Gale Law Group
525 Clifford Street
Corpus Christi, TX 78404
361.808.4444
  1. Former city employee files civil lawsuit over unpaid benefits of around $15,000

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    The lawsuit states Rudy Bentancourt had around 528 hours of unused sick time saved up. He had planned to cash out this allocated time when he retired.

    A former city employee and his attorney have now filed a civil lawsuit against the city of Corpus Christi alleging age discrimination.

    The collective action complaint was filed this week in the U.S. District Court for the Southern District of Texas Corpus Christi Division.

    The Lawsuit was filed on behalf of 47-year-old Rudy Bentancourt, who claimed the city did not pay him his full unused sick time when he retired in February.

    Read the full article: https://www.kiiitv.com/article/news/local/former-city-employee-files-civil-lawsuit-over-unpaid-benefits-of-around-15000/503-cd01eb62-1f29-4b62-bc18-d1a01973ac17


  2. Corpus Christi is Ranked 43rd in America for Violent Crimes

    In 2019, the FBI ranked Corpus Christi as the 43rd most dangerous city in America for violent crimes. This is based on gathered information in each reported city, which is a collection of crime data called “uniform crime reporting.” The FBI classifies murder, some cases of manslaughter, rape, robbery, and aggravated assault as violent crimes. In 2019, there were an estimated 736.9 violent crimes for every 100,000 people in Corpus Christi. It’s still lower than Houston, which had 1,072 violent crimes. But it’s still higher than San Antonio (which had 515.9 violent crimes) or Austin (which had 286.9 violent crimes). Dallas doesn’t report violent crimes to the FBI, so it isn’t ranked on the list.

    crime in corpus christi

    Current Violent Crime Data in Corpus Christi

    If you’re a resident of Corpus Christi, you have a 1 in 115 chance of becoming a victim of a violent crime. This is in a city with a population of over 326,000 people. Here is the data for the different types of violent crimes for the City of Corpus Christi:

    • There were 31 murders for a rate of 0.09 per 1,000 people.
    • There were 266 rapes for a rate of 0.81 per 1,000 people.
    • There were 499 robberies for a rate of 1.53 per 1,000 people.
    • There were 2,034 assaults for a rate of 6.23 per 1,000 people.

    The total number of violent crimes for the United States (which has a population of over 328 million people) are as follows:

    • There were 16,425 murders for a rate of 0.05 per 1,000 people.
    • There were 139,815 rapes for a rate of 0.43 per 1,000 people.
    • There were 267,988 robberies for a rate of 0.82 per 1,000 people.
    • There were 821,182 assaults for a rate of 2.50 per 1,000 people.

    Corpus Christi had over 4,240 total reported crimes per 100,000 people in 2020, which is higher than the rates for Texas and the United States. This included 794 violent crimes per 100,000 people that were reported that same year. Here is the individual data for each of the crimes reported in 2020:

    • There were 9.4 murders for every 100,000 people.
    • There were 51.1 rapes for every 100,000 people.
    • There were 100 robberies for every 100,000 people.
    • There were 263 assaults for every 100,000 people.

    If you have been charged with a violent crime, the penalties can be harsh. The last thing you want to do is go at it alone. So, be sure to speak to a criminal defense lawyer in Corpus Christi to help you with your case. At Gale Law Group, we have a team of people who will fight for you!

    Current Property Crime Data in Corpus Christi

    If you live in Corpus Christi, you have a 1 in 28 chance of becoming a victim of a property crime. This can include burglary and theft (including motor vehicle theft). Here is the data for the different property crimes in Corpus Christi:

    • There were 1,988 burglaries for a rate of 6.09 per 1,000 people.
    • There were 8,619 thefts for a rate of 26.37 per 1,000 people.
    • There were 895 motor vehicle thefts for a rate of 2.74 per 1,000 people.

    Here is the total number of violent crimes for the entire country:

    • There were 1,117,696 burglaries for a rate of 3.42 per 1,000 people.
    • There were 5,086,096 thefts for a rate of 15.50 per 1,000 people.
    • There were 721,885 motor vehicle thefts for a rate of 2.20 per 1,000 people.

    There were 3,446 property crimes reported in Corpus Christi for 2020, which includes the following:

    • There were 595.5 burglaries for every 100,000 people.
    • There were 2,579.3 thefts for every 100,000 people.
    • There were 270.9 motor vehicle thefts for every 100,000 people.

    This is compared to the 2,391 property crimes reported in Texas, which includes the following:

    • There were 392.8 burglaries for every 100,000 people.
    • There were 1,730.6 thefts for every 100,000 people.
    • There were 267.2 motor vehicle thefts for every 100,000 people.

