All posts by Lee and Wood

Guns and Alcohol: Does Having a Weapon in the Car Matter During a DWI?

In 2021, Texas law changed to allow people to carry a handgun in many public places without a license. Still, many Texans take the time to obtain a license to carry (LTC), as there are situations where the license is beneficial.

Whether you have a license or not, if you have a firearm in the car while driving under the influence, you are likely to face serious criminal charges. Here’s why.

From One Crime to Two

When it comes to a concealed weapon, behavior that would be legal in one situation can be illegal in another.

Your right to carry that weapon is dependent on you not committing another crime at the same time. So when it comes to drunk driving, your previously legal right to carry a firearm becomes a crime because you’re armed while committing the crime of driving while intoxicated.

Basically, if you’re carrying a gun in Texas, you cannot commit any criminal offense. If you do, the possession of the gun becomes an offense in itself. Instead of one crime, you’ll be facing charges for two offenses. Either way, you need a strong criminal defense lawyer.

A Sharp Increase in Potential Criminal Penalties

The charge for carrying a concealed weapon while committing the DWI will likely be a Class A misdemeanor. The penalties, if you’re found guilty, can include up to a year in jail and a hefty fine. That’s roughly twice the punishment typically handed out for a first-time drunk driving conviction.

In addition to the jail time and fines, you can face the loss of your LTC for a minimum of five years. Similarly, DWI convictions can lead to loss of driving privileges. With all of these possible punishments, it’s hard to overestimate how important it is to defend your rights with a strong defense.

The Importance of a Strong DWI Defense

In these cases, the unlawful carrying of a weapon charge is based on the drunk driving violation. That means if you’re not guilty of driving while intoxicated, you’re also not guilty of unlawfully carrying a weapon. While every DWI defense is important, the presence of a weapon places added weight on your defense.

For both the DWI and the weapon charge, you may have a defense based on an illegal search. There are strict rules about when and how law enforcement can conduct a search. If the evidence needed to convict you was obtained in violation of those rules, it can be thrown out.

You Need Experienced Criminal Defense Lawyers

After an arrest for DWI with a concealed weapon, you should contact a Texas criminal defense lawyer as soon as possible.

At Lee & Wood, GP, our attorneys have extensive experience defending clients in Texas criminal courts. We can help you understand your options and craft a strong defense to protect your rights. Call us at 817-678-6771 or send us a message to schedule a free consultation.

Texas Assault Charges: Misdemeanor or Felony?

The word “assault” can be used to describe many different situations. The full legal definition, under Texas law, is long and complicated.

One important thing to understand is that assault charges can be either a misdemeanor or a felony. Felony charges can lead to harsher punishments, including prison sentences of a year or longer. The many circumstances of the situation can all affect which way the charges go.

Let’s dive into the details on what assault is and what makes an offense a misdemeanor versus a felony.

The Basics of Assault

There are three types of behavior that form the basis of assault charges in Texas. A person commits assault if they:

  • Intentionally, knowingly or recklessly cause bodily injury to another.
  • Intentionally or knowingly threaten another with imminent bodily injury.
  • Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Assault does not require physical contact between the perpetrator and the victim. Even threats can lead to assault charges, including felony assault charges, under certain circumstances.

Misdemeanor Assault

Misdemeanors are considered less serious than felonies, but that doesn’t mean you can afford to take a misdemeanor charge lightly. A Class A misdemeanor in Texas can be punished by up to one year in county jail, a fine of up to $4,000 or both.

If you’re charged with misdemeanor assault, you need to speak to an experienced criminal defense attorney as soon as possible. One possible defense is mutual combat, such as when both parties consented to a fight.

Every criminal case is unique. Still, what you’d consider an ordinary assault case, where some degree of bodily injury occurred, can lead to Class A misdemeanor charges. This can be anything from a bar fight or domestic dispute to elder abuse or a road rage incident.

Felony Assault

The difference between misdemeanor assault and felony assault depends on the severity of the harm, the identity of the victim, the past behavior of the person accused and other elements involved in the assault. The evidence used in the charge should affect this as well.

Assaults against family members can be charged as felonies. In addition, assaults against public servants discharging their official duties can be charged as felonies.

