Category Archives: Criminal Defense

Pretrial Detention: When Can You Go Home While Waiting for Trial?

In America, we are innocent until proven guilty. The burden of proof is on the prosecution, meaning they are responsible for establishing someone’s guilt in a court of law.

But what happens before you can head to that court? Once people are arrested, they’re often in jail, with no indication of when or if they’ll be released before trial.

A strong defense attorney is important for more than the trial. From the start, your attorney will keep you informed of the process and proceedings. More importantly, they’ll be able to fight for your right to await trial at home and to advocate for the presumption of innocence.

Innocent, but Not Free—What Is Pretrial Detention?

Pretrial detention refers to the period when a person is held in jail after being arrested but before their trial takes place.

In Texas, whether someone is detained or released before trial depends on several factors, including:

  • The severity of the charges
  • The person’s criminal history
  • The person’s criminal history

The last issue, that of “dangerousness,” can be controversial. In a way, it’s a punishment for nonexistent crimes—ones that person might commit in the future. A defendant can be kept behind bars because of the potential harm they might cause rather than because of acts they’ve actually committed.

Texas Trends in Bail Reform

Texas has seen growing debate around pretrial detention and bail reform. In June, the Governor signed a bail reform package intended to keep more people behind bars while awaiting trial.

These policies have obvious appeal from the perspective of crime victims. Unfortunately, the opposite side is rarely considered. What is the cost to an innocent person who is kept behind bars for months or years before getting the chance to demonstrate their innocence?

The Role of Bail

In most cases, Texas law allows for bail, which is a financial guarantee that the accused will return for court proceedings. Once someone has posted bail, they can then be released from jail, with the assumption that they will be in court when needed.

Bail can be paid in cash, through a bond company or, in some cases, waived entirely.

Judges have discretion in setting bail amounts and conditions. For minor offenses, bail may be set quickly and affordably. For more serious charges, bail may be higher or denied altogether.

If you’ve been arrested, a good defense attorney can fight for your right to have a reasonable bail amount set.

When Is Pretrial Detention Mandatory?

Texas law permits judges to deny bail in certain circumstances. For example:

  • If the accused is charged with a capital offense and the evidence is compelling
  • If the person has violated bail conditions in a previous case
  • If the accused is considered a threat to public safety

In these cases, the court may order you to remain in custody until trial. Still, until that happens, your lawyer can argue that the judge should consider bail.

Get Experienced Texas Criminal Defense Representation

Pretrial detention in Texas is not automatic. Many people are eligible for release while awaiting trial. Understanding the law and having strong legal support can mean the difference between awaiting trial behind bars or in your own home.

If you’ve been accused of a crime, don’t wait. Reach out to the Texas criminal defense attorneys at Lee & Wood, GP, today. Call 817-678-6771 or contact us online.

What Is Resisting Arrest in Texas?

Let’s say you’ve been arrested on a minor criminal charge. You were annoyed, the officer was a bit rough and you pulled your arm away. Now, the officer has used that to include a charge of resisting arrest.

How serious is a charge like this in Texas? And is this something you can defend against?

Resisting or evading arrest can be charged alone or in connection with other criminal accusations. If you’ve been charged with resisting or evading arrest, you need an experienced Texas defense attorney.

What Is Resisting Arrest?

Under Texas Penal Code § 38.03, resisting arrest occurs when a person intentionally and by force prevents or obstructs a peace officer (or someone under their direction) from:

  • Making an arrest
  • Performing a search
  • Transporting someone

It’s important to note that force is the key element, and what constitutes force can be a matter of the officer’s opinion. Even relatively minimal resistance, like pulling away when something hurts you, can be interpreted as resisting.

What surprises many people is that you can be charged with resisting arrest even if the arrest itself was unlawful. The law does not allow individuals to resist, even if they believe the officer is acting improperly. Instead, the legal system expects disputes to be resolved in court, not on the street.

Potential Penalties of Resisting Arrest in Texas

Resisting arrest can be either a misdemeanor or felony. It’s most commonly charged as a Class A misdemeanor. This means a conviction can be punished by up to one year in jail and a fine of as much as $4,000.

If a deadly weapon is used during the resistance, however, the charge escalates to a third-degree felony. Conviction could mean 2 to 10 years in prison and a fine of up to $10,000.

