Category Archives: Criminal Defense

Understanding the Legal Rights of Minors

Criminal Defense

As in many other states, 18 is the “age of majority” in Texas. That’s the age when people are considered to be adults. Before then, they’re considered to be “minors.” In Texas, a minor is a person who is under the age of 18 and has never been married or emancipated.

Age Affects Criminal Responsibility

In Texas, your age affects the punishment you’ll receive for any offense you’re convicted of. Criminal allegations against young offenders are filed as a petition in a court, and the petition states the age of the accused.

People who are between ages 10 and 15 are otherwise presumed incapable of committing an offense other than a juvenile curfew ordinance or order. A person may not be prosecuted for any offense if they are younger than 15, with the exception of these offenses:

  • Perjury (lying under oath) in some cases
  • Violation of a motor vehicle traffic ordinance
  • A misdemeanor punishable by a fine only
  • Certain very serious crimes, like capital felonies

Juvenile Courts Handle Cases Differently

In juvenile courts in Texas, people are called “respondents” instead of “defendants.” The hearings, procedural requirements and legal restrictions placed on juvenile cases are unique to this area of law. So are the purposes of this system: to rehabilitate the youth involved and to protect the public.

Minors Appear With their Parents in Juvenile Court

Unlike in adult court, minors accused of crimes appear with their parents or guardians in juvenile court. These parents or guardians are officially served a copy of the petition and summons. If they are not able to attend, the court will usually appoint a professional called a guardian ad litem who is there to protect the juvenile’s interests.

Juveniles May Have Their Criminal Records Sealed

One of the purposes of the juvenile justice system is “to remove, where appropriate, the taint of criminality from children committing certain unlawful acts.” That means juveniles may have their criminal records sealed if they are eligible.

If your record is sealed it may not be discoverable by most people doing a criminal background check on you. Because your records are sealed, offenses committed in your youth won’t prevent you from renting a nice apartment or getting a good job.

Get Legal Help to Protect Your Rights as a Minor

If you want to protect your rights as a minor in Texas, contact our experienced juvenile defense lawyers as soon as possible. Call our Fort Worth, Texas, law firm at 817-678-6771 or fill out our online contact form to talk with an experienced lawyer about your criminal defense.

The Impact of a Public Intoxication Charge on Your Future

Criminal Defense

People make mistakes. Sometimes, they do things in the moment without thinking about how their decisions could impact them in the long term. This is especially true of teenagers and college students who often find themselves in the wrong place at the wrong time.

Public Intoxication Is a Class C Misdemeanor in Texas

In Texas, a public intoxication charge carries serious consequences. However, it is possible to move forward after a public intoxication arrest. Public intoxication is a Class C Misdemeanor. That means it carries a fine, but the maximum fine does not exceed $500. There is no jail time involved. While public Intoxication is a rather minor offense, you should never just pay the fine and move on. If you do this, like many college kids do, it results in a conviction. Once you’ve received three of these, the fourth becomes a crime punishable by up to 180 days in jail.

By comparison, other Class C Misdemeanors include theft of something valued less than $100, assault with no injury, and possession of drug paraphernalia (without drugs).

You May Have a Criminal Record

Even though public intoxication is a misdemeanor, it should be taken seriously. Your public intoxication charge may become part of your permanent criminal record, which can impact future opportunities—from admission into your dream college to landing the perfect job. You may find yourself explaining the public intoxication charges during a job interview. Additionally it’s a conviction for an alcohol offense that can’t be expunged from your record. Sometimes that is difficult to explain to an employer.

If You Are Under 21, You May Lose Your Driver’s License

The law takes drinking seriously, especially when the people involved are not yet the legal drinking age. If you’re under 21, you may lose your driver’s license after a public intoxication conviction. You may also have to complete an alcohol awareness class and do up to 12 hours of community service.

You May Face Other Consequences Too

If you’re a member of an organization that has a code of conduct, like sports teams and youth leadership organizations, you could risk being kicked out after a public intoxication charge. The best way to protect your membership in these organizations is to hire an experienced attorney who can protect your interests.

Everyone Deserves a Chance to Move Forward. Get Legal Help.

At Lee & Wood, we understand that everyone deserves a chance to move forward, especially young people facing legal challenges. We won’t judge you for getting into trouble. Instead, we’ll work hard to give you the best possible chance at a bright future.

If you want to protect your rights and your freedom, contact us as soon as possible. Call our Fort Worth, Texas, law firm at 817-678-6771 or fill out our online contact form to talk with an experienced lawyer about your criminal defense.