In many cases, the difference between a misdemeanor charge and a felony charge is how much damage is done. An assault that leads to some degree of bodily injury may be ruled a misdemeanor. However, an assault leading to serious bodily injury is likely to be ruled as felony aggravated assault.

Another element that raises a misdemeanor to a felony is the use or exhibition of a deadly weapon during the assault. Repeat offenders can also be charged with felony assault under circumstances that would otherwise lead to misdemeanor charges

Contact a Texas Assault Attorney Today

At Lee & Wood, GP, our lawyers have extensive experience defending people against assault charges in Texas courts. Call our firm today at 817-678-6771 or Contact us today to get started.

TPWD Is Collecting Anonymous Tips of Wildlife Crimes

Earlier this year, Texas Parks and Wildlife proudly announced that a new tipline was in place, making it easier to report suspicious activity or violations. It’s now easier than ever to anonymously accuse someone of wildlife crime. But is that progress?

TPWD Is Collecting Tips and Reports of Illegal Activity

Texas Parks and Wildlife Department (TPWD) is encouraging people to report suspicious activity by texting TIP411. People can also use the free Operation Game Thief App to make reports and submit photos or videos. The State even offers a bounty: Rewards of up to $1,000 are available for tips that result in a conviction.

Harsh Penalties for Wildlife Crimes

While tipline callers are offered a bounty, the accused—even if innocent—may face financial ruin. Common wildlife crimes cover several sporting areas:

Depending on the circumstances, such violations can lead to jail time as well as fines or restitution to the state. If you’re convicted, it may also mean the suspension of or loss of your license and sometimes forfeiture of equipment.

It’s Easier Than Ever To Accuse Someone of a Crime

Being fined, arrested or charged with a crime is stressful at best and life-ruining at worst. Civil or criminal charges are a serious matter requiring time, attention and resources to address properly.

It’s important to consider the implications of soliciting anonymous tips and evidence from the public at large. This may be particularly true when fake images are far more accessible than they once were.

Can Anonymous Tips Be Used in Court?

Luckily, in general, it’s not possible to use an anonymous accusation in a criminal trial. That said, a tip that leads to an independent investigation finding the accusation to be true gets around the problem.

After an anonymous tip, TPWD law enforcement officials can run an independent investigation that corroborates the information in the tip. That evidence would likely be admissible in court.

Anonymous tips, as well as any other evidence presented, must be dealt with carefully and correctly by your defense team.

Countering the prosecution’s evidence and presenting your own is the heart of an effective defense. We know how to present your side of the story in court. That can make a tremendous difference in penalties, such as fines and restitution, as well as help you keep your right to hunt and fish in the future.

Contact a Federal Wildlife Violations Lawyer for a Strong Defense

At Lee & Wood, GP, you get the benefit of an experienced wildlife violations defense attorney who is also an avid hunter. You get to talk to an attorney who understands the law and the real-life circumstances hunters face. Call 817-678-6771 or contact us online to discuss your situation.

Denying Bail: Proposition 3 Passes in Texas

Bail has become a contentious subject in the criminal justice world. Figuring out the proper way to treat someone who is accused of a serious crime, but has not yet been tried or found guilty, is a complex issue.

Texas voters have tackled the issue by approving a change to the State Constitution. If you’ve been accused of a serious crime, this change could affect your time between arrest and trial.

Proposition 3 to Amend the Texas Constitution

Proponents of Proposition 3 say that there are circumstances under which bail should always be denied, regardless of the opinions of judges. The measure, passed in November 2025, lists specific charges whereby an accused person might not be eligible for bail. The list includes violent and sexual offenses, including:

Luckily, if you’re arrested on one of these charges, the measure does not eliminate the possibility of bail altogether. Denying bail happens only under specific circumstances.

For example, bail would be denied if a hearing found, by a preponderance of the evidence, that you (the person arrested) would likely not willfully appear in court. It would also be denied if the hearing found that, by clear and convincing evidence, you were a danger to the community or the victim.

A strong defense can help you tackle these hearings and avoid these kinds of findings.

Without Proposition 3, judges and magistrates had discretion to deny or allow bail for these serious cases. Supporters say the measure was needed to combat activist or corrupt judges granting bail in situations where it isn’t appropriate. However, denying bail could lead to innocent people being in prison.

