All posts by Lee and Wood

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.

Defending Against BUI Charges in Texas

Boating under the influence (BUI) is a serious offense in Texas, carrying penalties that can include fines, imprisonment, loss of boating privileges, and even the loss of a driver’s license.

If you find yourself facing BUI charges, it’s crucial to understand the unique legal landscape surrounding this offense and to engage an experienced criminal defense attorney to help protect your rights.

Understanding BUI Laws

In Texas, it’s illegal to operate a boat while under the influence of alcohol or drugs. The legal blood alcohol content (BAC) limit for boating is the same as for driving a motor vehicle: 0.08%.

However, you can still be charged with BUI even if your BAC is below this threshold if your ability to operate the boat is impaired.

Field Sobriety Tests on Water

Unlike DUI arrests, BUI arrests often come with unique challenges related to field sobriety testing on the water. The rocking motion of a boat can affect balance and coordination, and officers must account for these factors when conducting field sobriety tests.

An experienced BUI defense attorney can scrutinize the administration of these tests, looking for inconsistencies or irregularities that may weaken the prosecution’s case.

Chemical Testing

Law enforcement uses breath or blood tests to determine BAC levels in a BUI case. As with field sobriety tests, these tests must be administered according to specific guidelines.

If there were any irregularities in how the tests were conducted or the devices were calibrated, the results can be challenged in court.

Penalties and Consequences

BUI charges can lead to severe penalties, including:

  • Fines up to $2,000 for a first offense, with higher penalties for subsequent offenses
  • Jail time ranging from 72 hours to 180 days for a first offense, with longer sentences for repeat offenders
  • Loss of boating privileges
  • Potential impact on your driver’s license

These penalties underscore the importance of taking BUI charges seriously and seeking experienced legal representation.

Strategies for Defense

Defending against BUI charges requires an understanding of both boating laws and DUI defense strategies.

Here are some common defense approaches:

  • Challenging the stop: Was the initial stop by law enforcement lawful? If there was no reasonable suspicion to stop you, the case might be dismissed.
  • Examining the tests: As mentioned above, the administration of field sobriety tests and chemical tests can be scrutinized for mistakes or inconsistencies.
  • Exploring other explanations: Medical conditions, medications, or even the natural movement of the boat may have contributed to the appearance of impairment. These factors can be explored as part of the defense.

The Role of a Criminal Defense Attorney

A criminal defense attorney with experience in BUI cases can provide invaluable assistance. From the initial stages of the case through trial, an attorney can guide you through the complex legal process, work to protect your rights and seek the best possible outcome.

Choosing the Right Criminal Defense Attorney

Getting charged with a BUI is not something you should take lightly. Getting the guidance of a criminal defense lawyer is paramount.

If you want to learn more about the services we provide at Lee and Wood, GP, please call us today at 817-678-6771 or send us a message.

The Impact of False Domestic Violence Accusations

In the sphere of domestic relationships, domestic violence is a deeply troubling and unfortunately common issue. The laws surrounding domestic violence exist to protect victims and bring perpetrators to justice.

However, there is a side to this coin that often goes unaddressed. What is the impact of false domestic violence accusations?

False accusations can have devastating consequences on the accused, affecting their reputation, career, personal life, and even their legal standing.

If you are falsely accused of domestic violence, a criminal defense attorney will ensure that your rights are protected and help clear your name.

Personal and Professional Repercussions

Legal troubles are only the beginning if you’re falsely accused of domestic violence.

Those falsely accused of domestic violence can have immediate personal and professional fallout.

Friends and family may distance themselves, perhaps due to the stigma attached to the accusation or uncertainty about the truth.

Professionally, you may face suspension or termination, especially if you work in a field where background checks and moral character are paramount.

Legal Consequences

From a legal standpoint, a false accusation can lead to arrest, court appearances, and even a potential conviction if not appropriately handled.

If children are involved, a restraining order may limit your access to your home or children.

Even if the charges are dismissed or cleared, the legal costs and the toll on your personal life can be devastating.

Emotional Impact

It’s easy to focus on the legal, professional, and personal impact of being falsely accused of domestic violence.

However, The emotional strain of being falsely accused can be just as overwhelming. The feelings of betrayal, anger, confusion, and fear can have long-lasting effects on your mental health.

Support from a mental health professional, alongside legal counsel, may be necessary to help you navigate this challenging period.

The Role of the Criminal Defense Attorney

If you’re faced with a false domestic violence accusation, a skilled criminal defense attorney is essential.

An experienced attorney will understand the complexities of domestic violence laws and can:

  • Investigate the claim: Gathering evidence, interviewing witnesses, and establishing an accurate timeline are crucial to disproving a false accusation.
  • Navigate the legal system: The legal maze of domestic violence accusations requires a seasoned professional to guide the process, ensuring that all legal rights are protected.
  • Negotiate with prosecutors: If evidence suggests the accusation is false, an attorney can negotiate with prosecutors, possibly leading to dropped charges.
  • Represent you in court: If the case goes to trial, a criminal defense attorney will represent your interests, presenting the evidence and arguments needed to secure a just outcome.

