SAN ANTONIO – There is a new lawsuit against the Bexar County Sheriff alleging defamation, slander and violations of due process.

The claims are coming from a couple arrested and accused of kidnapping a 3-year-old girl last year.

Read the full story here

If you have been convicted of a crime, you may have to serve time in prison and pay a series of fines. But, after you have served your prison sentence, you will most likely have to go through a probation program before it’s considered “fully served.” To go through this process, you will have to follow a strict set of rules and meet with your probation on a regular basis. There are some things you can do to make this process easier, so you can get off of parole without being sent to prison for a probation violation.

When you’re on probation, you have been given a chance to stay in society instead of being incarcerated, but you will be under the supervision of the court. During this period, you will have to follow the terms and conditions that have been set by your probation officer, which will depend on the type of crime you committed and the county in which you were convicted. If you fail to meet these conditions, you run the risk of being incarcerated (most likely for a long period of time).

How You Can Stay in Compliance with the Terms of Your Probation in Texas

Here are some things you can do to make sure you stay in compliance with the terms of your Texas probation:

• Make sure you understand it completely — If you have been flagged for a probation violation and you have to talk to a probation officer or judge, claiming that you didn’t realize you were doing so isn’t going to get you off the hook. It’s your responsibility to understand and follow all the terms that have been set by the court, so make sure you ask your probation officer to clarify anything you don’t understand.
• Develop a good relationship with your probation officer — Your probation officer has a lot of power. And if you make a mistake or violate the terms of your probation in Texas, he or she can recommend that it be revoked. Make sure you get on the good side of your probation officer by always being on time (or even early) for your scheduled meetings and by being respectful at all times.
• Show up for all your appointments — Know when and where you need to be for your appointments, and make sure you’re there every time. It takes precedence over everything else in your life. But if something does come up, notify your probation officer as soon as possible. It doesn’t mean you’re in the clear for missing a meeting, but letting people know why after the fact can get you in trouble.
• Keep records — If part of your probation includes paying child support or going to a certain number of alcohol education classes, make sure you keep accurate records of any payments you made or classes you attended because it will go much further than your word when it comes to proving your case.
• Stay out of trouble — If you aren’t allowed to drink alcohol, don’t go to a bar or hang out at a party that serves it. Don’t put yourself in a position where you can unintentionally break the terms of your Texas probation with the hope that you can get away with it. The short-term benefits of breaking the rules aren’t worth the long-term consequences (which can lead to more jail time). So, make sure you stay out of trouble while you’re on probation.
• Pay your fees — Most people who are put on probation in Texas are required to pay certain fees, fines, and other expenses. This might include court costs, probation fees, costs related to drug testing, and restitution payments to the victim. Make sure you pay them in full and on time. But if you’re not able to pay, at least try to pay a little toward them as often as you can. Late or unpaid fines can lead to a revocation, which can get you arrested and sent to jail.
• Get a job — The conditions of your probation will most likely require you to get and keep some type of steady employment. Your probation officer wants to know you’re working and are being a productive member of society, and some will want to see a pay stub or some other proof of employment.

If you have any questions about how probation works in the State of Texas, be sure to speak to someone at Gale Law Group. We’re a criminal defense lawyer in Corpus Christi with years of combined experience in dealing with these types of cases, and we would be happy to answer any questions you may have.

During the holiday season, more people will be out eating, drinking, and being merry. So, the odds of getting arrested for a DWI are higher. Alcohol-related driving fatalities are more common from Thanksgiving to New Year’s Day, which is one of the most disturbing statistics (especially when it’s during a time that’s supposed to be cheerful). You can keep from becoming one of these DWI-related statistics if you take certain steps to avoid any drunk-driving consequences over the holidays.

