Employers in Texas will usually conduct a background check to verify an applicant’s employment and education history, as well as to determine if that person has had any convictions that would disqualify him or her from the job. What will appear on a background check will depend on the type of searches that the employer has requested, but some of the common searches that they will perform include:

• Employment verification.
• Criminal history checks.
• Education verification.
• Professional license verification.
• Motor vehicle registration checks.
• Pre-employment drug tests.

When performing a pre-employment background check, you must comply with federal and state laws.

What a Background Check is in the State of Texas

A Texas background check is a type of investigation that many employers perform to check an applicant’s criminal and employment history, as well as that person’s education and other information that may be relevant to the position.

They will often work with background check providers to perform these searches. Consumer reporting agencies (CRAs) will find the requested information by searching public records and other reliable databases to put together reports.

Why Employers Run Background Checks in Texas

If you’re an employer in Texas, there may be a number of reasons why you may want to perform a background check as part of your hiring process, but some of the common reasons include the following:

• General Employment Screening — Many Texas companies perform employment background checks as part of their onboarding process, because it can help them to verify an applicant’s employment history while making sure that he or she hasn’t had any criminal convictions.
• Screening for Management Positions — Managers have a lot more responsibility than other employees, so it’s a common practice for employers to do a background check on someone who is applying for a management position.
• Screening for People in the Caring Professions — EMS personnel, first responders, caregivers, and people who work in similar professions have to care for and spend time with vulnerable individuals (such as children and elderly adults).

The information on an employment background check will depend on the types of searches an employer requests.

How to Get an Employment Background Check in Texas

Here is how you can get an employment background check in the State of Texas:

• Come up with a thorough background check policy — You should work with your management team and HR staff to come up with a thorough background check policy. It should include the types of searches you will perform for different positions, the reasons for running these checks, and the specific steps your HR staff should take while starting the process. It should also have procedures for communicating with applicants, reviewing results, and handling the information in those reports.
• Train your HR staff — Be sure to train your HR staff on how your company performs background checks and on any applicable laws. You also want to make sure they know how to handle the information that was gathered from these checks and that they are informed about the steps that are required under Title VII and the FCRA if the reports show criminal convictions or other adverse information.
• Adhere to the FCRA’s notice of consent rules — The FCRA has specific notice and consent rules for employers when they perform background checks. You should inform the applicant that your company performs background checks, and it must be in writing on a separate form. Don’t include extra information about any other topics. You must also have a signed consent form from the applicant before you perform the background check.
• Choose your provider wisely — The value of your employment background check will depend on the provider you choose to work with. You want to research a provider’s reliability, accuracy, legal compliance, and processing speed.
• Evaluate convictions individually — You don’t want to have a blanket policy for turning down people who have had a criminal conviction, because it can make your company more vulnerable to litigation and civil penalties. You want to look at every conviction individually by comparing them to the duties that are required by the job for which you’re considering the applicant.

You want to make sure you’re communicating with the applicant throughout the process so he or she stays informed, and you should contact that person as soon as you get the results.

If you’re looking for an attorney in Corpus Christi that can help you get a better understanding about the laws associated with employment background checks in the State of Texas, be sure to reach out to Gale Law Group.

As you staff your business, you have many ways of bringing in talent. Two of the most common work arrangements to consider are the W-2 employee and the 1099 contractor. There are some similarities between them, but there are some important differences that can affect your business. So, you need to know what will work best for your organization’s hiring needs. To file informative returns, your company must tell the Internal Revenue Service (IRS) about any payments it made for work being performed. The type of information you use for this purpose will depend on the nature of the service provider.

The Main Difference Between Form 1099 and Form W-2

The main difference between these two forms has to do with what needs to be entered into them. Form 1099-NEC reports payments for independent contractors, so no tax payments are reported on this form. Form W-2 is a more comprehensive information return. Not only does it list taxable compensation to employees, but it also lists income tax and Federal Insurance Contributions Act (FICA) withholding. Any salary reduction amounts for contributions to 401(k) plans and other employer-specific benefit plans will also be reported on a W-2.

For an employer, using independent contractors won’t cost as much as employees. Most of it comes from not having to pay employment taxes for independent contractors. You don’t have to offer benefits to 1099 contractors, and there are fewer administrative costs. Independent contractors are workers who are in business for themselves. They have control over when and how their work is accomplished, and they use their own tools and equipment. They also risk profit or loss on each assignment.