    If you have been accused of a property crime and are looking for the best criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group. If you have been charged with any kind of crime, you don’t want to go it alone. So if you want someone who will fight for you, we would be happy to speak with you about how we can help you come up with a solid defense.


  3. Repeat Offender Sentencing Laws in Texas

    In certain circumstances, Texas Law allows for certain “enhancements” with regard to the sentencing on criminal charges. And one of the circumstances that can affect it is if you’re considered a repeat (or habitual) offender. If you meet this definition, you could face harsher penalties for the same charge than if it was your first offense and had no previous convictions. For the court to use this enhancement, it needs to make sure you meet this specific definition. And if it doesn’t apply, they can’t use it against you.

    Definition of a Habitual or Repeat Offender

    Like many states around the country, Texas takes a hard stance on people who have been convicted of multiple felonies. If you had at least two previous felony charges and committed a third offense, you could be considered a habitual offender. And your sentencing could be harsher because of this designation. There are, however, some scenarios that could apply to this situation. Some of them can include but may not be limited to:

    • If you were convicted of a third-degree or higher felony and are facing another third-degree felony charge, your conviction will be sentenced as if it were a second-degree felony.
    • If you were convicted of a third-degree or higher felony and are facing a second-degree felony charge, your conviction will be sentenced as if it were a first-degree felony.
    • If you were convicted of a third-degree or higher felony and are facing a first-degree felony charge, your conviction will be sentenced as if it were a capital felony with a minimum of 15 years in prison.
    • If you had two previous state jail felony convictions and are facing a new state jail felony charge, your conviction will be sentenced as if it were a third-degree felony.
    • If you had two previous third-degree or higher felony convictions committed in a series, getting a new state jail felony will be sentenced as a second-degree felony.

    If you’re considered a repeat offender, it can significantly enhance the penalties you face if you’re convicted of another crime.

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    The Three Strike Law in Texas

    Repeat offenders are subject to the Three Strike Law in Texas, which says that certain crimes committed with one or more previous occurrences could lead to the harshest possible penalties. For this to be the case, both of the previous convictions need to have occurred after the other has been completed and sentenced. But if there’s any overlap, they don’t count as “prior felony convictions.” If you had two previous felonies that apply to this rule and are facing a third felony conviction, it could result in the following penalties:

    • Life in prison.
    • A prison sentence not to exceed 99 years.
    • A prison sentence not less than 25 years.

    Even if you’re only facing a second-degree felony, you could be sentenced to life in prison.

    Additional Enhancements for Repeat Offenders

    Certain repeat offenses can lead of a life sentence even with only one previous conviction. These crimes are so serious that a repeat offense could lead to a person being permanently taken out of society. Some of them include but may not be limited to:

    • Sexual assault (rape).
    • Aggravated sexual assault.
    • Indecency with a child.
    • Aggravated kidnapping.

    If any of these convictions are on your record, it’s extremely important for you to hire an attorney with experience in dealing with repeat offender cases. Otherwise, you could face a life sentence.

    Possible Defenses Against a Repeat Offender Designation

    The best way to defend yourself against a repeat offender designation is to be found not guilty of the charge you’re currently facing. If you’re not convicted, you can avoid the designation altogether. Some of the defenses that can lead to this result can include but may not be limited to:

    • Filing a suppression motion that will exclude any evidence that was unconstitutionally gathered.
    • Presenting reasonable doubt to the jury.
    • Showing inconsistencies in the prosecutor’s case.
    • Challenging the testimony or credibility of witnesses.
    • Calling your own witnesses to testify on your behalf.
    • Proving that the charges filed against you are false.

    Even if you’re convicted, there are still ways to avoid the worst possible sentence. Texas judges have a great deal of discretion on how they can sentence you. Because of certain factors (such as prison overcrowding and funding problems), they will often give you something other than a life sentence. If you have an experienced criminal defense lawyer in Corpus Christi to help you with your case, you can show the judge why you should be given a lesser penalty than what he or she could impose. A qualified attorney knows what to argue, what the judge is looking for, and how to use the unique circumstances of your case to argue a lesser sentence.

    If you’re looking for the best criminal defense attorney in Corpus Christi, be sure to get in touch with Gale Law Group.


  4. How to Defend Against a DWI in Corpus Christi

    Driving While Intoxicated (DWI) is considered a serious crime in the State of Texas and can come with serious consequences. Yet, most of the people who are charged with a DWI in Texas are hard-working people with no criminal history. The first and second DWI offense is considered a misdemeanor. But after that, it’s considered a felony. The same is true for any of the following charges:

    • DWI with marijuana.
    • DWI with prescription drugs.
    • Flying while intoxicated.
    • Boating while intoxicated.

