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

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 Such article was recently repealed.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

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