsafe even when those criminal acts are statistical anomalies or occur across the country.
Even though the chances of someone experiencing a violent crime are lower in 2024 than people might realize, members of the public could be more likely to call the cops on others and report them for actions that are not actually crimes. They might also be more likely to react to a situation aggressively in an attempt to defend themselves, their property or other people.
Personal perception largely determines how people experience reality. The idea that violent crime has gotten worse can affect everything from the behavior of people in a neighborhood to the sentences imposed by judges hearing criminal cases. Additionally, understanding how social trends could affect the violent criminal allegations against an individual may help them to plan a better response to their pending charges.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520422024-02-21T17:30:53Z2024-02-21T17:30:53ZTexas’ violent crime statistics in national context
When evaluating Texas’ crime landscape, it’s crucial to contextualize its violent crime statistics within the broader national framework. According to data from various sources, Texas consistently ranks among the states with higher violent crime rates. The term “violent crime” encompasses offenses such as:
Murder
Robbery
Aggravated assault
In addition to violent crimes, The Lone Star State grapples with various other offenses that impact communities across the state. Property crimes, including burglary, theft and motor vehicle theft, are among the most prevalent non-violent crimes in Texas.
Property crime rates vary across different state regions. Urban areas like Houston, Dallas and San Antonio often experience higher property crime rates than rural areas. Texas’ proximity to the U.S.-Mexico border also introduces unique challenges related to cross-border crime, drug trafficking and crimes against persons.
Most dangerous Texas cities
While crime rates vary across different regions of Texas, certain cities stand out for their higher incidence of violent and property crimes. Cities such as Houston, Dallas and San Antonio consistently rank among the state’s most dangerous cities in terms of crime rates per capita. Factors contributing to these cities’ higher crime rates include socioeconomic disparities, gang activity, drug trafficking and a higher population growth rate.
If you’ve been charged with a violent or non-violent crime in San Antonio or other regions within the state, it can help to seek legal support. A skilled legal team can potentially minimize your risk of incurring penalties and help you to effectively navigate the criminal justice system.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520402024-01-19T18:39:28Z2024-01-19T18:39:28ZThe castle doctrine
Despite what some people may claim, the castle doctrine does not take its name from a popular comic book character known for doling out violent punishment to criminals. Instead, the name comes from the colloquialism that a man's home is his castle.
An individual has the right to defend their residence when other people illegally enter it and seemingly have criminal intent toward the owner, the other occupants or the property itself. Under the castle doctrine, there is no requirement for an individual in their own home to attempt to retreat or flee the situation before using physical force.
If the situation seems like it poses an imminent threat, the homeowner or occupant may have the legal right to use the degree of force they feel necessary to protect themselves and their loved ones. The castle doctrine even authorizes the use of deadly force when the threat seems significant enough to warrant it.
The stand your ground law
Texas is one of the 38 states in the country that recognize the right to stand one's ground when acting in self-defense. This statute effectively permits an individual to use lethal force to defend themselves when in a public space if they are legally in that location and have not committed a crime or provoked the other party. They do not have a duty to try to leave the situation if they truly believe that they are at immediate risk.
When someone's defense strategy hinges on the stand your ground law or castle doctrine, they likely need support preparing for trial to protect themselves against worst-case scenarios in which they could serve years in prison. In this way, learning the basics about the Texas state’s approach to self-defense may benefit those accused of harming other people.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520192024-02-28T21:55:28Z2024-01-04T14:40:55ZThe burden of proof falls to the prosecutor
Those accused of criminal actions benefit from a presumption of innocence enshrined in Texas state law. Police officers arresting them and prosecutors bringing charges against them do not justify treating an individual as though they have committed a crime. The courts and the public must still operate under the assumption that someone is innocent.
Prosecutors must gather enough evidence to prove their allegations and also need to present that evidence in a way that convinces the courts of someone's criminal activity. Texas state law clarifies what proof beyond a reasonable doubt actually means.
Prosecutors must not only connect an individual to a criminal incident but also need to establish that the circumstances meet every component of a specific criminal offense. For example, an incident leading to someone's death could lead to homicide prosecution. The prosecutor would need to prove not only that the defendant caused the death of another person but that the circumstances meet each of the requirements for the type of homicide charge the state pursued.
The evidence must clearly convince judges or jurors that the defendant committed the crime and that there is no reasonable doubt about whether or not they are innocent. That standard can be quite difficult to meet. Alternative explanations and questions about the accuracy of evidence can be enough to generate a reasonable doubt about someone's guilt.
