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<channel>
	<title>Texas Criminal Defense Lawyers</title>
	<atom:link href="http://www.mytexasdefenselawyer.com/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.mytexasdefenselawyer.com</link>
	<description>Texas Criminal Defense Lawyers help you fight criminal charges in Texas courts.</description>
	<lastBuildDate>Fri, 12 Feb 2010 19:26:42 +0000</lastBuildDate>
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		<title>East Texas Church Arsons Mount</title>
		<link>http://www.mytexasdefenselawyer.com/2010/02/12/texas-church-arsons/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/02/12/texas-church-arsons/#comments</comments>
		<pubDate>Fri, 12 Feb 2010 19:26:42 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[arson]]></category>
		<category><![CDATA[property damage]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=240</guid>
		<description><![CDATA[The number of churches burned in suspected arsons in East Texas now stands at ten since New Year’s Day. While officials aren’t sure of the motive or if they all involve the same arsonist(s), they do know that the crimes have local congregations in fear.
Covered by local and national news, investigated by local and federal [...]]]></description>
			<content:encoded><![CDATA[<p>The number of churches burned in suspected arsons in East Texas now stands at ten since New Year’s Day. While officials aren’t sure of the motive or if they all involve the same arsonist(s), they do know that the crimes have local congregations in fear.<span id="more-240"></span></p>
<p>Covered by local and national news, investigated by local and federal authorities, the string of church fires has left many unanswered questions. According to the <a href="http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-churchfires_05met.ART.State.Edition2.4b92b85.html">Dallas Morning News</a>, the fires don’t seem to be racially motivated as the churches involved have racially diverse congregations. It doesn’t seem to have religious motives as those churches are of various denominations as well.</p>
<p>Officials have considered the arsons may be a way of covering up another crime, though according to <a href="http://www.usatoday.com/news/nation/2010-02-10-church-fires-texas_N.htm">USA Today</a>, little if anything has been stolen from the structures.</p>
<p>No one has been injured, which is good for the arsonist, should they ever be caught. Although arson is the most serious property crime, it carries a far more serious penalty if someone is hurt in the fire. In most cases, however, the arsonist is not caught. Also, if caught, they stand a far greater chance of being found not guilty.</p>
<p>Building an <a href="../../../../../texas-criminal-laws-penalties/criminal-mischief-arson/">arson case</a> is difficult simply because the evidence is often lost in the fire. Other property crimes like criminal mischief and <a href="../../../../../texas-criminal-laws-penalties/criminal-mischief-arson/">graffiti</a> are easier for the prosecution to prove.</p>
<p>When facing charges like <a href="../../../../../texas-criminal-laws-penalties/criminal-mischief-arson/">criminal mischief</a> and knowing that the prosecution has evidence to get a conviction, stress can mount as you consider spending time behind bars and paying off large fines. Having a <a href="../../../../../">defense attorney</a> as your advocate can put your mind at rest.</p>
<p>I can’t get all of my defendants off; no attorney can. I can, however, guarantee that I will do my best to ensure you get the best results possible in court. As your attorney, it would be my job to ensure your rights are being protected at every stage of the game.</p>
<p><a href="../../../../../">Contact me today</a> to discuss the details of your case and for some valuable legal advice.</p>
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		<title>Texas Attorney General on &#8220;Sexting&#8221;</title>
		<link>http://www.mytexasdefenselawyer.com/2010/02/03/texas-attorney-general-on-sexting/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/02/03/texas-attorney-general-on-sexting/#comments</comments>
		<pubDate>Wed, 03 Feb 2010 19:14:13 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[sex offenses]]></category>
		<category><![CDATA[sexting]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=237</guid>
		<description><![CDATA[Texas Attorney General Greg Abbott takes a hard line on teen &#8220;sexting&#8221;, and warns teens of felony charges and jail time.
