Category Archives: Criminal Defense

Exoneration Numbers Highlight the Importance of Criminal Defense Attorneys

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The viewpoint that putting an innocent person in jail is worse than letting a guilty person go free helps shape criminal defense law. It might not be how the jury sees it, however. The number of wrongful convictions that were overturned in 2022 reached an all-time record. Every exoneration is proof that everyone, innocent or not, needs a strong criminal defense lawyer.

Exonerations Are too Rare to Be a Reliable Strategy

A criminal trial and, potentially, an appeal are generally the end of the line. The record number of exonerations set last year was still a meager 238 nationwide. Your best chance of a good result in the criminal justice system is to be found innocent in your initial trial.

As soon as you are arrested or charged, you need to speak to an attorney who understands criminal defense. Misdemeanors, felonies, and juvenile offenses should all be handled by an experienced legal team. You are far more likely to beat the charges by acting quickly than you are by hoping for an exoneration after your conviction.

Unreliable Evidence

According to the Innocence Project, most of the wrongful convictions they’ve helped overturn included eyewitness misidentification and the incorrect use of forensic science. While this type of evidence is not a part of all criminal cases, it’s worth considering that criminal courts can make mistakes.

In addition to evidence problems, the Innocence Project cites coerced pleas, misconduct by government officials, and inadequate defense as problems that can lead to a wrongful conviction. Importantly, each of these issues can be mitigated or even avoided by a skilled criminal defense attorney.

The Right to Remain Silent and Why You Should Use it

False confessions are another key factor in many exonerations. If you’ve never been through the criminal justice system, it might be easy to wonder why anyone would confess to a crime they didn’t commit. There are many reasons why false confessions occur, but most of them are the intentional result of police interrogation tactics. Investigators know how to pressure and even lie to people to get them to admit to wrongs they never committed.

A police interrogation is unlike anything people experience in their ordinary lives. False confessions are often secured after many, many hours of interrogation. People don’t understand what it’s like until they go through it. That’s why it’s always a good idea to remain silent when it comes to police questioning. Nothing you say will get the police on your side. They are only looking for ways to convict you. Saying nothing makes that much harder for them to do.

If You’re Facing Criminal Charges, Contact Us Now

Our Fort Worth criminal defense attorneys have the experience and skill you need. Getting through the criminal justice system takes careful guidance, hard work, and planning.

At Lee & Wood, LP, you will get a strong defense carefully tailored to your situation. The goal is to get the best possible result for you, whether through pretrial negotiations or in the courtroom. Call us to schedule a confidential consultation at 817-678-6771 or contact us online to get started as soon as possible.

What College Students Should Know About Public Intoxication

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What College Students Should Know About Public Intoxication in Texas

Being a college student often comes with late-night study sessions, eating cheap meals and making new friends. However, it can also come with parties that involve drinking in public. This can put you and others in danger, and lead to legal consequences if you’re charged with public intoxication.

What’s Defined as Public Intoxication in Texas?

Texas Penal Code, Section 49.02 states that intoxication means not having the normal use of your mental or physical faculties due to your having alcohol, a controlled substance, drugs, a combination of these substances or any other substance in your body. An alcohol concentration of 0.08 or more also qualifies as intoxication.

This penal code defines public intoxication this way: “A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Basically, if you were intoxicated, you were in a public place and you put your own safety or someone else’s at risk, you can be charged under this statute.

But what exactly does the term “public place” mean? Under Texas law, a public place is any location to which the public has access. This includes neighborhood streets, schools, hospitals, grocery stores, restaurants, public parks, office buildings and bars.

Is Public Intoxication a Crime in Texas?

In Texas, public intoxication is a Class C misdemeanor with a fine of up to $500, which applies to both people who are 21 and those below the legal drinking age. However, underage drinkers also have additional penalties due to Texas’ Zero Tolerance Law. These consequences include community service, a 30-day suspension of their driver’s license, and mandatory attendance of an alcohol awareness class.

Even though public intoxication is a misdemeanor, it should be taken seriously. The records of your arrest and case may be part of your permanent criminal record, which can in turn impact future opportunities, from your college admission to jobs you want in the future.

For instance, during the interview process for a job, you may have to disclose and explain your criminal case to an employer.

What Should I Do if I’m Charged With Public Intoxication?

Many college students are eager to move on from their public intoxication case, often representing themselves, pleading guilty and paying the fine as quickly as possible. However, doing so can result in a permanent criminal record.

When you’re charged, don’t plead guilty. Instead, reach out to a lawyer experienced in public intoxication cases. They can assess your case, provide you guidance and determine whether they can build you a defense.

