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Statutes of limitations are specific laws within the Texas Penal Code that detail how long the government has to bring charges against you. Understanding how statutes of limitations work is important, especially for those who have been charged for a crime based on conduct that occurred years ago, if at all. At Guest & Gray, we have specific experience successfully using statutes of limitations defenses and know how to convince prosecutors and judges that it’s too late to charge you with a crime.

How the Texas Penal Code Defines Statute of Limitations

In Texas, the statute of limitations is primarily outlined in Chapter 12 of the Texas Code of Criminal Procedure. This chapter provides detailed information regarding the time limits applicable to different types of criminal cases.

For felony offenses, the statute of limitations typically ranges from three to ten years, depending on the specific offense committed. On the other hand, the statute of limitations for most misdemeanors is generally set at two years.

Different Types of Criminal Cases and Their Statute of Limitations in Texas

Understanding the specific time limits imposed by the statute of limitations is crucial for both prosecutors and defense attorneys in Texas. It allows them to determine whether a criminal case can proceed based on the date of the alleged offense.

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Domestic violence charges are a serious matter that require legal representation from a qualified and experienced lawyer. If you are facing domestic violence charges in Collin County, it is crucial that you find the right lawyer to represent your case. This article will guide you through the process of understanding domestic violence charges, the types of offenses, Collin County laws and penalties, protective orders, and ultimately choosing the best lawyer for your case.

Understanding Domestic Violence Charges in Collin County

Domestic violence charges refer to any physical assault, threats, or emotional abuse between individuals who are in an intimate relationship or family members. These charges are taken very seriously by the legal system and can have long-lasting effects on your personal and professional life. Domestic violence can be a traumatic and painful experience for both the victim and the accused. It is important to understand the legal process and your rights when facing domestic violence charges in Collin County.

Types of Domestic Violence Offenses

Domestic violence offenses can range from misdemeanor charges to felony charges depending on the severity of the offense. Misdemeanor charges may include simple assault or verbal threats, while felony charges may include aggravated assault or battery. Domestic violence charges can also include sexual assault, stalking, and harassment. It is important to have a clear understanding of the specific charges you are facing and the potential consequences of each charge.

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When facing drug crime charges in Collin County, having the right legal representation can make all the difference in the outcome of your case. With so much at stake, finding the best lawyer for your unique situation is crucial. This article will provide you with a comprehensive guide to finding the right drug crime attorney in Collin County.

Understanding Drug Crime Charges in Collin County

Before delving into how to find the right attorney for your case, it is important to have a basic understanding of drug crime charges in Collin County. Drug crimes can encompass a wide range of offenses, including possession, distribution, trafficking, and manufacturing of illegal drugs. Texas has some of the toughest drug laws in the country, and the penalties for conviction can include hefty fines, mandatory drug treatment programs, and even jail time.

Drug crimes are taken very seriously in Collin County, and law enforcement officials are constantly on the lookout for individuals who may be involved in drug-related activities. If you are facing drug crime charges, it is important to understand the severity of the situation and take immediate action to protect your rights and freedom.

Types of Drug Crimes

The specific charges you may be facing will depend on the circumstances of your case and the type of drug involved. Some common drug crimes in Collin County include:

Possession of a controlled substance: This can include any illegal drug, such as marijuana, cocaine, heroin, or methamphetamine.

Possession with intent to distribute: If you are found to be in possession of a large quantity of drugs, or if you have other evidence that suggests that you intended to sell or distribute the drugs, you may be charged with this offense.

Cultivation or manufacturing of drugs: This offense refers to the growing or production of illegal drugs, such as marijuana or methamphetamine.

Trafficking or distribution of drugs: This offense involves the sale or transportation of illegal drugs.

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Prior Offenses At Trial- Texas Rule of Evidence 609

Defendants who have a lengthy criminal history often think the State can’t use their past convictions against them at trial. They are kind of right. We generally don’t allow the State to argue that since you’ve been a criminal in the past, you are guilty of what you are charged with now. But in many circumstances, the State can use prior convictions against you in trial. The State must follow certain rules to talk about your prior convictions at trial. One of those rules is Texas Rule of Evidence 609, but there are others (38.37CCP for example). Let’s look at 609 today.