Choosing the Right Criminal Defense Attorney

Going through a false domestic violence accusation is devastating. Your whole life is turned upside down in a blink of an eye.

You don’t have to go through it alone. The legal experts at Lee & Wood are here to help you navigate the legal process. We’ll stand by you and fight for your rights.

If you want to learn more about our services, please call us today at 817-678-6771 or send us a message for a confidential consultation with the Fort Worth lawyers at LEE AND WOOD, GP.

The Bail Process in Texas: What You Need to Know

When a person is charged with a crime in Texas, the court schedules the trial date and the judge sets the bail amount. The defendant can either choose to stay in custody until the day of trial or pay bail.

Once the bail is paid (or “posted”) the defendant can leave custody and await their trial while free. But, if the bail isn’t posted, the defendant will most likely be held in custody until trial.

It’s important to know that bail isn’t always an option. Defendants are sometimes held without bail. Courts can also release some defendants on personal recognizance. “PR release” allows defendants to await their trial at home without posting any bail at all.

How Bail Amounts Are Set

In Texas, every court has a bond schedule that guides the judges on how to set bail, but judges and magistrates are free to adjust the amount depending on the case. The amount of bail depends on things like the charges being brought against the defendant and the court hearing the case.

Other factors can influence the amount too. Under relatively recent changes to Texas bail laws, judges are required to look at a person’s criminal history before setting bail.

Bail Bonds: How to Get Money for Bail

When it comes to bail, the defendant can either get a cash bail or bond bail. If the defendant has the cash, they simply pay the total amount to the court and get a release with a pending trial. They get this money back after they appear at trial. However, if they fail to appear, the court keeps the money.

If defendants can’t raise the cash, they then apply for something called a “bail bond.” The bail bond agent arranges how the defendant will get a bond bail from the bonds company. The defendant then signs an agreement with the bail bonds company in order to post the bail.

Bail bonds do cost money. In Texas, defendants usually pay about 10% of the total bail amount to the bail bonds company. The bonds company then pays the defendant’s bail. Accordingly, the company becomes responsible and assures the court that the defendant will appear at trial.

Get a Free Consultation With a Texas Criminal Defense Attorney

If you or someone you care about has been charged with a crime in Texas, get legal help as soon as possible. The attorneys of Lee & Wood have decades of experience defending people against a full range of criminal charges in Fort Worth, Weatherford, Granbury and all surrounding areas.

We can help guide you through the legal system and protect your rights at every step of the way. Call 817-678-6771 or email us today. We offer free initial consultations.

The Difference Between Misdemeanor and Felony Charges in Texas

When you’re facing criminal charges, it’s important to understand the severity of the situation.

In Texas, like other places in the United States, criminal charges can be divided into two main categories: misdemeanors and felonies. Both can have a significant impact on your life, but there are key differences that you should know about.

Texas Misdemeanor Charges are Considered Less Serious Than Felonies

Misdemeanor charges are considered less serious than felonies and often result in less severe penalties. There are many types of misdemeanor offenses, but here are a few examples:

In most cases, misdemeanor charges carry a maximum penalty of one year in jail and a fine.

One important thing to note is that misdemeanor charges may not always involve intent. You can sometimes be charged with a misdemeanor, even if you didn’t intend to commit a crime. For example, accidentally damaging someone else’s property can result in a misdemeanor charge for criminal mischief.

Misdemeanor charges are typically heard in a lower court, such as a municipal or district court. This means the trial process is generally less formal and less complicated than for felony charges.

Texas Felony Charges Can Carry Severe Penalties

Unlike misdemeanors, felony charges are much more serious and carry more severe penalties. Murder, rape, arson and robbery are generally felonies. The penalties for felony charges typically include a minimum of one year in prison and a significant fine. In some cases, the penalties may include life imprisonment or even the death penalty.

Unlike misdemeanor charges, felony charges almost always involve intent. This means that to be charged with a felony, you must knowingly commit a crime. Felony charges are typically heard in a higher court. The process can be more formal and complicated than for misdemeanor charges.

Defense Strategies for Texas Misdemeanors and Felonies

When facing misdemeanor charges in Texas, your criminal defense lawyer may show that the prosecution lacks sufficient evidence, negotiate a plea bargain, or show that you did not intend to commit a crime.

Felony charges need a different defense approach since they carry harsher penalties. Your attorney may challenge the prosecution’s credibility by arguing that there isn’t enough evidence or by presenting evidence that undermines the prosecution’s witnesses.

If you were coerced or forced to commit the crime, your lawyer may argue that you should not be held fully responsible for the offense.

Get a Free Consultation With a Texas Criminal Defense Lawyer

If you’re facing criminal charges, it’s important to speak with an experienced criminal defense attorney who can help you understand your rights. Whether you’re facing a misdemeanor or a felony charge, a qualified attorney can provide valuable guidance throughout the legal process.

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor and felony charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We’ll do everything we can to protect your rights. Call 817-678-6771 or email us today for a free initial consultation.