Posted on October 15,2024 in Violent Crimes

Domestic violence is a criminal offense everyone has heard of. It means violence against a spouse, family member, or dating partner. Even a very minor assault, like a light push, can be treated as domestic violence. You might not have heard of the crime of unlawful restraint, at least until you were charged with it. Unlawful restraint is exactly what it sounds like - interfering with someone’s freedom of movement without a lawful reason. Domestic violence and unlawful restraint are often charged at the same time because it is very common for one person to restrain the other during a domestic dispute. An experienced Houston, TX domestic violence lawyer can help if you have been charged with unlawful restraint or other assaultive offenses.

Restraint As a Means of Preventing Violence

Many men would say that if a woman tried to hit him, he would restrain her instead of fighting back. While restraining the person who is assaulting you is generally a good way to prevent the situation from escalating and someone from getting hurt, it can also lead to criminal charges. If the police arrive and you have no evidence that your partner was attacking you when you restrained her, you may well get arrested.

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 Posted on October 10,2024 in Criminal Defense

Police only need reasonable suspicion that you were committing a crime to pull you over. It does not take much evidence to allow a police officer to initiate a traffic stop. However, police must meet a higher standard to search you or your belongings. Illegal searches can violate your Fourth Amendment rights. People often have their vehicles searched during a DWI stop, legally or otherwise. If the police searched your car during a DWI stop and you have been charged with another crime as a result, you need an experienced Houston, TX criminal defense lawyer to fight for you.

Searches to Ensure Safety

Police officers can search your vehicle without a warrant if they believe it is necessary for their immediate protection. This generally only applies if police can articulate that exigent circumstances existed and a search was necessary to prevent harm.

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 Posted on October 07,2024 in DUI/DWI

People are initially pulled over on suspicion of DWI only to be arrested on multiple charges after drugs, illegal weapons, or evidence of other crimes are found in the vehicle. When a person is arrested, the police are normally able to search his or her immediate surroundings. However, in some cases, the police can search your car first and arrest you second. If you have been accused of a DWI, drug possession, or another offense, you need an experienced Houston, TX criminal defense attorney to help you.

Vehicle Searches During DWI Stops 

Can police search your car when you have been stopped on suspicion of DWI? It depends on what happens during the stop. Generally speaking, police cannot search a vehicle after a normal traffic stop. For example, police cannot order you out of the vehicle and tear through your things if you were stopped for running a stop sign. The same is true when you are stopped on suspicion of DWI.

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 Posted on September 27,2024 in DUI/DWI

Blood and breath tests are considered a type of search. Chemical testing after a DWI stop is essentially "searching" your body for signs of drugs or alcohol. This means that you have certain constitutional rights when it comes to having a blood or breath test imposed on you. Most people - often unintentionally - consent to chemical testing after being arrested on suspicion of drunk driving. However, certain conditions must be met before you can be forced to submit to testing. If you are accused of a DWI, you need an experienced Houston, TX DWI attorney. 

Breath and Blood Tests During DWI Stops 

Once you are stopped on suspicion of DWI, the police officer will assess the situation and determine if you appear to be intoxicated. Intoxication simply means that you are not able to drive your vehicle safely because you have consumed drugs or alcohol. Police do not necessarily have to prove that your blood alcohol concentration (BAC) exceeds the legal limit to arrest you for DWI. Instead, they can infer that you are intoxicated from circumstantial evidence.

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 Posted on September 23,2024 in DUI/DWI

Getting stopped by the police is arguably one of the worst feelings in the world. The consequences of a traffic stop can be even worse if police believe that you are driving while intoxicated. First-time DWI offenses carry harsh penalties, including possible time behind bars and the loss of your license.

If you are facing DWI charges in Houston, it is important to get the help of an experienced criminal defense attorney. Houston DWI attorney specialist Doug Murphy will make sure that you exhaust every possible argument in your defense. Many times, attacking the validity of a traffic stop, search, or seizure can be enough to defeat DWI charges. A well-qualified Houston, TX DWI attorney can help.