Via the Texas Tribune, Abbott suggests jail time is a serious risk of prosecution for a  felony offense of child pornography charges, even among consenting teens. Possession of explicit, nude or semi-nude pictures of your [...]]]></description>
			<content:encoded><![CDATA[<p>Texas Attorney General Greg Abbott takes a hard line on teen &#8220;sexting&#8221;, and warns teens of felony charges and jail time.<span id="more-237"></span></p>
<p>Via the <a href="http://www.texastribune.org/blogs/post/2010/feb/01/tribblog-send-sext-go-jail/">Texas Tribune</a>, Abbott suggests jail time is a serious risk of prosecution for a  felony offense of child pornography charges, even among consenting teens. Possession of explicit, nude or semi-nude pictures of your teen girlfriend is a huge risk.</p>
<p>If you are convicted of a <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/sex-offenses/">sex offense</a> in Texas, you will also face the prospect of ending up in a federal registry as a sex offender.</p>
<p>While sexting is not behavior that should be encouraged, most people can understand the difference between teenagers acting stupidly and adults exchanging underage pornography. Yet the law as written in Texas makes no such distinction.</p>
<p>One would hope that reasonable prosecutors would use discretion in these matters, but until the laws are reformed to reflect the reality that virtually every teen in America has 1) raging hormones, and 2) a cell phone with a camera, these kinds of cases can result in very serious criminal charges and life changing penalties.</p>
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		<title>Accused Con-man Faces Fraud Charges in Texas, California, and New York</title>
		<link>http://www.mytexasdefenselawyer.com/2010/01/28/fraud-charges-texas-california-new-york/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/01/28/fraud-charges-texas-california-new-york/#comments</comments>
		<pubDate>Thu, 28 Jan 2010 14:17:42 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[fraud]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=234</guid>
		<description><![CDATA[Forty six year old Michael Manos sits in a San Francisco jail today waiting an extradition hearing to return him to New York. At some point this man will be returning to Dallas where he will faces for charging over $70,000 in unauthorized purchases to a local restaurant owner. According to the Dallas Morning News, [...]]]></description>
			<content:encoded><![CDATA[<p>Forty six year old Michael Manos sits in a San Francisco jail today waiting an extradition hearing to return him to New York. At some point this man will be returning to Dallas where he will faces for charging over $70,000 in unauthorized purchases to a local restaurant owner. According to the <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/DN-glaamscam_27met.ART.State.Edition1.4bcc4a4.html">Dallas Morning News</a>, this jet setting wannabe star has spent years changing identities and residences.<span id="more-234"></span></p>
<p>Using the name Michael De Medici he was a reality TV promoter in New York. IN Atlanta he allegedly played the part of a real estate investor. In Dallas he called himself Mladen Mordan Stefanov and claimed he was a Greek “trust fund baby.”</p>
<p>Using the Stefanov identity, Manos befriended Bella Bar and Restaurant owners stating he was going to get them involved in reality TV. Owner Robert Petrie allegedly gave his credit card to Manos to prep for a charity party to be thrown at the restaurant. Upon receiving his credit card statement, Petrie realized that Manos had apparently racked up over $70,000 in charges and gained access to his bank account.</p>
<p>Once his business in California and New York are taken care of, Manos is facing charges of felony credit card abuse in Dallas. <a href="../../../../../texas-criminal-laws-penalties/fraud/">Texas fraud charges</a> can be confusing and until the charges are actually filed in this particular case, we cannot be certain how many years Manos will be facing.</p>
<p>Although <a href="../../../../../texas-criminal-laws-penalties/fraud/">fraud cases</a> are rarely this complex and far reaching, people taking advantage of others for financial gain isn’t so rare. Often, crimes like this are committed by people in dire financial situations who don’t realize the risks associated with getting caught.</p>
<p>Once <a href="../../../../../texas-criminal-court-procedures/">arrested</a> and placed before the judge, reality sets in and regret typically follows.</p>
<p>If you are accused of fraud or any other criminal financial charge, we may be able to help. Knowing the <a href="../../../../../texas-criminal-court-procedures/">local courts</a> and how the Texas justice system works can be a real benefit.</p>
