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
Posts Categorized In: Criminal Defense
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’s an ICE Hold?
With respect to a criminal offense, an ICE hold puts a federal detainer on an illegal alien. Once the illegal alien completes his state case through sentencing, or posts bond, immigration will then come and pick him or her up for deportation purposes. The practical effect of an ICE hold is that the illegal alien… 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 Such article was recently repealed.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
Marijuana Concentrate/Hash Oil/Dabs Spins a Misdemeanor Offense into a Felony Offense
Generally, simple Possession of Marijuana is a Class B misdemeanor. See TEX. HEALTH & SAFETY CODE ANN. § 481.121 (West 2018). However, simple possession of marijuana concentrate/hash oil/dabs starts out as a state-jail felony. Texas Health and Safety Code section 481.002 provides the definition of marijuana. Marijuana concentrate/hash oil/dabs is not marijuana under the Code… Read More
Expunge or Seal Your Record
When Can you Expunge or Seal (Nondisclose) Your Record? Expunctions are a legislative grace, which you can only receive under very limited circumstances. Texas Code of Criminal Procedure Chapter 55 governs expunctions. Expunctions are a paper shred order. This will delete all records relating to your arrest and subsequent criminal history after your arrest. Your… Read More
Statement to Police?
Should you Talk to or Provide a Statement to the Police? NO. Again, NEVER. Do not disregard this advice. You may be thinking that you have nothing to hide. But, if the police are trying to obtain a statement from you, you are already a target. Whatever you say is only going to inculpate you… Read More
What are your Miranda Rights?
Most have heard of Miranda rights, but perhaps not everyone knows what they are. So lets begin with a bit of background. In the 1966 case of Miranda v. Arizona, the Supreme Court declared that any time a person is taken into custody, that person must be made aware of his or her fifth amendment… Read More
Why You Might Need a San Marcos Criminal Defense Lawyer
Rarely do people think they will ever need a defense attorney. The truth is, an experienced San Marcos criminal defense lawyer can have a big impact on the outcome of your case. The most obvious reason for hiring an attorney is that they understand the law and can defend you in court. In addition to… Read More