    There are also people get charged with the following offenses:

    • Driving with an open container.
    • DWI with a child passenger.
    • Intoxication assault.
    • Intoxication manslaughter.

    Every one of these cases can lead to the following:

    • License suspension.
    • Scram bracelets.
    • Jail time.
    • Ignition interlock.
    • Fines and fees.
    DWI Defense

    It can also result in license renewal surcharges from the Texas Department of Public Safety of $1,040 a year for up to three years. It can also lead to enhanced penalties, depending on who the “victim” was if you caused an accident. There are a lot of collateral consequences that can affect your entire life.

    Long-Term Consequences of a Texas DWI

    Some of the long-term consequences of a DWI conviction in the State of Texas can include but may not be limited to:

    • Your ability to find and keep a good job, which can include careers that require a security clearance or professional licenses.
    • Your ability to provide for your family and to have custody of your children.
    • Your ability to get a student loan or mortgage.
    • Your ability to rent an apartment.
    • Your ability to own and use a firearm.
    • Your ability to vote.

    Even after you have completed your sentence, you will have to pay the price. Some people (such as first-time DWI offenders with a breath test or blood test) may be eligible for an expunction or nondisclosure, but other people (including those who have been convicted of a felony DWI) can lose some of their basic constitutional rights. They can sometimes be reinstated in the State of Texas, but it can be a difficult and time-consuming process without any guarantees.

    Why You Should Fight a DWI in Texas

    The consequences of a Texas DWI are enough reason to fight these kinds of charges, but it’s your name that’s really on the line. Anyone can get a DWI in Texas, but a conviction can set you back. You can lose time with your family or miss out on an important business affair. That’s why you need to fight a DWI charge. You could be fighting for your ability to keep your life as you knew it. But, if there was a breath or blood test that shows you were illegally intoxicated, how can you fight it?

    There are two things you should keep in mind:

    • Even if there is alleged evidence that showed you were illegally intoxicated, a DWI in Texas is still defensible.
    • You are considered innocent until you are proven guilty.

    A qualified attorney will be able to approach your case from all angles, so they can prove your innocence or weaken the State’s case against you.

    How to Fight a DWI in Texas

    While a Texas DWI is considered a criminal offense, it’s a specific area that requires a more specialized understanding of the laws, the tests being used as evidence, the practices and policies of law enforcement with regard to collecting this evidence, as well as the court system. There are a lot of intersections in these types of cases, so a DWI attorney must know about them and how they work. They must also use that knowledge in a way that will work to your benefit.

    Every case will need a specific strategy to be successful. There are certain ways that a DWI can be fought, and there are some techniques that can be helpful. Some of them can include but may not be limited to:

    • Representing you at your ALR hearing for the purpose of getting important evidence on which to build your case.
    • Challenging any violation of your constitutional rights (including failure to have reasonable suspicion to pull you over, as well as the improper search and seizure of your person or property).
    • Challenging field sobriety tests.
    • Challenging breath tests.
    • Challenging blood tests.
    • Challenging the DRE and its results.
    • Moving the court to suppress evidence or exclude testimonies from witnesses.
    • Using police reports to identify key pieces of information, and challenging police officers with regard to the collection evidence as well as the proper administration of the law.
    • Proving that any accident that occurred wasn’t your fault.

    Your ability to defend a DWI in Texas will depend on your attorney’s knowledge of the law and how well he or she can put it together strategically. If you’re looking for a criminal defense lawyer in Corpus Christi that can help you with your case, be sure to get in touch with Gale Law Group.


  5. Less Marijuana Penalties in Corpus Christi

    The Nueces County district attorney’s office made an announcement this month about how it will be handling certain marijuana cases. It will no longer be prosecuting misdemeanor marijuana cases, which has come after a new law was passed that legalized hemp in the State of Texas. Any substance with a concentration of THC that’s below 0.3% is considered legal, but Texas crime labs don’t have the equipment needed to determine the actual amount of THC. That’s why District Attorney Mark Gonzalez (along with prosecutors in Bexar, Harris, and Fort Bend counties) signed a letter saying that they will no longer be accepting low-level pot cases that didn’t come with a lab test.

    Marijuana Laws

    Past Legislation with Regard to Marijuana in Texas

    The push toward expanded legalization of marijuana started in 2015, when State Representative David Simpson introduced House Bill 2165 that proposed the legalization of marijuana for recreational purposes. Simpson was a conservative who had been backed by the Tea Party, and he made a religious case for cannabis by saying, “I don’t believe that when God made marijuana, he made a mistake that [the] government needs to fix.” This bill got a great deal of support from the House Criminal Jurisprudence Committee, but it wasn’t passed when it hit the House Floor.

