All posts by Lee and Wood

How Much of a Prison Sentence Do You Serve in Texas?

Criminal Defense

Most people who are convicted and sent to prison will be eligible for parole at some point, but the rules surrounding parole eligibility are complicated. And while there is a path prisoners can follow to shorten their sentences, some groups have pushed to make that option more difficult or even erase it entirely.

In Texas, how much of your prison term should you expect to serve? Our criminal defense attorneys take a look.

Texas Parole Basics

It’s important to recognize that parole is a privilege, not a right. The Texas Board of Pardons & Paroles sets the conditions for parole and makes the final decision about whether someone gets released or not. The Board considers several factors, including any behavior during prior incarceration and institutional adjustment and behavior.

Tying institutional behavior to parole provides an incentive to work on skills that will be valuable after release. When rehabilitation programs, education or work can help shorten a stay behind bars, prisoners have something valuable to work toward. It provides hope and purpose in a place where people really need it.

The Truth in Sentencing Movement

In the 1990s, many states passed legislation under the heading of “Truth in Sentencing.” These TIS laws basically required people convicted of a violent crime (or in some states, all crimes) to serve a substantial portion, usually 85%, of their original sentence before parole could be a possibility.

Victim’s rights groups fought for these laws under the guise of justice. The real impact of these laws is to swell prison populations and make rehabilitation less likely.

Luckily, Texas did not implement a TIS law. Instead, violent offenders in Texas are required to serve at least 50% of their sentence. Then, they can be considered for parole. Other offenders can be considered even earlier.

The Impact of a Long Prison Sentence

Most people can’t imagine what it’s like to be sentenced to years in prison. The stress and pain of a criminal conviction followed by a potentially long period behind bars is hard to bear.

Any tools you can use to make the time more bearable or even productive are valuable. If there are programs available that can shorten your time in prison, that can be a big help in finding direction.

When Arizona stopped allowing prisoners to earn time credits to get paroled sooner, many things changed. Prison rule violations spiked. Fewer prisoners signed up for educational opportunities. More former inmates went on to reoffend and be incarcerated again. Without something to work toward, people don’t stay on track.

Criminal Defense Is Key to Protecting Your Rights

Even at the best of times, prison is not a good place to improve your life. While it’s good for prisons to focus on rehabilitation in an effort to make prisoners and their communities safer, there are better places to turn your life around. You should make every effort to avoid a criminal conviction.

At Lee & Wood, LP, our criminal defense attorneys represent clients against all types of charges in Texas courts. To discuss your case, call us at 817-678-6771 or contact us online.

Drug Possession Laws Are Out of Step With Public Opinion

Criminal Defense

At a fundamental level, the law should reflect the values of the people. When laws come into conflict with what most people want, something is amiss.

And yet, a recent poll suggests that drug possession laws differ substantially from how most Americans believe the issue should be treated. Let’s look at this discrepancy a little more closely.

How Drug Possession Is Treated Now

Texas is one of many states where drug possession can lead to a felony conviction. Even relatively low levels of THC in a vape pen can land someone in prison for up to two years.

Considerations like the type and quantity of the drug in question control whether possession will be charged as a felony or a misdemeanor. But in every case, drug possession charges are serious business.

American Attitudes Toward Drug Possession

A 2024 poll gathered data on how Americans believe substance use disorders should be treated.

The poll found that 75% believe the issue should be approached as a public health problem rather than a criminal one. And yet, while most Americans are more interested in ways to treat people with drug problems, the law focuses largely on punishment.

Punishment Has Unintended Consequences

The War on Drugs is widely considered a failed policy. It has not decreased drug use. It has not prevented crime. It has not helped communities improve their safety and health outcomes. Punishment does not deter drug use or help people who have fallen under the influence of illicit substances.

Worse, punishment actually increases drug overdose deaths. Prior incarceration increases the overdose rate by a large margin. Once people have been jailed for drugs, they are less likely to seek proper medical care for drug-related problems.