The Legal Presumption of Innocence

There is a crucial difference between being accused of a crime and being guilty of that crime. Since all people are considered innocent until proven guilty, punishing someone who has not had the chance to present a strong defense is not right.

Bail is one method intended to deal with the thorny issue of pretrial detention . It’s generally understood that innocent people should not be locked up.

High bail is not meant as a punishment. The goal is to provide an incentive for someone facing criminal accusations to show up for the legal proceedings. Bail money goes back to the defendant after the trial. You show up, or you lose the money.

The issue is not one-sided, however. There are cases where prosecutors will say it seems likely that you, the accused, would commit more violence if released. There are also cases where they would say you are likely to flee rather than return to court to face a trial.

Before Proposition 3 passed, this would be a situation where a high bail amount would be set. With Proposition 3 in place, you may be denied bail altogether.

The Importance of an Aggressive Defense

Every criminal charge should be taken seriously. The crimes covered under Prop 3 are felonies, and the potential penalties levied after a conviction are severe. Anyone facing charges of this kind needs a strong and experienced criminal defense attorney.

At Lee & Wood, GP, our Texas defense lawyers have the skill to defend clients facing even the most serious criminal charges. The sooner you talk to an attorney, the better your chances are of preserving your rights. Call 817-678-6771 or contact us online to schedule a consultation.

 

Link to “Pretrial Detention: When Can You Go Home While Waiting for Trial?” when published.

Public Intoxication in Law and in Practice

It’s not unusual for someone charged with public intoxication to be confused about why the police got involved. Few, if any, Texas criminal laws are as broadly written as the law against public intoxication. Believe it or not, virtually anyone who’s had any alcohol at all could potentially be charged and suffer severe consequences.

What the Texas Public Intoxication Law Says

As with any criminal charge, it’s a good idea to speak to an experienced defense attorney to understand how the law applies to your case. A general understanding is helpful, but it’s no substitute for knowledgeable legal counsel.

Texas law has a simple definition for public intoxication. If you appear in a public place while intoxicated to the degree that you may endanger yourself or someone else, you could be arrested and found guilty of public intoxication. The issues with this law are grounded in the specifics.

The Definition of Intoxicated

The definition of intoxicated for the purposes of this law is “not having the normal use of mental or physical faculties by reason of the introduction of alcohol” or other drugs. Combinations of drugs or both drugs and alcohol are also included.

It can also mean having an alcohol concentration of 0.08 or more. However, it’s important to understand that you don’t have to be over the legal limit to be found guilty of public intoxication. Police can claim that your behavior indicated intoxication. They don’t have to test your blood alcohol content to support this charge.

What Being “A Danger” Entails

The law does require evidence that you were a danger to yourself or others.

Without a strong defense, making the case that you were a danger may be simple for a determined prosecutor. You could trip over your own feet and find yourself accused of staggering into traffic. This may seem far-fetched, but there are many innocent situations that have been the basis of public intoxication charges.

How Public Intoxication Laws Are Used in Practice

It’s obviously not the case that everyone who’s had any alcohol will face public intoxication charges. It’s not hard to find an intoxicated pedestrian in almost any campus or hot spot on a Friday or Saturday night. So why do some people get arrested and others are left alone?

Some suggest that public intoxication arrests are used as a form of crowd control. If you get in the way of the police, they can arrest you for public intoxication with very little evidence. Others suggest that it’s used to arrest people who annoy law enforcement, or even as an excuse to check someone for more serious criminal issues.

Unfortunately, a criminal charge is an incredibly high price to pay for irritating a police officer. Though it’s a misdemeanor, it still appears on your criminal record and can interfere with your ability to get a job or find housing.

Get the Legal Protection You Need

If you’ve been accused of public intoxication, you need an attorney. Call Lee & Wood at 817-678-6771 or contact us online to discuss your case.

Navigating Your Underage Child’s DUI

The Texas criminal justice system takes an unusually harsh stance when it comes to underage crimes. Juvenile DUI cases are no exception.

We know you want to do everything possible to get help for your child and to see them get through this. If your child has been arrested for drunk driving, you need an experienced criminal defense attorney as soon as possible.

