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.

Understanding the Impact of Social Media on Domestic Violence Cases

Domestic Violence

Each domestic violence case is different, and the evidence against a person can have a tremendous impact on the outcome. Even if you’re facing charges that are identical to what someone else is facing, the outcome will likely be different. Even facts that initially seem small can have a big effect on the outcome.

This is especially true when social media is involved. Our experienced domestic violence defense attorneys know that cases involving social media and domestic violence can be nuanced. Here are some key takeaways.

Social Media Can Be Used as Evidence of Domestic Violence

Like in other proceedings in Texas, social media can be used as evidence of a crime—or to help disprove allegations (often called “exculpatory evidence”). Under the law, social media evidence must meet certain requirements in order to be admissible in court.

First, it must be relevant. That means it tends to make an important fact seem more or less probable than it would without evidence. For example, social posts about you volunteering for charity last year may be found not relevant. But social posts threatening your accuser may be found to be relevant.

Second, it must be authenticated. Your accuser can’t simply produce evidence of social media posts at trial and claim that you wrote them. They must give you a chance to review the posts and object to their authenticity.

Social Media Posts Aren’t Private

Remember that social media postings are not private, even if you use privacy settings to hide your posts from people who are not your “friends.”

Social media sites’ privacy policies warn users that these posts aren’t private. Prosecutors and police can obtain the legal permissions necessary to get your subscriber information, history and social media posts.

Make Good Choices About What You Post

There’s a saying that “the internet is forever.” Thanks to screenshots, digital recordkeeping and sites like the Wayback Machine, records of your online activity can exist long after you delete posts.

The best way to avoid getting into trouble for social media posting is to take a deep breath before you type something. Calm down and consider the potential consequences. However, everyone makes mistakes. If something you posted could get you in trouble, talk with an attorney right away.

Have Questions? Reach Out for Legal Support.

To get the legal help you need, call our Fort Worth lawyers at 817-678-6771 or email us. Consultations are free and confidential.

Protective Orders, Criminal Charges and Stalking: What You Should Know About the Legal Process

Criminal Attorney,

Texas law takes allegations of stalking seriously, and the consequences can affect your entire life. In Texas, stalking can be a third-degree felony. If convicted, you could face a sentence of between two and ten years in prison. You could also face a fine of up to $10,000.

Here’s what our experienced domestic violence defense attorneys want you to know.

How Is Stalking Defined Under Texas Law?

Texas Penal Code § 42.072 defines stalking as occurring when:

  • A person engages in a pattern of repeated behavior,
  • That behavior is directed at a specific person or their loved ones, and
  • That behavior would cause a reasonable person to feel afraid.

Given this broad definition, many different actions can be seen as stalking under the law. This includes threatening to hurt or kill someone, their family or their pets. This also includes asking someone else to make those threats for you.

Defending Against Stalking Allegations

As with all criminal charges in the United States, defendants are innocent until proven guilty. If you’ve been accused of stalking, you don’t need to prove anything. Instead, the prosecutor has the “burden of proof.” They must prove that your case satisfies all of the legal elements of the law to convict you.

Stalking cases can be difficult for prosecutors to prove unless they have physical evidence against you, like records of harassing texts and emails. One of the trickier elements of the case for them to prove is that a reasonable person would have been afraid.

If prosecutors fail to meet their burden of proof beyond a reasonable doubt, the defendant may be found not guilty.

The Protective Order Process

The Texas Code of Criminal Procedure article 7B allows people who believe they’re being stalked to seek a protective order against the alleged stalker. Unlike with domestic violence cases, there’s no relationship necessary.

Any person can seek a stalking-related order for protection against you, even if you’ve never dated, lived together, gotten married or had a police report filed against you. You can even have a protective order filed against you by someone you’ve never met face-to-face.

People who believe they have been stalked are often represented by legal aid offices or private attorneys, but some represent themselves. To obtain a protective order, they fill out an application and a supporting affidavit, a temporary ex parte order and a notice of a hearing.

These documents are then filed with a court clerk. They must also be served on you to be effective. If you are served, don’t ignore these papers. Violating a protective order, even accidentally, can mean serious trouble.

Accused of Stalking? Get Legal Help.

If you’re accused of stalking, you can always turn to our attorneys for help. Call our Fort Worth lawyers at 817-678-6771 or email us to set up a free and confidential consultation to discuss the situation.

Understanding the Legal Rights of Minors

Criminal Defense

As in many other states, 18 is the “age of majority” in Texas. That’s the age when people are considered to be adults. Before then, they’re considered to be “minors.” In Texas, a minor is a person who is under the age of 18 and has never been married or emancipated.

Age Affects Criminal Responsibility

In Texas, your age affects the punishment you’ll receive for any offense you’re convicted of. Criminal allegations against young offenders are filed as a petition in a court, and the petition states the age of the accused.

People who are between ages 10 and 15 are otherwise presumed incapable of committing an offense other than a juvenile curfew ordinance or order. A person may not be prosecuted for any offense if they are younger than 15, with the exception of these offenses:

  • Perjury (lying under oath) in some cases
  • Violation of a motor vehicle traffic ordinance
  • A misdemeanor punishable by a fine only
  • Certain very serious crimes, like capital felonies

Juvenile Courts Handle Cases Differently

In juvenile courts in Texas, people are called “respondents” instead of “defendants.” The hearings, procedural requirements and legal restrictions placed on juvenile cases are unique to this area of law. So are the purposes of this system: to rehabilitate the youth involved and to protect the public.