<p>If you are in need of a high energy, aggressive attorney to fight for your rights in court, <a href="../../../../../">contact us immediately.</a></p>
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		<title>Supreme Court Ruling Affects Texas Corruption Case</title>
		<link>http://www.mytexasdefenselawyer.com/2010/01/26/supreme-court-ruling-affects-texas-corruption-case/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/01/26/supreme-court-ruling-affects-texas-corruption-case/#comments</comments>
		<pubDate>Tue, 26 Jan 2010 14:43:05 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[criminal procedure]]></category>
		<category><![CDATA[supreme court]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=232</guid>
		<description><![CDATA[The U.S. Supreme Court ruled last week that judges must do everything possible to keep criminal trials open to the public; this includes during voire dire, or jury selection. A case underway in Dallas at the time of the high court’s ruling was ruled a mistrial because the judge had previously held voire dire behind [...]]]></description>
			<content:encoded><![CDATA[<p>The U.S. Supreme Court ruled last week that judges must do everything possible to keep criminal trials open to the public; this includes during voire dire, or jury selection. A case underway in Dallas at the time of the high court’s ruling was ruled a mistrial because the judge had previously held voire dire behind closed doors.<span id="more-232"></span></p>
<p>Under the Constitution, defendants in a criminal case are entitled to a <a href="../../../../../texas-criminal-court-procedures/">public trial</a>. Having <a href="../../../../../texas-criminal-court-procedures/">criminal cases</a> open to the public encourages transparency and a sense of checks and balances.</p>
<p>The Supreme Court’s decision in Presley vs. Georgia involved a case where the defendant’s family was asked to leave the courtroom during jury selection. The opinion now states that the public must be permitted unless there are overriding safety concerns or other significant reasons not to.</p>
<p>The Dallas case underway is the City Hall corruption case that has been going on for quite some time. A new jury selection will take place as the first one was done without public presence according to the <a href="http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/DN-fbicityhall_21met.ART.East.Edition1.4bb7b1a.html">Dallas Morning News</a>.</p>
<p>The Constitution and the justice system are set up to protect the rights of the accused. Because of this, there are numerous rules, laws, and procedures that must be followed in order to ensure a defendant receives a fair trial and treatment within the system.</p>
<p>From before the arrest to sentencing, there are many complex regulations in place to keep a criminal case on track. Although this is all set up in your, the accused, interest, it doesn’t always feel that way. When you are the one facing criminal charges, it most often feels like no one is on your side.</p>
<p>Whether you are facing <a href="../../../../../texas-criminal-laws-penalties/fraud/">white collar crimes</a>, like those in the corruption case, or a small time <a href="../../../../../texas-criminal-laws-penalties/drug-possession/">drug charge</a>, it can feel like everyone in the Texas court system is out to get you.</p>
<p>This is exactly why having a trusted <a href="../../../../../">defense attorney</a> is so crucial when you are facing criminal charges. When up against <a href="../../../../../texas-criminal-laws-penalties/dwi-laws/">DWI</a> or <a href="../../../../../texas-criminal-laws-penalties/assault/">assault</a> charges, you want to be confident in the attorney you have chosen to represent you. <a href="../../../../../">Contact me today</a> to discuss the details of your case and the possible defense strategies that we could use.</p>
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		<title>Identity Theft Fastest Growing Crime in Texas?</title>
		<link>http://www.mytexasdefenselawyer.com/2010/01/18/identity-theft-fastest-growing-crime-in-texas/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/01/18/identity-theft-fastest-growing-crime-in-texas/#comments</comments>
		<pubDate>Mon, 18 Jan 2010 14:06:18 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[fraud]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=230</guid>
		<description><![CDATA[According to the Midland Police Department it is. Sergeant Alfredo Grimaldo hosted a meeting about identity theft and protecting yourself against fraud at the Petroleum Museum this past week.
