Posted on March 20, 2025 in Criminal Defense

Tampering with evidence is a serious criminal charge in Texas that can carry harsh penalties. Whether you are accused of hiding, altering, or destroying evidence, the consequences can be severe. It can be difficult to understand exactly what constitutes tampering with evidence and many things you might assume are legal could result in serious consequences. A qualified Texas criminal defense attorney can explain how the state addresses this offense and what your options are.

What Is Considered Tampering with Evidence in Texas?

Under Texas law, you are tampering with evidence when you knowingly alter, destroy, or conceal any record, document, or item with the intent to make it unusable as evidence in an investigation or official proceeding. Presenting false evidence with the intent to deceive authorities is also considered evidence tampering. Disposing of drugs or drug paraphernalia during a traffic stop, deleting incriminating text messages or emails, destroying clothing or objects that might contain evidence, or providing law enforcement with false documents or altered records are all common examples of actions that can result in charges of tampering.

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 Posted on March 12, 2025 in Criminal Defense

Being on parole in Texas when accused of a 3G offense is a serious situation that can lead to severe consequences, including criminal charges. Texas law imposes strict penalties for 3G crimes, and when combined with an alleged parole violation, the stakes are even higher. A skilled Texas criminal defense lawyer can help you understand your options and the potential outcomes and help you make informed decisions about how to move forward.

What Are They Called 3G Offenses?

In Texas, serious crimes that carry enhanced penalties are called 3G offenses. The name comes from the section of the law where these regulations used to appear, in 42.12(3)(g), even though they are now listed under 42A.054 in the Texas Code of Criminal Procedure. Examples of 3G offenses include:

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 Posted on March 07, 2025 in Criminal Defense

When people imagine someone evading arrest, they often picture the person sprinting away from the police and running for cover. However, you can face criminal charges even if you were not running at the time. In Texas, evading arrest can apply in many situations—including when someone refuses to stop, walks away, or drives off slowly instead of pulling over immediately.

If you were charged with evading arrest, it is important to understand the law, how it applies, the possible penalties, and potential defense strategies. A knowledgeable Texas criminal defense lawyer can answer all your questions and explain your options.

What Does Texas Law Say About Evading Arrest?

According to Texas law, you are guilty of evading arrest or detention if you intentionally flee from someone you know is a police officer while the officer is lawfully attempting to arrest or detain you. Some key components to note here include:

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 Posted on March 05, 2025 in DUI/DWI

If you have been arrested under suspicion of driving while intoxicated (DWI), the arresting police officer will - by law if you refuse or fail a breath test - physically take possession of your driver's license, and you will be given a Notice of Suspension. Contrary to popular belief, it is NOT an automatic suspension. You have the legal right to challenge the suspension in an Administrative License Revocation (ALR) hearing. You must file a request for an ALR hearing within 15 days of your arrest.

Evidence in an ALR hearing can be used in a later DWI criminal trial. For that reason alone, you should seriously consider hiring a board-certified criminal and DWI defense attorney to represent you in the hearing. Most of DWI specialist Doug Murphy's clients save their driver's licenses at their ALR hearings.

SOAH—Court Basics

Texas’s State Office of Administrative Hearings (SOAH) handles litigation relating to Texas' various state agencies. SOAH matters are legal proceedings, supervised by an Administrative Law Judge. In many ways, they are just like a trial in another court: Evidence is presented; witnesses can be subpoenaed and testify; lawyers make arguments before the judge; and the judge makes a decision.

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 Posted on February 27, 2025 in Criminal Defense

Even if you are only charged with a low-level misdemeanor, you still have the right to a jury trial. Both the U.S. Constitution and Texas’s Constitution protect your right to trial by jury when you have been charged with a crime. Whether or not you should choose a jury trial in misdemeanor - or, for that matter, felony - cases is another matter entirely. A trial can be a big risk. No matter how weak the state’s case might be or how strong your evidence is, it is impossible to predict who the jury will believe. If you are risk-averse, a jury trial might not be the best option for you. That said, sometimes a jury trial is necessary in misdemeanor cases when a conviction would have a disproportionate impact on the defendant, and the defendant has a strong chance of being acquitted at trial. Your Houston, TX DWI lawyer can explain the risks and potential benefits of going to trial in your specific case.

