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
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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
Infant Drug Testing in Texas
When a baby is born they are subjected to a wide array of tests to ensure that they are in optimal health. The tests also serve as an early warning should the baby have any of the conditions being tested for, meaning the doctor can begin treatment as early as possible. Among the tests… 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 Such article was recently repealed.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
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
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
