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A man was recently arrested in San Angelo after a shooting incident and subsequent ground search. The Texas man has been accused of shooting at a group of local plant employees when they encountered him allegedly attempting to steal a company vehicle. He faces serious criminal charges resulting from the incident. Just after noon, the group of employees left the plant and went outside to a company-owned area of woods next to the plant. As they were walking in the woods, they claim that they saw a man attempting to burglarize a company vehicle. The employees claim that the man was carrying a handgun, and he allegedly opened fire. The number of shots fired was unclear since no shell casings were reportedly found at the scene and none of the employees were hit. The San Angelo Police Department, the Texas Department of Public Safety and Border Patrol Agents quickly responded to the scene. They set out on a three-hour ground search in an effort to locate the suspect. When they found the man, he claimed that he was in “medical distress,” and he was taken to an area hospital. After his release, he was taken to the Tom Green County Jail. The 26-year-old was formally charged with aggravated assault with a deadly weapon and being a felon in possession of a firearm. He could face over 100 years imprisonment if convicted of both criminal charges. However, any time a person is arrested in Texas, that person remains innocent until, and only if, proved guilty in court. In the meantime, the man has certain legal rights that he will likely want to protect as he begins his criminal process. Source: gosanangelo.com, “Police arrest suspected Ethicon shooter“, Michelle Gaitan, Sept. 23, 2014

The National Football League is no stranger to scandal. Many players have been accused of various crimes, and the backlash from fans can impact player’s careers — even if they are eventually acquitted. Non-celebrities can learn from the experiences of these players in relation to how criminal charges can affect a person’s life, from their job to their personal relationships. One recent example involves Viking’s player Adrian Peterson who turned himself into Texas law enforcement on charges of child abuse. Peterson reportedly used a thin tree branch, commonly known as a “switch,” to whip his young son. He claims that he attempted to discipline his son, but that injuries resulted from the alleged beating. Corporal punishment is not illegal in Texas, and many families use it to teach their children right from wrong. However, if it goes too far, a parent can face criminal action. Peterson is now charged with felony child abuse but is out on bail. If he is convicted, he could have to pay a $1,000 fine or spend up to two years in state prison. Those who face these types of charges can be convicted according to the law if evidence proves that they intentionally, knowingly, negligently or recklessly caused bodily harm or mental injury to a child. Those who face criminal charges, whether they are for child abuse or another crime, have the right to defend themselves in court, as Adrian Peterson will have the opportunity to do. Anyone in this scenario is presumed innocent until and unless proven guilty in a Texas court of law. The knowledge of what is at stake for an accused person may help them to get the assistance they need in handling their case. Source: wtvr.com, “Vikings star Adrian Peterson turns himself in, freed on bail“, Lacey Rollins, Sept 13, 2014

Those in Texas who are accused of committing white collar crimes may think that it is not as serious an offense as others. Because it doesn’t involve a violent act, it may seem as though the punishments should be less serious, but that is not necessarily the case. Those convicted of fraud or other related crimes can face long jail sentences and hefty fines. Knowing exactly what fraud entails might be helpful for those who are accused of this crime in order to understand just what the possible ramifications might be. Fraud occurs when one person intentionally deceives another person, business or other entity in order to profit, whether that is financially or otherwise. Though the exact legal definitions can vary in different states across the nation, it typically involves the perpetrators misrepresenting themselves, being deceitful or making a false statement. There are several types of fraud, including wire fraud, tax fraud, identity theft and others. For a fraud claim to be proved, it requires four factors to be true, and each piece must be separately proved. They are: a fact that has been misrepresented the perpetrator’s knowledge that the fact is untrue the claim is made to someone who relies on the misrepresentation evidence of injury or loss as a result If any of these factors are not present, it is possible that the charges of fraud will not be able to be proved. Those who have been accused of fraud here in Texas may have other questions pertaining to their particular situation. It may be helpful for them to remember that they are presumed innocent unless and until proved guilty in the eyes of the law. A thorough understanding of one’s legal situation may be helpful in creating the best defense possible. Source: FindLaw, “Fraud“, , Sept. 5, 2014