Jails and prisons are not good places to deal with a substance use disorder. Victims of these disorders are unlikely to get the treatment or care they need while incarcerated. Drug use and overdoses continue to be a problem in many jails despite the efforts taken to prevent them.

Take Drug Charges Seriously

Public attitudes about drugs and drug use are growing more sympathetic. That public sentiment can be beneficial, but it won’t help someone charged with a drug crime. It’s important to remember that police and prosecutors take drug crimes seriously in Texas. If you’ve been arrested or charged, you need a strong defense to protect your rights.

Contact an Experienced Texas Criminal Defense Attorney

At Lee & Wood, LP, we provide the skilled representation Texas clients need. If you have been charged with a crime, our lawyers can work with you to put up a well-crafted defense. Contact us online or call us at 817-678-6771 to discuss your case.

Justifiable Acts or Vigilante Justice?

Self defense

Criminal law is not immune to societal trends. The public’s perception of crime can have a real impact on the people caught up in the criminal justice system. What looks like vigilante justice to one person can be seen as an act of self-defense to another. As much as people say it doesn’t, the circumstances around an alleged crime do matter.

The Relationship Between Anger and Justice

The purpose of the criminal justice system is not universally agreed upon. Some believe the goal is to punish people. Others believe the point is to protect the public from harm. Still others believe the purpose is to rehabilitate or correct the behavior of individuals who have run afoul of the law.

Anger can strongly influence how someone views justice. If your neighbor’s car is stolen, you likely feel sympathy. If your car is stolen, you might feel rage. The same crime can inspire wildly different feelings, depending on your perspective.

What Is Vigilante Justice?

Vigilantism isn’t a legal term. It refers to situations in which an individual or group takes it upon themselves to stop or punish someone they perceive to be a criminal. Importantly, the vigilante does not have the legal right to do so. When members of the public try to step in and behave like police officers, they’re engaging in vigilante justice.

The Inspiration for Vigilantism

The identity of an alleged victim is not meaningless. In a case of alleged vigilante justice, others may consider an act justified even if it fits the definition of a crime.

To be clear, there’s no legal justification for vigilantism. It’s not a defense to say that the justice system should have condemned the victim but didn’t.

The criminal justice system doesn’t always produce the results we want it to. In some cases, innocent people are tried and convicted. In other cases, people who committed a crime are not punished. In almost all cases, the system moves much more slowly than the public would like.

Regardless of the circumstances, however, an act of vigilantism is not viewed kindly in the legal system.

Provocation and Sudden Passion

The term “vigilantism” is sometimes used to refer to a crime of passion. The Texas penal code does consider situations where a murder victim provokes their killer into the act of “sudden passion.”

If that provocation is serious enough, the person charged may be convicted of a second-degree felony rather than capital murder. In other words, the act isn’t justified, but the penalties will be slightly less than they would be without the provocation.

Typically, vigilante justice doesn’t fit the definition of sudden passion. Sudden passion is sudden. The provocation happens at the time of the killing, not before. Acts of vigilantism generally come long after the original provocation.

Crafting a Successful Defense

Building a good defense is a complicated process. It must take into account all the available facts.

If you are facing criminal allegations, you need experienced legal guidance as soon as possible. Contact our attorneys at Lee & Wood, LP to discuss your situation. Contact us online or call us at 817-678-6771.

The Smell of Marijuana and Probable Cause

Drug Crime, marijuana

Many Americans are familiar with the odor produced by marijuana, even if they don’t use it themselves. That distinctive, pungent smell has been the basis of many interactions between police officers and members of the public.

Dallas voters recently tackled the issue with a measure designed to curb police authority in instances of potential suspicion of drug possession.

Is Odor Evidence?

Police do not have the right to search wherever and whenever they please. The Fourth Amendment of the Constitution forbids unreasonable searches and seizures. In order to conduct a search, police need either a search warrant or probable cause.