What You Can Do to Avoid a DWI in Texas During the Holidays

Here are some things you can do to avoid a DWI in Texas during the holiday season:

• Don’t drink and drive — The easiest and best way to keep from getting a Texas DWI is not to drink if you plan to drive or can’t find a designated driver. Driving drunk doesn’t just affect you. It’s dangerous for everyone else who shares the road.
• Make sure you’re under the legal limit — Like every other state, Texas has a legal blood alcohol content (BAC) level under which you’re permitted to drive. And one way to avoid getting a DWI in Texas is to keep it under control. One way to keep your BAC down is to eat while you drink, because food will help your body to digest the alcohol.  You can calculate your BAC based on your weight, but you need to be careful about how many drinks you have per hour.
• Drive safely — Safety should always come first when you’re driving. But when you’re out drinking, you need pay close attention to all traffic laws. Now isn’t the time to beat the yellow light or roll through that stop sign. Your attention should be on the road, so texting and chatting on your phone or messing with the radio isn’t a good idea.
• Behave yourself — If you get pulled over by a police officer, be polite and cooperative while complying with his or her requests. This can include retrieving your driver’s license and agreeing to sobriety tests.
• Stay Sober — You can’t get arrested for a DWI in Texas if you don’t drink at all. You can also serve as a “designated driver” to anyone who plans to drink at that time.
• Find someone reliable to be your “designated driver” — If you plan to drink at a certain event, you can ask someone to be your designated driver. Just make sure it’s someone you know will stay sober even when he or she is faced with peer pressure.
• Use a rideshare service to request a ride — If you’re not able to find a designated driver, you can always use a rideshare service to get home safely. But there’s one thing you should keep in mind. When there’s a great deal of demand for rides, surge prices will apply. So, you should expect to pay the highest fares between midnight and 3:00am.
• Stay at a friend’s place or book a hotel — If you live far from the event and you have a friend who lives close to the venue, you can ask him or her to spend the night so you don’t have to drive back home. If you don’t know anyone who lives close to the event, you can book a room at the closest hotel or motel.
• Host a holiday party — You can avoid leaving your home in the first place by hosting an event in your own home. Just make sure you’re open to someone spending the night or to make driving arrangements for your guests.
• Don’t rely on the “one drink an hour” rule — Everyone gets a different reaction to alcohol, so the rule of having one drink every hour won’t work for everyone. Some people can absorb and eliminate the alcohol from a single drink in just one hour, but there have been many cases where someone followed this rule and still got arrested for a Texas DWI.
• Be aware of your own limit — When it comes to alcohol, everyone is different. What one person can tolerate may be too much for someone else. Make sure you know your limit, because it will keep you from having more than you can handle.

If you have been charged with a DWI in Texas and need to hire one of the best criminal lawyers in Corpus Christi, TX, be sure to get in touch with Gale Law Group. We would be happy to speak wit you about your case!

The laws for marijuana use have changed at a rapid pace in the United States, especially in recent years. This has left people confused about what is and isn’t legal in different parts of the country. The attitudes toward marijuana use has changed quite a bit throughout many parts of the country, but Texas has gone its own way. Many states have allowed for the medical use of marijuana, has decriminalized petty offenses, and has even legalized recreational use. Texas, on the other hand, continues to impose severe penalties for marijuana use, but it did pass a very restrictive medical cannabis law that allows for the limited use of low-THC, high-CBD cannabis oil.

In the State of Texas, possessing even a small amount of marijuana can result in jail time. Anything less than two ounces can lead to jail time of up to 180 days and a fine of up to $2,000. But if you’re caught carrying concentrates (such as hash oil), you’ll be charged with a felony and can lead to prison time of up to two years. While there have been some more progressive proposals with regard to marijuana legislation, only one bill has allowed for the limited use of low-THC cannabis products. And Texas lawmakers have legalized the commercial production of hemp.

Recreational Marijuana Laws in the State of Texas

It’s a crime in the State of Texas to possess marijuana for recreational use. If you’re caught with up to four ounces of pot, you’ll be charged with a misdemeanor. This could lead to a fine of up to $4,000 and a year in jail. Being caught with more than four ounces is a felony, which can lead to at least 180 days and up to 99 years in prison and a fine of $10,000 – $50,000 (depending on the amount). There have been efforts in the Texas legislature to decriminalize marijuana, but nothing has passed. Possession of pot will result in prosecution, including the mandatory minimum sentence for the possession and sale of large amounts.

The drug penalties in the State of Texas depend on three factors:

• The amount of the substance you have in your possession.
• The type of substance in your possession.
• Whether you were in the presence of minors when you were caught.

