Criminal laws are written carefully to distinguish the seriousness of someone’s actions. The distinctions are sometimes very slight but can make a significant difference in a court of law regarding sentencing. One example is the statutes of robbery and theft. Non-lawyers generally view robbery and theft as being the same offense, and in the broadest… Read More
Felony and Misdemeanor Assault in Texas
The Legal Differences Between Felonies and Misdemeanors in Texas Assault is a serious crime in the state of Texas, and an assault charge should never be taken lightly. That being said, it is important to know the different levels of assault charges in case you ever face one, as the penalties vary drastically. For the… Read More
The Parole Process for Texas Offenders
What is parole? Parole is the decision of the Board of Pardons and Paroles to allow an inmate to serve the remainder of their sentence under supervision, outside of the detention center. It is a way to better integrate inmates into the community and more smoothly transition them out of prison. Not all inmates are… Read More
Should You Cooperate With the Prosecutor?
Who is the prosecutor? The prosecutor is the lawyer defending the state in criminal cases. If you have a criminal charge filed against you, the prosecutor is the one trying to prove your guilt. I got a call from the state prosecutor. What should I tell them? First, it is unusual to receive a… Read More
What is an Appeals Bond?
Appeals Bonds in Texas An appeals bond is exactly what it describes: a bond for the appeals process. When a court makes a decision that not all parties agree with, one or more of the parties can file to have the decisions looked over by a higher court. Since court fees are often high and… Read More
Penalties for Human Trafficking in Texas
Have you been charged with a human trafficking crime in Texas? You need practical, aggressive legal representation if so. Penalties for human trafficking convictions can range from thousands of dollars in fines to life in prison. Thus, hiring an experienced criminal defense attorney is crucial to protecting your future. At the Case J. Darwin Law… Read More
Texas Laws on Embezzlement
Under Texas law, the crime of embezzlement falls under the category of “theft,” along with shoplifting, swindling, extortion, and receiving or concealing stolen or embezzled property. The consequences of all subsections of theft are the same. These penalties can be devastating without proper trial preparation, which is why the definition of embezzlement should be known… Read More
The Difference Between Robbery, Burglary, and Theft
The law is full of semantic differences that may seem minor but could be the difference between minor fines and prison times. Various forms of stealing is an example of these semantic differences, and you should know them prior to your court appearance, should you be charged with any of them. Robbery What it… Read More
What is a 3(g) offense or aggravated offense?
The term “3(g)” comes from former Texas Code of Criminal Procedure article 42.12, section 3(g). Such article was recently repealed. It is now codified as Texas Code of Criminal Procedure article 42A.054, “Limitation on Judge-Ordered Community Supervision.” 3(g) offenses are offenses in which a Judge cannot give a defendant regular or straight probation. Thus, a… Read More
Texas D.W.I. Driver’s License Suspension Following Arrest
After a D.W.I. arrest, such person has issued a temporary driving permit, which is good for 40 days only. See Tex. Transp. Code Ann. § 724.035(c) (West 2018). After 40 days, your driver’s license will be suspended. See Tex. Transp. Code Ann. § 724.035(c) (West 2018). The natural question is for how long will my driver’s license… Read More
