In September of last year, the Star-Telegram reported that a Texas man was sentenced to life in prison for shoplifting – at least that’s what the headline said. The story went on, though. It appears that the man was attempting to leave a Walmart in Fort Worth with a television valued at $348 without paying for it. On the way out, he knocked down a store employee, who was apparently in a weakened condition, and was awaiting a liver transplant. The employee died nine days later.

The reports do not provide much detail as to the original charges filed against the thief, and it appears that the cause of death of the store employee was cirrhosis, and was not the result of being knocked down during the theft. Ultimately, the jury found the defendant guilty of aggravated robbery, which, when it results in serious bodily injury, is a first degree felony in Texas. First degree felonies can result in a life sentence.

This provides us with the opportunity to talk about a few of the possible charges that could emanate from what most people would consider simple theft.

Under section 31.02 of the Texas Penal Code, a variety of theft offenses, including shoplifting, swindling, embezzlement, etc., were consolidated, and are all included in the general definition of “theft.” Where, as in the Walmart case, the value of the property is more than $50 but less than $500, the charge constitutes a Class B misdemeanor. Class B misdemeanors are generally punishable by a fine of up to $2,000, six months in jail, or both. But thefts often include related conduct that affords the prosecutor the ability to charge the offender with other crimes.

If, during the course of a theft, the person knowingly, recklessly or intentionally causes bodily injury to another person, he is guilty of robbery, which is a second degree felony punishable by between two and twenty years in prison, and a fine of up to $10,000. If the injury is “serious” the offense becomes aggravated robbery, a first degree felony carrying a maximum sentence of life in prison.

Finally, a theft that occurs in a building or home may, under certain circumstances, constitute a burglary, which is generally punishable as a “state jail felony” (generally six months to two years in jail), but may rise to the level of a first degree felony (if, for example, it takes place in someone’s home).

The lesson in all of this is that what appears on its surface to be a simple law can become quite complicated. We have pointed out only a few of the variations on a simple shoplifting offense that could convert a misdemeanor to a first degree felony.

If you have been charged with a theft or theft-related crime, you need quality legal representation to adequately understand and respond to the charges against you. Contact an experienced Austin theft crimes attorney who knows the law and, as a former prosecutor, can guide you through the criminal justice process.

White & Measells, LLP
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737

According to statistics provided to the FBI by the Austin Police Department, crime in the city is down in just about every category between 2010 and 2011. The Austin PD preliminary Crime and Traffic Report for 2011 was released last week, and the results appear to be good news for all of us. The highlights of the report are as follows:

• Violent crime down 9%.
• Property crime fell 8%.
• Murders down 29%.
• Rapes down by 20%.
• Auto theft fell by 10%.
• Traffic fatalities slightly higher by 2%.
• Traffic fatalities involving a driver impaired by alcohol down by 60%.

A detailed reading of the report indicates further that not only did the major crime categories (violent crime and property crime) experience a decline over the past year, the subcategories likewise showed a decrease. In the case of violent crime, that includes murder, rape, robbery and aggravated assault. For property crimes, the grouping covers theft, burglary and auto theft. And while traffic fatalities rose 2%, those involving DWI decreased by a whopping 60%. So far, so good.

What caught our eye was not so much the welcome news that there is a trend toward a reduction in crime; rather, we were struck by the information in the report regarding the “solving” of Austin crimes.

When is a Crime Solved?

Toward the end of the report, there is a short section entitled “Solving Crime.” A couple of things stand out: first, the rate of solved crimes is only 48% for violent crimes and 12% for property crimes; second, we were nonplussed by the definition of the word “solved.”

On the latter point, the report says that crimes are solved, or cleared, in one of two ways. In some circumstances, through the death of the alleged perpetrator, the unavailability of the alleged offender due to his absence from this jurisdiction and the inability to extradite, or the refusal of a witness to cooperate, the cased is marked as cleared “by exception.” The bulk of the cases, however, are “solved” by the alleged offender’s arrest.

Isn’t something missing here? We know that in our criminal justice system, all defendants are innocent until proven guilty. The fact that you have been arrested is proof of just that fact, i.e., that you have been arrested. What about the indictments that are thrown out or that are simply not returned? And how about the cases that are dismissed, or where the jury, or the judge, finds that the defendant is not guilty?

That’s where we come in. We know that our clients are not guilty unless and until they are found to be so by a court of law. If you have been charged with a crime, contact an experienced Austin criminal defense lawyer who will fight for your rights every step of the way.