    In June of that year, Governor Greg Abbott signed Senate Bill 339 (called the Texas Compassionate Use Act). It allowed for the use of low-THC cannabis oil (less than 0.5%) for the treatment of epilepsy. Abbott caveated his support by saying, “I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medical purposes.” The bill passed with a 26-5 vote in the Senate and a 96-34 vote in the House.

    In 2019, the House of Representatives voted 98-43 to pass House Bill 63 (which wanted to make possession of up to one ounce of cannabis a Class C (instead of a Class B) misdemeanor. This eliminated the threat of jail time and reduced the fine to $500. The day after it was passed in the House, Lieutenant Governor Dan Patrick said that he wouldn’t allow a vote in the Senate. In June of that year, Governor Abbott signed House Bill 1325. It legalized the cultivation of industrial hemp, which contains less than 0.3% of THC. It also legalized the possession and sale of hemp-derived CBD products without needing approval from a doctor.

    Governor Abbott also signed House Bill 3703, which expanded the number of qualifying conditions that are eligible for treatment under the state’s low-THC medical cannabis program. Aside from epilepsy, the bill also included the following conditions:

    • Terminal cancer.
    • Autism.
    • Multiple sclerosis.
    • Amyotrophic lateral sclerosis (ALS).
    • Seizure disorders.
    • Incurable neurological disorders (such as Alzheimer’s, Parkinson’s, and Huntington’s Disease).

    In 2021, the medical program was expanded even further by raising the THC limit from 0.5% to 1% and by expanding the coverage to include all forms of cancer as well as post-traumatic stress disorder (PTSD). The original version of the bill allowed for a 5% THC limit, but it was lowered to 1% when it went through the Senate.

    Recent Push to Reduce Marijuana Penalties in Texas

    In April of this year, The Texas House passed a bill with an 88-40 vote that would reduce the criminal penalties for possessing small amounts of marijuana and would give people a way to have the charges expunged from their criminal records. This new law applies to the possession of one ounce or less. Before the law was passed, having up to two ounces of marijuana in your possession would be considered a Class B misdemeanor (which would be punishable by up to 180 days in jail and a $2,000 fine). HB 411 was one of the many attempts to reduce the criminal penalties for marijuana possession throughout the state.

    Despite the many attempts to reduce statewide criminal penalties, there have been efforts from several major cities and Texas counties to do so in their respective communities. In 2017, Dallas adopted a “cite and release” policy for possessing less than 4 ounces of marijuana. The Bexar County District Attorney implemented the same policy that year. El Paso County started its “First Chance Program,” which allowed people who were caught with less than 4 ounces of marijuana to pay a $100 fine and do 8 hours of community service. In 2020, the Austin City Council voted unanimously to eliminate all penalties for possessing up to 4 ounces of marijuana, and the Austin Police Department announced that it had revised its enforcement policies to comply with this resolution.

    While Texas marijuana penalties have been reduced, you could still face criminal charges in the right circumstances. If you have been charged with a marijuana-related offense, you will need a criminal defense lawyer in Corpus Christi to help you with your case. And Gale Law Group has a team of qualified people who can help you with your case. Feel free to get in touch with us for more information about how we can help you!


  6. Cocaine Laws in Texas

    The possession, sale, and trafficking of cocaine is illegal in all 50 states. There are even federal laws against it. But, in Texas, the penalties for the possession and sale of cocaine will depend on the amount in question. This can lead to some time in jail along with monetary fines. Possessing even the smallest amount of cocaine (less than 1 gram) can lead to felony charge, which can result in a sentence of up two years in prison. Having more than 200 grams of cocaine in your possession can result in a prison sentence of up to 99 years, but some Texas counties offer diversion programs for first-time cocaine offenders in exchange for having the charges dropped.

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    Laws Related to Cocaine Possession in Texas

    The term “possession” refers to the “actual care, custody, control, or management” of a substance. To be guilty of possession, you must intentionally or knowingly have cocaine on your person. But, if you had no intention of possessing cocaine, you might be able to avoid a conviction. The level of punishment for the possession of cocaine in Texas will depend on the amount of which you were found in possession. Here are some of the punishment ranges for cocaine possession in the State of Texas:

    • Having less than 1 gram of cocaine in your possession is considered a state jail felony, which can lead to a prison sentence from six months to two years. You also have the option of getting a deferred adjudication or a regular probation, especially if you haven’t had any prior felony convictions.
    • Having 1-4 grams of cocaine in your possession is considered a third-degree felony.
    • Having 4-200 grams of cocaine in your possession is considered a second-degree felony.
    • Having 200-400 grams of cocaine in your possession is considered a first-degree felony.