What is at issue now is whether the smell of pot gives officers this probable cause. Traditionally, it has been considered enough. A change to Texas law allowing hemp, however, means that a pot smell doesn’t necessarily indicate an illegal substance.

The Rules Regarding Hemp

Many states have taken the step of legalizing marijuana for medical or even recreational use. While Texas has not taken that step, it did make a change to the definition of marijuana in 2019. The new definition excludes hemp. Hemp is the same plant as marijuana but with much lower levels of THC.

THC levels cannot be determined by smelling the smoke. That telltale odor can be produced even at THC levels that would not trigger criminal liability. Therefore, some people believe it shouldn’t be considered the basis for a search.

Dallas voters believe so, based on the passing of Proposition R, which prohibits searches based on smell alone except in specific cases. If the smell does not mean a crime has been committed, it should not be used as probable cause to justify a search.

Other Courts Have Already Agreed

There is nothing surprising about Texas laws differing from laws in other states. The momentum of the movement to legalize marijuana has not yet touched the Texas legislature. There is only so much impact the rulings of other courts can be expected to have here.

That said, several other states have changed their stance about searches and seizures, especially when their marijuana rules changed. Many of the states involved also decriminalized cannabis in smaller amounts; still, the same principle applies: a non-criminal act could have caused the smell.

Questionable Searches

There is no shortage of stories about searches that started with the claim of “smelling marijuana” that turned up no actual cannabis. It’s basically impossible to prove that someone didn’t smell pot when they claim they did. That gives police a potential way around the Fourth Amendment if they really want to conduct a search.

Putting an end to the pot smell justification of searches would have the added benefit of reducing the number of questionable searches, particularly those involving motorists.

Contact an Experienced Defense Lawyer

At Lee & Wood, LP, our Texas criminal defense attorneys know how to protect you. We have handled countless cases involving marijuana and its derivatives. We can help protect your rights by mounting a strong, knowledgeable defense. Contact us at 817-678-6771 to get started.

Disenfranchisement: Criminal Conviction Carries a High Cost

Criminal Defense

The right to vote is not the top concern of someone facing serious criminal charges. Given what’s at stake for most people caught up in the criminal justice system, it’s easy to lose track of some of the more distant consequences.

However, voting laws can be complex. If you’ve been accused of a crime, it’s important to know that disenfranchisement (being deprived of the right to vote) is a possible consequence of conviction.

Voting After a Felony Conviction

There is no federal law preventing someone convicted of a crime from voting. It’s state laws that are responsible for disenfranchising people with felony convictions. At the moment, 48 states out of 50 have laws on the books preventing convicted felons from voting.

The impact of these laws is significant. The number of people who weren’t allowed to vote in 2024 is estimated to be around 4 million people. Depending on the location, that could be enough to flip the result of an election. Given that a criminal conviction doesn’t rob you of citizenship, it’s fair to ask whether these laws are appropriate.

Texas Disenfranchisement Law

Texas is one of several states where disenfranchisement is temporary. After a conviction, you’re allowed to vote again once you complete all parts of your sentence, including parole and probation. That said, a person may face up to 10 years of restricted voting rights, even after they have served their time in prison.

Other Progress in Returning Voting Rights

Nebraska and Oklahoma are two of the states that have recently passed laws expanding post-conviction voting rights. However, neither state went so far as to guarantee the right to vote, regardless of criminal status. Still, any progress is better than none.

Many Other Restrictions

Losing the right to vote is just one of many drawbacks to a criminal conviction. Obviously, the loss of freedom is the primary concern for many, but there are also other consequences to worry about. A full accounting of the restrictions that can affect you after a conviction is daunting.

Many people struggle to find housing or gainful employment after a felony conviction. Everything from buying a car to parenting your children can get harder because of your criminal status. Many careers can be closed off to you, even for crimes that have nothing to do with the work you want to do.

In many ways, it can feel like your punishment is never done.

