Monthly Archives: February 2017

Is My Criminal Record Permanent?

The specter of past crimes can follow you for a long, long time. It can affect employment prospects, housing options and even prevent you from pursuing education. So, a common question we hear is: is it possible to have the record wiped clean? The answer is yes – sometimes. Non disclosures and expungements are not an easy process. In Texas, if you are convicted, there is no way to expunge or seal your record unless…
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Defenses Against Automobile Theft Crimes in Texas

Theft is one of those crimes where the penalties vary dramatically depending on the value of the item stolen. Naturally, cars tend to be valuable, so stealing a car can result in pretty serious charges. Prosecutors will look at the fair market value of the property or its replacement value to determine charges. In Texas, stealing anything worth $2,500 fair market value or more constitutes a felony. As such, nearly all automobile theft crimes are…
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Texas Leads the Nation in Improper Teacher-Student Conduct

According to Gov. Greg Abbott’s State of the State address this year, Texas leads the nation in teacher-student sexual assaults. And yet, in many of these cases, there either are no criminal charges levied, or the perpetrators end up with deferred or reduced sentences. An investigation by the Austin-American Statesman found the following out of 686 cases: 53 percent of teachers involved in improper relationships with students are never charged 40 percent are charged and…
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Is Using a Credit Card Skimmer Property Theft or Identity Theft?

A credit card skimmer is a device that people install on machines that read cards, like ATMs or gas pumps, in order to steal information from the card’s magnetic strip. One of the more technologically sophisticated methods of credit card theft, skimmers are becoming more and more popular thanks to their unassuming appearance and the ease with which they can be used. Stealing credit card information with a skimmer is clearly theft, but is it…
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DWI With a Child in the Car? You Could Be Charged with Child Abuse

Texas takes drunk driving very seriously. Our state has consistently held the record for highest number of drunk driving-related deaths, with a person hurt or killed every 20 minutes in the state. In 2014, 1,466 people died in Texas due to drunk driving and a staggering 70,842 people were arrested. With this in mind, it’s no wonder that the penalties for DWI are pretty high. These can include jail time, fines, inability to receive certain…
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Criminal Justice in 2017: Texas Legislature Considers Changes

New year, new elected officials, new questions about how to progress with Texas criminal justice. This legislative session, Texas lawmakers will be examining the interactions between police and civilians as well as changing the way some crime is handled. Here is a look at four ways we might see changes in Texas criminal justice. Potential Changes to Criminal Justice Police protection. Texas police handle some of the largest cities in the nation and expose themselves…
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Criminal Intent in Solicitation: Austin Man Booked for Elaborate Online Rape Plan

Once something is on the Internet, it’s there forever. This includes evidence of crimes in the making. An Austin man, Blaine Alexander Mallon, was recently taken into custody after a concerned Internet user discovered an elaborate rape plan on Omegle. The chat website does not collect usernames or personal account information, making it easy for users to remain relatively anonymous. According to police and attorneys involved with the matter, Mallon contacted an anonymous user (referred…
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Resisting Arrest versus Evading Arrest: What’s the Difference, and Which Is More Serious?

Resisting arrest and evading arrest are two different criminal charges, although the two often come in conjunction with one another (though not always). Resisting Arrest In general, resisting arrest occurs when a defendant attempts to interfere with the police officer’s duty. Depending on the facts of each case, resisting arrest can be a misdemeanor or a felony. Usually, felony resisting arrest charges are reserved for defendants who take violent action against an arresting officer. Naturally,…
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