Know Your Rights: Speak With an Attorney Experienced in Public Intoxication

If you’ve been charged with public intoxication, you don’t have to go it alone. At Lee & Wood, LP., we’re experienced in helping people understand their options and guiding them forward. For a confidential consultation with our Fort Worth attorneys, call us today at 817-678-6771 or send us a message.

When Do the Police Need a Warrant in Texas?

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A warrant is a written order issued by a judge that gives the police the authority to arrest someone or to perform an act that upholds the law. Warrants are powerful documents that are often required, but there are some key exceptions when the police don’t need them.

Types of Warrants

To know when the police need a warrant, it’s important to understand that there is more than one kind of warrant. These different types of warrants allow the police to take different types of action. Here are some key types:

  • Arrest warrants: These warrants empower the police to arrest someone who is accused of a crime. An arrest warrant must identify the person to be arrested and name the crime that they allegedly committed.
  • Search warrants: These warrants empower the police to search a place for evidence of a crime. The place could be your home, the place where you work, your vehicle or your personal belongings. A search warrant must clearly state the place to be searched and the items to be seized.
  • Bench warrants: If you are found to be in contempt of court, a judge may order a bench warrant. There are many reasons a person could be found to be in contempt, but one of the most common is failure to appear at a hearing. If a judge orders a bench warrant, it gives the police the power to immediately arrest you and bring you before the judge to resolve the matter.
  • Blue warrants: In Texas, blue warrants are issued if a parolee has violated parole. There are many reasons that this could have happened, from failure to obtain employment to missing a meeting with your parole officer. 

Exceptions to the Warrant Requirement Under Texas Law

Warrants are not needed in all situations. A common exception is for “exigent circumstances.” This means that a reasonable person would look at the circumstances and believe that quick action was needed to stop physical harm to the police or someone else, to stop the destruction of evidence, or to prevent the suspect from escaping.

Another common exception is for a pat-down search when the police have probable cause to believe that a person is carrying a weapon. In that case, a warrant is not needed for the officer to do a limited search looking for the weapon.

Talk With a Criminal Defense Attorney to Protect Your Rights

If you think your rights were violated by illegal search and seizure, talk to a lawyer about your options. Your lawyer can examine the facts of your case and take action if your rights were violated. For a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP, call 817-678-6771 or send us a message today.

What Happens if You Were Arrested, But Not Read Your Rights?

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What happens if the police don’t read you your rights? Can charges against you be dropped? As experienced criminal defense attorneys, these are questions we hear from our clients fairly often. People hope they may be able to reduce the consequences they face because the police failed to follow procedure.

Know Your Miranda Rights

Before you understand what happens when your rights aren’t read, it’s important to know what your rights are. Commonly called your Miranda rights, these rights originate from a landmark 1966 Supreme Court case called Arizona v. Miranda. In the case, a suspect was held and questioned by the police for two hours before confessing to crimes he did not commit.

The case changed criminal procedure in the United States. The procedural changes were written down in the form of a Miranda Warning, which summarizes your Fifth and Sixth Amendment Constitutional rights. The warning has become familiar to almost everyone who has ever watched a detective show:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights Are Only Required for Custodial Interrogation

Miranda v. Arizona changed criminal procedure by requiring the police to inform suspects of their rights. However, there are limits to this requirement. The police are only required to inform you of your rights “prior to interrogation” if your statement is to be used against you in court.

If the police were not interrogating you in custody—for example, if it was clear to you that you were free to go—then there was no requirement for them to read you your rights.

But even if you were not read your rights, those rights still exist. Even if the police don’t tell you that you can remain silent, it’s generally a good idea to exercise your right to remain silent other than to request an attorney.

A 2022 Ruling That Limits Miranda Lawsuits

Until fairly recently, some people who had their un-Mirandized statements used against them in court were able to file lawsuits under 42 U. S. C. §1983 for violation of their Constitutional rights.

In June 2022, the Supreme Court held that a violation of Miranda rights does not provide the basis for this kind of lawsuit. Still, whether you were read your rights can be an important factor in the outcome of your criminal matter. The best way to protect yourself is to talk with an attorney.

Talk With a Criminal Defense Lawyer to Protect Your Rights

If you think your rights were violated, talk to an attorney about your options. Call 817-678-6771 or send a message for a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP. 

Is it Legal to Hunt and Kill Nuisance Animals in Texas?

Criminal Attorney, Criminal Defense, Defense attorney, Wildlife crimes, Wildlife crimes attorney, Wildlife violations

For hunting enthusiasts, Texas is a great place to be, with several “no closed season” options for hunters. But does it include hunting and killing nuisance animals?

