Category Archives: Criminal Defense

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.

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.

A Shift in Attitude Toward Crime and Punishment

Criminal Defense, , , , , , , ,

Facing criminal charges is incredibly stressful. The criminal justice system is complicated and intimidating. Most charges carry the potential to seriously harm your future. Heavy fines, time behind bars and damage to your family, career and lifestyle are all possible outcomes of a criminal prosecution. One consequence that can come as a surprise is the attitudes of friends, neighbors and acquaintances. However, there is some evidence that those attitudes might be changing.

Punishment or Prevention

Appearing to be tough on crime is a common tactic used by politicians at election time. Showing mercy or concern for people accused of crime is not generally a good way to appeal to the public. For many decades, criminal penalties were increased and the number of people behind bars rose. The focus is on punishment, as anyone who is accused of a crime will discover.

If the focus was on prevention, more people would talk about making neighborhoods safe and prosperous, and fewer would talk about locking people up and throwing away the key.

A Survey Shows a Change Might Be Coming

A recent survey of potential voters suggests that a growing percentage of the population, particularly among young people, prefer solutions based on preventing crime, rather than just punishing it. The tough-on-crime crowd still has many proponents, but there may come a time when the population as a whole rejects so-called tough-on-crime policies that have failed to make the population healthier or safer.

Be Ready to Fight From the Beginning

A change might be coming, but it’s important to deal with the situation facing us now. If you’re charged with a crime, you can’t expect to be treated kindly by a system designed to punish you. Your rights and your future depend on the defense you can put forward in court. If you and your attorney are not prepared to fight, you’re putting yourself in a bad situation.

In some cases, a criminal accusation can be enough to cause you harm. Your reputation is at stake, and it can suffer needlessly even if you end up with a good result. You need a strong defense as soon as possible to minimize the consequences of your legal troubles. Acting quickly can help you in many cases, and it will never harm you. Speak to an experienced criminal defense attorney as soon as you realize you may be facing criminal charges.

Lee & Wood, LP Offers Strong Criminal Defense

If you’ve been arrested or charged with a crime, you need a skilled attorney. Call our Fort Worth lawyers today at 817-678-6771 to get started.

Vaping, THC and a New Texas Law Impacting Teenagers

Criminal Defense, , ,

In Texas, the rules on teenage vaping are simple: It’s illegal. Juveniles are not allowed to vape or smoke e-cigarettes at all, whether you’re talking nicotine or THC. And now, in addition to teenage vaping being a crime, a new Texas law will force students into alternative schools for vaping. In this article, our attorneys lay out the rules about vaping both THC and nicotine, plus we discuss the new law affecting students.

Vaping THC in Texas

Vaping THC is a felony in Texas, no matter how old you are. The law on this is Texas Health and Safety Code section 481.103. It makes it illegal to possess any amount of THC from sources other than the marijuana plant. These are the punishments for a THC possession conviction:

  • Under one gram: State jail felony; 6 months to 2 years in jail and fines up to $10,000.
  • 1-4 grams: Third-degree felony; 2 to 10 years in prison and fines up to $10,000.
  • 4-400 grams: Second-degree felony; 2 to 20 years in prison and fines up to $10,000.
  • More than 400 grams: First-degree felony; 5 to 99 years in prison and fines up to $50,000.

If the person is a juvenile, they will most likely be prosecuted in juvenile court, where these severe punishments will, thankfully, be off the table. Juveniles are more likely to be sentenced to drug counseling, probation, placement in a treatment facility or other non-prison options.

Vaping Nicotine in Texas

It’s illegal for anyone under age 21 to buy, possess or use a cigarette, e-cig or tobacco product. The one exception is military members: Active military members can buy and use tobacco starting at age 18.

Under Texas Health and Safety Code 161.252, people under 21 who use or possess tobacco, including in vape form, can be fined $100 and sentenced to community service. Remember, this law criminalizes vaping tobacco or nicotine, but that’s not the end of the list. It criminalizes chewing tobacco, cigars and anything else containing tobacco.

New Law Requires Alternative School for Teenage Vaping

As of September 1, 2023, any public school student found in possession of, using, selling or giving someone an e-cig/vape on school grounds or at a school-related event must be placed in the Disciplinary Alternative Education Program (DAEP).

The law, House Bill 114, requires temporary alternative schooling for any student caught with a vape/e-cigarette within 300 feet of school property. This is the penalty whether the vape contained THC or not. Essentially, this means vapes/e-cigs are now treated the same as bringing drugs or alcohol to school.

Facing Vaping Accusations? How Lee & Wood, LP Can Protect Your Child’s Future

If your child is accused of vaping, whether on school grounds or not, you should contact an experienced attorney right away. The defense lawyers of Lee & Wood, LP handle THC and juvenile law issues every day. We’ll fight to prevent a minor incident from haunting your child’s future.