Beyond the legal penalties, a criminal conviction can have long-term consequences. It can affect your employment, housing and even child custody cases. That’s why it’s critical to take these charges seriously and seek experienced legal counsel.

Common Defenses

There are several ways your defense team may defend against charges of resisting arrest. Issues lawyers sometimes use in defense include:

  • Lack of intent: The prosecution must prove that the resistance was intentional. If the accused was confused, panicked or reacting instinctively, that may undermine the intent element.
  • No use of force: If the accused did not use force—for example, raising only verbal objections or offering passive resistance—this may not meet the legal definition of resisting.
  • Self-defense: If the officer used excessive force, and the accused responded in a reasonable manner to protect themselves, this may be a valid defense.
  • Lack of evidence: As with any criminal charge, the burden is on the prosecution to prove guilt beyond a reasonable doubt.

Contact an Experienced Texas Defense Lawyer Today

At Lee & Wood, GP, our attorneys have the experience and grit to protect your rights when facing any criminal charge in Texas. Contact us online or call 817-678-6771 to get started.

Public Intoxication in Law and in Practice

It’s not unusual for someone charged with public intoxication to be confused about why the police got involved. Few, if any, Texas criminal laws are as broadly written as the law against public intoxication. Believe it or not, virtually anyone who’s had any alcohol at all could potentially be charged and suffer severe consequences.

What the Texas Public Intoxication Law Says

As with any criminal charge, it’s a good idea to speak to an experienced defense attorney to understand how the law applies to your case. A general understanding is helpful, but it’s no substitute for knowledgeable legal counsel.

Texas law has a simple definition for public intoxication. If you appear in a public place while intoxicated to the degree that you may endanger yourself or someone else, you could be arrested and found guilty of public intoxication. The issues with this law are grounded in the specifics.

The Definition of Intoxicated

The definition of intoxicated for the purposes of this law is “not having the normal use of mental or physical faculties by reason of the introduction of alcohol” or other drugs. Combinations of drugs or both drugs and alcohol are also included.

It can also mean having an alcohol concentration of 0.08 or more. However, it’s important to understand that you don’t have to be over the legal limit to be found guilty of public intoxication. Police can claim that your behavior indicated intoxication. They don’t have to test your blood alcohol content to support this charge.

What Being “A Danger” Entails

The law does require evidence that you were a danger to yourself or others.

Without a strong defense, making the case that you were a danger may be simple for a determined prosecutor. You could trip over your own feet and find yourself accused of staggering into traffic. This may seem far-fetched, but there are many innocent situations that have been the basis of public intoxication charges.

How Public Intoxication Laws Are Used in Practice

It’s obviously not the case that everyone who’s had any alcohol will face public intoxication charges. It’s not hard to find an intoxicated pedestrian in almost any campus or hot spot on a Friday or Saturday night. So why do some people get arrested and others are left alone?

Some suggest that public intoxication arrests are used as a form of crowd control. If you get in the way of the police, they can arrest you for public intoxication with very little evidence. Others suggest that it’s used to arrest people who annoy law enforcement, or even as an excuse to check someone for more serious criminal issues.

Unfortunately, a criminal charge is an incredibly high price to pay for irritating a police officer. Though it’s a misdemeanor, it still appears on your criminal record and can interfere with your ability to get a job or find housing.

Get the Legal Protection You Need

If you’ve been accused of public intoxication, you need an attorney. Call Lee & Wood at 817-678-6771 or contact us online to discuss your case.

What are Child Grooming Charges in Texas?

As a response to increased reports of child trafficking, the Texas Legislature passed a law against child grooming in 2023. Grooming is the process where an adult builds a relationship, trust and emotional connection with a child in order to manipulate, exploit or sexually abuse them.

Texas takes the crime seriously, and the penalties for a conviction are harsh.

Texas Child Grooming Law

For a conviction of child grooming under Texas law, the prosecution must be able to establish that the defendant intended to commit a sexual offense. Grooming covers the actions taken in preparation of the sexual offense. That includes persuasion, inducement, enticement or coercion.

The victim in a child grooming situation must be under 18 years of age. The offense involved must fall under Texas laws against trafficking, sexual offenses or assaultive offenses.

Can a Minor Groom Another Minor?