White & Measells, LLP
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737

As criminal defense lawyers, we know and stress to our clients that test results are not infallible. Just because a test result has been obtained that appears to have a negative impact on a defendant in a criminal case, does not mean the case is lost. The truth is that machines malfunction, chemical test results are affected by impurities, and human error is always a possibility. Thus, whether you’ve been charged with a DWI based in whole or in part on breathalyzer results or a blood test, or with a drug offense, or with any other crime where the evidence involves forensic analysis, an experienced Austin criminal attorney can challenge the state’s case, even when the evidence is supported by results from a crime lab.

Of course, when we speak of malfunctions, impurities and human error, most people assume we’re talking about minor lapses. Earlier this year, however, reports surfaced charging the Austin Police Department crime laboratory with multiple irregularities in performing drug analyses involving cocaine, marijuana and “ecstasy”. In reports on the APD crime lab, allegations have also surfaced of “drylabbing”, which is defined as the reporting of results of tests that were never performed. The charges were filed with the Texas Forensic Science Commission, which voted unanimously on April 13 to open the investigation, and is appointing a three-member committee to lead it.

One of the complaints was filed by Integrated Forensic Laboratories of Euless, Texas. Although all the details of the complaint are not available, a director of Integrated is quoted as stating that his company “worked several cases behind Austin PD’s controlled substance lab and found problems so large, I feel I am ethically bound to bring them to your attention.” We will continue to follow the story as it unfolds.

Criminal Attorney in Austin

If you have been charged with a DWI or other crime, and the case against you includes the results of forensic tests, contact former prosecutor David D. White at White & Measells today. He has the experience and knowledge to provide you with a thorough and aggressive defense against any charges against you.

White & Measells, LLP
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737

Texas cracks down harder on marijuana than most states. It’s been estimated that over 50,000 people are arrested every year for marijuana possession in the Lone Star State, and that marijuana arrests count for five-percent of the total arrests made in Texas every year. Even if you’re carrying even only a miniscule amount of marijuana on your person, in Texas this can result in up to a six-month jail sentence and a $2,000 fine—and that’s only the tip of the iceberg.

The Texas Health and Safety Code describes marijuana as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds. The penalties for possession of the illegal plant—also known as cannabis—increase with weight.

More than four ounces can land you in jail for two years, and, if you’re arrested with more than five pounds of the plant, it’s is a felony that carries up to a 10-year jail sentence. Even being caught with paraphernalia bearing the residue of smoked marijuana could result in a $500 fine.

Since it’s a controlled substance, the proposed penalties for a marijuana crime committed in a school zone or involving a minor are much higher than they would be otherwise. Additionally, anyone convicted of a marijuana crime can have his or her driver’s license suspended for six months.

Although a bill has been introduced that aims to legalize marijuana for medical purposes, it is still illegal to possess, grow or use marijuana in Texas for any reason.

Because of the wide range of penalties associated with the drug, anyone caught possessing marijuana should contact a Texas marijuana lawyer immediately. Although the penalties can be harsh, many first-time offenders can avoid jail time with the help of an experienced marijuana attorney. In some cases it’s possible to get the offense dismissed—and later expunged from your record—by agreeing to enroll in drug-awareness classes. In any event, a good attorney can advise you how you can achieve the best possible result.

If you or anyone you know has been charged with possession of marijuana, don’t hesitate to call a Texas marijuana lawyer today.

There are many reasons the state of Texas might file a motion to revoke probation (MTRP), but one thing is certain – if you have reason believe your probation will be revoked, or if an MTRP has already been filed against you, you need to contact a Texas criminal defense attorney immediately.

For many people, probation is a second chance at life. It’s an opportunity to avoid jail time while proving to the state that you can better yourself as a person. However, there are times when the strict requirements of a probation are difficult to meet. Financial struggles and a poor economy make it hard to keep up with probation payments, and—if you’re someone who has a medically documented history of addiction—it could be difficult for you to pass a urine test, which are often administered randomly throughout your probation.

The consequences of a revoked probation are serious, and are an unwelcome addition to your criminal history. Therefore, it’s important to assert your rights as an individual so that you aren’t sent back to jail unjustly. After all, a revoked probation can add years to your jail time—and it could even subject you to the maximum sentence for your underlying charge.

