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 Such article was recently repealed.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
Posts Categorized In: Criminal Defense
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
What to do if you have an outstanding arrest warrant
If you believe that you may have an outstanding arrest warrant in Bexar County or elsewhere, it is a good idea to try to address the situation promptly. You will certainly need a criminal defense lawyer to help with your case in this situation. But having an understanding of how arrest warrants work will provide… Read More
Types of Criminal Charges Overview
In the U.S., federal and state laws categorize criminal charges into three separate category types. Each type is based on the severity of the crime. In order of severity, felony charges are the most serious, followed by misdemeanors. At the lowest level are infractions. What is a felony? A felony is the most severe type… Read More
How can I press charges against someone?
An overview of how criminal charges are filed If a person has committed a crime against another person, it’s typical for the victim to want to press charges. While filing criminal charges are a little more difficult than filing civil lawsuits, they can be filed. Who is able to press charges? First and foremost, criminal… Read More
What to expect during a criminal trial process
The criminal trial process can be a difficult one for someone to endure. A little bit of knowledge can go a long way if ever faced with this sort of situation. Our goal today is to help you understand what to expect from start to finish in the criminal trial process. The process starts with… Read More