The penalties for marijuana possession in the State of Texas include:

• Under 2 ounces: Class B misdemeanor.
• 4 ounces to 5 pounds: State jail felony.
• 5-50 pounds: 3rd degree felony.
• 50-2,000 pounds: 2nd degree felony.
• Over 2,000 pounds: Texas Department of Criminal Justice Institution for life or 5-99 years and a $50,000 fine.

The penalties for the sale of marijuana in the State of Texas include:

• 0.25 ounces or less: Class B misdemeanor (with no renumeration).
• 0.25 ounces or less: Class A misdemeanor (with renumeration).
• 0.25 ounces to 5 pounds: State jail felony.
• 5-50 pounds: 2nd degree felony.
• 50-2,000 pounds: 1st degree felony.
• Over 2,000 pounds: Texas Department of Criminal Justice Institution for life or 10-99 years and/or a fine of $100,000.

If you deliver over 0.25 ounces of marijuana to a minor under the age of 17 who is currently in school, you’ll be charged with a second-degree felony. And if you’re in a drug-free zone, the penalties will be doubled.

Medical Marijuana Laws in the State of Texas

While there has been some legislative support for the medical use of marijuana in the State of Texas, no comprehensive law has been put into place. But the state did pass a low-THC cannabis oil bill. Patients who qualify need to get a prescription from two certified specialists before they can be legally allowed to use cannabis oil with up to 0.5% THC. While the law has been put into effect, many people are skeptical about whether it be successfully implemented. While doctors can “prescribe” patients, few of them are willing to do it because prescribing a Schedule I Controlled Substance could put their DEA license at risk.

When the law was first passed, it only applied to the treatment of intractable epilepsy. But last year, Governor Greg Abbott signed a bill that expanded it to the following conditions:

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS)
• Autism
• Huntington’s Disease
• Multiple Sclerosis (MS)
• Parkinson’s Disease
• Spasticity
• Terminal Cancer

Hemp-based CBD products are legal under Federal Law, but state laws may vary. Feel free to speak to someone at Gale Law Group for more information. We’re a criminal defense lawyer in Corpus Christi that will fight for you. So if you’re facing a marijuana charge, be sure to reach out to us.

In 2018, the Corpus Christi crime rate was 411 per 100,000, which was 1.5 times higher than that national average. This was also higher than 91.9% of U.S. cities and was an 8% increase compared to the previous year. The city had 24 homicides, which was an increase of 3 compared to 2017. And in the last five years, the City of Corpus Christi experienced an increase in violent crimes. The overall crime rate in Corpus Christi is higher than other areas of the Coastal Bend, which have the following crime rates:

• Portland has a crime rate of 154.6 per 100,000.
• Gregory has a crime rate of 70.8 per 100,000.
• Ingleside has a crime rate of 175.5 per 100,000.
• Taft has a crime rate of 146.4 per 100,000.
• Robstown has a crime rate of 422.9 per 100,000.
• Aransas Pass has a crime rate of 430.8 per 100,000.
• Port Aransas has a crime rate of 428.7 per 100,000.
• Sinton has a crime rate of 457.8 per 100,000.

The City of Corpus Christi has been consistently higher than the national average since 2002. And as of September 1, 2020, there were 1,086 registered sex offenders living in the area.

Individual Crime Rates in Corpus Christi

The individual crime rates increased in 2018 compared to the previous year. And while the overall crime rate has gone down compared to what it was in 2005 (which was at 540.4 per 100,000), there has been a steady increase in many crimes in the city. Some of the crime statistics for the City of Corpus Christi include:

• The murder rate in 2018 was 24 per 100,000. This is higher than it was in 2005, which was 8 per 100,000.
• The number of rapes was 296 per 100,000 in 2018, compared to 217 per 100,000 recorded in 2005.
• 515 robberies were committed per 100,000 in 2018, compared to 481 per 100,000 recorded in 2005.
• 1,654 assaults were committed per 100,000 in 2018, compared to 1,342 per 100,000 recorded in 2005.

Some crime rates were lower compared to what they were in 2005, but they were still higher compared to more recent data. Some of these crime rates in Corpus Christi include:

• 2,146 burglaries were committed per 100,000 in 2018, compared to 2,232 per 100,000 recorded the previous year.
• 8,913 thefts were committed per 100,000 in 2018, compared to 8,776 per 100,000 recorded the previous year.
• 913 auto thefts were committed per 100,000 in 2018, compared to 731 per 100,000 recorded the previous year.
• 70 arsons were committed per 100,000 in 2018 compared to 57 per 100,000 recorded the previous year.

