Posted on December 19, 2024 in Violent Crimes

The term "terroristic threat" sounds like it should be reserved for very serious things like credible bomb threats or threatening a school shooting and causing a long lockdown. However, it is very possible to find yourself being charged with terroristic threats after making a poorly-timed joke on the internet or posting a sarcastic comment that was taken out of context. The majority of people who are charged with terroristic threats never had the intention or even the tools to carry out the alleged threat. However, the state does not need to prove that you had any intention of carrying out the threat - only that you intended to cause fear or disruption. If you have been charged with making a terroristic threat, you need an experienced Houston, TX criminal defense attorney right away.

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 Posted on December 11, 2024 in DUI/DWI

Facing a felony charge for a DWI can be frightening. Driving while intoxicated is a serious charge that can come with steep penalties. But if you are already facing additional criminal charges, or if you are facing additional charges related to the felony DWI charge, the consequences can be even more severe. In addition to steeper penalties, you may also face reincarceration for violating the terms of your bail or bond. That is why you need an experienced Houston, TX DWI attorney like Doug Murphy representing you every step of the way.

DWI Charges in Texas

In Texas, the law broadly defines driving while intoxicated. You can face arrest for DWI if:

• You are operating a motor vehicle in public.
• You have a BAC over .08% or .04% if you hold a commercial driver's license.
• You no longer have the normal use of your physical or mental faculties.

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 Posted on December 03, 2024 in DUI/DWI

As a parent, it is one of the worst calls you can get - your teenager calling to let you know he or she has been arrested for DWI. You probably think it cannot get much worse than a criminal charge for DWI until you discover that your underage child also had another teen in the car and is now facing a felony charge.

Driving while intoxicated is a serious matter in Texas, and if the police arrest your child while another teen is in the car, the consequences can be serious and long-lasting. That is why you need to hire a highly skilled Houston, TX DWI defense attorney as soon as possible.

Zero Tolerance: DWI in Texas as a Teen

The law regarding DWIs in Texas is pretty broad, even for adults of legal drinking age. But for those under 21, Texas is a zero-tolerance state. The standard DWI law in Texas prohibits a person from driving a vehicle in a public place if:

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 Posted on November 29, 2024 in Criminal Defense

In the past year or so, street racing and "street takeovers," where drivers perform dangerous stunts, have become increasingly commonplace. These dangerous and illegal activities have always taken place in large cities, but Houston has seen an exponential increase in arrests related to street racing. Street races used to be underground, with few participants and only a handful of onlookers. Few people knew about these events, as smaller events were less likely to attract the attention of police. However, the number of participants and the amount of onlookers have increased. Hundreds of people sometimes attend street takeovers and races, sometimes drawing police attention. If you have been arrested for participating in a street race or street takeover, you need an experienced Houston, TX street racing lawyer.

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 Posted on November 25, 2024 in Drug Crimes

Being caught with marijuana inside the state of Texas is one thing - being caught transporting marijuana into Texas from another state is much more serious. If you are caught in Texas by local police, you will probably be charged with misdemeanor drug possession, unless you had a rather large quantity and are accused of planning to distribute it. If you are caught bringing THC products across state lines into Texas, you can face federal charges. Even if you were still technically in a legal state at the moment you were caught, you might be charged with a federal crime if there is evidence that you were bringing it into Texas. An experienced Houston, TX federal drug crimes lawyer can help you.

Buying Cannabis in a Legal State Does Not Protect You

Texas currently does not allow the sale, use, or possession of recreational THC products and has very limited medical exceptions for low-THC products. However, several nearby states do allow recreational marijuana to be sold. This leads to a lot of people crossing state lines out of Texas to purchase THC products at a dispensary outside the state. People often see this as the safer option over buying marijuana on the black market. Legally, smuggling marijuana across state lines is very risky. If caught, your case will fall under federal rather than state jurisdiction.

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 Posted on November 15, 2024 in Criminal Defense

Getting arrested can be an unsettling experience. Being handcuffed can be one of the worst, if not the absolute worst, moments in your life. People are not often thinking rationally while they are being arrested. Your knee-jerk reaction might be to fight back. People who have experienced violence in their lives may be triggered and instinctively resist what they perceive as an assault. Those who did not commit the crimes they are accused of are often even more likely to resist arrest than those who did out of sheer panic. Even if the charges you were initially arrested for do not stick, a resisting arrest charge might. If you have been charged with resisting arrest, you should immediately reach out to a well-qualified Houston, TX criminal defense lawyer.

