A common scenario: A driver and two passengers are stopped for a traffic violation. The law enforcement officer thinks he smells the distinct odor of marijuana coming from within your vehicle. Now, he has all of the passengers on the curb and is tearing apart the inside of your ride. He finds illegal substances in […]
AFFIRMATIVE LINKS – WHY You Should NOT Plead to Your Friends Drugs!
In TX can You Legally Shoot & Kill a Shoplifter?
(The short answer is…not unless they somehow injure you in the process of committing the theft, making it a robbery. “During the process of committing the theft” would include while trying to escape with the property.) This question came up in one of our neighbor States in the last few weeks: can a bystander in […]
If Convicted of a Felony, Can I Legally Own a Gun?
Frequently I am contacted by someone with a Felony conviction that is years or even decades old, and they want to know if they can ever own a firearm again. The answer is more complicated than YES or NO. Under Texas law there is an exception permitting convicted felons to possess firearms, but only in […]
THAT CASE YOU GOT DISMISSED IS STILL ON YOUR RECORD
Whew! You found yourself locked up and jammed into a daunting and confusing court system. But you made it out unscathed! You (or more likely your lawyer) ere able to get the charges DISMISSED! All good, right? WRONG! Just because you got your charges dismissed does not mean that your record is clear. Far from […]
Possession of Adderall Without a Prescription IS A FELONY, AGAIN!
Possession of Adderall without a Prescription is a Felony AGAIN The law change that made possession of Adderall (amphetamine / dextroamphetamine), Vyvanse (Lidexamphetamine) and other prescription stimulant medications a misdemeanor offense had a short life-span, just long enough for the Texas Legislature to have a year off and meet again. There is an old saying, […]
DEADLY FORCE TO PROTECT PROPERTY
In the aftermath of Hurricane Harvey and its accompanying flooding, the familiar stories have appeared in the news detailing some of the unfortunate crimes that always seem to happen during one of these types of events, including robbery, fraud, theft or burglary (what some have labeled “looting”). Many are unaware that in the State of […]