Identity theft has changed over the years, as this report from the Midland Reporter-Telegram states. While it was once primarily saved for people whose wallets were stolen, [...]]]></description>
			<content:encoded><![CDATA[<p>According to the Midland Police Department it is. Sergeant Alfredo Grimaldo hosted a meeting about identity theft and protecting yourself against fraud at the Petroleum Museum this past week.<span id="more-230"></span></p>
<p>Identity theft has changed over the years, as this report from the <a href="http://www.mywesttexas.com/articles/2010/01/14/news/top_stories/mpd_addresses_identity_theft.txt">Midland Reporter-Telegram</a> states. While it was once primarily saved for people whose wallets were stolen, now many people lose money and good credit standing without ever being the victim of a physical theft.</p>
<p><a href="../../../../../texas-criminal-laws-penalties/fraud/">Identity theft</a> is defined as using the personal identification information of another to receive financial benefit. This could happen by someone getting your credit card number, bank accounts, or opening new accounts under your name without your knowledge.</p>
<p>In many cases the public’s naivety is taken advantage of savvy criminals seeking a big payoff. Using job opportunities and shopping deals to get account information is a fairly common way for people to get your information.</p>
<p>Most larger police departments have <a href="../../../../../texas-criminal-laws-penalties/fraud/">white collar crime</a> units that are specifically tasked with uncovering crimes like identity theft and fraud. These units see cases like this daily and work to ensure the public is aware of the risks that are present.</p>
<p>These offenses are called white collar crimes because of the population that has stereotypically been found to be committing them. Crimes like these are often committed by intelligent, professional individuals.</p>
<p>If you have been accused of a <a href="../../../../../texas-criminal-laws-penalties/">crime</a> like this you are more than likely shocked that you got caught. Typically, I find that people who have participated in these offenses carefully weighed their risks beforehand. Unfortunately, if you are facing charges now, you may have underestimated the risk.</p>
<p><a href="../../../../../texas-criminal-laws-penalties/fraud/">Fraud charges</a> and charges of <a href="../../../../../texas-criminal-laws-penalties/fraud/">identity theft</a> are very serious. You may be facing several years in prison for a scheme that didn’t pay off like you thought it would. Now you need an advocate in your corner, someone who will look out for your best interests. I can be that advocate.</p>
<p><a href="../../../../../">Contact me today</a> if you are facing charges like these. I am interested in hearing the details of your case and working with you to get the best results possible.</p>
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		<title>Dallas Dealers Stealing Electricity</title>
		<link>http://www.mytexasdefenselawyer.com/2010/01/04/dallas-dealers-stealing-electricity/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/01/04/dallas-dealers-stealing-electricity/#comments</comments>
		<pubDate>Mon, 04 Jan 2010 22:08:25 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[Drugs]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=228</guid>
		<description><![CDATA[Al convicted criminals make mistakes that lead them to be caught and prosecuted. But one would think that if you are running a significant criminal operation, you&#8217;d be careful some simple details that would lead you to be noticed by the police.  However, that doesn&#8217;t appear to be the case in many illegal drug operations [...]]]></description>
			<content:encoded><![CDATA[<p>Al convicted criminals make mistakes that lead them to be caught and prosecuted. But one would think that if you are running a significant criminal operation, you&#8217;d be careful some simple details that would lead you to be noticed by the police.  However, that doesn&#8217;t appear to be the case in many illegal drug operations in Texas.<span id="more-228"></span></p>