When owning land in Texas, it’s natural that you’ll come across nuisance animals. These are pesky critters and creatures that can wreak havoc on your land or are simply an irritation. So what can you legally do about the problem? Is killing or removing a nuisance animal a wildlife crime? Let’s find out what Texas law says in this helpful guide.

What Are “Nuisance Animals”?

Simply put, nuisance animals depredate or pose a threat to human health or safety. They may create a hazard for motorists or put housepets at risk. They may also trespass on property, make messes by tipping over garbage cans or destroy a lawn or garden.

There are many types of nuisance animals, including:

  • Raccoons
  • Foxes
  • Coyotes
  • Bobcat
  • Otter
  • Skunks
  • Badgers
  • Beavers
  • Mink
  • Muskrat

Texas Law on Fur-Bearing Nuisance Animals

According to Texas Parks & Wildlife, landowners or their agents may take nuisance fur-bearing animals in any number by any means and at any time on that person’s land. There’s no need for a hunting or trapping license.

If you’d prefer to capture and relocate the animal instead of killing it, you can do so. To capture and relocate, you need to get authorization from the Texas Parks & Wildlife Department and the owner of the property where the release will occur. 

You’ll also need to submit a monthly report on the number and kind of nuisance animals that you captured. Include the number, the location of the release site, and your name and address.

It’s important to know that no one except licensed trappers can take these animals or their pelts during their lawful open season and possession periods. It’s a crime (a Class C misdemeanor) to transport or sell live foxes, coyotes, or raccoons in Texas. It’s also a crime to take fur-bearing animals on land owned by someone else without that person’s consent. 

Why Is Knowing Texas Wildlife Law Important?

As a landowner, getting rid of nuisance animals is important. It will help keep your land pristine and help you avoid certain risks that these animals present. Knowing Texas wildlife law will help you do it safely and in the best interest of everyone. It will also protect you from potential legal issues.

If you kill and hunt nuisance animals incorrectly, you could run afoul of Texas hunting, fishing or wildlife laws. The consequences of a violation can be costly, including fines, loss of hunting licenses and even jail time.

Get Legal Assistance for Wildlife Crimes

Texas has an abundance of nuisance animals, and it can be difficult to know all the intricacies of wildlife law. The Fort Worth lawyers at Lee and Wood, LP. have extensive experience defending people against wildlife crimes, including those involving nuisance animals. If you have been accused of a wildlife crime or want to learn more, call us today at 817-678-6771  or send us a message for a confidential consultation.

Defending Yourself Against Assault Charges in Texas

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Assault charges can feel overwhelming and confusing. The actions usually arise in the heat of the moment, often involving alcohol and adrenaline. But, it is possible to overcome assault charges, especially if you were acting to protect yourself or someone else.

Self-Defense As Your Defense

Acting in self-defense is the most common way to beat assault charges in Texas. Under Texas law, a person isn’t guilty of assault when he or she acted in self-protection that was reasonable at the time.

To prove to the court that you were acting in self-defense, you must show several things:

  • There was a threat of harm
  • You had a real fear of harm
  • You did not harm or provoke anyone before the threat occurred
  • There was no chance of avoiding the situation

To use self-defense as your defense, your lawyer must also show the court that the amount of force used was “reasonable.” That means that you used the minimum amount of force necessary to fend off the attack—not more.

Protecting Another Person or Property

Protecting another person or property is also a defense to assault charges in Texas. Just like the court understands why you would resort to violence to protect yourself, the court allows a defense for protecting someone you care about.

Further, Texas’s Castle Doctrine/Stand Your Ground law says that a person may use “reasonable force” when protecting their home or vehicle. The law gives you the right to stand your ground against a home invader instead of having to retreat.

Consent to the Assault

In certain situations, consent can also be used as a defense to assault charges. This is especially true in sexual assault cases where the court tries to discern he-said, she-said situations. The alleged victim may have consented or appeared to consent to the encounter, only to decide later that it was actually an assault. 

Can Assault Charges Be Dropped?

Assault charges can also be dropped if the prosecutor does not have enough evidence to pursue them. That’s one of the reasons that it’s important to hire a lawyer as quickly as possible, even before charges are formally filed. 

Your attorney can start advocating for you from day one. By acting early, they may even be able to get charges dropped or help the prosecutor see why charges should never be filed at all.

Get a Strong Defense to Assault Charges

If you have been accused of assault, call 817-678-6771  or send us a message for a confidential consultation with the Fort Worth lawyers at Lee and Wood, LP. It’s important to get legal help as soon as possible after an arrest so that your attorneys can take immediate action to protect your rights, reputation and freedom.

