Texas Criminal Lawyers

DWI

Driving while intoxicated (DWI) is a crime that is taken seriously by police officers and prosecutors. You are considered legally intoxicated if you have a .08 blood alcohol concentration. You also can be charged with DWI if you are impaired due to drugs or alcohol, irrespective of your blood alcohol concentration. DWI is different from other misdemeanors under the Texas Penal Code in that you cannot get deferred adjudication in a DWI case. There are numerous penalties that may be imposed in connection with DWI, including community service, a driver’s license suspension, and jail time. These penalties vary depending on how many prior convictions you have.

Drug Crimes

There are harsh penalties associated with drug crime convictions in Texas. You can be charged with a drug crime for activities involving a wide range of unlawful substances, including marijuana, heroin, cocaine, and methamphetamines. You can be charged in connection with the possession, delivery, or manufacture of drugs. Drug crimes can be charged as misdemeanors or felonies, and they can be penalized with a term of many years in prison. This makes it critical to consult a Montgomery County criminal attorney as soon as you have been charged. Under the Texas Health and Safety Code, the offense and punishment vary depending on which type of drug is involved and how much of the drug is involved.

Sex Crimes

Sex crimes include rape, sexual assault, indecency with a child, child molestation, sexual assault of a child, prostitution, child abuse, child pornography, indecent exposure, and public lewdness. There is a heavy stigma attached to sex crimes. A false accusation can ruin your good name. Severe penalties attach to sex crime convictions. Certain sex crime convictions result in the defendant needing to register as a sex offender for the remainder of their life. Sex offender registration can affect where you are allowed to live or work. Failing to register as a sex offender when required to do so is a crime charged as a felony.

Violent Crimes

Violent crimes can result in harsh penalties in Texas. They include crimes involving force or the threat of force against others. Sometimes a deadly weapon, such as a firearm or knife, is involved, and in some cases, a victim is seriously injured. Violent crimes include assault, aggravated assault, robbery, kidnapping, homicide, and domestic violence. What must be proven in court depends on the specific crime charged. In many cases, a criminal lawyer in Montgomery County may be able to defend against a charge of a violent crime by showing that the defendant was acting in self-defense or in defense of others.

Theft Crimes

You can be charged with a theft crime if you are caught committing an offense such as fraud, forgery, or shoplifting. It is important to realize that theft is a crime of moral turpitude; it can affect your ability to get a job and may affect whether a jury believes your testimony in future litigation. Theft can be charged as a Class C misdemeanor, a first-degree felony, or something between these tiers. The value of the property taken will determine the degree of the charge. First-degree felony theft may be charged if the value of what a person stole was $200,000 or greater. Defenses that a defendant may be able to raise include mistake of fact, duress, and lack of intent.

Juvenile Crimes

A child’s mistake should not be a life-altering event, but it can be disastrous if your child is charged with a crime and does not get a proper defense. In Texas, you can be charged in a juvenile court for a crime perpetrated on or after your 10th birthday but before you turn 17. The crime can range in seriousness from a class C misdemeanor to capital murder. After someone turns 17 in Texas, they are charged as an adult in adult court. Not all lawyers realize that juvenile crimes in Texas are not treated as adult crimes are. The goal of the juvenile justice system is rehabilitation, rather than punishment. Montgomery County criminal lawyer Chris Allen is Board Certified by the Texas Board of Legal Specialization in Juvenile Law.

Probation Violations

Texas has two types of probation, one of which is deferred adjudication. If you successfully complete deferred adjudication, the charges will be dismissed. However, if you are placed on regular probation and violate the probation terms and conditions, the judge may issue a warrant for your arrest. Your probation may be revoked even if this was your first probation violation. For example, if you fail to meet with your probation officer, this is a probation violation, and a judge may put you back in jail for this violation. In most cases, if you get a little behind on performing community service hours, you will not be put in jail, but it is wise to retain an experienced attorney to minimize the consequences.

Expunction and Non-Disclosure

If you are arrested for a crime, you can lose out on jobs, housing, higher education, or loans. Even people who are not convicted of a crime can have records of their arrest affect their lives years later as a result of a criminal background check. There are two avenues to protect yourself from the consequences of arrests or criminal charges. If you are able to obtain an order of expunction, records of your arrest will be removed. If you are able to obtain an order of non-disclosure, your records will be sealed from most public exposure. Most misdemeanors allow you to apply for an order of non-disclosure immediately upon completing deferred adjudication. There is a waiting period for felonies and certain misdemeanors.

Consult an Experienced Criminal Attorney in Montgomery County

If you are charged with a crime in Montgomery County or the surrounding areas, you should make sure to take steps to protect your rights. Chris Allen and Bill Pattillo also represent people in the Houston area and throughout Harris, Walker, San Jacinto, Liberty, Waller, and Grimes Counties. Call us at (936) 539-5522 or use our online form to set up a free consultation.