The violent crime rate in Corpus Christi for 2018 was 434.4 per 100,000, which was higher than the national average of 207.3 per 100,000 recorded the same year. The property crime rate for the City of Corpus Christi was 308.0 per 100,000, which was higher than the national average of 189.3 per 100,000 recorded the same year. Both of these statistics were higher than they were the previous year. The number of law enforcement employees in the City of Corpus Christi (including police officers) in 2018 was 652, which includes 443 officers. And the average number of officers for every 1,000 residents was 1.35. This is lower than the Texas average for that year, which was 1.55. In fact, the average number of officers for every 1,000 residents has been consistently lower than the Texas average in previous years.

The percentage of crimes committed in 2018 were as follows:

• 61.3% were thefts.
• 14.8% were burglaries.
• 11.4% were assaults.
• 6.3% were auto thefts.
• 3.5% were robberies.
• 2.0% were rapes.
• 0.5% were arsons.
• 0.2% were murders.

For more information about the crime rates in Corpus Christi and how you can defend yourself if you have been accused, be sure to speak to a qualified attorney.

Your Choice for a Criminal Defense Attorney in Corpus Christi!

If you have been accused of a crime and need someone to come up with a solid defense, Gale Law Group is here to help. We have a team of experienced attorneys who will not only represent you in court but will also make sure that your rights are protected. We’re a criminal defense lawyer in Corpus Christi that will fight for you. So if you want the best chance to defend your case, be sure to get in touch with us. We would be happy to speak with you about the details of your case!

Here are some resources for parents who might be struggling with their kids learning online.

CORPUS CHRISTI, Texas — Like most parents, Miranda Lindley knows the stress of having a child who is beginning the school year online versus in person.

“The hardest part for us is having a six year old having, her sit still and keep her attention for the 30 minutes it would take on a screen,” said Lindley.

Lindley, who has also been working from home because of the pandemic, knows she is one of the luckily ones as she is able to keep an eye on her daughter throughout the school day.

Read the full article here!

If you have ever wondered what the most common crimes in Texas are, you’re not alone. Every state has their own set of crime statistics. In Texas, they vary with the population of each area. Texas is the second largest state in the US, so it has everything from vast rural areas to the fourth largest city in the country. So the greater the city’s population, the higher the crime rate. The Texas cities with the highest crime rates include:

• Houston
• San Antonio
• Dallas
• Austin
• Fort Worth

The Texas Department of Public Safety provides crime reports and statistics for each year, which allows residents to keep up with the most common crimes. When people are aware of the most common crimes being committed in their state, they can take measures to protect themselves.

Here are some of the most common crimes being committed in the State of Texas.

#1: Drugs

While drug-related offenses are common in every state, it’s a major problem in Texas. Drug offenses make up the majority of Texas arrests, which includes possession. This is no surprise when you consider the size of the state itself, and it should be no surprise that, like most states, drug crimes are taken seriously in Texas. There are certain types of drugs that are illegal to use, manufacture, share, distribute, sell, or possess. Some of them include but may not be limited to:

• Controlled Prescription Drugs (CPD).
• Heroin.
• Fentanyl and other synthetic opioids.
• Cocaine.
• Methamphetamines.
• Marijuana.
• New psychoactive substances (NPS).

Both the State of Texas and the federal government believe that the same substances go against the interests of the public and need to be categorized as “controlled substances.”

#2: Theft

Theft is the second most common crime in Texas. In the last year alone, there were 518,000 theft-related arrests in the State of Texas. If you have been accused of theft in the State of Texas, you might be able to use the following defenses:

• Lack of intent — You took the item without intending to steal it. You might have returned a borrowed item, regardless of how aggravating it might be for the owner.
• Mistake of fact — The item was thought to have been stolen when it really wasn’t.
• Age — While being a minor is not a complete defense, it may be a way to get a less severe penalty.

Be sure to speak to a qualified attorney for more information.