When Teens Are Caught With THC Vape Pens

Criminal Defense, Drug Crime, THC Vape Pens

If you’re the parent of a teenager, you’re probably already aware of just how popular vape pens are. You may have seen other kids using them, but it can still come as a shock when your own is caught. 

The truth is, good kids can make mistakes, and the best way to protect your teen’s future is to talk with a well-qualified defense attorney. 

Vape Pens and Teenagers

When it comes to tobacco, teens can get in some pretty serious trouble. Texas law prohibits the purchase, possession, and use of vape pens (also called e-cigarettes) by people under 21 years old or 18 years old and in the military. Teens caught with vape pens for inhaling tobacco products can be fined up to $100.

Vape pens are also prohibited on school premises. If a teen is caught with a vape pen on their high school or college campus, they may also face additional, separate consequences, including being suspended or expelled and losing critical financial aid.

THC and Juvenile Drug Charges

The law is much more strict when it comes to THC. Adults caught with THC vape pens can be charged with a felony and face jail time of six months to two years. For teenagers, charges involving small amounts of drugs—like a vape pen with trace amounts of THC in it—are usually juvenile court matters.

However, sometimes teens can be tried as adults in these matters. This can happen if the teen is almost an adult, for example, if they are 17. It can also happen if the quantities involved are large or if there are other factors that make the situation more serious.

Teens caught with vape pens containing even small amounts of THC can face juvenile drug charges that result in consequences such as:

  • Fines up to $500
  • Probation
  • Educational course on substance abuse requirements
  • Rehabilitation or treatment requirements
  • Suspension or expulsion from school (if on school property)

If Your Teen Is in Trouble, Call Our Fort Worth Lawyers

Teens caught with THC can face serious consequences. It’s important to get legal help right away. The sooner you act, the more time your attorney has to take action in your teen’s case.

If your teenager has been accused of possessing a vape pen with THC in it, call 817-678-6771 for a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP. You can also send us a message.

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Can a Partner Drop Domestic Violence Charges in Texas?

Assault, Criminal Defense, Domestic Violence

Domestic violence charges often result from things that happened in the heat of the moment. An argument may have escalated until the neighbors reported the shouting to the police. Police may have mistaken an injury for a sign of domestic abuse. A household member may have made a report motivated by jealousy or anger, or to gain leverage in a family law proceeding.

Later the household member may want to drop their allegations. This is very common. In fact, it’s well documented that 80 to 90% of domestic violence victims recant their statements to police and investigators. 

What if a household member wants to take back what they said? Can a partner drop domestic violence charges in Texas?

About the Texas “No Drop” Policy

Texas has passed legislation to make sure that domestic violence charges are taken very seriously. Our state’s “no drop” policy means that, even if someone in your household wants to drop domestic violence charges, they do not have the power to do so on their own.

Domestic violence charges are brought by the prosecutor—not the alleged victim of domestic violence. Under Texas law, it’s the prosecutor’s decision whether to drop charges. Even if the alleged victim later changes their mind, they do not have the authority to drop charges on their own.

Instead, the prosecutor must be persuaded to drop the assault charges. It’s not impossible to accomplish, but it requires specific legal action and strategy.

Convincing a Prosecutor to Drop Domestic Violence Charges

Your partner or household member can’t decide to drop charges on their own, so your lawyer may need to emphasize other facts of your case. Each case is different, but a lawyer may emphasize a client’s lack of any past criminal record. They may also look to the facts of the case to help convince prosecutors that the charges need to be dropped.

Why Does Texas Have a “No Drop” Policy?

Our state’s “no drop” policy is tied to psychological research about the nature of abusive relationships. Abusive relationships often follow a cycle of gradual escalation of violence until a dramatic and significant episode. That episode is often followed by a period of calm during which the abuser tries to make it up to their partner.

Prosecutors are concerned that their clients will make statements directly after a violent episode, and then take them back when things are calm again—even though there’s likely to be a gradual escalation of violence in the future. 

Prosecutors are also concerned that abusive partners will pressure their victims into recanting out of fear. The state’s strict “no drop” policy is designed to protect against these situations.

Call Our Fort Worth Lawyers About Domestic Violence Charges

If someone in your household has made domestic violence allegations against you, call 817-678-6771 for a confidential consultation with the Fort Worth domestic violence defense lawyers at Lee and Wood, LP. 

We have extensive experience defending people against misdemeanor and felony assault charges. You may also send us a message.