A Shift in Attitude Toward Crime and Punishment

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Facing criminal charges is incredibly stressful. The criminal justice system is complicated and intimidating. Most charges carry the potential to seriously harm your future. Heavy fines, time behind bars and damage to your family, career and lifestyle are all possible outcomes of a criminal prosecution. One consequence that can come as a surprise is the attitudes of friends, neighbors and acquaintances. However, there is some evidence that those attitudes might be changing.

Punishment or Prevention

Appearing to be tough on crime is a common tactic used by politicians at election time. Showing mercy or concern for people accused of crime is not generally a good way to appeal to the public. For many decades, criminal penalties were increased and the number of people behind bars rose. The focus is on punishment, as anyone who is accused of a crime will discover.

If the focus was on prevention, more people would talk about making neighborhoods safe and prosperous, and fewer would talk about locking people up and throwing away the key.

A Survey Shows a Change Might Be Coming

A recent survey of potential voters suggests that a growing percentage of the population, particularly among young people, prefer solutions based on preventing crime, rather than just punishing it. The tough-on-crime crowd still has many proponents, but there may come a time when the population as a whole rejects so-called tough-on-crime policies that have failed to make the population healthier or safer.

Be Ready to Fight From the Beginning

A change might be coming, but it’s important to deal with the situation facing us now. If you’re charged with a crime, you can’t expect to be treated kindly by a system designed to punish you. Your rights and your future depend on the defense you can put forward in court. If you and your attorney are not prepared to fight, you’re putting yourself in a bad situation.

In some cases, a criminal accusation can be enough to cause you harm. Your reputation is at stake, and it can suffer needlessly even if you end up with a good result. You need a strong defense as soon as possible to minimize the consequences of your legal troubles. Acting quickly can help you in many cases, and it will never harm you. Speak to an experienced criminal defense attorney as soon as you realize you may be facing criminal charges.

Lee & Wood, LP Offers Strong Criminal Defense

If you’ve been arrested or charged with a crime, you need a skilled attorney. Call our Fort Worth lawyers today at 817-678-6771 to get started.

Vaping, THC and a New Texas Law Impacting Teenagers

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In Texas, the rules on teenage vaping are simple: It’s illegal. Juveniles are not allowed to vape or smoke e-cigarettes at all, whether you’re talking nicotine or THC. And now, in addition to teenage vaping being a crime, a new Texas law will force students into alternative schools for vaping. In this article, our attorneys lay out the rules about vaping both THC and nicotine, plus we discuss the new law affecting students.

Vaping THC in Texas

Vaping THC is a felony in Texas, no matter how old you are. The law on this is Texas Health and Safety Code section 481.103. It makes it illegal to possess any amount of THC from sources other than the marijuana plant. These are the punishments for a THC possession conviction:

  • Under one gram: State jail felony; 6 months to 2 years in jail and fines up to $10,000.
  • 1-4 grams: Third-degree felony; 2 to 10 years in prison and fines up to $10,000.
  • 4-400 grams: Second-degree felony; 2 to 20 years in prison and fines up to $10,000.
  • More than 400 grams: First-degree felony; 5 to 99 years in prison and fines up to $50,000.

If the person is a juvenile, they will most likely be prosecuted in juvenile court, where these severe punishments will, thankfully, be off the table. Juveniles are more likely to be sentenced to drug counseling, probation, placement in a treatment facility or other non-prison options.

Vaping Nicotine in Texas

It’s illegal for anyone under age 21 to buy, possess or use a cigarette, e-cig or tobacco product. The one exception is military members: Active military members can buy and use tobacco starting at age 18.

Under Texas Health and Safety Code 161.252, people under 21 who use or possess tobacco, including in vape form, can be fined $100 and sentenced to community service. Remember, this law criminalizes vaping tobacco or nicotine, but that’s not the end of the list. It criminalizes chewing tobacco, cigars and anything else containing tobacco.

New Law Requires Alternative School for Teenage Vaping

As of September 1, 2023, any public school student found in possession of, using, selling or giving someone an e-cig/vape on school grounds or at a school-related event must be placed in the Disciplinary Alternative Education Program (DAEP).

The law, House Bill 114, requires temporary alternative schooling for any student caught with a vape/e-cigarette within 300 feet of school property. This is the penalty whether the vape contained THC or not. Essentially, this means vapes/e-cigs are now treated the same as bringing drugs or alcohol to school.

Facing Vaping Accusations? How Lee & Wood, LP Can Protect Your Child’s Future

If your child is accused of vaping, whether on school grounds or not, you should contact an experienced attorney right away. The defense lawyers of Lee & Wood, LP handle THC and juvenile law issues every day. We’ll fight to prevent a minor incident from haunting your child’s future.

