Grand Theft Auto in Texas

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There’s nothing fun or game-like about being charged with grand theft auto (or grand larceny automobile) in Texas.  If you are convicted of this crime, you can expect to spend a minimum of 180 days in jail plus fines. Aside from that, you may be put on record as a thief, even if all you did was borrow your neighbor’s car. It is in your best interest to get a criminal lawyer as soon as possible after being charged with grand theft auto to mitigate the situation as early as possible.

There is no section in the Texas Penal Code that deals specifically with automobile theft, grand or otherwise. Stealing (or borrowing without permission) a motorized vehicle falls under Title 7 Chapter 31 of the Texas Penal Code which deals with theft of property in general. The severity of the charges will depend on the value of the car. This ranges from a Class B misdemeanor for vehicles with a market value of less than $500 to a 1st degree felony for vehicles valued at over $200,000. Surprisingly though, there is a section dealing specifically with the “Unauthorized Use of a Vehicle” (Texas Statutes – Section 31.07). It is considered a state jail felony with a minimum penalty of 180 days imprisonment and fines up to $10,000.

Charges can be escalated if a weapon was used to execute the theft, if the defendant is a government contractor or in public service, and/or has prior convictions for theft. Other factors that can increase severity of the charges include when the victim is elderly or the vehicle is the property of a non-profit organization.

If you ever come under suspicion for theft of an automobile, don’t wait for an indictment to get legal representation. Not all charges  will end in conviction if the case is handled properly.

Handling False Allegations of Rape

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Sexual assault is non-consensual, unwanted contact where the victim is coerced, threatened, or manipulated. Rape is a type of sexual assault that involves penetration of the sexual organ or anus by any means. It is a serious crime in any state, and carries heavy consequences when convicted.

Rape carries with it not only legal sanctions but also social ones. Once a person is convicted of, or even charged with, rape, a stigma is attached that can deeply affect that person’s life and career. It is therefore important that when allegations of rape are brought against you to reserve your defense and engage a competent criminal lawyer at once.

It is difficult for most people to imagine that anyone would ever falsely accuse another person of committing rape, so the default reaction is to believe the accuser even when there are no witnesses and no physical evidence to support the accusation. But the fact is there are numerous, well-publicized instances in which a victim, with or without malice, falsely accused someone of rape for a variety of reasons. This may include:

  • Anger
  • Desire for fame and/or financial gain
  • False memories
  • Fear of parents or other figures of authority
  • Inebriation
  • Revenge

It is very difficult to counter allegations of rape unless the defendant has a verifiable and undeniable alibi. Oftentimes it involves questioning the credibility of the plaintiff and making a thorough investigation of the case. Many unpleasant facts are uncovered in these investigations, but it cannot be helped. A criminal lawyer handling false allegations of rape needs to be aggressive to mount an effective defense.

Rape charges cannot be taken lightly at any time, and simply denying them or attacking the victim is not the way to make it go away. Individuals facing such serious charges need to take action immediately and do everything they can to avoid the potentially devastating effects that a conviction for sexual assault can bring.

Understanding Assault

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Assaults are one of the most common kinds of violent crimes committed in the United States, but many people are unaware of the exact way an “assault” is defined.

violent crime in the USMost people know that one way for an assault to occur is for one individual to physically attack another. However, by law, an assault does not need to involve a physical act of violence. In fact, when another person’s actions are sufficiently threatening to make you fear for your personal safety, you may be a victim of assault.

Because an individual can be accused of assault if his or her behavior is threatening, police are able to intervene before anyone is actually hurt. Nevertheless, words alone can never constitute an assault and must be accompanied by some form of threatening behavior.

Depending on your state’s laws, there can be different kinds of assault. While most states differentiate between an assault and an aggravated assault (specific cases of assault that include those involving weapons or that occur with intent to rape), some have various degrees of assault encoded in their statutes while others do not.

 

Kiddie Crime is Serious Business

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“Juvenile delinquents” refer to minors who engage in activities that would be considered criminal if done by an adult. Some are petty crimes while others are more serious. The most common offenses include:

  • Trespassing
  • Vandalism
  • Shoplifting
  • Burglary
  • Auto theft
  • Drug offenses
  • DUI

A minor between the age of 7 and 18 will most likely be tried as a juvenile, although there are circumstances where a minor may be tried as an adult, such as repeat offenses or serious crimes like first-degree murder. Children below the age of 7 are generally not tried at all; in some cases it is the parents who are prosecuted.