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 Posted on February 21, 2025 in Sex Crimes

Prostitution refers to the direct exchange of money for sexual services. Although many prostitutes claim that they are being paid for their time rather than for sex, this argument almost never works. It is often quite clear that when a sex worker is paid for an hour of her time, there is an understanding that she is expected to have sex with the client during that time. The relationship is very transactional, and a sex worker may not see a client more than one time. In "sugar dating," there is a relationship element that is not present in ordinary prostitution cases. However, there is generally an expectation that the sugar baby will offer sex and the sugar daddy will provide monetary "gifts." 

This leaves sugar relationships in a legal gray area. Some sugar daters cross the line into committing the offense of prostitution, while others do not. If you have been arrested for prostitution or solicitation while in a sugar dating relationship, you need an experienced Houston, TX prostitution attorney to fight for you. This type of conviction can destroy your reputation and limit your future career opportunities.

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 Posted on February 13, 2025 in Violent Crimes

When someone is charged with criminally negligent homicide in Texas, it means they are accused of causing another person’s death by acting carelessly or recklessly. This is a serious charge, and a conviction can lead to jail time, fines, and a permanent criminal record.

If your loved one has been arrested for criminally negligent homicide, you need to understand what the charge means, how these cases work, and what legal options are available. An experienced Texas criminal defense attorney can help fight for your loved one’s future.

What Is Criminally Negligent Homicide?

In Texas, homicide means causing another person’s death. Criminally negligent homicide is one of the less severe types of homicide charges, but it still carries harsh penalties. Under Texas law, a person commits criminally negligent homicide when they cause someone’s death by acting with criminal negligence.

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 Posted on February 10, 2025 in DUI/DWI

When you are arrested for driving while intoxicated (DWI) in Texas, the consequences can hit you faster than you may realize. Those consequences can extend beyond the criminal proceedings. When you are charged with a DWI, you will get your day in court to defend yourself before you are ever sentenced to jail. However, your driving privileges can suffer beginning at the time of your arrest.

The arresting officer will take your driver's license from you and replace it with a temporary license immediately after your arrest. The process of fighting your suspension can be confusing, and making the wrong decision or dragging your feet can haunt you. That is why the best practice is to hire an experienced DWI defense attorney immediately after you are released. You have a short window to fight for your ability to drive, and once that closes you are out of luck.

Houston, TX DWI attorney Doug Murphy has handled hundreds of these cases and is ready to help you fight the suspension of your driving privileges. You only have 15 days from the date you are given the temporary license to request an ALR hearing on your suspension. Failing to do so within 15 days will cause the administrative suspension to take effect, so time is of the essence.

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 Posted on February 06, 2025 in Drug Crimes

While driving while intoxicated charges routinely involves a driver under the influence of alcohol, the reality is there is a growing trend of drivers operating vehicles under the influence of prescription medication or other controlled substances. From illegal drugs to prescription pills, medication presents a series of challenges that are not present in typical alcohol-related DWIs. Law enforcement has struggled with finding an objective test to determine drug intoxication similar to how a driver's blood alcohol concentration may be used to determine alcohol intoxication. However, many drugs cannot be accurately measured in the human bloodstream that demonstrates a "per se" level of impairment like they can for alcohol. This has led to a number of wins at trial for Texas DWI attorneys. Harris County, TX DWI attorney Doug Murphy has published numerous articles and spoken all over the United States on how to defeat and attack the fallacies of the DRE opinion and protocol.

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 Posted on January 29, 2025 in Criminal Defense

While you are sentenced to court supervision, you have an opportunity to avoid or reduce your jail time and remain in the community. While you are on probation, you are much more free than you would be in jail, but there will be conditions you must abide by. Common conditions of probation include remaining drug and alcohol-free, reporting to a probation officer regularly, abiding by a curfew, and avoiding all contact with the alleged victim. It is easier than you might think to make a simple mistake that could get you re-arrested for a probation violation. Simply being around the wrong people or failing to plan ahead to make sure you have transportation when you need it can lead to a violation. You should be represented by an experienced Houston, TX probation violations attorney while you are under court supervision.

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