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Warrantless Searches and Illegal Search and Seizure

Criminal Defense, Drug Crime, Illegal Search and Seizure, Warrantless Search

The 4th Amendment to the U.S. Constitution protects people from illegal search and seizure by the government. It protects your personal privacy and extends to the privacy of your home, your property, your car (to a lesser extent), and your place of business. 

Search and seizure protections apply when:

  • The police stop you and ask to search your purse, backpack, or luggage. 
  • The police knock on the door of your home or apartment and ask to enter. 
  • The police stop you when driving and then ask to search your car or trunk.

In most cases, if the police don’t have a warrant, they don’t have a right to enter or search but there are some exceptions. The “plain view” exception allows the police to arrest you if there is evidence of a crime in clear view – though they still can’t search further without a search warrant. 

Warrantless Search of a Car

There is a reduced expectation of privacy in a car. 

Police can search your car without a warrant if you give them consent to do so. When the police ask to search your vehicle, you can say NO. You don’t have to give them permission, but a lot of people do. 

Police can search your car without a warrant if they have probable cause to believe there was a crime. What would qualify as probable cause? 

  • Seeing drug paraphernalia on the seat or smelling marijuana in the car would be probable cause. 
  • If the officer walked up to the car and overheard passengers talking about hiding drugs or other evidence, that would do it. 
  • If the police have a drug-sniffing dog that signals the presence of drugs, that would be probable cause. 

In the context of an arrest, police can legally search a person and their vehicle for a weapon (the police are protecting themselves) or to preserve evidence. But this ‘search incident to arrest’ (SITA) principle only applies if the arrest itself is lawful. 

And you must have been ‘in control” of the vehicle at the time to justify the search. Were you standing 5 feet away? Were you already in the back seat of the police car? They don’t have a right to search it because you don’t have the ability to destroy evidence or threaten them with a weapon.

That doesn’t mean they won’t find evidence in your car. 

The police can legally search your car if you’ve been arrested, and your car is headed to the police impound lot. They must take an inventory of anything of value in the car to ensure that when your car is returned to you, it is returned with all your property intact. If that cursory search turns up evidence, it could be used against you IF the arrest was lawful. If you’ve been arrested after for a crime because of a warrantless search, talk to a lawyer at Lee and Wood right away. Evidence obtained from illegal police search and seizure is not admissible in court. Our criminal defense lawyers will talk with you about the circumstances of your arrest and your legal rights. Call the Fort Worth area criminal defense attorneys at 817-678-6771 or contact us online. 

Poaching Trophy-Sized Animals Brings Trophy-Sized Fines

Criminal Defense, Wildlife violations

In February of this year, a Montana man was sentenced to a lifetime ban on hunting in his state and every other state that is a member of the Interstate Wildlife Violator Compact (IWVC). That agreement allows member states to share information about poachers.

If you were denied a hunting or fishing license in one state because you failed to comply with wildlife conservation laws, you can be denied a license in every other member state. Texas is a member of the IWVC, as are 48 other states as of 2021.

What was the Montana man’s violation? 

Poaching

Poaching is the illegal shooting or taking of game from private property or a place where hunting is forbidden. In this case, the poacher illegally killed a trophy-sized moose. 

The headless carcass of the trophy-sized moose had been found on a public road, so its full size was known when tipsters later pointed a finger at the poacher. They reported that he had trophy-sized antlers in his possession.

While many states don’t differentiate between the size of animals when deciding on poaching fines and penalties, Texas and 10 other states use the Boone and Crockett scoring system. The higher the number the animal scores, the higher the potential fines and penalties. 

The Montana “Poach and Pay” program used the Boone and Crockett scoring system to rate the antlers and horns. 

Penalties for Hunting Violations

In Texas, if you are found guilty of poaching – or any other type of hunting violation – you can face fines of $25 to $4,000. Poaching can be charged as a misdemeanor or as a felony in Texas. It’s a felony if it involves the taking of a big game animal. Then the fines rise from $1,500 to $10,000. 

That’s not all. The Texas Parks and Wildlife Department can seek civil restitution to recover the value of that lost wildlife resource. The larger the animal, the larger your bill. 

At the end of the day, the Montana poacher was banned for life from hunting and trapping, received a 3-year suspension on his fishing privileges, a 5-year suspended prison sentence, and was ordered to pay $12,100 in fines and civil restitution. 

In Texas, he might also have to forfeit his hunting gear and the gun he used to poach wildlife. If you have had a run-in with a game warden or conservation officer and need advice about Texas hunting violations, call the Fort Worth criminal defense lawyers at Lee and Wood. We defend hunters and fishermen accused of wildlife violations. Call our law office at 817-678-6771 or contact us online.