Waco Texas Legal Blog

How does the national sex offender registry work?

On behalf of Hunt & Tuegel, PLLC posted in federal criminal defense on Saturday, January 12, 2019.

If you or someone you know has been arrested for a sex crime in Texas, you will want to learn about some of the potential penalties associated with a conviction for these types of offenses. One of the penalties may be the requirement to register as a sex offender depending on the offense.

One thing people should be aware of is that there is a national sex offender public website. This is a function of the U.S. Department of Justice. This website and its associated mobile app provides a variety of information about registered sex offenders but there is no national program for collecting consistent data nor is there national responsibility for doing so. Instead, all information available via the NSOPW is fed to it via the individual states, the District of Columbia, U.S. territories or Indian tribes.

Understanding field sobriety tests

On behalf of Hunt & Tuegel, PLLC posted in criminal defense on Saturday, December 29, 2018.

If you have been arrested in Texas and charged with a driving while intoxicated offense, you may well be scared about what might happen to you next. This is very understandable, and it is important at this point to learn not only about the defense process but also about the arrest process. The tests used by officers may be important evidence used against you and you should know exactly what they are and what they mean.

It is common for officers to ask drivers to perform what are called field sobriety tests. These generally involve walking along a straight line, balancing on one foot and watching for a specific eye movement with a light. You might assume that these tests are part of how police prove that you might be drunk. However, as explained by FieldSobrietyTests.org, that is not the case at all. These tests, in fact, are unable to prove impairment.

Facing the power of the federal government

On behalf of Hunt & Tuegel, PLLC on Friday, December 21, 2018.

What is a walk and turn test?

On behalf of Hunt & Tuegel, PLLC posted in criminal defense on Thursday, December 6, 2018.

Anyone who is accused by Texas law enforcement of driving under the influence of alcohol should be aware of how the prosecution will attempt to prove their case. If you find yourself in such a situation, chances are the police had administered a field sobriety test at the time they pulled you over. One of these tests is known as the walk and turn test.

According to FieldSobrietyTests.org, the walk and turn test is a simple test conducted by a police officer. At first, the officer will provide instruction on how to perform the test, after which the officer will confirm that you understood what the officer had just said. The test will then commence. A walk and turn entails taking nine steps forward and nine steps back, taking steps from heel to toe on an actual or a fictitious straight line while counting each step.

How the Fifth Amendment protects those accused of crimes

On behalf of Hunt & Tuegel, PLLC on Friday, November 23, 2018.

Facing criminal charges is a scary thing. Depending on the seriousness of the alleged crime, you could risk anything from jail time to the death penalty in Texas. Knowing your rights before you get into legal trouble is the best option, but many people aren't fully aware of their rights as American citizens. That can lead to mistakes both when dealing with law enforcement and when strategizing for your criminal defense.

Specifically, understanding when you should speak and when you should remain silent is often a difficult decision. This is particularly true because law enforcement will do their best to get you to waive your rights, and prosecutors in court will try to get you to say something incriminating. Standing up for yourself is important with law enforcement, and it is also important when you wind up in court.

What are the penalties for terrorism?

On behalf of Hunt & Tuegel, PLLC posted in felonies & violent crimes on Friday, November 23, 2018.

Texas and federal legislators, courts and enforcement professionals tend to take potential terrorism very seriously. If you were to face these types of charges, it would not be surprising for the prosecution's evidence to result from the work of joint task forces involving local law enforcement and federal agencies, such as the FBI.

This combination of high enforcement priority, tough interpretation of the law and strict statutory penalties could list any terrorism charge you might face among the most challenging events in your life. However, each situation is different. There could still be hope to reduce the consequences, weaken the prosecution's position or reach an agreement, depending on the details of your case.

Racially charged threats lead to misdemeanor assault charges

On behalf of Hunt & Tuegel, PLLC posted in criminal defense on Monday, November 5, 2018.

Contrary to popular belief, assault charges stem not from physical violence but from the threat of violence. This is as true in Texas as it is in North Carolina, where a 51-year-old white woman who threatened to pull a concealed weapon on two African-American sisters is now facing misdemeanor charges for simple assault.

The incident occurred in mid-October. The two sisters were waiting in the parking lot of a Charlotte apartment complex for assistance from AAA. Video captured of the incident appears to show the woman accosting the two sisters, asking if they lived in the apartments, making seemingly irrelevant comments regarding race and how much money she earns and threatening the two by allegedly asking, "Do I need to bring out my concealed weapon too?"

Is expungement an option available to you?

On behalf of Hunt & Tuegel, PLLC posted in criminal defense on Friday, October 26, 2018.

Having an arrest on your record can haunt you long after the criminal matter you stand accused of in Waco is resolved. Such a record can bar you from obtaining certain types of housing, and even potentially interfere with you getting a job. Thus, it certainly is in your best interest to try and have any such action removed from public records. However, not all criminal offenses are eligible for expungement. Knowing which ones are might save you a good amount of both mental and emotional effort.

According to Section 55.01 of the Texas Code of Criminal Procedure, you are eligible for expungement if you were arrested for a crime and later acquitted, or convicted but then later pardoned. The only exception to the rule of you being acquitted is if you are still subject to another charge stemming from the same alleged criminal episode. You can also have an arrest expunged if, immediately following your release, to criminal charges remain pending and no final conviction in your case is ever reached.

Falls the leading cause of fatal injury among older adults

On behalf of Hunt & Tuegel, PLLC on Wednesday, October 10, 2018.

As an older American living in Texas, you face a higher risk of falling than those younger than you, meaning you are more susceptible to environmental hazards and other obstructions that younger people may be able to easily avoid. At Hunt & Tuegel, PLLC, we understand just how often falls are a factor in senior hospital visits, injuries and fatalities, and we have helped many older Americans who suffered because of someone else's actions or negligence pursue appropriate recourse.

According to the National Council on Aging, slip-and-fall accidents are now responsible for more than 800,000 hospitalizations, 2.8 million injuries and 27,000 fatalities every year. Furthermore, falls are now the leading reason older Americans visit hospitals, and they are also the top cause of fatal injury among older adults. Just what is it about aging that places you at such a high risk for falling?

Understanding how challenging evidence works in a Texas court

On behalf of Hunt & Tuegel, PLLC on Tuesday, September 25, 2018.

Facing serious criminal charges can leave someone feeling quite vulnerable. After all, your entire future rests in the hands of a judge and a jury of 12 of your local peers. Depending on the seriousness of the crime, you could face fines, jail time or even the death penalty. The more serious the crime that you are accused of, the more serious the consequences and the more important it becomes to mount a rigorous and well-planned defense.

One area of defense that can help those accused of serious crimes is the process of challenging evidence as submitted by the prosecution. Understanding how one challenges evidence in court can help determine if the strategy could work beneficially in your criminal case.