Those who partner with criminal defense attorneys can potentially undermine the state's case and avoid a conviction. Knowing what prosecutors must prove may give people the courage to fight back when they face criminal accusations in Texas.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520172024-01-02T12:21:07Z2024-01-02T12:21:07ZSuspension terms depend on a driver's record
License suspension creates a variety of different challenges. In some cases, people may not be able to do their jobs at all if their work requires a commercial driver's license. Even getting to work or taking care of family members can become more difficult and expensive when someone cannot drive themselves places.
How long someone must pay for rideshare services or rely on others for transportation depends in no small part on their driving history. A first DWI charge could lead to a suspension of someone's driver's license for up to a year. Second and subsequent offenses can cost someone their license for up to two years.
The courts can also order someone to install an ignition interlock device (IID) in their vehicle. These devices require that someone test their blood alcohol concentration (BAC) before starting their vehicle. In some cases, people may qualify for special occupational licenses to drive for work. Certain factors, like secondary charges related to causing a crash or refusing to perform a chemical test, could increase the possible penalties.
For many people accused of a DWI offense in Texas, minimizing license penalties is a close second priority after avoiding jail time, if possible. Reviewing the state's case with a skilled attorney can help someone accused of a DWI determine what defense strategy could work in their case.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520152023-11-21T00:52:20Z2023-11-21T00:52:20ZHow did the state increase the penalties possible?
Those who deliver fentanyl to others can face enhanced penalties under the new law. Even possession of larger amounts could lead to more serious charges and penalties. Low-level manufacturing and trafficking charges involving less than one gram of fentanyl will go from a state jail felony to a third-degree felony offense.
Someone caught with between 200 and 400 grams of fentanyl will face first-degree felony charges. The charge carried a 10-year minimum prison sentence but could result in up to life in prison, as well as $100,000 in fines. If the amount in someone's possession is more than 400 grams, the mandatory minimum sentence increases to 15 years, while the fine goes up to $250,000.
Those implicated in an overdose case could face murder charges. People who manufacture or deliver fentanyl in a situation related to an overdose could face second-degree felony charges. If a toxicology report after someone's hospitalization or death shows fentanyl in their body, that may trigger an investigation that leads to the prosecution of the individuals who manufactured or distributed the drugs they consumed.
Even situations involving fentanyl contamination in other drugs could lead to someone's prosecution for a fentanyl offense in Texas. Fighting back against Texas drug charges at a criminal trial may be one of the only ways to avoid the increasingly harsh penalties assessed for controlled substance violations involving this particular drug.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520132023-10-30T16:35:05Z2023-10-30T16:35:05ZSection 545.401 of the Texas Transportation Code. It states that a person commits an offense if they drive a vehicle in "willful or wanton disregard for the safety of persons or property."
This definition is intentionally broad to encompass various behaviors that put others at risk on the road, but that can make it hard for people to understand what sort of actions could cause them to face charges that, if they’re convicted, could result in a 30-day jail sentence and a $200 fine.
Common examples of reckless driving
A reckless driving charge can be based on the subjective opinion of the arresting officer, but you’re more likely to face this for things like:
Excessive speeding: Driving at speeds significantly above the posted speed limits or at speeds unsafe for the current road and weather conditions
Aggressive driving: Aggressive behaviors such as tailgating, weaving in and out of traffic, and road rage incidents
Street racing: Engaging in illegal street racing or any form of speed competition on public roads
Drunk or drugged driving: Operating a vehicle while impaired by either drugs or alcohol
Running red lights and stop signs: Disregarding traffic signals and signs can have serious consequences
Distracted driving: Trying to manage personal grooming, using a handheld cellular device to send a text or check social media or generally not paying attention to the road
Evading a traffic stop: Attempting to flee when a police car signals you to pull over for a traffic stop
Wrong-way driving: Driving in the opposite direction of traffic on one-way streets or highway ramps
School zone violations: Trying to pass a school bus when students are trying to load or unload, or racing through a school zone during school hours
Overloaded vehicles: Carrying an unsecured, top-heavy or badly secured load on the back or top of a vehicle that could easily fall off while in motion
Ignoring emergency vehicles: Failing to yield to emergency vehicles, including ambulances, when they have their lights and sirens going
Conviction for reckless driving can lead to a suspension of your driver's license, and your auto insurance rates are likely to skyrocket. Plus, if you’re later declared a habitual traffic violator due to subsequent offenses, you may end up with a suspended license.
