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Georgetown, Texas 78626
Criminal Defense blog topics are numerous on this site. Take a look around and read a few written by Eric Torberson.
Lawyers, like many people, are asked all the time about what it is that they do for work. The lawyer will answer, “I practice law.” But the inevitable next question will be “what kind of law do you practice?” The person asking…
Black’s Law Dictionary defines perjury as the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed…
Believe it or not, but any kind of animal cruelty was not a felony in Texas until 2001. It took Loco, a Dallas puppy, to be temporarily stolen and his eyes gouged out, to make some animal cruelty actions a…
There are several ways a dog can get in hot water. The law at the state level has statutes that cover Texas. Many municipalities have also made their own ordinances to punish dogs accused of scaring, attacking or biting people…
UPDATE!!! On March 28, 2022 the Texas Drone Law was ruled unconstitutional in the Western District of Texas in Austin, TX. “U.S. District Judge Robert Pitman struck down a Texas drone law (one of the most restrictive in the U.S.),…
Mailing drugs without a license is a federal offense. Sending drugs legally through the mail requires a license with the DEA. This is considered distribution of a controlled substance. To apply, a person or business must be of the following:…
A Texas Protective Order begins with an application. Under the Texas Code of Criminal Procedure Chapter 7A a victim, or parent or guardian of a victim younger than 17, who is the victim of continuous sexual abuse of a child,…
In Texas Possession of Drug Paraphernalia (PODP) is a class C misdemeanor punishable by up to a $500 fine. Delivery of Drug Paraphernalia or possession with intent to deliver is a class A misdemeanor. With a previous conviction the minimum jail…
In Phoenix, Az in 1963 Ernesto Miranda was asked to accompany police officers to the station to answer question about the kidnapping and rape of 18 year old Lois Ann Jameson. Miranda voluntarily went the station. He stood in a…
A possession of a drug charge requires a person to be in actual possession of a controlled substance. “Possession” is defined in the Texas Penal Code as actual care, custody, control, or management. This is the same for misdemeanor and…
Yes, an arrest is reported by the jail to the Texas Department of Public Safety records. Obviously charges have to be filed in order to be dismissed, which would happen at a later time after an arrest. Arrests, regardless of…
How Long Does a DWI Stay on Your Record In Texas? The short answer is forever. But I need to elaborate. The question should be more specific and ask “DWI Conviction” rather than “DWI”. A dwi conviction stays forever. A…
What is Invasive Visual Recording? A person without the other person’s consent invades the privacy of the other person by photographing or by videotaping or other electronic means records, broadcasts, or transmits a visual image of an intimate area of…
What is Jail Release? The jailing process begins with either a warrant or an on site arrest. A warrant is the result of a criminal charge from some previous time. An on site arrest is the result of on officer…
Yes, it is a felony in most cases. Felony charges will in include schedule 1 through 4 levels. Unless the controlled substance is a schedule 5. Then the prescription fraud is a Class A misdemeanor. Changing a Prescription This is…
What is Notice of Criminal Trespass Texas? Notice is a very important consideration when proving someone is trespassing. Notice of trespassing in Texas is defined as any one of the following-oral or written communication, fencing, signs, purple painted vertical lines,…
This question on whether a misdemeanor will affect a background check is too vague and needs to be more specific to answer accurately. So maybe the question should be this…. Will Dismissed Charges Affect Employment? The answer is maybe. At…
Will I lose My Drivers License With DUI or DWI? It is very possible that a Texas drivers license will be suspended after a DUI or DWI charge. DUI charged drivers, reserved for people under 21, are looking at a…
Assaults accusations at home are a common charge in Texas. Many times arguments are the result of a minor disagreement that gets blown out of proportion. Sometimes alcohol is involved, and believe it or not, it helps the situation more…