#3: Aggravated Assault

About 118,000 people were arrested for this crime in the State of Texas, and this number includes simple assault as well. Someone commits an act of assault it he or she:

• Intentionally, knowingly, or recklessly causes bodily injury to someone else (which can include the person’s spouse).
• Intentionally or knowingly threatens someone else with bodily injury, which can include the person’s spouse.
• Intentionally or knowingly makes physical contact with someone else when he or she knows or should reasonably believe that the other person will consider the contact offensive or provocative.

Feel free to speak to qualified attorney for more information.

#4: Burglary

Anyone who illegally breaks into something is committing the crime of burglary. This can include a machine, a car, or a house. In the State of Texas, over 100,000 individuals are arrested every single year for committing burglary. Examples of this crime include but may not be limited to:

• Staying past your permitted time in a private or public building with the intention of committing an act of assault.
• Hiding inside a retail store after hours with the intention of committing an act of theft.
• Entering a rail car with the intention of commit theft.
• Breaking into a coin collection machine in an attempt to steal money.
• Using a coat hanger to unlock a car door with the intention of stealing a purse.
• Entering a recreational vehicle to assault someone inside.

Feel free to speak to a qualified attorney for more information.

#5: Robbery

Unlike burglary, robbery is considered a violent crime because it involves direct contact with the victim (which will typically lead to injury). In 2017, over 32,000 people were arrested for robbery in the State of Texas. Not only is it one of the most common Texas crimes, it’s also extremely dangerous to the victim. You should always be alert when you’re walking alone, and you should keep a phone on you at all times.

If you have been charged with any of these crimes, be sure to speak to someone at Gale Law Group. We’re a criminal defense attorney in Corpus Christi that will fight for you. So if you want to increase your chances of coming up with a solid defense, get in touch with us today!

If you have been charged with a crime in the State of Texas and took a probation, you might be able to get an early termination. But to qualify, you need to complete at least a third or two years of your probation (whichever is less). Some serious offenses prohibit judges from approving an early termination of probation. If you have any questions about whether you’re able to get your probation terminated early, be sure to speak to a criminal defense attorney in Corpus Christi for more information.

What is an Early Termination of Probation?

Courts can decide to grant an early termination of probation, which they can do at their discretion. And they can grant it for many misdemeanor and felony offenses. Once you have gone through an early termination of probation hearing, you’ll no longer be on community supervision. But judges aren’t required to grant an early release. So, you won’t be able to force a judge to approve your motion for an early termination of probation. Even if you have completed all the terms, judges don’t have to grant an early discharge if they don’t want to. But most of them will listen to what you have to say and will try to reduce your probation whenever possible.

You want to minimize what you have on your criminal record, so you can reduce the number of future consequences (both seen and unforeseen) related to these charges. An early termination or deferred adjudication is one way to start this process. Having a probation on your record is better than a prison sentence, but being successful on a motion for an early termination of probation will look even better. Getting a charge reduced is always preferable to pleading guilty, which is why you need to speak to a qualified attorney for more information.

How Soon You Can Request an Early Termination of Probation

If you were given a probation sentence, you can ask for an early termination after it has been imposed. But a court will usually require defendants to serve at least nine months (or even one year) of a misdemeanor probation. For felony charges, they’ll require at least 18 months before you can qualify for an early termination. If you were given a regular or “straight” probation, you’ll have to complete at least a third of your probation or two years (whichever is less).

The Process for Requesting an Early Termination of Probation

To get an early termination of your probation, you’ll have to work with a qualified attorney to go through the following steps:

• Draft a motion that requests an early termination of your probation.
• Schedule a date to appear in court.
• Speak to the prosecutor and probation officer to get their support.
• Present your argument to the judge.

Before you can start your early termination of probation hearing, the prosecutor must get an advance written notice, so he or she has the opportunity to state any objections on the record. If your request for an early termination is successful, most judges won’t require you to pay any probation fees later on.

How Courts Decide to Grant an Early Termination of Probation

Courts will take a look at all the circumstances of your case, which can include but may not be limited to:

• The seriousness of the events leading to the conviction.
• Whether you have completed all the terms and conditions of your probation.
• The extent or lack of your criminal record.
• Whether the probation is keeping you from getting employment or any other benefits.
• The prosecutor’s position on the issue.