There are certain criminal charges that can carry a stigma with them. Those who are accused of domestic violence may see repercussions in other parts of their lives, even if they are eventually acquitted. For this reason, it is very important for those accused to fully understand what these charges involve and how Texas prosecutors will pursue them. Here at the Law Offices of Ruben Ortiz, we know that sometimes there is more to the story than just what a purported victim might say. A conviction on domestic violence charges can have serious punishments, including incarceration or a restraining order, with the potential to negatively affect a parent’s access to his or her own children. Our team has experience in dealing with domestic violence cases, and we will examine a potential client’s personal situation to determine the best course of action. Those who were previously convicted on a misdemeanor domestic violence charge can see future misdemeanors raised to felonies. This is just one of the reasons it is crucial for those accused to have assistance from a competent source. Giving one’s side of the story to police may seem like a helpful idea, but it can have negative consequences. Police will turn over any evidence, including a statement from a suspect, to prosecutors who will then use the information in pursuit of a conviction. Our team has helped numerous clients defend themselves against domestic violence charges, and we know how to honor their rights. It is important that those who are accused of domestic violence remember that they are presumed innocent until and unless proved guilty. If you have further questions on domestic violence charges, our website may help you understand. We are committed to helping Texas residents with this type of criminal defense and others. Source: Law Offices of Ruben Ortiz, “Domestic Violence/Spousal Abuse“, , Sept. 5, 2014

White collar crime is considered very seriously here in Texas. Those who are accused of crimes such as money laundering or fraud might assume that the absence of any violence in connection with the crime means that a guilty verdict will not result in significant punishment. This is untrue and may have an ultimately negative effect on how a person proceeds with his or her case. One Texas man recently decided to plead guilty to fraud charges in connection with the destruction of a high-end luxury vehicle. Authorities say that a few years ago, the man in this story bought a Bugatti Veyron for the price of $1 million. He apparently took out an insurance policy on the car that was worth over $2 million. Soon after the purchase, officials allege that the man ran the car into a bay, leaving the motor running and thereby ruining the engine beyond repair. He allegedly informed authorities that the incident was an accident and filed an insurance claim the day afterward. Unbeknownst to the man, a motorist came forward with a video recording that allegedly shows the man running the car into the bay intentionally. The man has recently pleaded guilty to charges of wire mail fraud. He could serve anywhere up to 25 years in prison when he is sentenced. The circumstances in this particular case here in Texas are unusual, but the basic facts surrounding it remain the same. Those who are facing charges of fraud or for other white collar crimes have every right to present a thorough defense in court, despite any evidence that may exist. A person is presumed innocent unless and until proven guilty. Entering a guilty plea is also within the accused person’s rights and could be a way of reducing a person’s potential punishment, depending upon all of the underlying facts and circumstances. Source: ktre.com, “Lufkin man pleads guilty in federal court in connection to million-dollar car case“, Jeff Awtrey, Aug. 26, 2014

Here in Texas, gubernatorial candidate Wendy Davis has recently proposed that the statute of limitations for rape and sexual assault crimes be eliminated (Davis calls for an end to statute of limitations for rape). Currently, the statute stands at 10 years, except for crimes against children or if no one in the state’s database is a match for any collected DNA. If a law like this was passed, it could have serious repercussions for those who are accused of rape or other sexual assault crimes. It may be helpful for those people to know what a criminal defense against a sexual assault charge might entail. The most obvious defense is for an accused person to profess innocence. In any crime, the accused is presumed innocent until and only if he or she is proven guilty beyond a reasonable doubt. An alibi can help solidify this defense, as well as DNA evidence pointing to another suspect or otherwise at variance with the prosecution’s view of the case. The presence of either could raise doubt that the accused committed the crime. One of the other two possible defenses is the establishment of consent. An accused person may admit to having personal relations with the victim, but argue that he or she had the victim’s consent to engage in such activities (assuming the alleged victim was of legal age to give consent). This may not be easy to prove and sometimes involves calling the victim’s previous sexual history into question. The second way is if the defendant is mentally incapacitated or uses a defense of insanity. If a person can prove that he or she has a diagnosed mental illness or is mentally challenged, a defense based on that person not knowing right from wrong may be appropriate. Every case is different and these types of criminal defense scenarios may not be able to be used in all circumstances. Here in Texas, those accused of sex-related crimes will want to have a thorough understanding of all available options, so as to decide upon a course of action that is focused on achieving the best outcome possible. Source: FindLaw, “Sexual Assault Defenses“, Aug. 24, 2014 Source: FindLaw, “Sexual Assault Defenses“, Aug. 24, 2014