Traffic Stops Require Reasonable Suspicion

The Fourth Amendment to the United States Constitution offers a lot of protection to everyday citizens. Under this amendment, you have the right to be free from unlawful searches and seizures. This right also extends to other interactions with police, including traffic stops. Specifically, police cannot require you to pull over and question you whenever they want. Rather, police must have some reason to believe that you have violated the law in some way.

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 Posted on September 18,2024 in Criminal Defense

If you go by the legal definition, a riot is a shockingly common occurrence. You only need seven participants to legally have a riot. If you were recently involved with a group of people who became unruly and damaged property, obstructed law enforcement, or impeded another person’s legal rights, there is a risk that you could be arrested and charged with rioting. It may be surprising how little it takes to get charged with this crime. You do not need to have had any malicious intent - a good many people have been arrested for rioting while celebrating a sports victory. If you are charged with the offense of rioting, you need an experienced Houston, TX criminal defense attorney.

What is Considered a Riot in Texas?

While most people picture a horde of hundreds of angry people running down the street smashing things and starting fires when they hear the term "riot," the legal definition is not nearly so dramatic. Texas may refer to a situation as a riot if a group of at least seven people either: 

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 Posted on September 13,2024 in Violent Crimes

There has been a nationwide push to protect healthcare workers against workplace violence. This is in response to an overall increase in the frequency and severity of physical assaults against nurses and other healthcare workers in hospitals and outpatient clinics. Texas responded by updating its assault laws to make any assault against a healthcare worker on hospital property a third-degree felony. This means that you will automatically be charged with a crime similar to aggravated assault if the victim was a nurse, CNA, doctor, or other staff member at a hospital or clinic. If you have been accused of assaulting a healthcare worker, you need an experienced Houston, TX felony assault attorney.

Who is Considered a Healthcare Worker Under the New Assault Law? 

Texas’s healthcare worker assault law covers all hospital personnel. You can be charged with a felony assault if the victim was a: 

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 Posted on September 06,2024 in Sex Crimes

Technically, it is perfectly legal to work as an escort. An escort is a person who is paid for his or her time, not for sex. There are plenty of agencies operating escort services in Texas, and many of them are registered, tax-paying corporations. However, few of these agencies survive their first sting operation. The problem with escorting is that it is nearly always a cover for prostitution. It would be quite rare for a person to accept a job as an escort and not quickly find out that he or she is expected to have sex with the clients. No matter how the agreement is worded, being paid to have sex is a crime in Texas. If you have been arrested for prostitution or for promoting prostitution, you need an experienced Houston, TX sex crimes attorney to help you.

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 Posted on August 30,2024 in Violent Crimes

Almost a year ago, the state of Texas increased the penalties for assault against a family member under HB 1589. The bill increased the penalty for assault with bodily injury against a family member. While the offense is usually a Class A misdemeanor if the defendant has a prior conviction for violation of a protective order in a family violence case, assault against a family member can now be charged as a third-degree felony.

There are significant differences between a misdemeanor and a felony, not only in immediate legal penalties but also in adverse future consequences. While assault against a family member is a serious offense, the situation may not always be what it looks like to arriving law enforcement officers. It also may not entirely be the story one person tells the police.

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 Posted on August 26,2024 in Theft

Texas SB 224 was signed into law on May 29 to address the rising number of catalytic converter thefts in the state. Harsher penalties make the theft of catalytic converters a felony while allowing prosecutors to treat multiple thefts as organized crimes. While this new law has resulted, at least in part, in the number of catalytic converter thefts dropping across the state, these thefts may also be dropping because of lower precious metal prices.

Regardless of why there are fewer catalytic converters being stolen, the extremely harsh penalties of the new law can result in many years in prison if you are convicted. Once a prison sentence is over, a felony conviction can have many unintended consequences, including the inability to obtain employment or even rent an apartment.

If you are facing catalytic converter theft charges, take these charges very seriously. Contact a Houston, TX theft attorney from Doug Murphy Law Firm, P.C.. We will provide you with experienced legal representation, fighting hard on your behalf to avoid a conviction.

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