<p>In this report from the <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/122909dnmetdrughouses.3f2e343.html">Dallas Morning News</a>, it has become apparent that <a href="../../../../../texas-criminal-laws-penalties/drug-delivery/">drug distribution</a> and electricity <a href="../../../../../texas-criminal-laws-penalties/theft/">theft</a> are often connected. Paying less than $100 for an illegal hookup can save a household thousands of dollars but can also be a red flag to police that something more serious is going on in a home.</p>
<p>Sergeant Bill Griffith of the Dallas P.D. states “Almost every drug house we go to, the electric box has been tampered with and they’re stealing electricity.”</p>
<p>The <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/122909dnmetdrughouses.3f2e343.html">Dallas News</a> report reveals that in the United States the cost of <a href="../../../../../texas-criminal-laws-penalties/theft/">electricity theft</a> is an estimated $6 billion annually. This is a clear sign that utility theft is more common than many people think.</p>
<p>Utility theft doesn’t get the same media coverage as <a href="../../../../../texas-criminal-laws-penalties/drug-delivery/">drug sales</a>, for instance, so this connection between drug homes and electricity theft is bringing the common crime to light.</p>
<p>When the police find a home with illegal utilities hooked up, that can be one piece that allows them to get a warrant into the home. Once inside, they have been known to find evidence of drug sales and usage. In a home recently searched, however, all they found was evidence of recent <a href="../../../../../texas-criminal-laws-penalties/drug-possession/">meth use</a>.</p>
<p>Certainly not all utility thefts are connected to drug sales and not all recreational or serious drug users steal electricity. It is, however, sometimes connected and definitely a connection that the police are aware of.</p>
<p>Depending on the circumstances of the case and the potential for damaged city property, theft of electricity or other utilities could be charged as <a href="../../../../../texas-criminal-laws-penalties/criminal-mischief-arson/">criminal mischief</a> or <a href="../../../../../texas-criminal-laws-penalties/theft/">theft.</a> With either of these criminal charges, the classification of the charge depends on the value of the theft and the damage to property. Even stolen cable can result in felony charges.</p>
<p>Being arrested for something like <a href="../../../../../texas-criminal-laws-penalties/theft/">utilities theft</a> can be embarrassing and quite stressful. Not many people consider the potential consequences when they decide to try and get over on the utility companies.</p>
<p>When facing these types of charges in the Texas criminal courts, a <a href="../../../../../">defense attorney</a> with local experience can prove valuable. <a href="../../../../../">Contact me</a> today to tell me about your case. I would love the opportunity to assist you in getting the best possible results in court.</p>
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		<title>Houston D.A. Employee Faces Elevated Theft Charges</title>
		<link>http://www.mytexasdefenselawyer.com/2009/12/21/houston-d-a-employee-faces-elevated-theft-charges/</link>
		<comments>http://www.mytexasdefenselawyer.com/2009/12/21/houston-d-a-employee-faces-elevated-theft-charges/#comments</comments>
		<pubDate>Mon, 21 Dec 2009 23:00:33 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=226</guid>
		<description><![CDATA[There are further developments in a case we told you about a few months back. A former receptionist in the Victim’s Rights department of the District Attorney’s office is now facing far more serious charges than initially suspected.