    If you were found in possession of more than 400 grams of cocaine, it can lead to 10-99 years in prison and a possible fine of up $100,000.

    Laws Related to Cocaine Delivery in Texas

    According to the Texas Health and Safety Code, delivery means to “transfer, actually of constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia” regardless of whether you have a relationship with an agency. The delivery can be actual (which includes a hand-to-hand exchange) or constructive (which occurs when you have committed an act that helps someone else to be in possession of cocaine). So, if you leave several grams of cocaine at a “drop point” for another person to come and pick it up, it will be considered a constructive delivery of cocaine.

    Cocaine delivery charges are punished according to the weight in which you were delivering. For less than one gram, you can face 180 days to 2 years in jail and a $10,000 fine. If you were found delivering more than 400 grams of cocaine, you can get a prison sentence between 15 and 99 years and a possible fine of up to $250,000. You could even face life imprisonment.

    Laws Related to Cocaine Manufacturing in Texas

    Like possession and delivery, the term “manufacturing” has a specific definition in Texas Law. It includes the “production, preparation, propagation, compounding, conversion, processing, creating, packaging, or labeling” of cocaine (which can refer to both natural and chemical methods). Offenses related to the manufacturing of cocaine are also punished according to its weight, and they apply to delivery offenses as well. Manufacturing less than one gram of cocaine will result in 180 days to 2 years in jail and a fine of up to $10,000, while manufacturing more than 400 grams of cocaine can lead to-15-99 years in prison and a possible fine of up to $250,000. You could even get life imprisonment.

    Enhancements to Cocaine Offenses in Texas

    There may be certain enhancements or extra penalties for cocaine-related offenses in Texas, depending on whether the activity was done for money or where it took place. If it happened on school property, on any building that’s leased or owned by centers for higher education, within 1,000 feet of school property, or on a school bus, a felony offense can go up one level (which can lead to longer prison sentences and even higher fines).

    Defending Against Cocaine Offenses in Texas

    Most of the evidence with regard to cocaine offenses comes from searches and surveillance conducted by law enforcement, which are limited by both the U.S. and Texas State Constitutions. Any law enforcement activities that violate either of these documents or aren’t conducted according to Federal and State Law can result in the exclusion of any evidence that was discovered during these operations.

    One of the most important limitations is the protection of individuals from unreasonable searches. They usually have to present evidence to a judge that establishes “probable cause,” so he or she can issue a search warrant. The Fourth Amendment also requires law enforcement officers to have “reasonable suspicion” that you committed or are about to commit a crime before they can pull your car over. So, they must have more to go on than just a “hunch” (unless you consent to the search).

    If you’re facing cocaine charges and you need a criminal defense lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.


  7. What is a Deferred Adjudication and How Could it Help You?

    The most common misconception people have about deferred adjudication in Texas is that completing it will remove the charge from their records, but that isn’t the case. A deferred adjudication doesn’t disappear if you complete it successfully. You will have to file a petition for non-disclosure so the record can be sealed, and not all offenses are eligible. For a felony charge, you will have to wait five years from the day you completed the probation before you can file for a non-disclosure.

    Deferred Adjudication

    The Difference Between Deferred Adjudication and Straight Probation in Texas

    In Texas, probation is called “community supervision.” It consists of two types: deferred adjudication and regular community supervision. In a nutshell, community supervision is an alternative to going to jail or prison. The defendant is allowed by the judge to stay in the community under the supervision of the court, which can be up to two years for a misdemeanor and up to ten years for a felony. The judge will impose certain requirements for the community supervision, which can include the following:

    • Regular drug testing.
    • Steady employment.
    • Community service.

    The most important requirement for community supervision is to not get another offense. If you violate the terms of your community supervision, the D.A. can ask the judge to revoke the probation and send you to jail. But, as a condition of your community service, the judge can order you to spend some time in jail. For a misdemeanor, this period can be up to 30 days. For a felony, it can be up to 180 days.

    A deferred adjudication probation in Texas is typically offered to first-time offenders, and it’s often a better deal than regular community supervision. If you’re able to complete it successfully, you won’t have a conviction on your record (which a loose legal term that means you have been found guilty). The successful completion of a deferred adjudication in Texas can often be sealed from public view with a non-disclosure, but this kind of community supervision can’t be granted by a jury. So once you decide to go to trial, deferred adjudication isn’t a possibility.

    If you’re on deferred adjudication probation in Texas and you don’t comply with the conditions, the D.A. could ask the judge to “adjudicate” you (which means you will be found guilty and be sent to jail or prison). If the judge decides to adjudicate you, you can be sentenced to any term that’s within the “statutory range” of that crime.