However, there is a growing trend among prosecutors to get minors tried as adults for crimes such as DUI, sexual assault, or drug possession because the penalties are more severe than what they would be in juvenile court. Whether the minor is tried in juvenile court or in normal court, formal charges and convictions become a matter of record and this can have significant consequences for future education and employment opportunities.

If your child is arrested for a crime, it is important to immediately engage the services of a criminal lawyer experienced in dealing with juvenile cases. If it is at all possible, the lawyer will take steps to avoid formal charges. Failing that, the next best thing would be to avoid the child being tried as an adult, as those records are more difficult if not impossible to expunge (destroy) than if the conviction is that for a juvenile. In Texas, once an individual reaches the age of 21 and has not been convicted of any crime after the age of 17, juvenile records are automatically placed on restricted access. A petition to have the records expunged may also be executed; expunction is not automatic.

 

Man Dressed as Cookie Monster Accused of Endangering Child

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A man dressed up as Sesame Street’s popular Cookie Monster was arrested on Sunday and is now being charged with aggressive begging and endangering the welfare of a child. The man, a Queens resident, was arraigned yesterday.

The man was posing for photos in his costume in Times Square. After a Connecticut family snapped their photo, he demanded they pay him $2. The family refused to pay, which, according to a criminal complaint, resulted in the man shoving the 2-year-old boy with which he had been photographed and yelling swear words at the family.

The 33-year-old did not submit a plea and his attorney has been tight lipped so far.

Costumed individuals in Times Square have become a bit of a nuisance and the city is looking for a way to address this issue while protecting their right to free speech.

Domestic Violence Charges

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When tempers flare in the household, some regrettable things are said and done that can ruin relationships, and depending on the situation, may even land you in jail. Domestic assault or violence charges can be levied against anyone for threatening a partner or family member with violence or a deadly weapon. No actual injuries have to occur; it is enough that the victim has a reasonable apprehension of danger.

Domestic assault is a misdemeanor, but it is by no means taken lightly. A law enforcement officer summoned to a domestic quarrel can arrest someone who is being accused of domestic violence if there is probable cause, such as a witness to the assault. The police officer does not have to personally witness the crime. If convicted, the penalty could be as much as a fine of not more than $500 for a first-time offender with no bodily injury, to possible imprisonment of up to 20 years plus fines for a repeat offender and/or in incidents that include bodily harm.

A judge may issue a restraining order against the accused barring contact with the alleged victim even before an indictment or any formal investigation is carried out. This is in the nature of “just in case.” In many cases of domestic violence, the charges are withdrawn when things have cooled down or issues are resolved at home before the case can be brought to court. In this case, the defendant is usually released and there is no further need for a criminal lawyer. But if that is not likely to happen, it would be wise to get legal representation as soon as possible, especially if the defendant has had previous convictions.

The worst case scenario for a domestic violence charge is when it is compounded by the use of a deadly weapon resulting in grave injury. This elevates the misdemeanor to a first degree felony, carrying a potential sentence of imprisonment for life. A seriously experienced and knowledgeable lawyer would be needed to mount a proper defense in such cases.

The Laws on Cocaine Possession

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Being convicted of anything drug-related is a big deal. Both the federal and state governments are cracking down on unsupervised use of even drugs which are considered “legal” i.e. prescribed or medicinal drugs; more so with illegal drugs such as cocaine. Cocaine is in the Penalty Group I category for illegal drugs. Mere possession of cocaine carries a penalty of up to 2 years imprisonment and $10,000 in fines even for first-time offenders if the case is not handled competently.

Possession of a schedule 1 drug charges are particularly serious, as there are stiff penalties if one is convicted. A charge of cocaine possession can take several forms. Simple possession is when only a small amount of cocaine is found (which in Texas, for example, is less than 1 gram), and the presumption is that it is for personal use. A charge of possession with an intent to sell is much more serious, and it doesn’t matter if there was any intention of selling; the charge will stick if there is one gram or more of cocaine found. The penalties for this charge are a minimum of 2 years up to 99 years, and fines of not more than $50,000.

It is not necessary for cocaine to be found on a defendant’s person or to prove actual use of the substance for a charge of possession of cocaine. Any quantity found in the car, locker, apartment, or place of business of the defendant is enough. This is called “constructive” – as opposed to actual – possession. For example, if you offered a ride to a friend and a packet of cocaine fell out, which police subsequently found when you were stopped for an unrelated traffic violation, you could be charged with possession. It may not seem fair, but it’s the law.