Experienced Criminal Defense Is Vital

Every criminal charge should be taken seriously. A conviction is not something you can afford to take lightly. You need to act quickly to protect your rights. At Lee & Wood, LP, our Texas criminal defense attorneys can help you. To schedule a consultation with our skilled Fort Worth lawyers, call 817-678-6771 or contact us online.

Perception vs. Reality in Criminal Law

Criminal Defense

Most people don’t spend time reviewing criminal law statistics. As a result, whether crime is rising or falling bears little resemblance to people’s feelings about crime and how people should be punished. Media portrayals and political statements have a greater impact on people’s perception of crime than actual facts.

Violent Crime Statistics

The first quarter of 2024 saw a substantial drop in violent crime. Reported cases of murder, rape, aggravated assault and robbery all fell from the same period of 2023. The drop in crime rates was as follows:

  • Violent crime – down 15.2%
  • Murder – down 26.4%
  • Aggravated assault – down 12.5%
  • Robbery – down 17.8%
  • Burglary – down 16.7%
  • Car theft – down 17.3%

All of this data comes from the FBI’s Uniform Crime Reporting (UCR) Program.

The decrease in criminal reports fits in well with a long-running trend in America. For example, there is generally far less crime now than there was in the 1990s. In Texas specifically, the 2023 crime report showed that violent crime had gone down 7.2% in the last year.

Perceptions of Crime

Statistics show that crime in the U.S. is less of a problem now than it was in years past. Strangely, that does not line up with public surveys about people’s perceptions of crime. Gallup surveys of the American public show that most people believe crime is on the rise. Every year, the majority of respondents say crime is up from the prior year.

The drop in crime has actually been dramatic. The rate of violent crime in 1993 was almost double the rate reported in 2022. It’s fair to wonder what percentage of people have any idea that crime rates have been falling for decades.

The Consequences of the Public’s Misperception of Crime

Criminal justice isn’t directly impacted by the public’s understanding of crime rates. However, that doesn’t mean there aren’t consequences to this ongoing misunderstanding of criminal trends. People might advocate for different solutions to crime based on whether they think the issue is getting worse or getting better.

When criminal activity rises—a “crime wave” in news media terms—it’s natural for people to advocate for a crackdown. If existing laws aren’t deterring criminals, people might fight for harsher laws. Whether or not harsher laws actually deter crime is not the issue; it’s a common response to the perception of rising crime.

If people are aware that crime is dropping and has been for many years, they might view arrest rates differently. They may be willing to advocate for more treatment and rehabilitation options rather than longer sentences.

Texas Criminal Defense Attorneys

If you are facing criminal charges, you need experienced legal help on your side. At Lee & Wood, our Fort Worth criminal defense attorneys can help you present a compelling defense. This involves everything from tackling the evidence against you to showing you in a sympathetic light. Call us at 817-678-6771 to learn more.

Confronting the Lack of Police Accountability

Criminal Defense

Mistakes in policing can lead to tragic results. No profession is free from errors or people who operate outside the rules. Policing is no different. That said, when police work is conducted improperly, the consequences can be severe.

Bad Policing Affects Everyone

When police are allowed to do what they want with no accountability, it has dire consequences for the community.

You could be falsely accused of a crime you didn’t commit. Or you could be arrested based on an obscure and arcane law. You could even be stopped and searched as a pretext for finding something else with which to charge you. Even egregious behavior from an officer to a community member can be shrugged off and ignored.

The Problem Can Be Small and Serious at the Same Time

The large majority of police officers can be responsible, professional and competent, and bad policing can still be a problem.

Even a single officer or situation can create a situation that needs to be addressed. All of these issues need to be handled immediately:

Public perception is a significant problem, but it’s not the only one. A police force that denies or hides problems can’t be trusted, even if they do things correctly most of the time. Accountability is vital to ensure that people are not being arrested or convicted when they shouldn’t be.

Hidden Records of Mistakes in Policing

When mistakes in policing are made, the public should have access to the pertinent information. Unfortunately, many states have laws in place that make it difficult or impossible for the public to learn about these situations.

