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Recent Blog Posts
Online Trouble: What You Say and Do Can be Used Against You in a Court of Law
The internet can seem like the Wild West sometimes. People often do and say whatever they want and seem nearly anonymous. But your actions online can come back to haunt you, particularly if some of your online activity is legal. Some of the most common legal troubles people run into online include:
- Making online threats
- Illegal searches
- Revenge porn
- Hate speech
- Illegal activity
But if you do run afoul of the law for your online endeavors, it's important to remember that you are innocent until proven guilty, just like you are for any charged criminal offense. With the help of an expert in Texas criminal defense law, you'll have the best possible chance of a positive outcome.
Making Online Threats and Stalking
Texas's Electronic Communications Act of 2001 makes it illegal to stalk, harass, abuse, or threaten others online. Crimes could include actions like:
Arrested at Work in Houston
Getting arrested is always a scary prospect. It can be humiliating, frightening, and overwhelming all at the same time. It's hard to know what to do and what to expect, but at least you can usually handle it privately while going about your regular life. However, if you're arrested at work, your arrest suddenly becomes a public spectacle in front of your colleagues, boss, and maybe even people who work for you. In this stressful time, it's important to remember that you are innocent until proven guilty, and your arrest does not mean a court will convict you. You need an expert in Texas criminal defense to protect your rights and guide your case to the best possible resolution.
What Happens After an Arrest?
After the police take you into custody, they'll take you to a police station or central processing station. You do not have to answer their questions beyond basic information about yourself. In fact, you should ask for an attorney before you speak to the police. After booking, you'll face the following:
Out-of-State Cybercrime: Can I Be Prosecuted in Texas?
Cybercrime is increasingly common in the U.S. and Texas, targeting businesses and individuals across the state. Internet crimes cost Americans more than $6.9 billion in 2021 and cost the state of Texas hundreds of millions each year. According to the Texas Comptroller, Texas victims reported $117 million in internet crime losses in 2017. And those are just the crimes reported to law enforcement agencies. As a result, Texas and federal law enforcement agencies treat online crimes harshly and target them for aggressive enforcement.
If you're accused of a Texas cybercrime, it can be frightening, with the possibility of severe penalties looming over your head. But if you live outside of Texas, the arrest can be even more stressful. Whether you're solely facing state cybercrime charges or also facing federal internet crime charges in Texas, it's important to remember that you are innocent until proven guilty. But you do need an experienced Texas criminal defense attorney well-versed in handling both federal and state cybercrime charges. An expert in criminal defense law like attorney Doug Murphy can help.
Domestic Violence in Texas: Can I Go to Jail for Yelling at my Partner?
Domestic violence is a serious problem in Texas, and law enforcement agencies take family and dating violence, as well as the threat of violence, seriously. According to the Texas Advocacy Project, one in three Texans will experience domestic violence at some point in their lives. Girls and young women between 16 and 24 experience the highest rate of domestic violence, at triple the rate of the national average for intimate partner violence.
Domestic violence isn't limited to a hit, kick, or punch. It also encompasses behavior like stalking, threats, and emotional abuse. But where is the line? When does a simple verbal fight, with threats and harsh words on either side, become domestic violence in Texas?
The Texas Family Violence Statute
Whether your actions fall under the Texas family violence statute will depend on the nature of your relationship with your accuser and your alleged actions against them.The law describes "family violence" as:
What Happened? Arrested in Houston, But I Can’t Remember Anything
An arrest is always stressful and frightening, raising worries about the possible consequences of a conviction and jail time. But if the police arrest you and you realize that you can't remember what happened the next day, you may be even more concerned. How can you defend yourself if you have no idea what you did or didn't do? But this arrest isn't something you must handle on your own. An expert in criminal defense law like attorney Doug Murphy can aggressively defend you and protect your rights regardless of the holes in your memory.
What Do I Do After a Houston Arrest?
Knowing what to do after an arrest can help protect you and your rights.
- Don't Talk to Police: If you're arrested in Houston, it's important to remember that you don't have to talk to the police. Aside from providing basic information about who you are, you are under no obligation to answer their questions. The Fifth Amendment protects you from being forced to incriminate yourself.