Zero Tolerance for Underage Drinking and Driving

In general, drivers who are of age must have a blood alcohol content (BAC) of 0.08 or higher to be convicted of driving drunk. That is not true for minors.

The Texas zero-tolerance law means any amount of alcohol is enough to support a juvenile DUI conviction. The legal limit for young drivers is 0.00.

Driver Age and BAC Can Affect The Penalties

While zero tolerance is the starting point, there is an additional consideration when it comes to the age of your child and their BAC.

Drivers between 18 and 20 who are pulled over for drinking and driving with a blood or breath alcohol concentration of 0.08 or higher face harsher penalties. This could be the difference between facing community service and facing jail time.

What Parents Can Do

Few people would like to be judged by the worst mistakes they made when they were young. Juvenile drinking and driving is a serious issue, but it shouldn’t dictate the rest of your child’s life. There are steps you can take as a parent to make the situation better. Here’s how to start:

  • Contact an experienced Texas criminal defense attorney. The attorney can help explain their rights and advocate for them through the legal proceedings.
  • Support your child through the stress and uncertainty of the legal process.
  • Help your child take accountability for the actions that led to this.
  • Seek help, including rehabilitation, substance abuse counseling or other recovery programs.

Obviously, you want your child to learn a lesson and to avoid similar situations in the future. But that does not mean you should let the system run its course. The best result is the one reached with a skilled and dedicated criminal defense attorney.

Related Legal Concerns

There may be legal implications surrounding how your child acquired the alcohol or drugs involved in their underage DUI case. Providing alcohol to someone underage is a serious offense. Depending on the circumstances, prosecutors can seek a substantial fine and up to one year in jail for the party responsible.

Call Lee & Wood for Serious Criminal Defense Representation

Speaking to a defense attorney as soon as possible after an arrest can make a tremendous difference. If your child has been arrested or charged with underage DUI, the time to act is now. Call Lee & Wood at 817-678-6771 or contact us online to get started on a strong defense for your child.

What are Child Grooming Charges in Texas?

As a response to increased reports of child trafficking, the Texas Legislature passed a law against child grooming in 2023. Grooming is the process where an adult builds a relationship, trust and emotional connection with a child in order to manipulate, exploit or sexually abuse them.

Texas takes the crime seriously, and the penalties for a conviction are harsh.

Texas Child Grooming Law

For a conviction of child grooming under Texas law, the prosecution must be able to establish that the defendant intended to commit a sexual offense. Grooming covers the actions taken in preparation of the sexual offense. That includes persuasion, inducement, enticement or coercion.

The victim in a child grooming situation must be under 18 years of age. The offense involved must fall under Texas laws against trafficking, sexual offenses or assaultive offenses.

Can a Minor Groom Another Minor?

There is an affirmative defense for situations where the person accused and the victim are both under 18, provided the age gap is small enough and the two are in a dating relationship or married at the time of the conduct.

It’s important to recognize that the affirmative defense requires the two minors to be in a dating relationship. It does not cover actions taken by a minor seeking to establish a dating relationship.

The Weight of an Accusation

As in the case of sex offenses, the impact of an accusation of child grooming is hard to overstate, often carrying lifelong consequences. This is particularly troublesome when you consider the behaviors that could be considered grooming if viewed in the wrong light.

Child grooming laws are intended, in part, to prevent sex offenses like assault from occurring in the first place. In a way, they’re intended to punish the behavior that comes before what was once the crime of record. That’s why the issue of intent is so important. An action that’s perfectly acceptable where there is no intent becomes criminal if there is intent.

Depending on the criminal history of the person accused, child grooming is considered either a third-degree felony or a second-degree felony.

A Loaded Term

Grooming has taken on a new meaning in recent years. It’s fair to suggest that from one person to the next, there might be a very different understanding of what the word means. That kind of misunderstanding or disagreement can have a significant impact when it comes to criminal prosecution.

Contact a Skilled Texas Criminal Defense Attorney

At Lee & Wood, GP, our team understands the intricacies of Texas law. We have extensive experience defending both adults and young people against a range of criminal charges. To speak to one of our knowledgeable lawyers, call us at 817-678-6771 to schedule a consultation.