A culture of secrecy in policing makes everything worse. The individuals who engage in police misconduct are allowed to avoid needed scrutiny. They are allowed to continue falling short of expectations until a large enough disaster occurs. In the meantime, the public is left unsure of whether substandard police are being held accountable at all.

What Does Accountability Look Like?

In addition to more easily accessible records of misconduct reports, the individuals involved must be held accountable. This could be done through reprimands, additional training, reassignment of duties or, in severe cases, dismissal. Independent oversight could relieve law enforcement agencies of the responsibility to punish their own.

Police also deserve to be protected from false accusations so that real instances of misconduct can be addressed. Transparent proceedings and open records can help further this goal.

Experienced Criminal Defense Makes a Difference

Have you been mistreated by police or falsely accused of a crime? You need a law firm that isn’t afraid to hold law enforcement officers accountable. At Lee & Wood, our Fort Worth criminal defense lawyers have the skill and knowledge to protect you. Call us at 817-678-6771 or contact us online to schedule an appointment.

Understanding the Presumption of Innocence

Criminal Defense

Anyone accused of a crime is innocent until proven guilty under United States law. While these words may be common knowledge, not everyone understands where the right comes from or how it operates in a court of law.

The presumption of innocence is vital to criminal justice. It’s important to understand exactly what it means when you’re facing charges, whether you’ve been charged with a misdemeanor or a felony.

The Source of the Right

“Innocent until proven guilty” is not a phrase you can find in the US Constitution. Instead, the right comes through English common law and is read into the Constitution as part of the Due Process Clause. In that way, it is considered a Constitutional right, even if the specific words are not a part of the text.

The Basics of the Presumption of Innocence

So, we have established that you are presumed innocent. What does that mean? At the most basic level, it means that it isn’t your job to prove you didn’t commit a crime. It is the prosecution’s job to prove you did commit the crime you’re accused of.

You could, theoretically, offer no defense other than that the prosecutors failed to prove you were guilty. In practice, however, it’s always essential to present a thorough defense.

The Criminal Law Burden of Proof

The operation of the presumption of innocence depends, in part, on what prosecutors have to show to get a conviction. The standard of proof in criminal trials in Texas is proof beyond a reasonable doubt. What is “reasonable” is a matter of interpretation for the jury or judge who makes the final decision.

Practical Considerations of the Presumption of Innocence

When you’re facing criminal charges, you should not be overconfident. Just because you are presumed innocent doesn’t mean you can simply rely on that to get the results you want. Given the consequences of a criminal conviction, you need to make every effort to avoid or minimize that outcome.

You always need an experienced criminal defense attorney on your side to help protect your rights. Your lawyer can explain what those rights are and what options you can choose from. Together, you can build a defense that uses all available evidence and a thorough knowledge of your rights to protect your future.

The criminal justice system is complex. It’s a stressful place to navigate without years of experience. Your rights are real, but they still need to be protected and asserted in the right way and at the right time.

Speak to Our Skilled Criminal Defense Attorneys Today

If you’ve been arrested or charged with a crime in Texas, our Fort Worth criminal defense attorneys can help. Call us today at 817-678-6771 or contact us online to discuss your situation.

Can Bad Science Lead to a New Trial?

Criminal Defense

Texas was considered a groundbreaker when it passed Article 11.073 of the Texas Criminal Code. Known as the junk science law, it was intended to protect people convicted on evidence that turned out to be scientifically unsupported. So far, unfortunately, the law isn’t having much effect.

New Science and Junk Science

The law is officially entitled “Procedure Related to Certain Scientific Evidence.” It’s intended to help people use newer scientific evidence, such as DNA, or to overcome discredited scientific evidence used against them.

The courts can determine whether new evidence that contradicts the original relevant evidence is available. To determine whether the presentation of new evidence is warranted, the court must decide if any of the following have changed since the original action was filed:

  • The field of scientific knowledge
  • A testifying expert’s knowledge
  • A scientific method on which the evidence is based

If they have, a new trial could be granted.