There is an affirmative defense for situations where the person accused and the victim are both under 18, provided the age gap is small enough and the two are in a dating relationship or married at the time of the conduct.

It’s important to recognize that the affirmative defense requires the two minors to be in a dating relationship. It does not cover actions taken by a minor seeking to establish a dating relationship.

The Weight of an Accusation

As in the case of sex offenses, the impact of an accusation of child grooming is hard to overstate, often carrying lifelong consequences. This is particularly troublesome when you consider the behaviors that could be considered grooming if viewed in the wrong light.

Child grooming laws are intended, in part, to prevent sex offenses like assault from occurring in the first place. In a way, they’re intended to punish the behavior that comes before what was once the crime of record. That’s why the issue of intent is so important. An action that’s perfectly acceptable where there is no intent becomes criminal if there is intent.

Depending on the criminal history of the person accused, child grooming is considered either a third-degree felony or a second-degree felony.

A Loaded Term

Grooming has taken on a new meaning in recent years. It’s fair to suggest that from one person to the next, there might be a very different understanding of what the word means. That kind of misunderstanding or disagreement can have a significant impact when it comes to criminal prosecution.

Contact a Skilled Texas Criminal Defense Attorney

At Lee & Wood, GP, our team understands the intricacies of Texas law. We have extensive experience defending both adults and young people against a range of criminal charges. To speak to one of our knowledgeable lawyers, call us at 817-678-6771 to schedule a consultation.

What Is Racketeering in Texas?

If you’ve watched crime dramas or read about high-profile federal cases, you’ve probably come across the term “racketeering.” But what does it really mean, and how does it apply in the real world? What would it mean to be charged with racketeering in Texas?

No matter what the situation is, these charges call for the services of an experienced criminal defense attorney.

More Than a Movie Plot Crime

Racketeering is one of the most serious and misunderstood criminal allegations a person can face. The term is often associated with organized crime, but the legal definition under both federal and Texas law is broader than most people realize.

The Basics of Racketeering

Racketeering refers to the act of operating an illegal business or scheme to make a profit, often through coercion, fraud or violence. It became widely recognized under the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, passed by Congress in 1970.

The RICO Act was designed to combat organized crime. It allows prosecutors to go after patterns of criminal behavior carried out by individuals as part of a larger enterprise. These enterprises, or “rackets,” can be anything from street gangs and motorcycle clubs to legitimate-looking businesses used as fronts for illegal activities.

The Elements of Racketeering

To bring a RICO charge, the government must show:

  • A criminal enterprise exists.
  • The defendant was associated with or employed by that enterprise.
  • There was a pattern of racketeering activity, meaning at least two acts of qualifying crimes, called “predicate offenses,” within a 10-year period.
  • The acts were related to the operation of the enterprise.

Predicate offenses include a wide range of crimes, including bribery, extortion, money laundering, drug trafficking and wire fraud. In certain circumstances, they can include murder or kidnapping.

Racketeering in Texas

While RICO is a federal statute, Texas has its own racketeering laws. Texas racketeering law targets individuals who commit crimes as part of a criminal combination or criminal street gang.

Sentencing enhancements can apply. For example, if someone is accused of theft, but it’s shown that they did it in coordination with a criminal group, prosecutors can elevate the charges and seek much harsher penalties.

Why Should You Care About Racketeering?

While racketeering charges are meant to combat organized crime, the definition of organized crime is wider than some may think. An “enterprise” in Texas, for example, can simply mean a “group of individuals associated in fact.” To law enforcement, that could mean you and your friends.

Prosecutors and law enforcement want to get convictions. They may charge you with racketeering in an effort to have you plead guilty to lesser charges. A good lawyer will see through this tactic and provide a robust defense.

Racketeering Charges Are Serious

RICO and organized crime charges carry the potential for long prison sentences, asset forfeiture and devastating reputational damage. Even being investigated for racketeering can cause significant personal and financial stress.

These cases are often built over months or even years, using surveillance, wiretaps, and confidential informants. Prosecutors may attempt to charge as many people as possible, hoping some will cooperate.

That’s why it’s critical to have an experienced criminal defense attorney on your side. Your attorney will understand both federal and Texas law and can challenge the government’s narrative at every turn.