Can I Face Texas State and Federal Charges for the Same Crime?
If you're facing criminal charges in Texas and federal courts, you're undoubtedly worried about what might happen. Can you go to trial in two courts for the same crime? Can you hire the same lawyer for both? You can face both federal and state charges for the same crime in Texas. But you'll need a lawyer who is an expert in criminal defense, with extensive experience in both federal and state court by your side.
Federal Versus State Jurisdiction
Whether you face state or federal criminal charges largely depends on the statute you've allegedly violated. In Texas, the state penal code defines criminal conduct. It includes many "state crimes," such as murder, sexual assault, driving while intoxicated, or assault. These crimes are typically prosecuted solely by the state of Texas and investigated by state or local police and sheriff departments. The state handles most of the criminal cases in Texas.
But the United States Code also defines criminal conduct and actions that violate federal law. Some examples of federal crimes include:
First Responders and Texas DWI Arrests
We don't often think about police officers, firefighters, and other first responders being pulled over by the police, but it happens. A drink or two with dinner, a night out at the bar watching basketball, a weekend at the lake, or even just date night can result in the police pulling over another law enforcement officer or first responder for a suspected DWI.
If you're a first responder facing a DWI, it's important to remember that you are innocent until proven guilty, no matter how many people you may have arrested yourself. A DWI arrest does not mean a court will convict you. But if you're a first responder, it's important to be aware of the possible consequences of a DWI conviction, not just potential prison time or fines. A DWI conviction could affect your career. That's why you must retain an expert in DWI defense as soon as possible. A skilled attorney like Doug Murphy by your side can guide your case to the best possible resolution.
What Is a DWI?
DWI in a Self-Driving Car? It Can Happen
We hear a lot about self-driving cars and how they're the wave of the future. Whether it's Waymo or Uber, we'll start seeing these cars popping up all over Houston in the years to come. Self-driving cars, also known as driverless cars, drive autonomously with little human intervention. This differs from an autopilot system, like those found in some Tesla car models, that enhance safety but still requires a fully attentive driver with their hands on the wheel.
There are advantages to a self-driving car, from relieving driver fatigue to ensuring that cars follow all the traffic laws. More than 80% of traffic accidents are the result of driver error. Driverless cars could make driving safer and more fuel efficient. It seems obvious that self-driving cars could also reduce drunk driving if intoxicated riders let the cars take the wheel. But could you still end up with a DWI in a driverless car in Texas? While the law doesn't directly address self-driving cars, it might not be legal.
Arrests for Multiple DWIs: Lessons You Can Learn
Facing a DWI arrest in Houston can be frightening. You may be worried about possible jail time, losing your license, or whether this can affect your career. But it's important to remember that you are innocent until proven guilty. Moreover, even if a court does convict you, you're human. We all make mistakes. If we learn from our errors and strive to improve, we can move forward without looking back. But if we fail to learn from our mistakes, the consequences can be serious. That's what a Midland man recently discovered after his seventh DWI arrest.
A Conviction for a Seventh DWI
Midland police stopped the man for driving erratically on Loop 250. The Midland Police Department reported that he refused to participate in field sobriety tests or submit to a breathalyzer test. But he freely admitted that he was "highly intoxicated." The police also found "numerous" bottles of alcohol in his car.
On September 30, 2022, the Midland County District Attorney, Laura Nodolf, announced that a jury convicted him and sentenced him to 25 years in prison. This was the Midland man's seventh conviction for DWI, and he won't be eligible for parole until he's served at least one-quarter of his sentence.
How High is Too High for a Texas Marijuana DWI?
If you're facing a drug DWI for marijuana intoxication, you probably have many questions. Aside from worrying about the possible consequences of a DWI conviction, you may be questioning exactly how a marijuana DWI prosecution works. After all, a stop for a suspected DWI with marijuana isn't the same as one for alcohol. But don't worry. An experienced Texas DWI attorney like Doug Murphy can help answer all your questions and guide your case to the best possible resolution.
What is a DWI and How Does Marijuana Fit In?
In some states, DWI laws specifically apply solely to people with a high blood alcohol concentration. But Texas's DWI law is broader. Under Texas's law, you are "intoxicated" if you:
[Don't have] the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.