What Is Racketeering in Texas?

If you’ve watched crime dramas or read about high-profile federal cases, you’ve probably come across the term “racketeering.” But what does it really mean, and how does it apply in the real world? What would it mean to be charged with racketeering in Texas?

No matter what the situation is, these charges call for the services of an experienced criminal defense attorney.

More Than a Movie Plot Crime

Racketeering is one of the most serious and misunderstood criminal allegations a person can face. The term is often associated with organized crime, but the legal definition under both federal and Texas law is broader than most people realize.

The Basics of Racketeering

Racketeering refers to the act of operating an illegal business or scheme to make a profit, often through coercion, fraud or violence. It became widely recognized under the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, passed by Congress in 1970.

The RICO Act was designed to combat organized crime. It allows prosecutors to go after patterns of criminal behavior carried out by individuals as part of a larger enterprise. These enterprises, or “rackets,” can be anything from street gangs and motorcycle clubs to legitimate-looking businesses used as fronts for illegal activities.

The Elements of Racketeering

To bring a RICO charge, the government must show:

  • A criminal enterprise exists.
  • The defendant was associated with or employed by that enterprise.
  • There was a pattern of racketeering activity, meaning at least two acts of qualifying crimes, called “predicate offenses,” within a 10-year period.
  • The acts were related to the operation of the enterprise.

Predicate offenses include a wide range of crimes, including bribery, extortion, money laundering, drug trafficking and wire fraud. In certain circumstances, they can include murder or kidnapping.

Racketeering in Texas

While RICO is a federal statute, Texas has its own racketeering laws. Texas racketeering law targets individuals who commit crimes as part of a criminal combination or criminal street gang.

Sentencing enhancements can apply. For example, if someone is accused of theft, but it’s shown that they did it in coordination with a criminal group, prosecutors can elevate the charges and seek much harsher penalties.

Why Should You Care About Racketeering?

While racketeering charges are meant to combat organized crime, the definition of organized crime is wider than some may think. An “enterprise” in Texas, for example, can simply mean a “group of individuals associated in fact.” To law enforcement, that could mean you and your friends.

Prosecutors and law enforcement want to get convictions. They may charge you with racketeering in an effort to have you plead guilty to lesser charges. A good lawyer will see through this tactic and provide a robust defense.

Racketeering Charges Are Serious

RICO and organized crime charges carry the potential for long prison sentences, asset forfeiture and devastating reputational damage. Even being investigated for racketeering can cause significant personal and financial stress.

These cases are often built over months or even years, using surveillance, wiretaps, and confidential informants. Prosecutors may attempt to charge as many people as possible, hoping some will cooperate.

That’s why it’s critical to have an experienced criminal defense attorney on your side. Your attorney will understand both federal and Texas law and can challenge the government’s narrative at every turn.

At Lee & Wood, GP, our Texas criminal defense lawyers help defend against accusations of all types. If you have been arrested or charged with racketeering or a related offense, call us at 817-678-6771 or contact us for a consultation.

Right To Remain Silent: When To Speak to Officers in Texas

Your right to remain silent plays a significant role when it comes to interacting with police, but it’s not quite the whole picture. When can you assert that right? Is it always the best strategy? What about situations where you aren’t under threat of arrest?

Your criminal defense attorney can handle these issues once you’ve chosen one. Until then, what should you do?

Silence Is Better Than Lying

Saying nothing is specifically protected in many instances. Saying something untrue is not protected. It’s always better to stay silent than to say something that isn’t true!

When you choose silence as your response, be consistent. Remain silent. Wait until you’ve had a chance to speak with your lawyer to make any statement at all.

Situations Where You Have To Speak

This is a tricky area. Texas law includes a Failure to Identify (Section 38.02) law that requires someone who has been lawfully arrested to provide their name, address or date of birth when requested by a peace officer.

It also makes it a crime to give a false answer to those questions if you’ve been lawfully detained. The same is true if the officer has good cause to believe you witnessed a crime.

There are also provisions regarding drivers. If you’re a driver who’s been detained for an alleged offense, such as a DWI, you must show the officer your license when requested. If you don’t or can’t, you must give your name, address, date of birth, or driver’s license number.