At Lee & Wood, GP, our Texas criminal defense lawyers help defend against accusations of all types. If you have been arrested or charged with racketeering or a related offense, call us at 817-678-6771 or contact us for a consultation.

Right To Remain Silent: When To Speak to Officers in Texas

Your right to remain silent plays a significant role when it comes to interacting with police, but it’s not quite the whole picture. When can you assert that right? Is it always the best strategy? What about situations where you aren’t under threat of arrest?

Your criminal defense attorney can handle these issues once you’ve chosen one. Until then, what should you do?

Silence Is Better Than Lying

Saying nothing is specifically protected in many instances. Saying something untrue is not protected. It’s always better to stay silent than to say something that isn’t true!

When you choose silence as your response, be consistent. Remain silent. Wait until you’ve had a chance to speak with your lawyer to make any statement at all.

Situations Where You Have To Speak

This is a tricky area. Texas law includes a Failure to Identify (Section 38.02) law that requires someone who has been lawfully arrested to provide their name, address or date of birth when requested by a peace officer.

It also makes it a crime to give a false answer to those questions if you’ve been lawfully detained. The same is true if the officer has good cause to believe you witnessed a crime.

There are also provisions regarding drivers. If you’re a driver who’s been detained for an alleged offense, such as a DWI, you must show the officer your license when requested. If you don’t or can’t, you must give your name, address, date of birth, or driver’s license number.

At a traffic stop, hand over your license and proof of insurance when asked. But don’t answer questions about your driving, your destination or anything else.

Violations of the Failure to Identify law are punishable as misdemeanors.

Be Polite in Silence or in Speech

Silence is your right and is almost always the right choice. But whether you remain silent or choose to speak, it’s best to be polite and calm around police officers.

Getting pulled over or arrested is incredibly stressful. It’s easy to be overwhelmed, angry, scared or frustrated. It’s important to try to stay calm and wait for your attorney to help you.

It’s also important to remember that even if the situation got away from you in the beginning, you can stop talking at any point. If you’ve made statements in anger or fear, you can still assert your right to remain silent once you’ve calmed down. The less you say without an attorney present, the better off you’ll be.

Police Can Lie to You

While you’re not allowed to lie to police, the reverse is not true. Police officers can lie about the evidence against you. They can lie about what they saw. They can lie about what will happen to you if you just start talking to them. When the police tell you you’ll be better off talking to them, that is not the truth.

Contact a Texas Criminal Defense Attorney Immediately

Exercise your right to remain silent. Wait until you’ve spoken to your attorney before making any statement to the police. Call Lee & Wood, GP today at 817-678-6771 or contact us online.

The Brady Rule And Disclosure Evidence

In criminal trials, both the prosecution team and the defense team will be looking for evidence to prove guilt or innocence. But what happens when the prosecutor finds evidence that the defendant is innocent? What is a prosecutor’s duty? If a prosecutor finds evidence that an accused person is innocent, what should they do with it?

Fortunately, there’s a rule governing this important situation. The Brady Rule requires prosecutors to disclose “exculpatory evidence,” which is evidence that may support the defendant’s innocence. Unfortunately, however, history shows that your defense attorney should not rely on this disclosure.

What Evidence Is Considered in the Brady Rule?

Not all evidence is considered Brady Material. The type of evidence covered by the Brady Rule is that which is “material to the issue,” which means it’s important to the case. The evidence must also be exculpatory, meaning it helps the defendant make their case.

Physical evidence, information gathered in depositions and many other types of evidence are all subject to the Brady Rule.

Violations of the Brady Rule

The Brady Rule is more often noted for its failures than for its successes. Violations of the Brady Rule have led to some famous results.

When exculpatory evidence is not turned over, as the law requires, the conviction should be reversed. Brady violations can lead to convictions being overturned, sometimes years or decades into an innocent person’s sentence.

While it is a fundamental principle of due process, Brady Rule enforcement is inconsistent. Violations are relatively common and are rarely sanctioned or corrected unless uncovered through appeals or independent investigations. Courts often defer to prosecutors’ discretion, and disciplinary action against those who withhold evidence is rare. Paired with a lack of accountability in policing, people accused of crimes are facing a prosecution that can seemingly do what it wants.

Though the Brady Rule is well-established in law, its practical enforcement often depends on the diligence of defense attorneys. Some have even suggested that the reputation and relationships forged by defense lawyers are key to preventing Brady violations in the first place.