Embezzlement is a much more common crime in Texas than people might realize. Those who are accused of white collar crimes like this may not know exactly what it means or entails. Having a thorough knowledge of the details may help one prepare a proper defense and help to facilitate as positive an outcome as possible. When a person steals assets that do not belong to him or her, but to which they were entrusted, that is known as embezzlement. It happens most often in corporate or employment sectors. People may have access to money or property that belongs to someone else for the purpose of utilizing the assets to the advantage of the owner. A typical example may be a bank teller who receives hundreds of dollars in cash deposits every day. People who bring their cash to the bank believe that the teller will deposit the money, or perform other requested actions, but it can happen that the teller will steal the funds. Charges of embezzlement are only applicable if the following four criteria are met: Fiduciary relationship: One party must be dependent on the other Acquisition: The person accused must have received the property due to the fiduciary relationship Ownership: The person accused must have taken the asset or given it to another person to whom it did not belong Intention: The person accused must have meant to steal the asset Those who are accused of embezzlement may not be aware of how seriously the charges are considered by prosecutors. White collar crimes can result in just as severe punishment as violent crimes. Still, it is worth noting that those who are accused of embezzlement are considered innocent unless and until proved guilty in the eyes of the law. That applies to any person here in Texas who is facing charges of this nature. For more information, visit the Findlaw site. Source: findlaw.com, “Embezzlement“, Aug. 24, 2014 Source: findlaw.com, “Embezzlement“, Aug. 24, 2014

When someone from Texas is charged with a drug-related offense, he or she may not understand the potential upset it might cause within his or her life. Those who are convicted of drug crimes could have trouble maintaining current employment or even finding a new position. This is not to mention what might happen to a person who is convicted — he or she could be sentenced to prison or have to pay a high fine and/or other penalties. This is the problem of one Texas man who works as a reporter for an ABC affiliate and is now facing drug charges. According to local police, the reporter was arrested after recently being found to have marijuana and drug paraphernalia on his person. Police have not disclosed the precise events that led to the reporter’s arrest or how much marijuana he allegedly possessed. He was booked into a local jail, and his bail has been set. The station where he currently works did not offer any comment, simply saying that it was a personnel issue. The reporter has worked at numerous stations around Texas as an investigative reporter, in addition to anchoring at other stations around the nation. There is no word on whether his current workplace will continue to allow him to work there. Prosecutors who work on this case will use any plausible evidence they collect in an attempt to obtain a conviction. Despite that, the reporter is presumed innocent unless and until proven guilty, just as it is for anyone charged with drug crimes or other criminal offenses. It may be helpful for him to seek assistance in understanding the laws and local procedures that encompass the particular crimes he is accused of, in the hopes of preparing the best defense possible that could mean either acquittal or another favorable result. Source: mediabistro.com, “Texas Reporter Arrested on Drug Charges“, Mark Joyella, Aug. 12, 2014

It is not uncommon for citizens here in Texas to face a DWI charge at some point in their lives. When this happens, they might not be aware of just how seriously prosecutors consider these types of offenses. A person convicted of drunk driving could face fines, lose his or her license, or even be sentenced to prison. This is exactly what could happen to one man who was recently arrested and charged with DWI after he allegedly drove drunk with children riding in his vehicle. DWI with Children in the Vehicle According to local authorities, the accused man was pulled over for an undisclosed traffic violation. The officer attending the scene claimed he smelled alcohol in the vehicle. After administering a field sobriety test, the officer decided the man was intoxicated and arrested him for DWI. He was later taken to a local hospital and submitted to a blood-alcohol test. There were apparently two children inside the car when the man was arrested, two aged 10 and one aged 9. Family members took custody of the children after the arrest. At this time, the man is currently in jail and has not had any bail amount set. Defense Against DWI Charges in El Paso Even with the apparent evidence against this man, it is important to note that he is still presumed innocent unless and until proven guilty in a Texas court of law. He has every right to defend himself against these charges of drunk driving. Those who find themselves in a similar situation may want to consider any and all options available to them in order to facilitate the best outcome possible under their personal circumstances. Source: ktre.com, “DPS: Lufkin man drove drunk with 3 kids, ages 10 and under“, Gary Bass, Aug. 8, 2014