Everyone who’s had a motion to revoke probation filed against them has the right to a fair hearing to determine whether the motion should be granted or amended. The judge does not need proof beyond a reasonable doubt to revoke your probation!  If you’re facing an MTRP, you need an attorney who knows how to successfully work with the in court probation officer and presiding judge.. Enlisting the help of a Texas criminal defense attorney will allow you to garner evidence that builds a case in your favor and that provides proof of your good character. Such evidence will assist your lawyer in investigating the exact reasons your probation might be revoked, in negotiating with the prosecution to find an alternative punishment to jail time, or having the motion thrown out altogether.

With the help of a professional criminal defense lawyer, you can be sure that your case will be argued with the thoroughness and expertise it deserves.

Drinking and driving in Texas is never a good idea. If you’re stopped by police in the Lone Star State with blood alcohol content level higher than .08, you could be arrested for Driving While Intoxicated (DWI), a serious offense that only gets more serious with each additional conviction.

For first-time offenders, a DWI conviction could result in a six-month jail sentence, a fine of up to $2,000 and an automatic three to six month suspension of your license that begins as soon as you’re arrested. A second DWI conviction will most likely result in an ignition interlock device being placed on your vehicle, and a third DWI is considered a third degree felony, which carries a minimum two-year jail sentence.

If that sounds harsh, that’s because it is. However, there are several conditions and laws that can make the penalties for even your first DWI conviction much harsher:

• The Open Container Law. If you’re stopped for your first DWI and the arresting officer can see an open container of alcohol in the vehicle, the minimum jail sentence will automatically be raised from 72 hours to six days.

• DWI With a Minor. If you’re charged with a DWI while there is a person under the age of 15 in the vehicle, the offense will immediately be elevated to a state jail felony. You could potentially serve a state jail term of at least six months, and your fine can be as high as $10,000.

• “Implied Consent.” By accepting a driver’s license in the state of Texas, you automatically consent to a breath, blood or urine analysis to test for alcohol upon suspicion for DWI. If you are stopped by an officer and refuse to breathe into a breathalyzer, your license will automatically be suspended as a result of this law.  The duration of the suspension depends on your age and your blood alcohol content (BAC).

Drinking and driving is never okay, but breaking any of these laws and the resulting consequences can make it one of the worst decisions of your life. It’s important to hire a quality criminal defense lawyer who will give you the best chance to avoid having a DWI conviction on your criminal record.

If you’ve been charged with one DWI, or if you’ve already been convicted and are now facing another, it’s important to get in contact with a Texas DWI attorney immediately. An experienced drunk driving lawyer can help get your charges reduced and in some cases get the charge dismissed completely.

Someone underage who is caught drinking or who is caught with alcohol can be cited for “minor in possession” or “minor in consumption,” which are some of the most common types of alcohol-related citations issued in Texas. In the past few years, Texas has cracked down on this offense harder than ever. College towns like Austin are seeing record numbers of MIP and MIC citations, and police departments have begun setting up more and more “stings” for underage drinking in popular establishments.

Under Section 106.05 of the Texas Alcoholic Beverage Code, a minor in possession is defined as anyone under the age of 21 who is in possession, ownership, or control of an alcoholic beverage. It is considered a class C misdemeanor. Anyone under the age of 21 who attends a bar or nightclub risks an MIP, and it’s not necessary for that person to have consumed any alcohol to be charged. Simply holding a friend’s beer or picking up empty beer cans after a party—or sometimes being in the vicinity or proximity of alcohol enough to where it could be considered in one’s “control” or “possession”—is enough to earn a citation.

The biggest mistake anyone charged with a MIP or MIC can make is to simply plead guilty to the charge and accept the penalties. Although underage drinking is only a class C misdemeanor, pleading guilty to underage possession or consumption of alcohol will result in up to a $500 fine and, in some circumstances, a 30-day suspension of your driver’s license. Furthermore, the conviction will remain on your permanent record, which will negatively impact your ability to get into college or graduate school, to get a job or even to receive approval for a home or car loan.

An experienced Texas underage drinking attorney will fight for you in court and stand up for your rights as an individual. Enlisting the help of a lawyer is the only way to keep your record clean, expunged, and/or sealed. In many cases, with an experienced lawyer the charges for first-time MIP and MIC offenders will be dismissed altogether. Even if you don’t want to go to trial, an underage drinking lawyer can present to you other, more viable options. There’s no need to plead guilty, and it’s not the right thing to do.