Building a Strong Defense

While the law requires exculpatory evidence to be turned over, it’s not realistic to hope for the prosecutor to provide the key evidence that sets you free. An experienced criminal defense attorney will not rely on Brady material to build your defense.

If there is evidence to be found that will reduce or negate the charges against you, your attorney and hired investigators are most likely to find and present it. That’s one of many reasons to find and hire an experienced defense attorney.

Mistake or Intention

Some might argue that the current state of affairs regarding the Brady Rule is unacceptable. That may be the case, but it’s worth considering what’s actually driving the problem.

Prosecutors often carry substantial workloads and have limited resources to do their jobs. The system isn’t perfect, and mistakes happen that can help or hurt an accused person. Courts are unlikely to start punishing prosecutors in a way that makes the situation worse.

Contact a Texas Criminal Defense Attorney Now

At Lee & Wood, our attorneys have extensive criminal defense experience in Texas courtrooms. We can help you craft a strong defense designed to protect your rights, regardless of whether the prosecution plays nice. Call our offices today at 817-678-6771 or contact us online for a free consultation.

Not Guilty Verdict vs. Acquittal vs. Charges Dismissed

Legal terminology is often confusing. Terms like “acquittal” aren’t common in everyday speech. Even a phrase as ordinary as “not guilty” can be misunderstood. When it comes to desirable outcomes for a criminal case, are you best off if you’re found not guilty, if you’re acquitted, or if the charges against you are dismissed?

The Best Result: Charges Dismissed

Among the results for a criminal case, one comes out on top. Having the charges against you dismissed can often be the best possible outcome. There are several reasons for this. First, charges can be dismissed before the trial even begins. That can save you time, money and an incredible amount of stress.

Charges can also be dismissed after the trial has begun. This is also a positive result. Dismissal at this stage comes with the bonus of double jeopardy protection.

Jeopardy rules prevent a person from being tried for the same conduct twice. Once you’ve gone to trial, even if new evidence arises later, the court can’t try you again for that offense (they could, however, try you under a new charge).

Found Not Guilty By the Judge or Jury

A verdict of not guilty is also a positive result. Such a verdict means that the person charged will not be held responsible for the alleged conduct. You can be found not guilty of one charge while being found guilty of other charges. Generally speaking, the charges are considered separately from one another.

A not-guilty verdict happens at the end of a trial. It could be considered an acquittal that happens at the end of the proceedings. It also carries the benefit of protecting you from double jeopardy.

Acquittal

An acquittal does not have to come at the conclusion of a full criminal trial. A judge can acquit someone at any point in the proceedings. Acquittal happens when the judge concludes that the accused cannot be found guilty beyond a reasonable doubt. There are several possible reasons for this, not all of which depend on the evidence presented in trial.

Like a not-guilty verdict, an acquittal provides double jeopardy protection for the person accused of the crime.

Innocence Is Not Necessary

It’s important to remember that criminal trials are not used to determine innocence. In fact, no one is found innocent at the end of a trial. Instead, prosecutors are required to prove guilt beyond a reasonable doubt. Conversely, criminal defense attorneys work to prevent a finding of guilt beyond a reasonable doubt.

Having the charges dismissed, getting a not guilty verdict or receiving an acquittal are not the same as being declared innocent. While you might want the court to state your innocence, that’s not one of the possible outcomes.

Protect Your Rights With a Strong Texas Criminal Defense Lawyer

Lee & Wood, GP, offers the skilled, dedicated Texas criminal defense you deserve. Our experienced team can protect your rights while taking the mystery out of the criminal justice system. Call us at 817-678-6771 or contact us online to discuss your case.

How Do Plea Deals Work in Texas?

Plea bargaining is essential for the functioning of the criminal justice system. In Texas, as in other jurisdictions, there simply aren’t enough resources to handle every felony criminal accusation with a full trial by jury. Plea deals help avoid trials, though they come at a cost for defendants and prosecutors.

A Basic Plea Bargain Situation

Defendant X is charged with assault under Texas law. Based on a prior incident and the circumstances of the most recent arrest, the prosecutor charges the Defendant with a felony of the second degree. Then, the prosecutor offers to change the charge to a lesser offense if Defendant X agrees to plead guilty.