Eloise Mirales and her husband Daniel Mirales were reportedly arrested just this week on embezzlement charges. The duo [...]]]></description>
			<content:encoded><![CDATA[<p>There are further developments in a case we told you about a <a href="../../../../../2009/08/26/harris-county-da%E2%80%99s-employee-theft-charges/#more-167">few months back</a>. A former receptionist in the Victim’s Rights department of the District Attorney’s office is now facing far more serious charges than initially suspected.<span id="more-226"></span></p>
<p>Eloise Mirales and her husband Daniel Mirales were reportedly arrested just this week on <a href="../../../../../texas-criminal-laws-penalties/embezzlement/">embezzlement</a> charges. The duo allegedly stole from the Victim’s Rights Division where Mrs. Mirales worked for 16 years. This Division assists victims of crime and also accepts and distributes restitution from defendants in criminal cases.</p>
<p>Though she was initially charged with <a href="../../../../../texas-criminal-laws-penalties/embezzlement/">embezzling</a> more than $1,000, the figure is now up to $232,000. Her husband stands accused of <a href="../../../../../texas-criminal-laws-penalties/theft/">theft</a> over $100,000 for his assistance in the scheme.</p>
<p>Their vehicles were impounded and a lien was placed on their Brady Street Houston home as the case works its way through the legal system. Both parties are looking at an extended stay with the Texas Department of Corrections if things don’t go their way.</p>
<p>In <a href="../../../../../texas-criminal-laws-penalties/theft/">theft</a> and <a href="../../../../../texas-criminal-laws-penalties/embezzlement/">embezzlement</a> cases, the charge you face and the potential penalty depend on the value of the goods that were alleged to have been stolen. In Mrs. Mirales’ case, she will face a 1<sup>st</sup> degree felony and a potential 5 to 99 years in prison.</p>
<p>Mr. Mirales, accused of stealing $100,000 will face a slightly less serious 2<sup>nd</sup> degree felony charge and 2 to 20 years in prison. Both will likely pay fines as well as restitution of their own. In addition, because their property was likely purchased with the stolen money, they will lose it if convicted.</p>
<p>Facing charges like these can be quite frightening. When the Mirales’ were taking the money they probably didn’t think they would eventually get caught. White collar crimes, like embezzlement are often seen as “easy money” and often committed by professional individuals.</p>
<p>If you are facing <a href="../../../../../texas-criminal-laws-penalties/theft/">theft</a> charges or stand accused of a white collar crime like <a href="../../../../../texas-criminal-laws-penalties/embezzlement/">embezzlement</a> or <a href="../../../../../texas-criminal-laws-penalties/fraud/">fraud</a>, <a href="../../../../../">contact me today</a>. I am ready to discuss your case and talk to you about how I may be able to help.</p>
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		<title>Are Dallas Officials Underreporting Assaults?</title>
		<link>http://www.mytexasdefenselawyer.com/2009/12/17/dallas-police-underreporting-assaults/</link>
		<comments>http://www.mytexasdefenselawyer.com/2009/12/17/dallas-police-underreporting-assaults/#comments</comments>
		<pubDate>Thu, 17 Dec 2009 20:36:55 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[assault]]></category>
		<category><![CDATA[criminal law]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=222</guid>
		<description><![CDATA[In police work, as with most things, it is what gets measured is what gets the most attention. So police departments know if certain crimes are under reported, their stats can look better. If serious crimes get reported or tracked as lesser offenses, it can create a false impression.In this piece from the Dallas Morning [...]]]></description>
			<content:encoded><![CDATA[<p>In police work, as with most things, it is what gets measured is what gets the most attention. So police departments know if certain crimes are under reported, their stats can look better. If serious crimes get reported or tracked as lesser offenses, it can create a false impression.<span id="more-222"></span>In <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/121509dnmetcrimestats.4122364.html">this piece</a> from the Dallas Morning News, a practice of Dallas police officials is being called into question and it all has to do with how they are defining “<a href="../../../../../texas-criminal-laws-penalties/assault/">aggravated assault</a>.</p>
<p>The UCR is a report compiled by the FBI every year. This report is extensive and includes data from cities and towns across the nation. It is one of the primary sources of crime data.</p>
