Dallas Criminal Defense Lawyer Blog

December 23, 2020

Can I be deported for a Texas drug possession case?

If you are facing a charge of drug possession in Texas and you are not a citizen of the United States, you should be aware of the laws regarding deportation for drug convictions.

What is the law on deportation for drug convictions?

Under federal law, an alien convicted of a drug offense, other than possession of a relatively small amount of marijuana, is deportable. See 8 U.S.C.A. § 1227(a)(2)(B)(i). Placement on deferred adjudication in Texas is considered a conviction for purposes of federal immigration law. See Moosa v. I.N.S., 171 F.3d 994, 1005–06 (5th Cir. 1999); Guerrero, 400 S.W.3d at 588 & n.52; see also 8 U.S.C.A. § 1101(a)(48)(A).

December 8, 2020

Salto de fianza

by Robert Guest

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?

November 22, 2020

Arrested in Kaufman County? Here is what to expect

by Robert Guest

So you caught a charge in Kaufman County?

Kaufman County borders Dallas County but the two criminal justice systems could not be more different. If you have been arrested in Kaufman County it is important that you understand just how different the system is and what that means for your case.

The first issue is bail, if you’ve been arrested in Kaufman County you know what I’m about to tell you. Bail in Kaufman County is outrageous. Bond amounts are above and beyond what most counties charge, and a simple possession case can get you a $5,000 bond or worse. The result is many people can’t afford to post bond and are struck in jail while their families scramble to find the resources to free their loved one. Kaufman County bonds also come with many conditions attached, like drug testing, psych evals, reporting every month, or even wearing a GPS monitor. In Kaufman County, the system treats people on bond (who haven’t been convicted of anything) like they are already on probation. I will say the pre-service director is really nice, he wants to help people comply with the conditions of bond.

October 10, 2020

What is the “same criminal episode”?

by Robert Guest

What does the “same criminal episode” mean?

Section 3.10 of Chapter 3 of the Texas penal code defines a “same criminal episode” as “the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: …. or (2) the offenses are the repeated commission of the same or similar offenses.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.3.htm

September 18, 2020

Rooting Contractors Theft Cases- What happens when a contractor takes your money and doesn’t do the work?

by Robert Guest

Can a Roofing Contractor be Charged with Theft?

After every hail storm of tornado roofing contractors will defend on neighborhoods looking for repair work. Most contracts are honest and upright and do a great job. However, sometimes a roofing contractor is hired, paid, but then fails to fix your roof as agreed. Law enforcement may get involved, and even arrest a roofing contractor for theft, or they may tell the homeowner this is a “civil matter” and to file a lawsuit in small claims court instead. If you are charged with theft over a roofing case, most often the prosecutor will require restitution as a condition of any plea bargain, or even offer a better plea offer if you pay restitution upfront. This varies by county.

What is theft in Texas? How does that apply to roofing contractors?

August 13, 2020

Texas Marijuana Laws 101

by Robert Guest

Marijuana Laws in Texas

The War on Drugs has been around for decades and marihuana is no exception. In Texas, the possession and distribution of marihuana are against the law. Texas drug penalties depend on the type of substance in your possession, the amount of substance in your possession, and whether you’re near a drug-free zone or minors. If you are facing marihuana charges, the penalties can be very serious.

What is Marijuana in Texas?

August 2, 2020

Manejar un vehículo de motor bajo los efectos de bebidas embriagantes

by Robert Guest

Manejar un vehículo de motor bajo los efectos de bebidas embriagantes

¿Se enfrenta usted a una alegación de conducir un vehículo en estado de embriaguez? Existen varios detalles que usted debe saber sobre las penalidades y multas de un DWI. ¡De ser arrestado por un DWI se enfrenta a la suspensión de su licencia de conducir, pero der ser encontrado culpable de manejar bajo efectos embriagantes, usted podría enfrentarse hasta 10 anos de prisión!

¿Enfrentarse a tal acusación crea miedo, no?

April 15, 2020

Prior Convictions Can Be Used Against You In “He Said/She Said” Sexual Assault Cases

by Robert Guest

A recent case from the Dallas Court of Appeals (Woodland vs State) discusses the use of prior convictions in “he said/she said” sexual assault cases. First, what is a “he said/she said” sexual assault case? It’s when the main evidence in a case is the complaining witness testifies, and so does the defendant. We are going to skip the issue of if a defendant should or should not testify in right now.

Can prior convictions be used against a defendant in sexual assault cases? The answer is, probably if the prior convictions are germane to the new offense. So a DWI might not be admitted, but a case regarding sexual assault or sexual misconduct can be. There is a general rule that prior convictions may not be used to show “character conformity”, that is, that the defendant is guilty because he is a criminal. But, in sexual assault cases there is a special provision, 38.37 of the Code of Criminal Procedure, that allows prior convictions to be used against a defendant.

Here is a quote from the court-

February 2, 2020

Must the Judge warn me about the punishment range before a defendant pleads guilty?

by Robert Guest

In law, must and shall are important words. Must and shall indicate that an action is required, it has to happen, it is a part of the process, proceeding, or hearing that can’t be ignored. Contrast that with “may”, which implies that it doesn’t matter if the thing happens or not.

One thing that is supposed to happen in a criminal case, is that the Judge must inform the defendant about the range of punishment before he pleads guilty. That is, the defendant must know how much time he’s look at before he says “I’m guilty”. Here is the shall if you want to read it-

Texas Code of Criminal Procedure 26.13

January 23, 2020

What is a Stacked Sentence in Texas?

by Robert Guest

What is a stacked sentence?

Good question. A stacked sentence is one in which two sentences are to be served consecutively or one after another. So if Bob has two cases for possession, and gets 5 years TDC in each case, then a stacked sentence would require him to serve these sentences back to back.

Contrast that with a concurrent sentence, which lawyers call “CC”. If Bob has two charges for possession and gets the same 5 years in each case, then both sentences run at the same time. So Bob does one 5 year sentence.