Capital murder is the most serious offense you can commit in Texas. It means committing a premeditated murder but with aggravating factors that elevate the charge to a “capital” felony. In Texas, capital murder is a death penalty offense, while first-degree murder carries a maximum sentence of life in prison. Capital Murder vs. First-Degree Murder …
Family violence is defined by Chapter 71.004 of the Texas Family Code as acts by one member of a family or household against another member of that same family or household with the intent of bodily injury, physical harm, or sexual assault. No harm needs to occur; reasonable fear that physical harm is imminent is …
Domestic Assault / Family Violence in Texas: Charges & Consequences Read More »
Plan B and other emergency contraceptives, including a separate medication called “Ella” that helps prevent pregnancy within 72 hours after having unprotected sex, are legal in Texas. These contraceptives are not the same as “medicated abortion pills.” This is where the confusion arises about which medications are legal. Texas’s strict abortion laws do not affect …
Texas has paid almost $100 million in lump-sum payments since 2009 to 95 men and women for wrongful convictions, according to state records requested by Michael & Associates, a criminal defense law firm based in Austin, Texas, under the state’s Public Information Act. The state also pays a monthly annuity to each qualified exoneree. The …
Texas Has Paid Almost $100 Million to Exonerees Since 2009 Read More »
If you’ve ever watched a legal drama on television, you’ve heard someone shout “Objection, Your Honor! Hearsay!” at a critical dramatic moment. In simple terms, that usually means a witness cites information they’ve heard from someone else. An objection is a protest raised by an attorney during a legal proceeding. It alerts the judge that …
Objection Hearsay Meaning + More Common Courtroom Objections Read More »
Nunc pro tunc orders allow the courts to fix clerical errors and reduce delays in the judicial process. They issue a decision that applies retroactively as if the decision had been made at an earlier date. Nunc pro tunc is a Latin term that means “now for then.” The orders are procedural tools that correct …
What is Nunc Pro Tunc? How to Fix a Clerical Mistake in a Court Order Read More »
The penalties for a second DWI are more severe than a first offense – and technically require a minimum of 30 days in jail – but it’s still unlikely that you’ll serve any jail time beyond the mandatory minimum of three days required for probation. However, it’s even more vital that you have an experienced …
2nd DWI in Texas? Laws, Penalties, and How to Fight It Read More »
Most first DWIs are Class B misdemeanors, which carry a maximum of 180 days in jail, a $2,000 fine, and a mandatory minimum of three days in county jail (which can be suspended or probated). However, statistics show that most first offenders won’t spend more than a few hours in jail. It’s important to remember …
The age of consent in Texas – the age at which you can legally consent to sexual activity – is 17. This means that individuals who are age 17 or older can legally engage in consensual sex with peers who are at least 17. However, some exceptions protect teens who are within three years of …
Texas’ “Romeo and Juliet” law helps teens who have not yet reached the state’s age of consent (which is 17) avoid facing a potential statutory rape conviction for having consensual sex with a peer. For the “Romeo and Juliet” law to apply, the age gap must be no greater than three years. The law comes …