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.

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!

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.

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.

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.

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!

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.

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!

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.

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.

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.

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.

Learning about gun safety is important when it comes to defending yourself from shooters like the one who killed a church pastor in Winona on Sunday.

Learning what comes after shooting a gun is just one of the things instructors from Hold the Line teach. They also teach how to hold, and load, a gun, and what kind of stance to use when shooting.

https://www.kristv.com/news/local-news/hold-the-line-teaches-gun-safety

If you have been charged with a crime, you have the right to a “speedy public trial by an impartial jury.” You also have the right to know “the nature and cause of the accusations” and to have a written copy of the charges. At no time can you be compelled by the prosecution to present self-incriminating evidence, nor can they confront you with the witnesses they have against you. You also have the right to gather witnesses who will testify in your favor and to legal counsel who can represent you in an “adversarial judicial proceeding.” This includes the right to engage in private consultations with your lawyer in advance of the proceeding, so you can make the necessary preparations.

Your Right to Appointed Legal Counsel

If you’re not able to afford an attorney, you can have one appointed for you. And this person will be able to represent you in any judicial proceeding. If you have been appointed legal counsel and if the judicial process has already been started, the court or authorized designee will appoint counsel for you in the county where you have been arrested as soon as possible. But it can’t be later than:

• The end of the third working day after the court receives your request for the appointment of legal counsel if you were arrested in a county with a population of less than 250,000.
• The end of the first working day after the court receives your request for the appointment of legal counsel if you were arrested in a county with a population of 250,000 or more.

If you were arrested under a warrant that was issued in a county other than where the arrest was made and you’re entitled to appointed legal counsel, it will be processed in the county that issued the warrant.

Your Rights with Regard to Signed Pleadings

Any plea, motion, or paperwork that has been filed on your behalf by your attorney must have the person’s name and state, as well as his or her address. If you’re not being represented by an attorney, you will need to sign any plea, motion, or document that must be filed for or on your behalf. The signature from you or your attorney certifies that you have read the document and that, after “reasonable inquiry,” you believe that any of the following applies:

• The information is groundless and has been brought against you in bad faith.
• The information is groundless and has been brought against you due to harassment, unnecessary delay, or some other improper purpose.

If you or your attorney hasn’t signed any of the necessary documents, the court will strike it unless they’re signed immediately after the omission has been called to you or your attorney’s attention. If you or your attorney has filed a fictitious pleading for some improper purpose or makes a statement in a plea that you or your attorney knows is groundless and false (whether it’s for delaying the trial or for the purpose of harassment), you could be found guilty of contempt.

Your Right to a Trial by Jury

According to the Texas Code of Criminal Procedure, you have the right to a trial by jury. But if you have been charged with any offense “other than a capital felony case in which the state notifies the court” and the prosecution is seeking the death penalty, you have the right to waive a trial by jury. You’re required to submit the request in writing in an open court after they and the prosecuting attorney have given approval, which must be done in writing. The document must also be signed by their attorney and filed in the court papers before you can enter your plea.

In a capital felony case where the prosecuting attorney is not seeking the death penalty, you can waive your right to a trial by jury but only if they consent to it in writing and in open court. You can also agree to waive a jury trial regardless of whether you’re being represented by an attorney when you have requested it. But before you can agree to waive the jury, the court is required to appoint an attorney to represent you.

Other Rights Under the Texas Code of Criminal Procedure

Here are some other rights listed under the Texas Code of Criminal Procedure:

• Searches and Seizures — No search warrant can be issued without describing them as near as they can and without “probable cause” supported by an “oath of affirmation.”
• Right to Bail — Every prisoner is bailable unless it’s for a capital offense in which the proof is evident.
• Habeus Corpus — Your right to go before the court can never suspended.
• Cruelty Forbidden — No excessive bail or fines can be imposed, nor can any cruel or unusual punishment be inflicted.
• Double Jeopardy — At no time can you be charged twice for the same offense, nor can you be put on trial again once a verdict has been reached.
• Acquittal A Bar — You’re exempted from a second trial or prosecution for the same offense if you have been acquitted.

If you have any questions about your rights in Texas criminal procedures, be sure to get in touch with Gale Law Group.

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.