    There are three main difference between deferred adjudication and regular community supervision:

    • Regular community supervision will typically lead to a conviction and, therefore, can’t be sealed or expunged.
    • Regular community supervision is usually a punishment option if you decide to have a jury trial.
    • If regular community supervision is revoked, the maximum punishment usually isn’t the statutory maximum.

    When someone gets regular community supervision, the maximum jail or prison term will be set at the time of the plea.

    The Effects of a Deferred Adjudication in Texas

    Completing a deferred adjudication won’t lead to a conviction. So in a sense, the charges will be dismissed. It can, however, affect your ability to find employment and could impact any future car leases or sales. In some cases, it can disqualify you from owning a gun or getting licensed by the state to work in certain professions. If you’re an immigrant, it can affect your application for citizenship. Under Federal Law (which governs immigration and most gun laws) a deferred adjudication is still a conviction. The biggest myth in Texas criminal law is that once you finish your deferred adjudication, the offense disappears as if it had never happened. This is a lie that’s told to defendants every day in every courthouse throughout the state.

    A deferred adjudication probation in Texas will still be on your record after you have completed it. To erase the record, you will have to file a petition for a non-disclosure. Some deferred sentences aren’t even eligible. Any crime that involves family violence doesn’t qualify for non-disclosure. So if you take a deferred adjudication for a Class A assault involving family violence, it will stay on your criminal record forever. Some deferred sentences also have a waiting period before the petition can be filed. Some misdemeanor assault charges or any offenses related to the unlawful carrying of a weapon require a two-year waiting period before a petition can be filed.

    For more information about deferred adjudication probation in Texas and how it can affect you in the future, be sure to speak to someone at Gale Law Group. We’re a criminal defense lawyer in Corpus Christi that deals with all kinds of cases, and we would be glad to help!


  8. How Will A Felony Conviction Affect My Life?

    A felony conviction in Texas is a serious thing that can have lifelong consequences. Not only can it have a lasting impact on your life, but it can also lead to the loss of basic civil rights (such the right to vote, sit on a jury, and to own, possess, or use a firearm). Convicted felons can also be barred from certain jobs (including law enforcement, the school system, and health care). Many employers will automatically reject applicants because they had a felony conviction, or they may state up front that anyone who applies must have a clean criminal background. If someone is convicted of a drug charge, that person could lose his or her license for up to two years. It can also make it harder to pursue higher education and certain professional disciplines.

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    The Long-Term Consequences of a Felony Conviction in Texas

    If you have been convicted of a felony in Texas, you should know how it can affect your life. Even if the charges were dropped or you weren’t found guilty during the trial, it doesn’t mean it won’t be on your record. But, in some cases, you can have it deleted after a certain number of years have passed. There’s also a way you can get an early expunction or removal of the charge. Regardless of what happens, you need to do everything you can do minimize your exposure to criminal prosecution — not just to protect your freedom but to reduce the number of ways it can affect your life in the years to come.

    Here are some of the ways that a felony conviction in Texas can affect your life:

    • Employment — Even if you don’t get convicted, felony charges in Texas can limit your ability to find work and can even reduce your earning potential. In most cases, employers have the legal right to look into your criminal records through a background check. They may not hire you based on what they found. They may also ask you if you had any criminal charges or convictions (including misdemeanors and felonies).
    • Child Custody — If you have criminal record, it could affect your rights with regard to child custody (especially if it involved domestic abuse or some other act of violence). Even a misdemeanor charge could lead to the loss of child custody rights, especially if it involved your family.
    • Adopting Children — In the State of Texas, you won’t be allowed to adopt a child if you have been convicted of a misdemeanor offense that involves your family. If you have committed an alcohol-related crime that violated the Texas Controlled Substances Act within the last ten years or let a child have access to a firearm, you also won’t be allowed to adopt.
    • Driving Privileges — Depending on the severity of the offense, a criminal record could lead to the loss of your driving privileges. If it involved alcohol or some other controlled substance, you could have your driver’s license suspended for 180 days. You’ll be required to take a 15-hour drug education course before you can get back your right to drive.
    • Firearms — If you have been convicted of felony charges in Texas, you could lose your right to own a firearm. Even a Class A Misdemeanor can have the same consequences. In these cases, the Texas Department of Public Safety won’t give you a license to carry a firearm.
    • Immigration Status — If you’re a foreign national, a criminal record can keep you from getting a green card. It can even change your immigration status or hinder your ability to become a naturalized citizen of the United States. You can also lose your job and be deported, even if you’re guilty of a misdemeanor offense.
    • Subsequent Crimes — If you’re facing new criminal charges with an existing criminal record, you could face more severe penalties if you’re convicted or sentenced.
    • College Admission — Even if it’s for a misdemeanor, a criminal charge can limit your ability to get into college or graduate school. It will depend on the policies of the college or university for which you’re currently applying. A sexual or drug-related charge can also make it impossible to get financial aid.
    • Healthcare Licenses — If you have a criminal record, you might not be able to get a healthcare license (such as a license to be a nurse). This can happen with even a misdemeanor conviction.
    • Renting and Leasing — Any landlord in the State of Texas has the right to refuse rental to you if you have a crime on your record within a certain number of years. If you have been convicted of a sex crime, the amount of time won’t matter. The landlord can still refuse you.