What to Consider When Classifying a Worker

Whether you hire people as employees or use them as independent contractors, there’s a lot you need to think about. Both of them can contribute to your organization and help you meet your goals. A W-2 employee is a good fit if the following apply:

• You want committed workers who will be loyal and productive over the long term.
• You prefer to keep worker knowledge and skills in-house.
• You have a distant corporate culture that you want to foster and maintain.

A 1099 worker could be right for your company in the following circumstances:

• You don’t want to pay payroll taxes or benefits to keep your costs low.
• You would rather not invest the time or resources in training and prefer to bring in specialized expertise.
• You want the flexibility of terminating the relationship when a project is done or as your budget allows.

If bringing on a contractor makes the most sense to you, you need to know who a 1099 worker is. But if you believe that a W-2 employee is a better fit for company’s needs, you also need to understand the different types of employees you can hire so you can staff your business appropriately.

How Each Classification Can Affect Company Culture

Hiring W-2 workers will allow you to bring in people who are a good fit for your organization. They can become a part of your team and workplace environment, which can be helpful in creating a better company culture. It can also be an advantage in terms of employee retention and recruitment. Your employees may feel more secure in their roles within the company, which can help them to focus because they won’t always be looking for another job.

1099 contractors usually aren’t as invested in the company’s culture. They’re more concerned about completing the job or assignment and moving on to the next one. They can also be disruptive to employees and even the company’s culture. Yet the transient nature of a 1099 worker can be advantageous, because you don’t have to keep working with that person after the assigned job has been completed.

What Can Happen if You Misclassify a Worker

It can be hard to determine if a new hire should be classified as a W-2 employee or a 1099 contractor. Not only do you have to classify this person correctly in the beginning but you must also reevaluate his or her role in case the nature of your relationship changes. You need to use the proper classification, or your business may face severe legal and financial consequences.

If you’re looking for an employment law attorney in Corpus Christi that can help you navigate the legalities of hiring people for your business, be sure to reach out to Gale Law Group.

Even if you believe you didn’t commit the crime for which you have been accused, you may be tempted to accept a plea bargain from the prosecution. The long delays in the criminal justice system can drag a case out for months, which can add to your expense and stress. Not to mention, the negative effect it can have on your life.

No one knows what will happen during a trial, and the jury could issue a verdict that’s worse than what the prosecution is offering. A plea bargain usually involves getting a less severe charge on your criminal record in exchange for a more lenient sentence, which can be an attractive offer if the original charge carries more severe penalties.

Legal Reasons to Accept a Plea Bargain

While many defendants can avoid being in custody by posting bail or getting a release on their own recognizance, some of them won’t be granted bail or can’t afford the bail amount (which means they will have to stay in jail until their case has been resolved). A more efficient resolution may be more appealing to someone in this situation, because that person might be able to get out of jail sooner than if the case were to go to trial. The sentence may be shorter than what a defendant would have to serve if the case were to go to trial. In some cases, the plea bargain may not include any jail time at all.

If you have been charged with another crime, the prosecution and judge will look at your criminal record. Having a guilty or no contest plea on your record will look better than having a conviction after a trial, because you would be more likely to plead guilty or no contest to a lesser charge or to fewer offenses. A criminal record can be an aggravating factor for how future crimes will be sentenced, so minimizing the number and severity of past offenses can help you to reduce or even avoid jail time later on.

Social Reasons to Accept a Plea Bargain

A number of criminal charges (such as crimes related to sex and domestic violence) come with a social stigma. If you have been charged with these types of crimes, getting a reduction can be helpful in preserving your relationship with loved ones and other people in the community. If you need to spend time in jail or prison, you may get better treatment from guards and your fellow inmates if the crime you have allegedly committed is less distasteful.

If you have a certain reputation to uphold, you may want to avoid the publicity that can come with a criminal trial. But even if you aren’t a public figure, you may want to protect your family from embarrassment. Even if you accept a plea bargain, a criminal record can be accessed by the public.

Even a plea bargain can be reported by the media, but the exposure won’t be as intense than if your case were to go to trial. Some defendants may want to accept a plea bargain to end a case more quickly, so they can protect their friends or loved ones.