<p>Each year cities submit their stats to the FBI for compilation in the UCR. They must tell the FBI how many robberies were reported, how many rapes were reported, and so forth. For assaults, the FBI requires that only those designated as “aggravated” be reported.</p>
<p>Although the term “<a href="../../../../../texas-criminal-laws-penalties/assault/">aggravated assault</a>” can mean different things from state to state, communities are to defer to the FBI’s definition when determining the statistics to send for the UCR. Herein lies the problem.</p>
<p>The FBI defines an aggravated assault as one which causes serious injury <em>or</em> one that involves the use of a weapon that <em>could potentially</em> cause serious injury. That is different than the definition that Dallas officials are using. Dallas police are only reporting those that result in serious injury, despite the use of a weapon.</p>
<p>This means, for instance, if a victim is beaten with a steel pipe but the act doesn’t result in injuries that the officials would call “serious” they are not reporting to the FBI. The issue with this? Everyone else is.</p>
<p>Dallas can claim a drop in assaults when looking solely at the UCR simply because they haven’t consistently reported crimes the way they are intended to be reported and some people are up in arms over this.</p>
<p>Basically, the Dallas police are using the Texas state definitions of <a href="../../../../../texas-criminal-laws-penalties/assault/">aggravated assault</a> to determine what to submit. How the state defines an “aggravated” or “simple” assault for the basis of criminal prosecution, unfortunately, should be kept completely separate from how they determine what to send in to the FBI.</p>
<p>Criminal definitions are determined by state statute. If you are facing charges like <a href="../../../../../texas-criminal-laws-penalties/assault/">assault</a> in the state of Texas, you need an <a href="../../../../../">attorney</a> looking out for your best interest. <a href="../../../../../">Contact me today</a> to discuss the case against you and how I might be able to help.</p>
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		<title>Harris County DA Reduces Charge for Residual Crack</title>
		<link>http://www.mytexasdefenselawyer.com/2009/12/14/harris-county-da-reduces-charge-for-residual-crack/</link>
		<comments>http://www.mytexasdefenselawyer.com/2009/12/14/harris-county-da-reduces-charge-for-residual-crack/#comments</comments>
		<pubDate>Mon, 14 Dec 2009 18:53:54 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[Drugs]]></category>
		<category><![CDATA[criminal law]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=220</guid>
		<description><![CDATA[In a surprising move, the Houston, TX District Attorney&#8217;s office is instructing  prosecutors to lessen criminal charges filed for possession of a crank pipe.
Starting immediately, the Harris County District Attorney will no longer consider possession of a crack pipe containing residue as a State Felony. Now, the offense is ticketable and classified as a Class [...]]]></description>
			<content:encoded><![CDATA[<p>In a surprising move, the Houston, TX District Attorney&#8217;s office is instructing  prosecutors to lessen criminal charges filed for possession of a crank pipe.<span id="more-220"></span></p>
<p>Starting immediately, the Harris County District Attorney will no longer consider <a href="../../../../../texas-criminal-laws-penalties/drug-possession/">possession of a crack pipe</a> containing residue as a State Felony. Now, the offense is ticketable and classified as a <a href="../../../../../texas-criminal-laws-penalties/">Class C misdemeanor.</a></p>
<p>In a move that has backing from defense attorneys, the new procedure isn’t making everyone happy. According to the <a href="http://www.chron.com/disp/story.mpl/metropolitan/6760384.html">Houston Chronicle</a>, President of the Houston Police Officer’s Union Gary Blankinship states “A crack pipe is not used for anything but smoking crack by a crack head. Crack heads, by and large, are also thieved and burglars…” He states that the change makes it difficult for police officers making cases against thieves.</p>
<p>Blankinship’s remarks are interesting though lack some basic legal foundation. The bottom line is you cannot punish a thief for stealing unless you have evidence that a theft has been committed. Stating you can somehow get thieves and burglars off the street by punishing people found with less than one-hundredth of a gram of crack cocaine simply doesn’t make sense.</p>