    A felony conviction in Texas can affect your life in a lot of negative ways, which is why you need to hire an experienced criminal defense attorney in Corpus Christi to help you minimize the long-term damage. Feel free to reach out to Gale Law Group to find out how we can help you with your case!


  9. Criminal Prosecution Sentencing Guidelines in Texas

    The charges and penalties for crimes can vary widely in the State of Texas. They often depend on the type of crime being committed, whether the defendant has a criminal history, as well as any other circumstances of the case. Like many other states, Texas has adopted a system of “determinate sentencing.” This means that there are certain sentencing guidelines in Texas, which are standards that have been put in place so rational and consistent sentencing practices in a particular jurisdiction can be established. It also helps the courts to determine what type of punishment should be assigned for the crime.

    sentence guidelines

    Criminal sentencing in the State of Texas is based on the category or level the crime falls under, which include the following:

    • Class C misdemeanor.
    • Class B misdemeanor.
    • Class A misdemeanor.
    • State jail felony.
    • Third-degree felony.
    • Second-degree felony.
    • First-degree felony.
    • Capital felony.

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

    Types of Misdemeanor Classes in Texas

    Criminal offenses that are least severe are considered misdemeanors, which are sorted into different “classes” based on their severity. If you’re convicted of a misdemeanor offense in the State of Texas, you won’t lose any of your civil rights. Here is an explanation of the different misdemeanor classes in Texas:

    • Class C Misdemeanors — These are the least serious criminal offenses in the State of Texas, which can include traffic violations as well as any type of petty theft of shoplifting offense. They can lead to a fine of no more than $500 with no jail time, but you still have the right to a trial (which can be held in a municipal court, traffic court, or any court through the Justice of the Peace).
    • Class B Misdemeanors — These types of crimes can lead to 180 days in a county jail and fine of up to $2,000, as well as two to three years of community supervision (called “probation”). First-time offenders might be able to receive a “deferred adjudication,” which is a plea deal in which the defendant pleads “guilty” or “no contest.” After he or she has successfully completed a probation period, the case will be dismissed and will have no criminal conviction on his or her record.
    • Class A Misdemeanors — These are the worst types of misdemeanor offenses in the State of Texas and can result in up to one year in a county jail and a fine of up to $4,000. You can also get up to two years of probation, which can be extended to three years. Like Class B misdemeanors, you can also receive a deferred adjudication for these crimes.

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

    Types of Felony Crimes in Texas

    Felonies are the most serious types of criminal offenses. And according to the sentencing guidelines in Texas, the punishments can range from 180 days in jail to life in prison, as well as a fine of up to $10,000 and community supervision. Felony crimes in Texas are broken down into various levels (called “degrees”) that are based on the severity of the offense and the type of punishment that’s considered appropriate.

    Here is an explanation of each type of felony in the State of Texas:

    • State Jail Felonies — These types of crimes don’t fall into the degree system associated with other types of felonies. The punishment for these crimes involve jail time of at least 180 days but no more than two years, as well as a fine that can’t exceed $2,000. It can also lead to community supervision. The principle of “time off for good behavior” doesn’t apply to state jail felonies, so your sentence must be completed in full (unlike doing time in a county jail or the Texas Department of Correction where inmates can get an early release). However, some state jail felonies can be reduced to misdemeanors, which can lead to no jail time.
    • Third-Degree Felonies — These types of crimes are more serious than state jail felonies and misdemeanors. Punishments can involve prison time of 2-10 years and a fine of up to $10,000. However, community supervision may be involved. Some of the crimes that are considered third-degree felonies are intoxication assaults, stalking, and indecent exposure to a child.
    • Second-Degree Felonies — These types of crimes are more serious than third-degree and state jail felonies. Punishments can involve 2-20 years in prison and a maximum fine of $10,000, but there’s a chance of getting community supervision. Some of these offenses can include human trafficking, indecent contact with a child, robbery, and manslaughter.
    • First-Degree Felonies — These are the second most serious crimes in Texas. Punishments can involve 5-99 years or life in prison, as well as a fine of up to $10,000. But there is the possibility of community supervision. Some of these crimes can include the solicitation or attempt of capital murder, as well as aggravated robbery and kidnapping.
    • Capital Felonies — These are the worst types of criminal offenses in the State of Texas. Getting convicted of a capital felony could lead to life in prison or even death. Some crimes considered to be capital offenses are premeditated murder, espionage, and treason.