Call our Fort Worth lawyers at 817-678-6771 or email us to set up a free consultation to discuss the situation.

The Bail Process in Texas: What You Need to Know

Criminal Defense, , , , ,

When a person is charged with a crime in Texas, the court schedules the trial date and the judge sets the bail amount. The defendant can either choose to stay in custody until the day of trial or pay bail.

Once the bail is paid (or “posted”) the defendant can leave custody and await their trial while free. But, if the bail isn’t posted, the defendant will most likely be held in custody until trial.

It’s important to know that bail isn’t always an option. Defendants are sometimes held without bail. Courts can also release some defendants on personal recognizance. “PR release” allows defendants to await their trial at home without posting any bail at all.

How Bail Amounts Are Set

In Texas, every court has a bond schedule that guides the judges on how to set bail, but judges and magistrates are free to adjust the amount depending on the case. The amount of bail depends on things like the charges being brought against the defendant and the court hearing the case.

Other factors can influence the amount too. Under relatively recent changes to Texas bail laws, judges are required to look at a person’s criminal history before setting bail.

Bail Bonds: How to Get Money for Bail

When it comes to bail, the defendant can either get a cash bail or bond bail. If the defendant has the cash, they simply pay the total amount to the court and get a release with a pending trial. They get this money back after they appear at trial. However, if they fail to appear, the court keeps the money.

If defendants can’t raise the cash, they then apply for something called a “bail bond.” The bail bond agent arranges how the defendant will get a bond bail from the bonds company. The defendant then signs an agreement with the bail bonds company in order to post the bail.

Bail bonds do cost money. In Texas, defendants usually pay about 10% of the total bail amount to the bail bonds company. The bonds company then pays the defendant’s bail. Accordingly, the company becomes responsible and assures the court that the defendant will appear at trial.

Get a Free Consultation With a Texas Criminal Defense Attorney

If you or someone you care about has been charged with a crime in Texas, get legal help as soon as possible. The attorneys of Lee & Wood have decades of experience defending people against a full range of criminal charges in Fort Worth, Weatherford, Granbury and all surrounding areas.

We can help guide you through the legal system and protect your rights at every step of the way. Call 817-678-6771 or email us today. We offer free initial consultations.

The Difference Between Misdemeanor and Felony Charges in Texas

Criminal Defense, , , , ,

When you’re facing criminal charges, it’s important to understand the severity of the situation.

In Texas, like other places in the United States, criminal charges can be divided into two main categories: misdemeanors and felonies. Both can have a significant impact on your life, but there are key differences that you should know about.

Texas Misdemeanor Charges are Considered Less Serious Than Felonies

Misdemeanor charges are considered less serious than felonies and often result in less severe penalties. There are many types of misdemeanor offenses, but here are a few examples:

In most cases, misdemeanor charges carry a maximum penalty of one year in jail and a fine.

One important thing to note is that misdemeanor charges may not always involve intent. You can sometimes be charged with a misdemeanor, even if you didn’t intend to commit a crime. For example, accidentally damaging someone else’s property can result in a misdemeanor charge for criminal mischief.

Misdemeanor charges are typically heard in a lower court, such as a municipal or district court. This means the trial process is generally less formal and less complicated than for felony charges.

Texas Felony Charges Can Carry Severe Penalties

Unlike misdemeanors, felony charges are much more serious and carry more severe penalties. Murder, rape, arson and robbery are generally felonies. The penalties for felony charges typically include a minimum of one year in prison and a significant fine. In some cases, the penalties may include life imprisonment or even the death penalty.

Unlike misdemeanor charges, felony charges almost always involve intent. This means that to be charged with a felony, you must knowingly commit a crime. Felony charges are typically heard in a higher court. The process can be more formal and complicated than for misdemeanor charges.

Defense Strategies for Texas Misdemeanors and Felonies

When facing misdemeanor charges in Texas, your criminal defense lawyer may show that the prosecution lacks sufficient evidence, negotiate a plea bargain, or show that you did not intend to commit a crime.

Felony charges need a different defense approach since they carry harsher penalties. Your attorney may challenge the prosecution’s credibility by arguing that there isn’t enough evidence or by presenting evidence that undermines the prosecution’s witnesses.

If you were coerced or forced to commit the crime, your lawyer may argue that you should not be held fully responsible for the offense.

Get a Free Consultation With a Texas Criminal Defense Lawyer

If you’re facing criminal charges, it’s important to speak with an experienced criminal defense attorney who can help you understand your rights. Whether you’re facing a misdemeanor or a felony charge, a qualified attorney can provide valuable guidance throughout the legal process.

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor and felony charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We’ll do everything we can to protect your rights. Call 817-678-6771 or email us today for a free initial consultation.