What Does Resisting Arrest Mean? 

Most people resist getting arrested in some way. You can only be charged with resisting arrest if you used force against the officer who was trying to arrest you. Going limp and refusing to walk to the cruiser is generally not considered resisting arrest because there is no force involved. People who go limp are not doing anything to make the arresting officer’s job easier but are not resisting forcefully. However, elbowing the officer in the stomach while he tries to handcuff you would be considered resisting arrest as there is force involved.

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 Posted on November 12, 2024 in DUI/DWI

Anyone facing a Texas intoxication assault criminal charge should be concerned about also having civil liability for the other person's serious bodily injury. The intoxication assault crime requires the prosecutor to prove that the defendant's intoxication caused another's serious bodily injury. The criminal charge can thus go a long way toward also establishing civil liability. But civil liability requires proof of one element - the intoxicated driver's fault - that the criminal charge does not specifically require. Thus, the criminal intoxication assault charge does not alone establish civil liability. The elements of the crime differ somewhat from the elements of civil liability. The consequences of a criminal charge differ markedly from the consequences of civil liability. The procedures for the crime and civil liability also differ, meaning that defending the crime and civil liability also differ. The crime may lead to a civil liability claim. But do not lump the two together. Always speak to an experienced Houston, TX DUI lawyer if you are facing drunk driving charges.

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 Posted on November 07, 2024 in DUI/DWI

As a parent, it is one of the worst calls you can get - your teenager calling to let you know they have been arrested for DWI. You probably think it cannot get much worse than a criminal charge for DWI until you discover that your underage child also had another teen in the car and is now facing a felony charge.

Driving while intoxicated is a serious matter in Texas, and if the police arrest your child while another teen is in the car, the consequences can be serious and long-lasting. That is why you need to hire an experienced Houston, TX DWI defense attorney as soon as possible.

Zero Tolerance: DWI in Texas as a Teen

The law regarding DWIs in Texas is pretty broad, even for adults of legal drinking age. But for those under 21, Texas is a zero-tolerance state. The standard DWI law in Texas prohibits people from driving a vehicle in a public place if:

• Their BAC is over the legal limit of .08 percent.

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 Posted on October 30, 2024 in Criminal Defense

This election cycle has been more heated than most. People on both sides are very passionate, and protests are to be expected regardless of the outcome. Everyone has the right to engage in political speech in public. The right to free speech and the right to assembly are well-protected. However, there are time, place, and manner restrictions. Going about protesting in the wrong way can lead to criminal charges like disorderly conduct, rioting, obstructing a highway, or even more serious charges like terroristic threats and other assaultive offenses. If you are arrested while engaging in political protest this election day, an experienced Houston, TX criminal defense lawyer can help you.

Criminal Offenses People Might be Charged With While Protesting

A few of the most likely offenses people may be arrested for while attempting to protest this election day include: 

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 Posted on October 24, 2024 in Criminal Defense

If you are a parent, you have probably heard horror stories about parents being charged with a crime or having CPS get involved because their children were briefly left playing outside alone, in no real danger. When today’s parents were children, they were afforded much more independence. It was not uncommon for older children to walk a few blocks to a playground alone or to ride their bikes to a neighborhood convenience store without an adult with them. Today, this can be a legal gray area. However, Texas’s Reasonable Childhood Independence laws provide some protection for parents who allow their children outside alone. If you are charged with child neglect, child endangerment, or a related offense, you need an experienced Houston, TX criminal defense lawyer.

Texas’s Reasonable Childhood Independence Laws

Texas’s Reasonable Childhood Independence law states that children should not be removed from their homes because their parents "allowed them to engage in independent activities that are appropriate and typical for the child’s level of maturity, physical condition, developmental abilities, or culture." While this law pertains to the removal of children and findings of child neglect by the Department of Family and Protective Services rather than criminal arrests for child neglect or endangerment, there is a lot of overlap between criminal prosecution and DFPS involvement. The Reasonable Childhood Independence laws are likely to inform police action as well.

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