If you are charged with any Cocain possession charge, it may be possible to avoid the maximum possible penalties, but in most instances, it is not possible to achieve this outcome without the help of a criminal lawyer. However, drug-related charges can affect an individual’s life for years to come, so it is important to do everything possible to avoid a conviction for cocaine possession.

Overtime is a Crime

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Overtime laws in Texas

If you are employed in the state of Texas, there are some things that you need to know about what you are entitled to under the law. One of these is overtime pay, which may be a significant amount if you regularly work more than 40 hours per week. Overtime pay, under the Fair Labor Standard Act (FLSA) is at least 1.5 times the hourly wage. If you are eligible to receive overtime pay but you don’t get it, it may be time to contact overtime attorneys.

What are the laws on overtime in Texas?

In the US, states are allowed to have their own labor laws as long as they don’t contravene FLSA regulations. For example, some states may mandate a minimum hourly wage of $10, which is fine since the FLSA minimum wage is $7.80 as of the start of 2013. However, a state may not impose a minimum hourly wage of less than $7.80.  Disabled employees with impaired productive capacity may be paid a wage lower than the minimum, but a company must get state approval before they can do this.

Texas follows the FLSA regulations closely, and that includes laws on overtime pay. Overtime is defined as work hours over and above 40 hours in a work week or 7 consecutive periods of 24 hours. Any eligible employee who works more than 40 hours is entitled to overtime pay for the excess hours at the hourly wage times 1.5. For example, if an employee’s hourly wage is $10 and works 45 hours that week, the employee is entitled to get overtime pay of 5 hours x $15. There is no maximum limit to the number of overtime hours an employee may work or to the premium an employer may choose to pay.

Who are exempt from overtime pay?

An employer may not impose a contract on an employee waiving overtime pay. However, employees who make more than $455 a week or works on a yearly salaried basis are not eligible for overtime pay. Executives, professionals, administrative and outside sales employees are likewise exempted, as well as some computer employees.

In Texas, teachers, amusement park employees on a seasonal basis, fishing vessel workers, foreign vessel seamen, taxi drivers, journalists, workers on a farm, domestic service providers and casual babysitters, employees in movie theaters and the sales personnel in auto companies are not eligible to receive overtime pay. Employees in certain agricultural and healthcare industries are partially exempt.

When do you need overtime attorneys?

If you are unsure if you are an employee exempt from overtime pay, consult with your local Wage and Hour Division office to get your facts straight. If you are eligible for overtime pay and your employer refuses to give it, then it is time to get in touch with overtime attorneys who can get you what you’re entitled to in the first place.

What is a Federal DUI?

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In the past, driving under the influence of drugs or alcohol was often treated as only a minor traffic violation, something the offender might simply be warned not to do again. However, over the past several decades, the attention and approbation focused on drunk driving has dramatically changed this equation. Now, DUI charges can have serious penalties and could impact the rest of your life, particularly for offenses known as federal DUIs.

A person can be charged with federal DUI when he or she is caught drunk driving in any federally-owned land, such as national parks, airports and government lots and properties, military bases, and even national monuments. These arrests are brought into a federal trial or else in the state in which the arrest was made and according to that state’s law.

Refusal to take any test when you are pulled over for drunk driving can only increase your chances of having added charges, such as misdemeanor charges. If you have been caught with a minor inside the car while drunk driving, it can also increase your chances of higher fines and even increased jail-time. Reckless driving is also a factor that most officers look into when making a DUI arrest.

The penalties for federal DUI can be more severe than those with regular DUI charges. Depending on certain circumstances, the penalties and punishments for federal DUI charges range from fines of US$5, 000.00 or more to even five years imprisonment. With such heavy fines and penalties, it’s no wonder that getting trustworthy and reliable DUI lawyers as soon as possible is the first step taking by most individuals arrested for DUI.

It is important that people charged with federal DUI should pursue a DUI lawyer. For one, DUI lawyers understand more about drunken driving cases than other types of lawyers. In light of the seriousness of this type of charge, it is critical to have the most effective legal assistance possible in this circumstance.

Healer Accused of Infecting 16 People with HIV

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acupuncture HIVA Swiss man claiming to be a healer has been detained by the police after he began skipping his own trial. The trial began on the sixth, but the accused criminal, who was released on bail last August, stopped attending last Thursday.

The man is on trial for allegedly infecting more than a dozen people with HIV through acupuncture needles. Police got their first scent of the trail when an infected individual traced his affliction back to the acupuncture he received from the suspect.

In addition to his healing services, the suspect ran a music school that was attended by most of the HIV victims.

The 54-year-old was arrested Friday after being found barricaded in his house along with an unknown woman, who was also arrested.