<p>This new change allows the legal system to focus on crimes that truly impact the community. Not to imply addiction doesn’t have an impact but when valuable court time and states resources are used to punish fairly minor, non violent crime, it takes the attention away from the offenses that need greater focus.</p>
<p>Now, if you are caught with a crack pipe or device for smoking pipe and it has a small residue, you will face a maximum fine of $500. Prior to the change you could face up to 2 years in prison and $10,000 in fines for what is called a <a href="../../../../../texas-criminal-laws-penalties/">state felony</a> charge.</p>
<p>The small residue we are speaking about here must be less than one-hundredth of a gram. To put that in perspective, the <a href="http://www.chron.com/disp/story.mpl/metropolitan/6760384.html">Chronicle</a> states that this amount is relatively the same weight as a half a grain of rice.</p>
<p>If you are facing <a href="../../../../../texas-criminal-laws-penalties/drug-possession/">drug charges</a> in this area, you know first hand how police will seek to assist the DA in building a case against you. This is exactly why you need an advocate looking out for your rights.</p>
<p>If you need assistance in fighting the criminal charges against you, I can help. Contact me to discuss the specifics of your drug case and together we can formulate a plan.</p>
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		<title>Elderly Houston Man Charged With Assault</title>
		<link>http://www.mytexasdefenselawyer.com/2009/11/27/elderly-houston-man-charged-with-assault/</link>
		<comments>http://www.mytexasdefenselawyer.com/2009/11/27/elderly-houston-man-charged-with-assault/#comments</comments>
		<pubDate>Fri, 27 Nov 2009 19:39:52 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=218</guid>
		<description><![CDATA[Caught trying to steal scrap metal, 67 year old man allegedly reacted violently, resisting arrest and supposedly assaulting an off duty police officer.
The police officer, who works as a security guard, witnessed the man, Wilbert Lee Cunningham entering a work yard and beginning to steal scrap metal. When the officer approached Cunningham, he came at [...]]]></description>
			<content:encoded><![CDATA[<p>Caught trying to steal scrap metal, 67 year old man allegedly reacted violently, resisting arrest and supposedly <a href="../../../../../texas-criminal-laws-penalties/assault/">assaulting</a> an off duty police officer.<span id="more-218"></span></p>
<p>The police officer, who works as a security guard, witnessed the man, Wilbert Lee Cunningham entering a work yard and beginning to steal scrap metal. When the officer approached Cunningham, he came at the officer with his vehicle.</p>
<p>This isn’t the first time Cunningham has been caught stealing from this location. In fact, according to <a href="http://www.myfoxhouston.com/dpp/news/local/091123-wilbert-lee-cunningham-arrest">My Fox Houston</a>, he has a “history of scrap metal thefts at the same address.”</p>
<p>When Cunningham drove towards the officer, the off duty cop fired his duty weapon towards the vehicle. The suspect supposedly hit the officer before coming to a stop and struggling outside the car.</p>
<p>Cunningham has been charged with <a href="../../../../../texas-criminal-laws-penalties/assault/">aggravated assault of a police officer</a>. It isn’t clear if he has already or will potentially face charges for attempted burglary.</p>
<p>Because of the seriousness of this charge, Cunningham is likely facing <a href="../../../../../texas-criminal-laws-penalties/">1<sup>st</sup> degree felony</a> charges, which carry a potential sentence of 5 years to life in prison. More common than aggravated assault is the charge of <a href="../../../../../texas-criminal-laws-penalties/assault/">simple assault</a>.</p>
<p>Simple assault is the charge that applies to situations where bodily injury is caused, a threat is made, or unwanted physical contact is made. This fairly common assault charge is a <a href="../../../../../texas-criminal-laws-penalties/">misdemeanor</a>, punishable by up to 1 year in jail and fines.</p>
<p><a href="../../../../../texas-criminal-laws-penalties/assault/">Assaults</a> can occur between strangers or between family members, as in the case of domestic assaults. If you are facing assault charges and looking for help, I may be able to provide assistance.</p>
<p>I will look at all the evidence in your case, ensuring no rock has been unturned. When facing charges of this magnitude, you want to be confident that you have made the right choice in <a href="../../../../../">defense attorney</a>.</p>
<p><a href="../../../../../">Contact our Texas attorneys</a> to discuss the details of your case today.</p>
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