At a traffic stop, hand over your license and proof of insurance when asked. But don’t answer questions about your driving, your destination or anything else.

Violations of the Failure to Identify law are punishable as misdemeanors.

Be Polite in Silence or in Speech

Silence is your right and is almost always the right choice. But whether you remain silent or choose to speak, it’s best to be polite and calm around police officers.

Getting pulled over or arrested is incredibly stressful. It’s easy to be overwhelmed, angry, scared or frustrated. It’s important to try to stay calm and wait for your attorney to help you.

It’s also important to remember that even if the situation got away from you in the beginning, you can stop talking at any point. If you’ve made statements in anger or fear, you can still assert your right to remain silent once you’ve calmed down. The less you say without an attorney present, the better off you’ll be.

Police Can Lie to You

While you’re not allowed to lie to police, the reverse is not true. Police officers can lie about the evidence against you. They can lie about what they saw. They can lie about what will happen to you if you just start talking to them. When the police tell you you’ll be better off talking to them, that is not the truth.

Contact a Texas Criminal Defense Attorney Immediately

Exercise your right to remain silent. Wait until you’ve spoken to your attorney before making any statement to the police. Call Lee & Wood, GP today at 817-678-6771 or contact us online.

The Brady Rule And Disclosure Evidence

In criminal trials, both the prosecution team and the defense team will be looking for evidence to prove guilt or innocence. But what happens when the prosecutor finds evidence that the defendant is innocent? What is a prosecutor’s duty? If a prosecutor finds evidence that an accused person is innocent, what should they do with it?

Fortunately, there’s a rule governing this important situation. The Brady Rule requires prosecutors to disclose “exculpatory evidence,” which is evidence that may support the defendant’s innocence. Unfortunately, however, history shows that your defense attorney should not rely on this disclosure.

What Evidence Is Considered in the Brady Rule?

Not all evidence is considered Brady Material. The type of evidence covered by the Brady Rule is that which is “material to the issue,” which means it’s important to the case. The evidence must also be exculpatory, meaning it helps the defendant make their case.

Physical evidence, information gathered in depositions and many other types of evidence are all subject to the Brady Rule.

Violations of the Brady Rule

The Brady Rule is more often noted for its failures than for its successes. Violations of the Brady Rule have led to some famous results.

When exculpatory evidence is not turned over, as the law requires, the conviction should be reversed. Brady violations can lead to convictions being overturned, sometimes years or decades into an innocent person’s sentence.

While it is a fundamental principle of due process, Brady Rule enforcement is inconsistent. Violations are relatively common and are rarely sanctioned or corrected unless uncovered through appeals or independent investigations. Courts often defer to prosecutors’ discretion, and disciplinary action against those who withhold evidence is rare. Paired with a lack of accountability in policing, people accused of crimes are facing a prosecution that can seemingly do what it wants.

Though the Brady Rule is well-established in law, its practical enforcement often depends on the diligence of defense attorneys. Some have even suggested that the reputation and relationships forged by defense lawyers are key to preventing Brady violations in the first place.

Building a Strong Defense

While the law requires exculpatory evidence to be turned over, it’s not realistic to hope for the prosecutor to provide the key evidence that sets you free. An experienced criminal defense attorney will not rely on Brady material to build your defense.

If there is evidence to be found that will reduce or negate the charges against you, your attorney and hired investigators are most likely to find and present it. That’s one of many reasons to find and hire an experienced defense attorney.

Mistake or Intention

Some might argue that the current state of affairs regarding the Brady Rule is unacceptable. That may be the case, but it’s worth considering what’s actually driving the problem.

Prosecutors often carry substantial workloads and have limited resources to do their jobs. The system isn’t perfect, and mistakes happen that can help or hurt an accused person. Courts are unlikely to start punishing prosecutors in a way that makes the situation worse.

Contact a Texas Criminal Defense Attorney Now

At Lee & Wood, our attorneys have extensive criminal defense experience in Texas courtrooms. We can help you craft a strong defense designed to protect your rights, regardless of whether the prosecution plays nice. Call our offices today at 817-678-6771 or contact us online for a free consultation.