Minors Appear With their Parents in Juvenile Court

Unlike in adult court, minors accused of crimes appear with their parents or guardians in juvenile court. These parents or guardians are officially served a copy of the petition and summons. If they are not able to attend, the court will usually appoint a professional called a guardian ad litem who is there to protect the juvenile’s interests.

Juveniles May Have Their Criminal Records Sealed

One of the purposes of the juvenile justice system is “to remove, where appropriate, the taint of criminality from children committing certain unlawful acts.” That means juveniles may have their criminal records sealed if they are eligible.

If your record is sealed it may not be discoverable by most people doing a criminal background check on you. Because your records are sealed, offenses committed in your youth won’t prevent you from renting a nice apartment or getting a good job.

Get Legal Help to Protect Your Rights as a Minor

If you want to protect your rights as a minor in Texas, contact our experienced juvenile defense lawyers as soon as possible. Call our Fort Worth, Texas, law firm at 817-678-6771 or fill out our online contact form to talk with an experienced lawyer about your criminal defense.

The Impact of a Public Intoxication Charge on Your Future

Criminal Defense

People make mistakes. Sometimes, they do things in the moment without thinking about how their decisions could impact them in the long term. This is especially true of teenagers and college students who often find themselves in the wrong place at the wrong time.

Public Intoxication Is a Class C Misdemeanor in Texas

In Texas, a public intoxication charge carries serious consequences. However, it is possible to move forward after a public intoxication arrest. Public intoxication is a Class C Misdemeanor. That means it carries a fine, but the maximum fine does not exceed $500. There is no jail time involved. While public Intoxication is a rather minor offense, you should never just pay the fine and move on. If you do this, like many college kids do, it results in a conviction. Once you’ve received three of these, the fourth becomes a crime punishable by up to 180 days in jail.

By comparison, other Class C Misdemeanors include theft of something valued less than $100, assault with no injury, and possession of drug paraphernalia (without drugs).

You May Have a Criminal Record

Even though public intoxication is a misdemeanor, it should be taken seriously. Your public intoxication charge may become part of your permanent criminal record, which can impact future opportunities—from admission into your dream college to landing the perfect job. You may find yourself explaining the public intoxication charges during a job interview. Additionally it’s a conviction for an alcohol offense that can’t be expunged from your record. Sometimes that is difficult to explain to an employer.

If You Are Under 21, You May Lose Your Driver’s License

The law takes drinking seriously, especially when the people involved are not yet the legal drinking age. If you’re under 21, you may lose your driver’s license after a public intoxication conviction. You may also have to complete an alcohol awareness class and do up to 12 hours of community service.

You May Face Other Consequences Too

If you’re a member of an organization that has a code of conduct, like sports teams and youth leadership organizations, you could risk being kicked out after a public intoxication charge. The best way to protect your membership in these organizations is to hire an experienced attorney who can protect your interests.

Everyone Deserves a Chance to Move Forward. Get Legal Help.

At Lee & Wood, we understand that everyone deserves a chance to move forward, especially young people facing legal challenges. We won’t judge you for getting into trouble. Instead, we’ll work hard to give you the best possible chance at a bright future.

If you want to protect your rights and your freedom, contact us as soon as possible. Call our Fort Worth, Texas, law firm at 817-678-6771 or fill out our online contact form to talk with an experienced lawyer about your criminal defense.

Drug Possession Laws Across State Borders: What You Need to Be Aware Of

Drug Crime, THC

While THC is legal in many other states, it’s not yet legal in Texas. At Lee & Wood, we often hear from people who bought legal THC edibles or gummies for recreational purposes when on vacation and then forgot and brought them home.

We also know that our highway patrol often pulls over Texans on their way back from Oklahoma and Colorado, where they legally purchased medical marijuana. As a result, people who would never deliberately break the law are facing serious drug charges.

Crossing State Lines Can Mean Federal Charges

What’s legal in other states can lead to severe consequences in Texas. When an act takes place solely within Texas borders, it’s considered to be a state crime. However, if the act involves crossing state lines or the border with Mexico, it becomes a federal drug crime.

So, if you’re caught with drugs you transported across state lines, you could face charges for federal crimes that are independent of any state laws that you allegedly violated. This means serious trouble.

Drug Possession vs. Drug Trafficking Charges Depend on Drug Amounts

Prosecutors decide what the charges will be based on the facts of the case. When small amounts of drugs are found, they often charge defendants with drug possession.

When large amounts of drugs are found, they often infer that the drugs were intended for sale. They then charge defendants with the far more serious crime of drug trafficking.

Bringing Legally-Purchased THC Products Into Texas Can Be a Felony

Because marijuana has been legal in places like Colorado for so long, many Texans forget that bringing THC products back to Texas can get them in serious trouble. In Texas, if you’re caught bringing THC concentrates such as oils, waxes, shatter or dabs into our state, you could face felony charges.

The charges and fines involved increase with the amount of THC a person is caught with. Possession of less than a gram is a state jail felony, punishable by 180 days to two years in jail. It’s also punishable by a fine of up to $10,000.

Larger amounts of THC are punishable with increasing amounts of prison time. If a person is caught with a large amount of THC (200 to 400 grams), they could face up to 99 years in prison in addition to the $10,000 fine.

Need Help? Call An Experienced Criminal Defense Lawyer.

People often find themselves in trouble for drug crimes in Texas without ever realizing the consequences were so serious. This is especially true when the crime involves taking marijuana or THC across state borders. If you’re in trouble, get legal help now.

Call 817-678-6771 or send us a message online to request a free consultation with the attorneys at the Fort Worth law office of Lee & Wood, LP.