Reasons for Prosecutors to Accept a Plea Bargain

Like judges, prosecutors have extremely busy schedules while having to deal with a limited number of resources. Plea bargains are more efficient and less expensive. They can also guarantee a more favorable outcome instead of dealing with the uncertainty of going to trial. In fact, many prosecutors are proud of the success rate they have had with plea bargains and are even evaluated on this basis.

Prosecutors might be reluctant to take a case to trial if it would expose their informants, because they may be required to testify. This could lead to the defense impeaching their testimony if they have a criminal record or were engaged in other questionable activities in the past.

Prosecutors may also feel sympathy for the victim of a crime and try to help them get the case resolved more efficiently and quietly. The victim may not want to testify in open court and confront the perpetrator again. Some victims want the opportunity, and many states allow them to present their position to the prosecutor or judge. They do not, however, have any say in whether a plea bargain is offered.

If you have been charged with a crime and are looking for one of the best criminal lawyers in Corpus Christi, TX, be sure to reach out to Gale Law Group.

You have most likely heard that you can represent yourself in court. You may have even thought about all the money you could save by not hiring a lawyer. You may believe that there are times when the facts are self-evident, so they speak for themselves. You may also think that the courtroom is a place where everyone gets to tell their story, but none of it is true. Your livelihood is at stake when you go to court. If you don’t have an experienced attorney to represent you, a guilty verdict is practically inevitable.

Why It’s a Mistake to Represent Yourself in Court

People who represent themselves in court are called “self-represented litigants.” They can also be referred to as “unrepresented litigants” or “pro se litigants.” It’s not uncommon to find people who want to save money by representing themselves, but it’s a mistake. Even if cases seem straightforward, representing yourself in a criminal case is guaranteed to result in a conviction.

Here are some of the reasons why you should never represent yourself in a criminal case:

• Education — When it comes to something as complicated as criminal defense, it’s not enough to have raw intelligence and good research skills. You need to understand the intricacies of the American legal system, which requires years of focused and constantly expanding education. It’s something that you won’t have the time to do on your own.
• Familiarity — Most seasoned attorneys will be familiar with the prosecutors, judges, and even the officers who are involved in your case. While the law isn’t completely flexible, knowing who you’re dealing with and what they will or won’t respond to is important if you want to be successful in the courtroom.
• Time — As hard as you might be able to work on your case, a team of dedicated professionals can do a lot more. Attorneys who know the system will have access to more knowledge and resources, which will not only make your case more compelling but will also streamline the process.
• Experience — No matter how much you may have taught yourself about the law, nothing can prepare you for what you will experience in the courtroom. Even the simplest error in etiquette, protocol, and technology can jeopardize your case. It could even get you arrested for being in contempt of court.

No matter what you have been charged with, choosing to represent yourself in a criminal case will send a message that you’re not serious about defending yourself. There are differences between what you’re allowed to do in court and what you have to do to win your case. If you’re not invested in your own case, feel free to represent yourself. But if you want to win, you will need to hire an attorney.

There are some people who have been successful in representing themselves in court, but it’s not very common. In many cases, people who decide to represent themselves in court realize that their case requires a specific set of expertise or knowledge of the law (which is something they may not have). If you think you’re saving money by not hiring an attorney, things aren’t likely to work out the way you expect them to. Hiring an attorney to represent you when your case goes to trial may be your only shot at freedom.

Finding the Right Attorney to Represent You

If you want to find the right attorney for your case, you should ask yourself the following questions:

• Is this person a trial attorney? — Trial attorneys know how to come up with solid defenses for a trial. They can prepare witnesses, gather evidence, and choose jury members. That’s why going to trial without an attorney will put you in trouble.
• Is this person a Super Lawyer? — This designation is only given to a handful of attorneys from every state who have made outstanding achievements in their field of law, so it can be a good indication that you have hired the best attorney you can find.

If you have a case that you can’t afford to lose, you shouldn’t represent yourself. You need to hire an attorney who can argue in front of a judge and jury so they can win your case. While you’re allowed to represent yourself in court, defending complex criminal charges without an experienced trial attorney will most likely result in a conviction.

If you’re looking for one of the best criminal lawyers in Corpus Christi, TX, be sure to get in touch with Gale Law Group.

In Texas, knowing your rights during a police investigation can mean the difference between protecting yourself and inadvertently giving up that protection. Police officers have authority, but it has its limits. This is something that many Texans don’t completely understand. They also don’t understand their rights during traffic stops, home searches, or street encounters with the police. If you’re under investigation or are being interrogated by law enforcement, you need to understand your rights. They’re meant to protect you from self-incrimination and will make sure you’re treated fairly under the law.