Texas Rule of Evidence 609

The internet age has brought about new ways for humans to treat each other poorly. Anyone who has dared to post a comment online has probably been insulted, called terrible things, or otherwise tormented. Before the cell phone, you had to actually see a person or call their landline to be awful towards them. Nowadays, you’ve got dozens of apps that can give you instant access to someone. Cyberbullying is also a problem, and that’s probably what led to the creation of the Online Harassment law in Texas.

What is Online Harassment?

We start with the general harassment provision in the Penal Code, which is 42.07, and go down to subsection (a)(7).

Salto de fianza

Salto de fianza es el nombre corto para un delito penal de Texas llamado “salto de fianza y falta de comparecencia”. Si no asistió a una cita en la corte, especialmente si el caso es un delito grave, es posible que se le acuse de fianza. Primero, algunas aclaraciones, si se pierde una cita en la corte, se emitirá una orden judicial y su fianza se perderá. Ese es un tema diferente al de la fianza. La fianza es un caso criminal completamente nuevo que se puede presentar en su contra junto con la orden del caso original por el que iba a la corte.

¿Cuál es la ley sobre el salto de fianzas en Texas?

There are a lot of bad ideas in the world. One the worst is going to court alone on a criminal case. One reason people don’t hire lawyers is that they think they are guilty, and it won’t make a difference if they have a lawyer or not.

Here’s the thing, you can be 1000% did-it-on-camera-and-confessed super guilty and it’s still a good idea to hire a lawyer.

Let’s talk about what guilty means first of all. Being guilty means that the fact finder in your criminal case has found you guilty. You can think you “did it” but until you are found guilty, you aren’t guilty. What’s between you and being found guilty is litigation, due process, criminal prosecution, litigation. That’s where the defense lawyer can help you.

I’ve been lawyering for 16 years now, and for that entire time, I’ve been telling clients that convictions can be not expunged or sealed in Texas. That is not the case anymore, Texas now allows for some misdemeanor straight probation cases to be sealed (non-disclosed). These cases still can not be expunged (which means the records are destroyed), but they can be sealed (which means hidden from the public, but not from the government).

What is straight probation?

Good question. That is what we called probation that is not deferred. That means you are convicted of the offense when you plead guilty and placed on probation. I’m not sure how it came to be called “straight”, but that decision was made well before I became a lawyer. Straight probation means you plead guilty, and the judge finds you guilty but probates (put offs the sentence for) the jail time. That is, you don’t have to serve the jail part of your sentence if you finish probation. Compare that to deferred probation, where the judge puts off the sentence and the conviction.

If you are facing a trial for an assault family violence case you should be aware that evidence regarding the relationship between the parties may be admissible. This can be powerful evidence for the State or the Defendant depending on the nature of the relationship, and your lawyer should be ready to use this evidence or defend against it.

What’s the law on relationship evidence in family violence cases? 

Texas Code of Criminal Procedure 38.371 allows evidence that “testimony or evidence regarding the nature of the relationship between the actor and the alleged victim”. This is “subject to the Texas Rules of Evidence”, so there are still some rules about what comes in, but think of a relationship and the dynamic between two people. Is there a history of violence? Substance abuse? Lying? Cheating? Emotional abuse? These are all areas where you could find either a motive for an assault or a history of aggressive behavior for the Defendant. Or the defense could present a motive to fabricate a claim or a history of violent behavior by the complaining witness.

You know what’s weird with spam calls? When it shows your own cell phone number. I got a few of those for “extended car warranty” calls and I picked up the first time (I’m not sure why. Did I think I was trying to call myself?). Technology now allows people to spoof their phone number and have it appear as any number on your called ID (including your own number). Texas has now made that illegal, but I’m not sure how this would actually be prosecuted unless the caller and victims are all in Texas.

So what’s the law on phony caller ID? Glad you asked.


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