Posts Categorized In: Criminal Defense

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 Such article was recently repealed.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 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

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