If you or anyone you know has been charged with a minor in possession or a minor in consumption, don’t hesitate to call a lawyer today. An underage drinking conviction can stay with you for life.

The dictionary defines theft the same way we all do: it’s the act of intentionally taking something that belongs to someone else. But did you know that many different crimes are considered theft under Texas state law? All of them involve stealing something, but these crimes range from writing a bad check to robbing a bank at gunpoint. If you’re ever charged with a theft-related crime, it helps to know the differences between them:

• Shoplifting. Shoplifting is prosecuted under the category of theft in Texas, and its punishments are determined according to the value of goods allegedly stolen. Penalties can range from a class C misdemeanor (up to a $500 fine) all the way to felony charges if the goods have a value of over $1,500.

• Burglary. Burglary is the act of entering a building without the express permission of the owner and with the intent to commit a felony, theft, or assault. Depending on the specific circumstances of the offense, burglary can be categorized as any type of felony and can result in significant time in prison and up to $10,000 in fines plus restitution for the victim. Intent to commit a felony upon entering a habitation can automatically elevate the charge to a first-degree felony.

• Robbery. A person commits robbery if in the course of committing theft and with intent to obtain or maintain control of the property, he intentionally, knowingly, or recklessly causes fear of, or actual bodily injury to another. It is a more severe form of theft because the offender knowingly puts the victim in danger. Employing a weapon as a means of intimidation elevates the crime to aggravated robbery, which is considered a first-degree felony and carries a minimum five-year prison sentence.

• Theft of Services. You don’t need to steal anything tangible to be accused of theft. Receiving services – such as those provided by a mechanic or a plumber – and then not paying for them afterwards is considered a type of theft. Crimes of this type can be prosecuted as a misdemeanor or a felony depending on the value of the services received.

Something all these types of theft have in common is that they require the help of a Texas theft lawyer if you’re charged with one. Even a misdemeanor theft will stay on your permanent record if you’re convicted, and that’s a big red flag for potential employers. Given that it’s considered a crime of moral turpitude, it’s something employers will pay particular attention to when running background checks.

With an experienced attorney on your side, a charge of robbery could be reduced to simple burglary. Whether a felony or misdemeanor, the right attorney may might be able to help you stricken the charge from your record altogether. If you’re being charged with any sort of theft-related crime, get in touch with a local attorney today.

In Texas, there is a marked difference between a DUI and a DWI, but for a successful defense in either case the help of a drunk driving lawyer is necessary. While a conviction for either can mean fines—in some instances up to thousands of dollars—and even jail time, the DWI is the more serious crime. The easiest way to distinguish between a DUI and DWI is to look at what the letters in their acronyms stand for:

• DUI is short for Driving Under the Influence. If you are charged with a DUI, it means that you are driving under the age of 21 and the police determined that you had any traceable amount of alcohol on your breath. Although a BAC of .08% is the legal limit in most states for DWI, you still run the risk of being charged with a DUI if you drive recklessly and the police seem to think you’ve had anything to drink at all.

• DWI means Driving While Intoxicated. If you’re charged with a DWI, this means that you’ve either lost control of your physical and mental faculties and/or that a breath or blood analysis has indicated that you’ve been driving with a blood alcohol content of.08% or higher, rendering you legally too intoxicated to operate a motor vehicle.

A DUI is considered the lesser of the two charges and is listed as a “Class C” misdemeanor under Texas state law. DUI first offenders can receive up to a $500 fine and a court date, and their car can be impounded for the night. They can also be subject to probation/supervision, community service, license suspension and mandatory drug and alcohol awareness classes.

A DWI (1st), in comparison, is a more severe “Class B” misdemeanor that can carry jail time and an automatic license suspension.  Additionally, the fine for a DWI (1st offense) can be as high as $2000. What’s more, anyone charged with a DWI may be subject to perform hours of community service work and could be placed on probation for up to two years.

Drunk driving is never okay, but with the help of a Texas attorney it’s possible to reduce a DWI charge to a lesser offense—such as a DUI or Obstruction of a Passageway—or in a best-case scenario to have it dismissed. Although anyone who tests higher than a .08% BAC will most likely lose his or her license for three months regardless of whether that person receives a conviction, a reduction to a lesser offense (like DUI) involves a much lower fine and a shorter probationary period. If you’ve been charged with either of these crimes, don’t hesitate to contact a drunk driving lawyer today.