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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.

Mutual Combat And Assault in Texas

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The word “assault” can describe a wide range of scenarios. No two criminal cases are exactly alike, and this may be particularly relevant in cases involving assault allegations. Among the potential defenses against assault charges is that of consent. Under limited circumstances, you may be able to claim that a fight you engaged in was not an illegal assault because both parties consented to the action. Texas is one of the few jurisdictions in the country where mutual combat may be allowed outside of sanctioned combat sports.

What Constitutes Consent?

A written, signed and notarized agreement is ideal, but it isn’t necessary. The consent must be “effective,” meaning you must reasonably believe that the other person consented. This could be as simple as observable conduct indicating that you both wanted to fight. It can be entirely nonverbal. Of course, it does take more than both of you actively participating in the fight to prove there was consent. Someone defending themselves in a fight they didn’t want to be in has not “consented” to the fight.

Consent Alone Is Not Enough

Proving that the other person consented is not the end of the matter. Perhaps the biggest risk of relying on consent is how easily you can lose with that defense. To claim consent, the assault cannot threaten or inflict serious bodily injury. Serious bodily injury means anything that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.“

In practice that means the defense is usually only applicable in fist fights. Any use of a weapon of any kind will negate the defense. It also means that the damage done in the fight has to be minimal. A broken bone can mean impairment of the function of a bodily member, which negates the defense.

The mutual combat defense is also invalid if the assault was part of a gang initiation or was done as a condition of being a gang member.

A Serious Charge Calls for a Serious Defense

Assault can lead to misdemeanor or felony charges, depending on a number of factors. Many assault cases involve alcohol which can confuse the situation further, raising questions about an issue as delicate as consent. The right defense strategy requires careful analysis. You need an experienced, dedicated Texas criminal defense attorney to help you protect yourself.

Call Lee & Wood Today if You Are Facing Assault Charges

You can’t afford to leave your assault defense to chance. Whether you believe your assault case involves mutual consent or not, you need a strong defense team to mount a strong defense. Call the skilled criminal defense lawyers of Lee & Wood at 817-678-6771 to discuss your situation today.

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.

Teen Drug Crimes: Fentanyl-Laced Drugs Increasing Concern in Tarrant County

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The Fort Worth Weekly reported in May that ambulance services have seen an increase in drug overdoses and emergency calls from teens who have taken pills containing fentanyl, a synthetic opioid that is 50 to 100 times stronger than heroin.

Where MedStar used to get 8-10 calls a month for drug overdoses, they have been fielding as many as 26 calls a month since January. Emergency responders say that young people think they are buying Xanax or Percocet or Oxycodone, but instead they are getting a pill with caffeine and fentanyl, which is cheaper for drug manufacturers to produce and sell. 

That’s what happened with two 16-year-old boys in Venus, Texas, who died of overdoses in April. They thought they were taking Oxycodone. Two other teens now face drug crimes charges for providing the pills. 

It’s easy for teens to get their hands on – and to share – these counterfeit drugs containing fentanyl. Drug dealers are selling them for as little as $5 a pill, according to the paper. 

A teen who has experience using Xanax or Oxycodone legally for anxiety or pain could easily find themselves in deep trouble buying a few pills from “a friend” or through a social media contact. 

A Fort Worth police officer who works in the schools said it’s not unusual for students to be offered the drug as a “sample” at teen parties. Some teen drug dealers who usually sell marijuana have added pills to their inventory.   

Young people selling fentanyl in Tarrant County are the “little guys” taking the fall for drug manufacturers and drug trafficking rings in Mexico and China. These Texas teens face the consequences while drug cartels make millions of dollars trafficking in deadly pills. 

Everyone accused of a crime deserves a strong defense. If your teen has been arrested for selling drugs, possession of fentanyl, or giving fentanyl to a friend (drug distribution), talk with a Fort Worth juvenile defense lawyer at Lee and Wood, LP. Call 817-678-6771 or contact us online.