Your Rights During a Police Investigation

Whether you have been stopped on the street, pulled over in your car, or approached on private property, you need to know your constitutional rights. Not only do they make sure you’re not unlawfully detained or searched, but they also protect you from self-incrimination. Your basic rights during a police investigation include the following:

• The right to remain silent — The Fifth Amendment of the U. S. Constitution guarantees this right during a police investigation. In Texas, you’re not required to answer questions by the police that could incriminate you. It also includes the right to not provide information during traffic stops, police questioning, or street encounters (unless you’re legally required to provide identification).
• The right to legal counsel — If you’re being detained or questioned by law enforcement, you have the right to legal counsel. According to Texas Law, there can be no police questioning until your lawyer is present (if you have requested one).
• Protection against an unlawful search and seizure — The Fourth Amendment protects you from unlawful searches and seizures. The police need to have a valid search warrant or have probable cause to search your vehicle, home, or personal belongings. Otherwise, any evidence that was gathered may be inadmissible in court.

Be sure to speak to an attorney for more information.

The Texas Stop and Identify Law

Many people ask if Texas is a “stop and identify” state, and the answer is “no.” You’re generally not required to provide identification to police unless you’re driving or lawfully detained. The police can ask for your name during an encounter. But unless they have reasonable suspicion or probable cause for criminal activity, you’re not legally obligated to provide it.

If you’re not being arrested or detained, you can respectfully decline to provide identification and ask them if you’re free to leave. If you’re driving, Texas Law requires you to give them your driver’s license, registration, and proof of insurance if you have been asked by a law enforcement officer. Refusing to provide this information can lead to fines and other legal penalties.

Your Rights When Being Pulled Over

Traffic stops are one of the most common types of police encounters in Texas. According to the Texas Department of Public Safety (DPS), more than 8.5 million traffic stops occur every year. It’s also important to understand your rights in these situations. Texas Law doesn’t list a maximum time for a traffic stop, but officers can only detain you for a “reasonable amount of time” needed to resolve the situation that led to the traffic stop.

Police officers can also run your license plates for no specific reason. It allows them to check for expired registrations, warrants, or stolen vehicles. According to the Texas Municipal Police Association, it’s helpful in maintaining public safety by flagging stolen cars or people with outstanding warrants.

If you have been pulled over, you need to be calm, polite, and cooperative. You also have the right to ask why you were stopped. If the officer asks to search your vehicle, you can legally refuse if they don’t have probable cause or a warrant. According to the Fourth Amendment, the police can’t perform a search without probable cause or your permission. Some exceptions (such as exigent circumstances) may apply. But if they don’t have a valid reason, any evidence they have gathered can be challenged in court.

What to Do if Your Rights Have Been Violated

If you believe your rights have been violated during a police investigation or traffic stop, you need to know how to respond. Be sure to document everything during the encounter (including the names and badge numbers of the officers involved). You can also file a formal complaint with the Texas Department of Public Safety or the local police department, which would be internally investigated. Many of them have resulted in disciplinary actions against officers.

If you believe your rights have been violated, you should speak to an attorney because he or she can advise you on specific legal options. So if you’re looking for a criminal attorney in Corpus Christi that can help you in these situations, be sure to reach out to Gale Law Group.

Part of knowing when to contact an employment attorney is recognizing the complications that can occur in the relationship between an employer and an employee, which can include the following:

• Wage disagreements.
• Workplace safety issues.
• Discrimination claims.
• Incidents related to wrongful termination.

An employment attorney can play an important role in helping both parties navigate the legal environment, so they can come up with a fair and balanced solution. They can provide legal counsel to employers and employees who are dealing with workplace-related issues, which can include a variety of services. Employment attorneys will usually focus on one side or the other (whether it’s an employer or an employee), but some will take clients on either side.