    If you have been charged with a crime in the State of Texas and are looking for a criminal defense lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.


  10. DWI Arrests in Corpus Christi

    DWI arrests are still taking place in Corpus Christi. People are still going to jail for driving under the influence of alcohol, and it doesn’t seem to be slowing down. 2016 was a record year in terms of DWI arrests in the Coastal Bend. The police arrested 1,428 people for drunk driving in that year. The previous record was in 2014, which had 1,407 DWI arrests. Of the DWI arrests made in 2016, CCPD officials reported that:

    • There were 14 arrests for “driving under the influence,” which means that the person being arrested was less than 21 years of age.
    • There were 132 felony accusations, which included 86 DWI arrests with three or more previous convictions.
    • There were 11 arrests for intoxicated assault, where someone was injured in a crash that was caused by an intoxicated driver.
    • There 32 arrests for a DWI with a child passenger.
    • There were 3 arrests for intoxicated manslaughter, where someone died in a crash caused by an intoxicated driver.
    dwi driving while intoxicated

    The police collected blood or breath samples for blood alcohol concentration (BAC) analysis from all of the 1,428 arrests except for five cases where that evidence wasn’t gathered. The average result for these analyses was a BAC level of .15, which is almost twice the legal limit of .08. There were 415 DWI arrests that involved a vehicle crash, so 1,013 of these arrests were made after an officer initiated a traffic stop.

    Here are the number of DWI arrests for all the previous years:

    • 2015 — 1,331 arrests.
    • 2014 — 1,407 arrests.
    • 2013 — 1,203 arrests.
    • 2012 — 1,036 arrests.
    • 2011 — 900 arrests.
    • 2010 — 979 arrests.
    • 2009 — 784 arrests.
    • 2008 — 847 arrests.
    • 2007 — 768 arrests.
    • 2006 — 896 arrests.
    • 2005 — 859 arrests.

    This clearly shows a steady increase leading up to 2016, and there continues to be a large number of DWI arrests in Corpus Christi.

    Common Defenses Against a DWI in Corpus Christi

    You may have heard all kinds of stories about how to beat a DWI charge (such as sucking on a penny or breath mint after you have been pulled over), but these tactics have been repeatedly proven to be ineffective. Instead of relying on urban legends and “old wives’ tales” to avoid a DWI conviction, a more effective strategy is to come up with a good defense. Here are some of the common defenses you can use against a DWI in Corpus Christi:

    • Improper stop by the police — It’s against Federal Law for police officers to stop or pull over a private citizen without “reasonable suspicion.” The officer needs to have more than a hunch or “gut feeling” that someone is or has committed a crime. With regard to a DWI or any traffic stop, the officer must actually see you do something wrong. If you were obeying all traffic laws, your vehicle wasn’t malfunctioning, or didn’t give any indication that you were driving while intoxicated, you might be able to argue that the officer didn’t have cause to pull you over.
    • Failure to follow proper field sobriety test protocols — Officers need to follow certain protocols while they’re administering field sobriety tests (FST’s). If they don’t follow these procedures, any evidence they gathered from the test can be suppressed (especially if they were disrespectful, overly intimidating, or behaved in a manner that’s considered inappropriate).
    • Improper testing and storage of blood alcohol samples — The police must have the blood-alcohol analysis performed by a trained and licensed phlebotomist as soon as possible after they have made the arrest. If there was an unreasonable wait time or the test was performed by an untrained laboratory technician, they could be used as a way to contest the results. The police must also make sure that blood samples are properly maintained after the test so it doesn’t become contaminated or accidentally mislabeled. If there are doubts about the integrity of the sample, it could get thrown out.
    • Medical conditions — Certain medical conditions can not only create the appearance of drunkenness but can also affect the results of a breathalyzer test. Neurological problems and even fatigue can cause slurred speech, while other conditions (such as allergies and sinus problems) can cause watery eyes. An “alcohol smell” on someone’s breath can be caused by a diabetic side effect (called “ketosis”), which is caused by the fermentation of glucose in the blood stream and can cause even a sober person to fail a breathalyzer test.

    If you’re looking for the best DWI lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.