Call our Fort Worth lawyers at 817-678-6771 or email us to set up a free consultation to discuss the situation.

The Bail Process in Texas: What You Need to Know

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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

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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.

Exoneration Numbers Highlight the Importance of Criminal Defense Attorneys

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The viewpoint that putting an innocent person in jail is worse than letting a guilty person go free helps shape criminal defense law. It might not be how the jury sees it, however. The number of wrongful convictions that were overturned in 2022 reached an all-time record. Every exoneration is proof that everyone, innocent or not, needs a strong criminal defense lawyer.

Exonerations Are too Rare to Be a Reliable Strategy

A criminal trial and, potentially, an appeal are generally the end of the line. The record number of exonerations set last year was still a meager 238 nationwide. Your best chance of a good result in the criminal justice system is to be found innocent in your initial trial.

As soon as you are arrested or charged, you need to speak to an attorney who understands criminal defense. Misdemeanors, felonies, and juvenile offenses should all be handled by an experienced legal team. You are far more likely to beat the charges by acting quickly than you are by hoping for an exoneration after your conviction.

Unreliable Evidence

According to the Innocence Project, most of the wrongful convictions they’ve helped overturn included eyewitness misidentification and the incorrect use of forensic science. While this type of evidence is not a part of all criminal cases, it’s worth considering that criminal courts can make mistakes.

In addition to evidence problems, the Innocence Project cites coerced pleas, misconduct by government officials, and inadequate defense as problems that can lead to a wrongful conviction. Importantly, each of these issues can be mitigated or even avoided by a skilled criminal defense attorney.

The Right to Remain Silent and Why You Should Use it

False confessions are another key factor in many exonerations. If you’ve never been through the criminal justice system, it might be easy to wonder why anyone would confess to a crime they didn’t commit. There are many reasons why false confessions occur, but most of them are the intentional result of police interrogation tactics. Investigators know how to pressure and even lie to people to get them to admit to wrongs they never committed.

A police interrogation is unlike anything people experience in their ordinary lives. False confessions are often secured after many, many hours of interrogation. People don’t understand what it’s like until they go through it. That’s why it’s always a good idea to remain silent when it comes to police questioning. Nothing you say will get the police on your side. They are only looking for ways to convict you. Saying nothing makes that much harder for them to do.

If You’re Facing Criminal Charges, Contact Us Now

Our Fort Worth criminal defense attorneys have the experience and skill you need. Getting through the criminal justice system takes careful guidance, hard work, and planning.

At Lee & Wood, LP, you will get a strong defense carefully tailored to your situation. The goal is to get the best possible result for you, whether through pretrial negotiations or in the courtroom. Call us to schedule a confidential consultation at 817-678-6771 or contact us online to get started as soon as possible.

What College Students Should Know About Public Intoxication

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What College Students Should Know About Public Intoxication in Texas

Being a college student often comes with late-night study sessions, eating cheap meals and making new friends. However, it can also come with parties that involve drinking in public. This can put you and others in danger, and lead to legal consequences if you’re charged with public intoxication.

What’s Defined as Public Intoxication in Texas?

Texas Penal Code, Section 49.02 states that intoxication means not having the normal use of your mental or physical faculties due to your having alcohol, a controlled substance, drugs, a combination of these substances or any other substance in your body. An alcohol concentration of 0.08 or more also qualifies as intoxication.

This penal code defines public intoxication this way: “A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Basically, if you were intoxicated, you were in a public place and you put your own safety or someone else’s at risk, you can be charged under this statute.

But what exactly does the term “public place” mean? Under Texas law, a public place is any location to which the public has access. This includes neighborhood streets, schools, hospitals, grocery stores, restaurants, public parks, office buildings and bars.

Is Public Intoxication a Crime in Texas?

In Texas, public intoxication is a Class C misdemeanor with a fine of up to $500, which applies to both people who are 21 and those below the legal drinking age. However, underage drinkers also have additional penalties due to Texas’ Zero Tolerance Law. These consequences include community service, a 30-day suspension of their driver’s license, and mandatory attendance of an alcohol awareness class.

Even though public intoxication is a misdemeanor, it should be taken seriously. The records of your arrest and case may be part of your permanent criminal record, which can in turn impact future opportunities, from your college admission to jobs you want in the future.

For instance, during the interview process for a job, you may have to disclose and explain your criminal case to an employer.

What Should I Do if I’m Charged With Public Intoxication?