What a Texas Employment Lawyer Does

An employment law attorney in Texas can help employers and employees come up with an equitable solution if there’s a problem. This person will also make sure employers follow employment laws and their employees are treated fairly. Here are some of the specific things that an employment lawyer can do:

• Give legal advice — Employment lawyers can offer legal counsel about the rights and responsibilities outlined in federal and state employment legislation. This includes the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). They can also help employees determine if their rights have been violated and decide if they want to take legal action.
• Create employee handbooks and agreements — Because of their experience in dealing with legal issues related to employment, they can write or review employee handbooks and workplace safety policies to make sure they comply with labor laws and regulations.
• Negotiate and review employment contracts — These attorneys can negotiate, write, and review employment contracts and independent contractor agreements to make sure all the terms are legal and fair. They can look at the terms and conditions related to severance contracts, as well as non-compete and non-disclosure agreements. They can even look at executive compensation packages.
• Advise independent contractors — Employment attorneys can help independent contractors understand how they’re being classified and how their rights might differ from an employee’s.
• Monitor regulatory compliance — These attorneys can help businesses stay in compliance with labor and employment regulations as well as state and federal employment law. They can also help prevent any non-compliance issues that can otherwise lead to litigation.
• Help with litigation and administrative proceedings — Employment lawyers can represent parties on both sides during an employment litigation as well as in front of employment-related boards and agencies (such as the Equal Employment Opportunity Commission, the Department of Labor, and the National Labor Relations Board).
• Provide representation in disputes — These lawyers can represent their clients during court proceedings. They can resolve disputes involving a number of employment-related issues (such as discrimination, harassment, wrongful termination, breaches of contract, as well as wage and hour issues).

Sometimes, employers need to speak with an employment attorney about their business and employees, but there may also be a specific employment-related issue.

How a Texas Employment Lawyer Can Help Employees

Here are some of the ways that an employment law attorney in Texas can be beneficial to employees:

• In cases of wrongful termination — A number of laws have been put in place to make sure your rights as an employee are protected. But when those rights have been violated, a good employment attorney can help you use these laws as a foundation for a lawsuit.
• When you believe you have been treated unfairly — You can be mistreated at work in a number of ways. You may feel like your boss “has it out for you” or is treating you differently from other employees. An employment lawyer can help you build a case, which can involve collecting data related to specific incidents.
• When you get hurt or sick on the job — Workers’ compensation cases are some of the most common issues that employment attorneys must address. So if you get hurt or sick at work, they can help you file a claim so you can get paid over the long term.

Employment attorneys can also be helpful in other areas related to the following:

• Investigations into a toxic work environment — This issue is more than just a matter of law. It’s also a serious health problem and the fifth leading cause of death in the workplace. Having a lawyer to help you in these cases can not only prove that a workplace is toxic but can also make sure you’re fairly compensated in the process.
• Claims related to sexual harassment and racial discrimination — These types of cases need to be handled with vigilance, and you can only do it if you have an employment lawyer by your side.

If you’re looking for an attorney in Corpus Christi to help you with a case related to Texas employment law, be sure to reach out to Gale Law Group.

The state of our mental health can have an impact on choices and the things we do. So if you’re dealing with different mental health issues, it could be a factor if you have been charged with a crime. Some mental conditions can make people more likely to break the law, especially if they’re struggling with long-term substance abuse.  Even if they’re showing signs of improvement, their risk is still higher. In Texas, mental health is a significant factor in criminal defense cases. Your mental state can not only affect how you understand the charges, but it can also affect your ability to help in your defense and make informed choices.

Understanding Mental Health and the Texas Criminal Justice System

Our knowledge of mental health has grown quite a bit. We know that it can have a substantial impact on how someone behaves. If you’re feeling depressed, struggling with addiction, or dealing with bipolar disorder, it can be harder to make good decisions because you can’t get a clear perspective. More serious mental disorders (such as schizophrenia) can also make it hard for someone to control his or her actions.

According to Section 571.003(14) of the Texas Health and Safety Code, a mental illness is considered to be any of the following:

• An illness, disease, or condition (not including epilepsy, senility, or alcoholism) that can substantially impair someone’s thought, perception of reality, emotional process, or judgment.
• A condition that grossly impairs behavior.

In criminal defense cases, the prosecution may have to show what the mental state of the accused person was like. Finding out if someone is guilty of a crime or how much that person should be responsible for what he or she did often depends on that person’s mental state.

How Mental Illness Can Affect Criminal Behavior

There are times when having a mental illness can cause someone to break the law, but not everyone with a mental illness is a criminal. Also, not all crimes happen because of a mental illness. If you’re dealing with a mental illness, you should think about how it might have affected what you did. If you have a more severe disorder (such as schizophrenia) and don’t have access to treatment, the court may think it’s a good idea to order it and look at other ways to get you back on track.

Mental Health Defenses in Criminal Cases

In Texas, someone with a mental illness can get a lighter sentence if he or she has been charged with a crime. The court can appoint a “competency evaluator” to see if that person can participate in the trial. If that person believes the defendant to be mentally unstable, he or she may go to a mental health facility or treatment until that person is ready for trial.

According to Section 8.01 of the Texas Penal Code, you can claim that you committed a crime because of a severe mental illness and didn’t know that what you did was wrong. But you must be able to prove it.

Mental health issues can also be a factor in reducing your sentence, and it can be significant factor in plea bargains (which are deals where the defendant pleas guilty in exchange for a a reduced sentence). If you have a mental illness, you might be able to negotiate certain alternatives to incarceration (such as mental health treatment or community supervision).

Texas Law outlines what’s considered to be a criminal responsibility defense, which includes the following:

• Mental disease or defect that caused the offender to know his or her actions was a crime (often called an “insanity defense”).
• Mistake of fact, where the offender believed his or her actions were bearable.
• Mistake of law, where the offender thought his or her actions weren’t against the law.
• Temporary insanity caused by alcohol, drugs, or other substances.

If you have been accused of a crime, it’s presumed that you’re ready for trial unless it’s proven otherwise. So if you want a mental health defense to work, a professional will have to evaluate you and share his or her findings with the court. The judge or jury will then decide if you’re fit for trial.

If you have been charged with a crime and are looking for a criminal defense attorney to help you with your case, be sure to reach out to Gale Law Group. We have a team of experienced professionals who would be happy to speak with you!

Drug possession charges in Texas can come with heavy fines, probation, and even incarceration. But people facing these charges have legal rights and options for building a good defense. Some defenses seek to challenge the stated facts, testimony, or evidence related to the case. Others challenge the laws themselves. Some will even target procedural errors. If you understand these strategies, you’ll be better able to navigate the legal process and achieve a more favorable outcome.

Here are some common criminal defense strategies for drug possession charges in Texas.

#1: Fourth Amendment Violation

One effective defense strategy for drug possession in Texas is to question the legality of the search and seizure that led to the police discovering the drugs. The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures by law enforcement. If the police performed an illegal search or seizure, any evidence that was gathered may be considered inadmissible in court.

#2: Chain of Custody

The term “chain of custody” refers to the documentation and procedures that were used to track the handling of evidence from when it was collected to the time it was presented in court. Any gaps or inconsistencies in these procedures can cast doubt on the reliability of that evidence, which can weaken the prosecution’s case. A good criminal defense attorney can scrutinize the handling of the drugs by police officers, forensic analysts, and other parties that were involved so he or she can identify problems that could be used to your advantage.

#3: Lack of Knowledge or Control

Prosecutors must prove that you “knowingly and intentionally” had possession of the substance in question. So if you have been accused of drug possession in Texas, you can challenge the prosecution’s evidence by raising doubt about whether you had knowledge and control about the drugs in your possession. A defense attorney can argue that you weren’t aware that the drugs were present, didn’t have control over them, or had a legitimate reason for possessing them (such as a valid prescription). By casting doubt about the prosecution’s ability to prove its case, you can strengthen your defense against drug possession charges in Texas.

#4: Entrapment

Police officers are free to set up their own sting operations, but entrapment occurs when they and their informants induce a suspect to commit a crime that he or she wouldn’t have done otherwise. If an undercover cop scores or sells drugs from a suspect, that action would not be considered entrapment. But if the authorities decide to threaten or harass someone into committing a drug crime, that person can use entrapment as a possible defense. It’s a complicated situation that a criminal defense lawyer will be able to navigate.

#5: Not Enough Evidence

The prosecution must prove its case “beyond a reasonable doubt” by presenting enough evidence. Otherwise, it doesn’t have a case.  To be guilty of an alleged offense, certain elements must be satisfied before the jury can find you guilty. The same is true for a drug possession charge.

#6: Prescription Drug Defense

If your charges involved prescription drugs, you might be able to use this as a defense. But having a prescription for the drug doesn’t give you immunity from criminal charges. There is a specific set of circumstances where you can still be charged (such as having a quantity that exceeds the prescribed amount or using it in a way that isn’t consistent with the prescription).