A guilty plea saves the prosecutor the difficulty, expense and uncertainty of a full trial. Defendant X benefits from the lighter penalties associated with the reduced charge. Both sides get something they want, and fewer resources are expended to reach the final result.

The Undeniable Pressure of the Bargaining Process

Nearly everything about the criminal justice system is intimidating for someone accused of a crime. Law enforcement, prosecutors, judges and courtrooms are usually unfamiliar for people outside of the legal profession. For these reasons, plea bargaining calls for the assistance of an experienced criminal defense attorney.

It’s difficult, if not impossible, to judge the merits of a plea deal without extensive experience. You need to balance the value of the offer against your chances of getting an even better outcome if your case goes to trial.

Important Things to Know When Considering a Plea Deal

When you’re facing the possibility of months or years behind bars, making the right decision is vital. Your lawyer can help you through the pressure by providing the information you need. Many times, you will accept a plea deal. Here are two things to know about accepting it.

You Won’t Have the Option of Being Acquitted

If the evidence is on your side, agreeing to a conviction for a lesser offense is still an undesirable outcome. A finding of not guilty or a total dismissal of the charges is the perfect result. Agreeing to a plea deal closes that option.

The Deal is Not Final Until the Court Accepts It

Prosecutors can make you an offer of reduced charges. They can offer to make a recommendation to the court of a lesser sentence. But they cannot force the court to accept their offer. The court has the power to reject any deal reached between the prosecution and the defendant.

The Most Common Path to Conviction

In federal criminal cases, the vast majority of cases end in a plea bargain. The pressure to accept a deal is overwhelming in most cases. Some people consider this state of affairs to be unjust. Fair or not, this is the reality. You need a skilled attorney to protect your rights.

At Lee & Wood, GP, our Texas criminal defense team has extensive knowledge of the law and court system. We can handle even the most complex felony cases. If you have been arrested or charged with a crime, call us at 817-678-6771 or contact us online today.

Factors That Can Affect the Length of Criminal Sentences

Sometimes, sentences in one case can be wildly different than other, similar cases. Prosecutors sometimes have wide leeway to determine the strength and length of the sentences handed down.

Aggressive prosecution and lengthy sentences make it all the more important to always have a strong defense. If you’re charged with a crime, you’ll need an experienced criminal defense attorney on your side.

Factors Affecting Sentencing

There are many factors that can affect the kind of sentence you get, and not just what the crime is:

  1. The jurisdiction in charge of prosecuting. (For example, Smith County takes a particularly harsh approach to credit card fraud. There have been several criminal sentences spanning decades for crimes like credit card skimming.)
  2. The history of the person convicted. People with more arrests and convictions on their record often receive longer sentences.
  3. The circumstances around the crime. For example, some crimes include aggravating factors, such as whether or not a weapon was involved.

Financial Crimes Versus Violent Crimes

Typically, things like financial crimes have more lenient sentences than violent crimes. Financial and other white collar crimes are subject to sentencing guidelines which provide the range of potential penalties for these offenses.

Some advocates believe that financial crime should not lead to extended prison stays. Others argue that the sentence should match the harm done, and some financial crimes have the power to harm hundreds or thousands of people.

Violent crimes like assault are different in several ways. They’re often done on a smaller, more personal scale than financial crimes. The crime and the harm done are easier to explain to a jury. Attitudes toward violent crime may be more fixed and uniform because people feel they understand these crimes.

Because of that, violent crimes tend to be prosecuted harshly. If you’re accused of a crime, you need a strong defense.

Crafting Your Defense

Criminal defense is not a one-size-fits-all endeavor. The right defense in one case might be very different from the right defense in the next, even if they involve the same criminal charge. Things like jurisdiction can matter as much or more than the actions that led to the charges in the first place.

Your lawyer needs to have the experience, skill and knowledge to take all factors into account. The outcome of your case is not set in stone. Your defense matters, and so does the defense attorney you choose to help you.

Contact Our Knowledgeable Defense Team Today

Every criminal case is important. The outcome of your case can change your life in ways you can’t imagine. At Lee & Wood, GP, our Texas criminal defense attorneys will take your case seriously. We work hard to protect every client to the best of our ability. Contact us today at 817-678-6771 to discuss your criminal defense needs.