Many college students are eager to move on from their public intoxication case, often representing themselves, pleading guilty and paying the fine as quickly as possible. However, doing so can result in a permanent criminal record.

When you’re charged, don’t plead guilty. Instead, reach out to a lawyer experienced in public intoxication cases. They can assess your case, provide you guidance and determine whether they can build you a defense.

Know Your Rights: Speak With an Attorney Experienced in Public Intoxication

If you’ve been charged with public intoxication, you don’t have to go it alone. At Lee & Wood, LP., we’re experienced in helping people understand their options and guiding them forward. For a confidential consultation with our Fort Worth attorneys, call us today at 817-678-6771 or send us a message.

When Do the Police Need a Warrant in Texas?

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A warrant is a written order issued by a judge that gives the police the authority to arrest someone or to perform an act that upholds the law. Warrants are powerful documents that are often required, but there are some key exceptions when the police don’t need them.

Types of Warrants

To know when the police need a warrant, it’s important to understand that there is more than one kind of warrant. These different types of warrants allow the police to take different types of action. Here are some key types:

  • Arrest warrants: These warrants empower the police to arrest someone who is accused of a crime. An arrest warrant must identify the person to be arrested and name the crime that they allegedly committed.
  • Search warrants: These warrants empower the police to search a place for evidence of a crime. The place could be your home, the place where you work, your vehicle or your personal belongings. A search warrant must clearly state the place to be searched and the items to be seized.
  • Bench warrants: If you are found to be in contempt of court, a judge may order a bench warrant. There are many reasons a person could be found to be in contempt, but one of the most common is failure to appear at a hearing. If a judge orders a bench warrant, it gives the police the power to immediately arrest you and bring you before the judge to resolve the matter.
  • Blue warrants: In Texas, blue warrants are issued if a parolee has violated parole. There are many reasons that this could have happened, from failure to obtain employment to missing a meeting with your parole officer. 

Exceptions to the Warrant Requirement Under Texas Law

Warrants are not needed in all situations. A common exception is for “exigent circumstances.” This means that a reasonable person would look at the circumstances and believe that quick action was needed to stop physical harm to the police or someone else, to stop the destruction of evidence, or to prevent the suspect from escaping.

Another common exception is for a pat-down search when the police have probable cause to believe that a person is carrying a weapon. In that case, a warrant is not needed for the officer to do a limited search looking for the weapon.

Talk With a Criminal Defense Attorney to Protect Your Rights

If you think your rights were violated by illegal search and seizure, talk to a lawyer about your options. Your lawyer can examine the facts of your case and take action if your rights were violated. For a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP, call 817-678-6771 or send us a message today.

What Happens if You Were Arrested, But Not Read Your Rights?

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What happens if the police don’t read you your rights? Can charges against you be dropped? As experienced criminal defense attorneys, these are questions we hear from our clients fairly often. People hope they may be able to reduce the consequences they face because the police failed to follow procedure.

Know Your Miranda Rights

Before you understand what happens when your rights aren’t read, it’s important to know what your rights are. Commonly called your Miranda rights, these rights originate from a landmark 1966 Supreme Court case called Arizona v. Miranda. In the case, a suspect was held and questioned by the police for two hours before confessing to crimes he did not commit.

The case changed criminal procedure in the United States. The procedural changes were written down in the form of a Miranda Warning, which summarizes your Fifth and Sixth Amendment Constitutional rights. The warning has become familiar to almost everyone who has ever watched a detective show:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights Are Only Required for Custodial Interrogation

Miranda v. Arizona changed criminal procedure by requiring the police to inform suspects of their rights. However, there are limits to this requirement. The police are only required to inform you of your rights “prior to interrogation” if your statement is to be used against you in court.

If the police were not interrogating you in custody—for example, if it was clear to you that you were free to go—then there was no requirement for them to read you your rights.

But even if you were not read your rights, those rights still exist. Even if the police don’t tell you that you can remain silent, it’s generally a good idea to exercise your right to remain silent other than to request an attorney.

A 2022 Ruling That Limits Miranda Lawsuits

Until fairly recently, some people who had their un-Mirandized statements used against them in court were able to file lawsuits under 42 U. S. C. §1983 for violation of their Constitutional rights.

In June 2022, the Supreme Court held that a violation of Miranda rights does not provide the basis for this kind of lawsuit. Still, whether you were read your rights can be an important factor in the outcome of your criminal matter. The best way to protect yourself is to talk with an attorney.

Talk With a Criminal Defense Lawyer to Protect Your Rights

If you think your rights were violated, talk to an attorney about your options. Call 817-678-6771 or send a message for a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP.