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While violent crimes in the state of Texas are most often discussed in the news, the reality is that theft is a crime residents of the state commonly find themselves facing accusations of. The term “theft” encompasses a variety of activities including those committed with the aid of weapons, as well as shoplifting. Because these activities run the gamut when it comes to their severity, so too do the potential consequences for a conviction. Two men in El Paso were recently arrested for theft from a Radioshack. According to law enforcement officers, the men took several cellphone accessories, worth between $50 and $500. Though the men initially made it out of the store, based on a description of the vehicle they were driving, they were later apprehended. One of the men accused of the theft is facing an additional criminal charge as well. When he was taken into custody he was found to be in possession of 3 ounces of marijuana. That drug charge increased the amount at which his bond was set. Presumably it would also impact the consequences that could arise should he be convicted of both crimes, as well. It is important that all recognize that criminal charges and being held in jail waiting to post bail, is not the same as a conviction. Even when a case appears to be strong against the individuals charged, it is possible for those facing such charges to achieve a desired outcome. Most find that the best results are reached through working with a criminal defense attorney. Source: KFOX 14, “Police: Men stole cellphone accessories from northeast Radioshack,” Jesse Martinez, Aug. 15, 2013

Each day individuals throughout the state of Texas are arrested and charged with drug crimes. Sometimes these charges are in state courts. Other times the charges will be at the federal level. Sixteen individuals, from the state of Texas, are all too aware of the latter. They were charged with various money laundering and drug crimes in federal court. Charges in federal court can be difficult to defend for several reasons including the many resources available to federal prosecutors. Those accused of the crimes were indicted early this year, as a result of an investigation that was conducted by the Drug Enforcement Administration and Internal Revenue Service, among other law enforcement agencies. The seven indictments that were recently, partially opened, allege a conspiracy to distribute the following drugs in bulk to various cities in Texas: In addition, the indictments assert that those arrested also participated in a money laundering conspiracy involving moving money to both Mexico and Laredo. While these federal crimes could of course result in serious consequences should a conviction be the end result, it is important to recognize that thus far the accused have only been indicted, not convicted. While an indictment sounds scary, and is a big deal, it is not the end of the story. Those who find themselves in this position may reach a desired outcome by working with a criminal defense attorney to resolve the matter. In cases where an acquittal is not possible, a reduction in the charges may be an option. Source: Your Houston News, “16 arrested in Organized Crime Drug Enforcement Task Force operation,” July 22, 2013

Federal law generally protects workers from workplace discrimination based on a variety of factors. But no federal law explicitly prohibits employment discrimination on the basis of gender identity or sexual orientation. The sponsors of the Employment Non-Discrimination Act hope to change this reality before this year’s congressional session comes to a close. The bill advanced in a significant way earlier this month when it was approved by the Senate’s Health, Education, Labor and Pensions Committee. Given the support that the LGBT community is currently receiving from the wider public and the recent Supreme Court decisions upholding certain marital rights of LGBT couples, the Employment Non-Discrimination Act is more likely to pass now than similar measures have been in the past. Advocates strongly hope that the bill will pass in the Senate. However, the measure faces an uphill battle in the House. Nevertheless, the fact that a bill designed to explicitly eliminate discrimination in employment for the LGBT community is advancing in Congress is a hopeful turn of events. Until the Employment Non-Discrimination Act passes, LGBT persons facing discrimination at work will be forced to hold their discriminatory employers accountable under various state laws and broader federal laws. Experienced employment discrimination attorneys can help LGBT workers navigate their legal options under current laws. However, passage of a federal law explicitly condemning this kind of workplace discrimination is nonetheless necessary in order to send a clear message to employers that such behavior is unacceptable. It will also make it that much easier for LGBT workers to seek justice under the law. Hopefully, Congress will pass the Employment Non-Discrimination Act with due consideration and urgency. Source: Los Angeles Times, “Senate committee passes Employment Non-Discrimination Act,” Marina Villeneuve, July 10, 2013

Being charged with any crime can potentially seriously impact the life of the accused. This is because, depending on the type of charges, it is possible that the consequences will be severe and have a lasting impact. For this reason, individuals charged with violent crimes need to take action to protect their rights as quickly as possible. Doing so could have a positive effect on the outcome of the criminal case. A man who was recently arrested by El Paso police for allegedly shooting another individual has likely taken such steps. The man was arrested after he reportedly shot another person at a location in the Lower Valley. The individual who was shot was injured in the incident and taken to an area hospital for treatment. The severity of those injuries is unknown. Regardless of the criminal charge an individual is facing, it is important for those facing such charges to recognize that being charged with a crime is not the same thing as being convicted of it. There are several steps, including a trial and a guilty verdict, that need to be gone through before someone charged with a crime will have to face any consequences. In the best cases, the accused will be acquitted at trial. Charges connected to violent crimes involving weapons need to be taken very seriously. Because, among other things, years of prison could be on the line, working with a criminal defense lawyer to defend oneself against the matters is the best way to proceed for most. Source: El Paso Times, “El Paso Police arrest 1 person in connection with shooting in Lower Valley (updated),” Alex Hinojosa, July 20, 2013

Suspending a DWI offender’s license after a DWI conviction seems like a good tool to prevent future DWIs and punish the drunk driver. But some Texas judges and prosecutors are now questioning the wisdom of license suspension as a DWI deterrent, according to reports in The Statesman and KVUE. Years ago, Texas lawmakers enacted tougher DWI laws that included a provision to allow police officers to seize the licenses of drivers who failed a breath test or refused to take a breath test to determine the presence of alcohol. Immediate seizure of a driver’s license after test refusal or failure should prevent drivers from getting DWIs. But apparently, the law is not as effective as it would seem. For one thing, drivers who have lost their licenses can apply for, and usually obtain, an occupational license with little pushback by judges. The state bears the burden of costs of administrative appeals as drivers seek the return of their licenses. Additionally, evidence brought forth or withheld in the administrative matter can damage the criminal DWI case. For these reasons and others, some prosecutors are calling for reconsideration of the immediate license seizure provision. Defense lawyers also argue that for some drivers, like habitual drinkers, the threat of an immediate license suspension is not a deterrent in the face of active addiction to alcohol. Others argue that immediate license suspension is too punitive: the driver has not yet been convicted of any crime and others who depend on the driver usually suffer most after an immediate driver’s license suspension. For now, no changes to Texas’ DWI laws are under consideration. Drivers who fail or refuse breath tests still face immediate license seizure. If you have failed or refused a breath test or you face DWI charges, contact a Texas criminal defense attorney for help to protect your license and fight the related criminal charges.

Two new changes to the DWI law in Texas went into effect September first of this year. The first change involves first-time DWI offenders with a blood alcohol content of 0.15 or higher. Formerly, all first-time DWI offenders – which included all drivers with a BAC of 0.08 or higher – were charged with a Class B misdemeanor and subject to a $2,000 fine and 180 days in jail. Subsequent DWI charges for the same driver led to more stringent charges and steeper punishments. Since passage of the new law, first-time DWI offenders will now be placed into two categories: Those with a BAC between 0.08 and 0.14, and those with a BAC of 0.15 or higher. Those with a BAC between 0.08 and 0.14 will still be charged with a Class B misdemeanor. But now first-time offenders with a BAC of 0.15 or higher will be charged with a Class A misdemeanor and subject to stiffer penalties: A fine of up to $4,000 and up to one year in jail. The second major change to the DWI law pertains to enhanced DWI charges associated with intoxication assault and DWI that results in serious brain damage to the victim. Previously, enhanced DWI charges were applicable only when certain people were affected – specifically police officers, firefighters and emergency workers. When these specific victims were injured by an intoxication assault, the enhanced charges allowed for a charge of a second-degree felony versus a third-degree felony. Now, however, the law has been expanded to include enhanced DWI charges for an offender who causes severe or permanent brain damage to any victim. A second-degree felony is punishable in Texas by a fine of up to $10,000 and up to 25 years in prison. A third-degree felony is punishable by a fine of up to $10,000 and 2-10 years in prison.

Men’s Health recently surveyed American cities on a rather inglorious issue: the impact of drinking in its America’s Drunkest Cities poll. Texas had the dubious distinction of having three cities listed in the Top 10 – Austin, San Antonio and Lubbock. Fresno, California, was designated the “Drunkest U.S. City” in the Men’s Health survey. California also tied Texas for the state arguably most affected by drunk driving with three cities appearing in the top 10. Each city was ranked on indices of health and crime statistics including number of DUI arrests, drunk driving fatalities, deaths from liver disease, self-reports of binge drinking, and severity of state impaired-driving criminal and civil statutes. The cities were graded from A to F, with 13 cities receiving a failing grade. Three Texas Cities Rank High for DWI Deaths, DWI Arrests Austin, Texas, ranks at number 5 in the Men’s Health poll. Its high reports of binge drinking (it ranked 2nd) and number of DUI arrests (it ranked 8th) helped Austin make its way into the top 10 Drunkest Cities. San Antonio, Texas, appears at number 7 with deadly consequences. It ranks 17th for deaths in drunk driving accidents and 22nd for deaths from liver disease. Lubbock, Texas, is the last Texas city to appear in the Top 10 at number 8, although it is the highest ranked city for deaths in DUI crashes, and 12th in DUI arrests. While the Men’s Health poll is not highly scientific, it provides a barometer of the social acceptance of drinking, drunk driving, and the consequences of impairment across the nation. Drunk driving is no laughing matter, however. Texas law enforcement is clearly stepping up efforts to get drunk drivers off the road and prevent deadly drunk driving crashes. Contact an experienced Texas DWI attorney if you are facing drunk driving charges.

Police officers nationwide have recently taken a stronger stance toward individuals who drive while intoxicated, and those in Bexar County, Texas, are no different. Since September, police have been cracking down on drivers who are found to be twice the legal limit, which now stands at 0.08 blood-alcohol content (BAC). In Texas, regardless of what your BAC is, an officer can stop and arrest you if they believe you are impaired. The penalties get stronger for each offense. Not only are police officers cracking down, prosecutors are seeking lock-up for offenders, whether that be in prison or at a treatment facility. For a first offense, those convicted can face a $2,000 fine, up to six months in prison and license suspension for up to a year. First-time offenders may also face an annual $1,000 fine for three years to keep their licenses. For a second conviction, drivers can face a $4,000 fine, up to a year in prison, the loss of their license for two years and a $1,500 annual fine to keep their licenses. For subsequent convictions, the fine goes up to $10,000, with prison time between two and ten years. Those convicted can also lose their licenses for up to two years and pay a $1,500 annual fine to keep their licenses. In order to supplement this crackdown, the state is implementing a special DWI court to help with deterrence and treatment. The court is specifically geared at repeat offenders. Because of Texas’ crackdown and enhanced punishments, not only for repeat offenders, but also for all those suspected or convicted of drunk driving, retaining a criminal defense attorney can be crucial for individuals to build a strong defense and protect their rights.

After Texas banned synthetic marijuana products such as Spice and K2 in 2010, it was soon followed by the U.S. Drug Enforcement Agency (DEA) the next year. The result is a host of new synthetic marijuana possession, drug trafficking and drug possession with intent to distribute investigations and prosecutions. A recent article in the Fort Worth Weekly showed the extent to which local law enforcement has been going to investigate a local smoke shop and tattoo parlor. Police recently served a search warrant on The Dragons Breath in Bedford, then spent hours going through company files and breaching the store’s safes before seizing computer equipment and confiscating cash. The officers also collected as evidence potpourri products that they claimed contained the chemicals that are criminalized under the synthetic marijuana law. Store assistant manager Charles Clark, a former police chief, called the search a “witch hunt” designed to shut down a business that does not have broad public support. Clark also claims that police have been harassing him due to his activism in support of marijuana legalization. The store’s management claims that it removed all illegal products after the ban went into effect and contends that the seized potpourri contains no synthetic cannabis. But the stakes are high, because the penalties associated with synthetic marijuana in Texas can be harsh: Any person suspected of a drug crime should understand the importance of consulting with a criminal defense attorney, whether or not they have been charged. A drug crimes lawyer can review the circumstances of arrest or an ongoing investigation and act aggressively to protect a client’s rights and criminal record. Source: Fort Worth Weekly, “Breathing Down Their Necks,” Jeff Prince, 2/8/2012.

Deep in the heart of Texas, countless bikers enjoy riding wild and free on vast expanses of picturesque roads. Unfortunately, the joy of riding is too often tainted by the news that a fellow biker has suffered a devastating injury or has been killed due to the negligence of a reckless driver. Thankfully, the rate of fatal motorcycle accidents in Texas has finally begun to drop after several years of rising steadily. According to the Texas Department of Transportation (TxDOT), motorcycle fatalities in the Lone Star State dropped in 2012 by six percent over the previous year. This is most welcome news for all Texans. However, this percentage drop occurred only after the fatal motorcycle accident rate spiked by more than 55 percent between the years of 2004 and 2011. Much work has yet to be accomplished in helping to keep bikers safe in Texas. Last month the U.S. observed national Motorcycle Safety Awareness Month. During that time, TxDOT and other state agencies employed multiple campaigns aimed at educating both bikers and motorists on the prevalence of fatal motorcycle accidents that occur annually as well as how to prevent future collisions. TxDOT also highlighted the fact that more than half of all bikers killed in Texas are not wearing helmets at the time of their accidents. These campaigns are a positive step forward in helping to educate all members of the public about biker safety. However, the slight drop in motorcycle fatalities during 2012 is simply not enough positive change to rest upon. More education, stricter enforcement of safety laws and perhaps more regulation of both bikers and motorists may be necessary in order to protect hundreds of lives this year and thousands in the following years. Source: The Dallas Morning News, “Texas motorcycle, scooter deaths down in 2012 but still higher than a decade ago,” Jeff Mosier, May 5, 2013

Five years ago, Congress amended the Americans with Disabilities Act (ADA). In so doing, it effectively expanded the rights of pregnant women in the workplace. In particular, Congress clarified that disability protections extend to pregnancy-related impairments. Unfortunately, the passage of this amendment has not effectively ended pregnancy discrimination in the workplace. When disabled persons are employed, they are guaranteed the right to certain reasonable accommodations under the ADA. If employers fail to provide these accommodations, they can be subject to a discrimination suit or other action brought by either the employee or the Equal Employment Opportunity Commission (EEOC). The 2008 ADA amendment practically extends the right of reasonable accommodation to pregnant workers. However, not all employers are honoring and respecting that right. As a result, the EEOC recently filed two related complaints seeking judicial clarification on the rights of reasonable accommodation for pregnant workers under the law. One complaint involves a worker who was allegedly involuntarily forced onto unpaid leave from her position because her pregnancy ultimately required that she not lift heavy loads. Another complaint involved the alleged reassignment of a pregnant woman to a dissimilar and worse position due to her need for pregnancy-related accommodations. In bringing these cases before the courts, the EEOC is likely hoping to send a message to all employers that the 2008 amendment guarantees most pregnant workers the right of certain reasonable accommodations. In failing to accommodate these two women, their employers are now the subject of EEOC and public scrutiny that could have easily been avoided had they simply followed the law. Source: Thomson Reuters News and Insight, “Two new cases seek to clarify pregnancy discrimination laws,” Anna Louie Sussman, Apr. 1, 2013

When humans become suddenly and overwhelmingly afraid, their biology introduces a fight or flight response into their bodies. Whether it is best to flee or fight is dependent upon the particulars of the frightening situation. Two years ago, Texas lawmakers passed legislation designed to inspire frightened underage drinking buddies to call the police rather than flee the scene if one of their peers seemed to be suffering from alcohol poisoning. The purpose behind this legislation was to encourage underage individuals to turn to law enforcement when they are involved in or witness underage drinking, rather than doing nothing out of fear for negative legal consequences. The hope is that if underage individuals know that they will be legally protected if they call the police, they will be less likely to flee the scene by driving under the influence. And ultimately, the law was designed to decrease the number of underage individuals who suffer from alcohol poisoning. Unfortunately, underage individuals have not taken advantage of their legal rights under this legislation, largely due to simple ignorance that the law exists. Young Texans need not fear legal consequences if they call the police about their peers illegally drinking, even if they were drinking themselves. Law enforcement wants to reward young people who do the right thing, not punish them after they've changed their minds about underage drinking. If you call 911 to help save the life of a friend who might be suffering from alcohol poisoning, you will not face negative legal repercussions. Do not hesitate to protect another's life if you find yourself in this situation. You are legally protected against criminal charges if you turn to the police in order to do a good deed. If you choose to call 911, your peers may panic. If they see you calling the police, ask them to remain calm and remind them of this important law that was designed to protect young Texans from alcohol poisoning. Source: Dallas News, “For young revelers who get alcohol poisoning, a lifeline in emergencies,” Scott Goldstein, March 13, 2013