If you’re charged with reckless driving, it’s important to realize that a guilty plea is the same as a conviction. You have no guarantee that a judge will “go easy” on you if you plead guilty. Seeking experienced legal guidance can potentially help you overcome charges like these, especially if the charge is based more on an officer’s perceptions than reality.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520092023-10-09T11:49:41Z2023-10-09T11:49:41ZWhat did lawmakers do?
Changes to how Texas handles acts of violence at medical facilities will mean more penalties for the people accused of such acts. Now that the governor has signed the bill into law, those accused of assaulting healthcare workers could face more serious charges and harsher penalties. Lawmakers cited the deaths of two workers killed in a hospital shooting in October 2022 as the inspiration for the law.
The new law changes the charges for assault against a hospital worker to a third-degree felony. It also makes it a felony for someone on parole to remove an ankle monitor on their own. Finally, the law mandates the notification of hospital staff when a violent offender enters the hospital for treatment. If someone pleads guilty or gets convicted of a third-degree felony in Texas, the penalties will include between two and 10 years in prison and up to $10,000 in fines, as well as court costs.
Those accused of assault in healthcare facilities may have experienced a variety of different circumstances. They may fear going into state custody and could act irrationally as a result. They may have had an adverse reaction to a medication that causes them to act abnormally. There could potentially be mitigating medical factors that help people defend against the felony charges likely to follow an altercation at a medical facility.
Tracking changes to statutes in Texas can help people know what to expect if they find themselves facing charges. Seeking legal guidance is an important way to seek both clarity and support in this regard.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=520062023-10-08T23:47:44Z2023-10-08T23:47:44ZKey violations of rules of professional conduct for Texas prosecutors
Texas, requires high standards of prosecutors that extend beyond withholding evidence. Under the state’s rules for professional conduct for prosecutors, the following would be considered prosecutorial misconduct:
Interrogating an accused person when they haven’t been reasonably assured that the person has been read their rights
Trying to get an “unrepresented accused” to waive their rights, whether before, during or after trial
Prosecuting someone for an offense without probable cause (or not prosecuting them when there is probable cause)
Not providing timely disclosure to the defense and the court all evidence that “tends to negate the guilt of the accused or mitigates the offense, and…all unprivileged mitigating information known to the prosecutor”
Taking “reasonable care” to prevent employees from making any “extrajudicial statement” about a defendant or case that the prosecutor is prohibited from making
For a prosecutor to face disciplinary action, it must be shown that they intended to violate the rules – for example, that they intentionally withheld evidence that would have helped the defendant.
Those in the justice system typically report prosecutorial misconduct
Most violations of these infractions and other instances of prosecutorial misconduct are reported by people outside the state’s disciplinary system who are involved in a case and/or a trial. These include defendants, defense attorneys, judges and even other prosecutors.
By seeking experienced legal guidance throughout as you present your defense, you will have someone on your side who can recognize and report instances of prosecutorial misconduct. This may or may not affect the ultimate outcome of your case. However, it can help to ensure that you get a fair trial.]]>On Behalf of Law Offices of Anthony B. Cantrellhttps://www.anthonycantrell.com/?p=519992023-09-11T19:28:38Z2023-09-11T18:00:55ZIn Texas, the alleged crime must be a felony or one against the public peace. Citizen’s arrests are not legal for misdemeanor offenses.
How does a citizen’s arrest work?
The process is like that used by a police officer making a regular arrest without a warrant, but with an extra step: anyone conducting a citizen’s arrest must immediately contact the actual police. If an individual making a citizen’s arrest uses or attempts to use excessive force, the victim can likely hold that citizen accountable for the harm.
Depending on the details of the situation, the citizen’s arrest could result in a true arrest and criminal charges.
Was I the subject of a citizen’s arrest?
Anyone who was temporarily detained by another person based on allegations they committed a crime was likely the subject of a citizen’s arrest. This can occur through a regular individual or another posing as an officer. Unfortunately, some may abuse this power. It is wise to beware of vigilantes and people attempting to impersonate police, as these may constitute a serious threat.
What are my options if a citizen wrongfully arrested me?
In addition to the threat of criminal charges for kidnapping and assault, those who were the subject of a wrongful citizen’s arrest have some legal recourse. It is often possible to file a lawsuit against that individual. This can result in funds to compensate for the violation of your constitutional rights as well as additional monetary awards to cover any medical expenses if injured during the incident and missed wages if the arrest or resulting injuries led to an inability to get to work.]]>