The actions that surround your possession of prescription drugs will become a focal point during the legal process. The prosecution, judge, and jury will look at different factors related to the case so it can determine the validity of your argument. The prosecutor will also look at the evidence that was gathered during the investigation and determine if your possession of the drugs aligns with what’s listed in the prescription.

#7: The Drugs Belong to Someone Else

You can claim that the drugs belonged to someone else. You might be at a home with other people when the officers found them. Unless they forward and admit that the drugs belonged to them, you could be charged with possession. If the police have a warrant for your arrest and the other person has a history of being in trouble with the law, he or she isn’t likely to admit to being in possession of the drugs (which can lead to you getting charged even though they aren’t yours).

If you’re facing drug possession charges and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to reach out to Gale Law Group.

“The solution is: Get them down, get them handcuffed as quickly as possible, and get them up into a position where you are not going to have a problem with asphyxiation,” said Corpus Christi defense attorney Chris Gale.

Read the full story:

https://www.kiiitv.com/article/news/local/4-corpus-christi-cases-included-in-associated-press-investigation-of-police-in-custody-deaths/503-68a58da8-484f-4551-891c-d4a626ba94c5

According to Section 9.31 of the Texas Penal Code, you’re legally allowed to use force against someone else if you reasonably believe it’s needed to protect yourself from the other person’s use of force or if he or she attempts to use illegal force. Proving self-defense can come with its set of challenges, and it can be claimed in certain circumstances. If a burglar breaks into your home and is holding a gun, you could be justified in shooting that person because he or she poses a serious threat to your well-being. While you technically killed someone, you would not go to jail if the killing was justified (which is often called a “criminal justification defense”).

What is Self-Defense?

Self-defense is defined as the use of force or violence to protect yourself or someone else from immediate harm. You must reasonably believe that you’re in immediate danger of death, bodily injury, or serious harm. While this definition may seem simple enough, it raises a lot of questions when it’s used in real life.

It’s a widely accepted belief that someone has the legal right to self-defense and the defense of others. It’s also true when the act of self-defense would normally be considered a crime. Every state allows you to make this claim as a legal defense if you’re accused of a violent crime (such as a murder charge), and the same is true for Federal criminal law.

In Texas, it’s listed as one of several “criminal justification defenses,” which also include the following:

• Deadly force in defense of a person.
• Defense of a third person.
• Protection of life and health.
• Defense of own property.
• Deadly force to protect property.
• Use of a device to protect property.
• Necessity.
• Acting out of public duty.

If your actions qualify as one of the justifications that makes you exempt from criminal responsibility, you may use it as an affirmative defense that will justify your actions. You’re not legally required to retreat before you’re justified in using force against another person if you have the right to be at that location, aren’t engaged in any criminal activity, and haven’t provoked the use of force. It can, however, be used to determine if the use of force was reasonably necessary.

Texas Law justifies the use of force if you’re using it to protect other people if you believe they are at risk of being harmed, especially if they’re not able to defend themselves or if their interference is critical in a life-or-death situation. The use of deadly force is justified if it’s being used to protect someone else, but your actions must be reasonable. Your use of force must also be proportionate and appropriate.

Texas considers the protection of property to be a legal extension of self-defense. So, you can use force (including deadly force) to protect your home, workplace, office, or vehicle. But Texas Law does require you to use “reasonable force” in these types of situations, so you must believe it to be a necessary response to someone else’s actions.

When is Self-Defense Not Justified?

You can’t justify the use of force by saying you did it in self-defense, and you can’t attack people who say they’re going to beat you up but keep walking. Punching someone because he or she made a verbal threat would not be considered self-defense, and the same is true for resisting arrest (unless the officer used more force than necessary).

Self-defense may not be an option if you consented to the exact force that was used or attempted. If someone volunteers to demonstrate a judo flip, he or she can’t punch the instructor after he or she has consented to the exact use of force. If you “provoke the use of force,” you can’t claim self-defense. But if someone else provoked the use of force before abandoning the encounter, you might be able to use self-defense to justify any continued attack.

What is the Burden of Proof for Self-Defense in Texas?

You must be able to back up any self-defense claims with evidence because the prosecutor will persuade the court that the opposite is true, but he or she must be able to prove it beyond a reasonable doubt. It’s an accepted standard of proof that means the evidence in the case and their supporting arguments establish the guilt of a particular person.

If you’re looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to reach out to Gale Law Group.