When people are convicted of offenses relating to drugs, it has the potential to change their lives forever. If the person accused happens to be a young person, a sentence of significant jail time can be even more devastating. It is important that anyone, of any age, takes accusations of drug crimes seriously in order to facilitate the best outcome possible. One young Texas man who should be thinking about his future could be facing life in prison for allegedly making brownies from marijuana and hash oil. The 19-year-old man was arrested after a neighbor complained to law enforcement about the smell allegedly coming from his apartment. When the police were investigating, they say they weighed the brownies to determine the amount of drugs, which can influence the punishment a person could face. Weighing the entire batch of brownies, which contained THC, resulted in the young man being charged with having almost one and a half pounds of drugs. Since police charged him with intent to sell based on the weight of the brownies, his potential punishment could be a prison term of anywhere from 10 years to life. Prosecutors say that lab results revealed that the total amount of THC was 2.5 grams, so now the young man is hopeful that his charges could be reduced, meaning he would not have to serve as much jail time — if any at all — should a conviction be secured. It is also possible that his charges could be reduced or even dismissed due to an alleged improper search of the young man’s apartment. This young man — and anyone else in a similar situation — is still presumed innocent until and unless proven guilty in the eyes of the law. It is possible that the evidence presented could lead to a reduction in the charges he is facing, or even a dismissal if the circumstances warrant. Accusations of drug crimes like this one here in Texas could drastically alter a person’s life, and it would do an accused person well to consider all of the options in order to assert one’s rights vigorously. Source: USA Today, “Teen facing life in prison for pot brownies awaits fate“, Aug. 7, 2014

Some of our readers may have heard of the Federal Sentencing Guidelines. For those who are not familiar with them, the guidelines are a set of rules concerning the uniform imposition of sentences in federal criminal cases. Judges utilize these guidelines as a benchmark in issuing sentences, though they are not binding. Under a new amendment to the Federal Sentencing Guidelines, thousands of prisoners incarcerated on federal drug offenses may have the ability to have their sentences reduced. The amendment, which decreased the recommended sentences in drug trafficking cases, was actually passed back in April. At that time, though, it was not made retroactive. This month, the commission in charge of the guidelines voted to make the amendment retroactive, which is a great thing for many federal prisoners. The retroactivity opens up the possibility of sentence reduction for roughly 46,000 federal prisoners. Many of these individuals are inmates admitted as young people for non-violent crimes. Approval for sentence reduction will not be automatic—it requires the approval of a judge. Judges are given discretion as to whether an inmate will ultimately be approved for a reduction. Inmates who are eligible for consideration under the amendment have a great opportunity, of course, and hopefully many will obtain the legal assistance they need to have a fair hearing. Anybody who is faced with criminal charges, of course, does well to work with an experienced attorney in building a strong defense. Doing so ensures that their interests will receive the advocacy they deserve. Source: Fort Worth Star Telegram, “New federal sentencing guidelines will be retroactive,” Bob Ray Sanders, July 29, 2014.

In Texas, law enforcement takes any crimes relating to drug possession and/or trafficking very seriously. These types of offenses are punishable with significant jail time, high fines, or other means. Those who are accused of all types of drug crimes will want to be aware of the potential ramifications within all aspects of their lives. This is the situation facing a number of people who have been accused of running a drug ring after a long investigation by police. According to authorities, their investigation began around a year ago when neighbors tipped them off about a possible drug-related enterprise in a nearby home. Eventually, police say that they discovered an additional residence where drugs were being purchased. A search warrant was issued and police made several arrests. Twenty-four people have been charged with various drug offenses, out of which 14 have been officially arrested. Officers say they discovered cocaine, ecstasy and marijuana. Reportedly, the drugs were found in the possession of several of the suspects and in the home itself. The charges vary but are mostly for manufacturing and delivery of a controlled substance. Some of the accused were already in custody when the charges were rendered. Despite any potential evidence, all of the people charged in this case are still innocent unless and until proven guilty and have every right to defend themselves against the charges of these alleged drug crimes. Here in Texas, prosecutors will use any legal means at their disposal to obtain a conviction, so the suspects will want to have a full understanding of the charges they face. They — and others in their situation — may be able to work with prosecutors on a plea deal that would involve them pleading guilty to lesser charges but might result in significantly less jail time or even a dismissal of some charges, depending on their personal circumstances. In other cases, it may be more appropriate to simply contest the accusations and force prosecutors to actually prove what they have alleged. Source: click2houston.com, “GCSO makes multiple arrests in undercover drug sting“, John Brannen, July 26, 2014