If you meet the basic requirements for an early termination of probation, the judge may consider your request if you meet all of the following:

• You showed exemplary behavior during your probation.
• You completed all the hours of your community service.
• You paid all of your fines and restitutions in full.
• You have met all the conditions of your probation.

There are, however, some offenses (such as sex crimes and DWI charges) that aren’t eligible for an early termination. If you want more information about what you can do to start the process and whether you qualify, Gale Law Group can help you. We’re a criminal defense lawyer in Corpus Christi that can help you with the process. Feel free to reach out to us, so you can find out why we’re one of the best criminal defense attorneys in the Coastal Bend.

CORPUS CHRISTI, Texas — The lawsuit filed in federal court on June 5 claims Cimarron Place Health and Rehabilitation violated the family’s first act when it fired one of its CNAs.

Attorney for the plaintiff Amie Augenstein said her client contacted several clinics as well as the health department. She was administered a test for COVID-19 and told to self-quarantine until she received her test results. 

Read The Full Story Here!

While the work of Mothers Against Drunk Driving (MADD) has brought forth a lot of changes, the dangers of Texas drunk driving still exists. People still drive while under the influence of alcohol, which continues to put people who share the roadways with them at risk. Not to mention, the people whose lives will be changed forever because they have lost a loved one or have suffered a terrible injury that has resulted in a disability. You might think you’re helpless when it comes to protecting yourself and your family from the damage that a drunk driver can cause, but there are some things you can do to stay safer while you’re on the road.

Your First Line of Defense Against Texas Drunk Driving

Before you get on the road, you want to make sure you wear your seatbelt and require all of your passengers to do the same. You also want to keep a safe distance from any vehicle in front of you, because it will give you enough time to stop or avoid hitting a driver that may be moving erratically. And if you notice a driver who is swerving or driving in a strange manner, stay as far away from them as possible. Don’t try to stop or confront the driver yourself. Contact the police so you can notify them of the situation, and give them a description of the car as well as its license plate number if you can.

Some of the common signs of a drunk driver include but may not be limited to:

• Constant braking.
• Turns that are sudden, illegal, or wider than usual.
• Not using turn signals or lights.
• Inconsistent accelerating or decelerating.
• Drifting away from the lane or straddling the center line.

Many accidents related to drunk driving happen at intersections, because the impaired driver isn’t following the traffic signal or stop sign. When a traffic light turns green or when you’re entering an intersection with a stop sign, be sure to look both ways for any oncoming traffic. And make sure you yield when it’s necessary.

Legal Options if You Have Been Affected by Texas Drunk Driving

If you have been forced to pay for the actions of an impaired driver, there are certain legal actions you can take that will force them to bear most or all of the financial burden through a personal injury or wrongful death lawsuit. The State of Texas allows for the recovery of any of the following:

• Lost wages or earnings.
• Lost earning capacity.
• Pain and suffering.
• Loss of enjoyment of life (which can include any physical impairments that affect your ability to complete everyday activities).
• Permanent scarring or disfigurement.
• Funeral expenses.
• Counseling services (including grief counseling).

The State of Texas also allows people who have been injured by a drunk driver or any family member who has lost a loved one because of an accident related to drunk driving to recover punitive damages against the impaired driver. These damages are meant to include additional punishments for the driver because of the choices that he or she made after you have been forced to live with the consequences. Punitive damages are also meant to serve as a warning to other people who are thinking about driving drunk.

The State of Texas allows the victims of drunk driving accidents to take legal actions against a bar, restaurant, liquor store, or any other business that sold alcohol to the impaired driver. This is called a “dram shop liability lawsuit.” Texas businesses can be held accountable for any injuries of wrongful death that has been caused by a drunk driver in the following cases:

• It served alcohol to someone who is visibly intoxicated and clearly presents a danger to himself or herself as well as to others.
• It served alcohol to a minor who caused an accident because he or she was driving drunk.

A dram shop liability lawsuit can be added to any legal claim that a victim and his or her family may have against the driver and his or her insurance. If a business decides to “overserve” someone who is clearly intoxicated or to a minor, it can be held financially responsible for any physical injuries, property damage, or death that has been caused by the drunk driver.

For more information about drunk driving laws in Texas, be sure to contact Gale Law Group. We’re a criminal defense attorney in Corpus Christi that can help you with your case!