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Read Criminal and Law Blog Topics by Eric Torberson

Texas Street Racing

Racing on Highway is a crime defined in the Texas Transportation Code Chapter 545.420. It has the potential of serious punishment including jail time and fines. This means under specific circumstances a person could go to jail for 20 years and…

Interfering With Emergency Call

Usually this is an accusation is associated with other charges such as a Texas domestic violence charge known as assault family violence. It is known as Interference with a 911 call or Emergency Call for Assistance. Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR…

Robbery in Texas

What is Robbery? Robbery in Texas occurs when committing theft with intent to maintain control of the stolen property while intentionally, knowingly, or recklessly causing bodily injury to another. Robbery can also be intentionally or knowingly threatening or placing another…

Personal Bond in Texas

First of all “Bail” is security given by an accused to appear in the proper court because of an allegation. Bail includes a bail bond or a personal bond. The purpose is to secure the presence of an accused in…

Texas Castle Law

What is Castle Doctrine in Texas? Every state makes their own laws for people present within its borders. Not all state laws allow for the Castle Doctrine. In Texas. person’s home is their castle. A person can use deadly force…

Texas Marijuana Laws

As of 2020 possession of marijuana is still illegal in Texas. The following chart lays out the punishment range for the amount of possession of marijuana: Class B Misdemeanor 2 oz or less up to 6 months jail Class A…

San Antonio Noise Ordinance

What are the City of San Antonio Noise Ordinance Times? The San Antonio Noise Ordinance daytime/evening times are 6 a.m. to 10 p.m. Sunday through Thursday. On Friday and Saturday the time 6 a.m until 11 p.m. Conversely the “nighttime”…

Animal Cruelty

Animal Cruelty

Is there a Federal Law against animal cruelty? Yes as of 2019 there is finally a federal law against animal cruelty called the Pact Act. Preventing Animal Cruelty and Torture Act. The Pact Act passed the House on October 22,…

Arraignment

Arraignment to identify the accused and present the charge

What is arraignment? This the time where a person is informed of the charges against them in court. Once the judge reads the charges and identifies the person (defendant) he or she will plead either guilty or not guilty. Arraignment…

Is CBD Oil Legal?

Is CBD Oil Legal

Is CBD oil Legal? Yes if it has not more than .3 THC, Tetrahydrocannabinol. Tetrahydrocannabinol What is Tetrahydrocannabinol? It is THC. It is primary psychoactive chemical in Cannabis Sativa. Hemp is a strain of cannabis with a lower THC level…

Deed

Deed information by attorney Eric Torberson

What us a Deed? A deed is a written document that conveys legal and equitable title to real property from a grantor to a grantee. A deed is not effective unless the parties can be identified. The deed is required…

Preemption

Attorney Eric Torberson on Preemption

What is Preemption? Preemption occurs either when the federal government forestalls a state law or alternatively a state law overrules a local ordinance. When a law is already covered at a higher level the lower governmental entity cannot enact inconsistent…

CDL Alcohol Limit

CDL alcohol limit

What is the legal alcohol limit while driving a commercial motor vehicle? .04 is the legal limit according to the Federal Motor Carrier Safety Administration. It is interesting that an amount above zero is allowed. Many companies may have stricter…

Texas Noise Violation

Is There a Texas State Law Noise Ordinance? State law and an ordinance are 2 different things. The ordinances in a particular city are different than a law governed by the state statutes. Does a state law noise ORDINANCE exist?…

Aggravated Assault Texas

What is Aggravated Assault in Texas? This is a serious Texas crime that is punishable as a 1st or 2nd Degree Felony depending on the circumstances. The crime involves the commission of an assault that causes serious bodily injury to…

Texas Warrant Search

Texas Warrant Search

A Texas arrest warrant can be issued for several different reasons. If the police think a crime has been committed a detective will put together a description of evidence into a probable cause affidavit. It will then be used to…