Initially, it appeared that this law was aimed at DNA evidence. Many older convictions around the country have been overturned due to new DNA testing methods. Science that didn’t exist when people were convicted can now be used to exonerate them.

But there is junk science to be considered, as well. Unfortunately, criminal justice has long been a hotbed for questionable scientific claims. Analyses on bloodstain patterns and 911 calls were not based on rigorous application of scientific principles. Courts around the country have overturned convictions based on that now-discredited evidence.

How Is the Law Working?

In practice, it would be difficult to argue that the junk science law is providing much relief to wrongly convicted people. A recent analysis found that of the 74 appeals filed concerning junk science, 15 people had been granted new trials.

To those 15, the law has changed their life. For the remaining 59, there has been no change. More than a third of the appeals were denied without any consideration of the scientific claims underpinning them. And none of the overturned convictions were in capital cases.

Incorrect Application of the Law

There has been disagreement about how the new law should be applied. What does a defendant have to prove to the court in order to get a new trial? Some argue that the law requires a showing that the defendant was innocent. Others claim that the law merely requires a showing that the conviction was based on junk science.

The problem is that older cases are harder to try. Witnesses may not be available anymore, and evidence may have been lost. Finding the person who actually committed the crime gets harder as time passes. If someone goes to prison based on scientific evidence we now know to be wrong, shouldn’t there be some relief?

Get the Legal Help You Deserve

At Lee & Wood, our skilled criminal defense attorneys know how to present a strong defense. Call our Fort Worth lawyers today at 817-678-6771 or contact us online to get started.

Abuse in Texas Juvenile Justice Facilities

Assault

Many people want to believe that children in custody are being treated with dignity. However, an investigation by the U.S. Justice Department turned up serious issues with five Texas juvenile facilities.

The report from the investigation includes several recommended remedies for the issues raised. The Texas Juvenile Justice Department has not yet stated whether they plan to take the actions recommended by investigators.

Young Offenders Are Particularly Vulnerable

The criminal justice system is a terrifying place for adults. For young offenders, it can be a nightmare. Without an experienced attorney to help them, juveniles accused of crimes might be treated unfairly. Young people often don’t know they have rights or understand the best ways to assert those rights.

The facilities in question were for youths ranging in age from 10 to 19. Many of these young people may not have understood when guards’ behavior crossed the line into unlawful conduct. The abuses noted were widespread, affecting a large number of victims.

Improper Treatment

The investigation uncovered several types of improper or unlawful conduct:

  • There were numerous reports of staff members using pepper spray frequently and for very minor infractions. Children were pepper-sprayed for things like slamming a washing machine door or talking back to the guards.
  • There were multiple instances of young offenders being held in isolation for long periods of time.
  • The juveniles at these facilities were not given the rehabilitation services that should have been provided.
  • The juveniles were not properly protected from sexual abuse, including sexual abuse by staff members.

Recommended Improvements

The 72-page report listed several changes the facilities could make to address the problems. It recommended that they end the use of MK-9 pepper spray canisters, restrict the use of isolation, and mandate non-force intervention as a first response.

The Goal of Juvenile Detention

Unfortunately, the conditions found in these detention facilities are not unusual. Abuse is common in many incarceration facilities. This is one of several reasons why youth incarceration has been shown to be ineffective. If the goal is to put a stop to delinquent behavior and put kids on a better path, incarceration will not achieve it.

Juvenile detention should not be the default action when young people run afoul of the law. This would be true even if the facilities in question weren’t hotbeds for abuse and neglect. Avoiding, or at least minimizing, the time children spend in these facilities is the best way to help protect their futures.

Act Quickly to Protect the Rights of a Young Offender

Early and aggressive criminal defense is important. The Texas juvenile justice system is not the place to turn a troubled child around. At Lee & Wood, LP, our experienced defense attorneys can answer your questions and get started on the best defense for your child. Call our Fort Worth lawyers at 817-678-6771 or contact us online today.