Russell D. Hunt Sr., Attorney at Law
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Waco Texas Legal Blog

What is the attractive nuisance doctrine?

As a parent in Waco, it is your job to worry about your kids. You understand that outside your doors are a number of things that can cause them harm. You hope that they will recognize any dangers that they encounter, yet because of their inexperience, they may not fully grasp the risks that certain elements pose. The expectation, then, is that those adults who have control over those elements will assist you in protecting your kids from them. Yet does that expectation (or more specifically, a failure to fulfill it) equate to liability

The Cornell Law School states that the attractive nuisance doctrine assigns the responsibility of protecting children from potentially dangerous artificial conditions to the owners of the properties on which those conditions reside. The justification for this is that property owners should expect that children (young children in particular) lack the understanding to fully comprehend the dangers that the conditions pose. This responsibility remains in place even if your child accesses a dangerous condition without the property owner's permission. 

Challenging breathalyzer accuracy

The common image associated with a charge for driving under the influence of alcohol is a person standing on the side of the road blowing into a hand-held breath measurement device. Indeed, the breathalyzer device has become so symbolic of DUI charges that many in Waco may think that a failed breath test is all that is needed to warrant a conviction. Yet in reality, breathalyzer results can often be disputed.

When a person consumes alcohol, the individual alcohol molecules permeate the lining of the organs of their gastrointestinal tract and get into the bloodstream, eventually reaching the lungs where they come in contact with oxygen and are vaporized and later expelled when the person breathes. Trace amounts of alcohol on the blood are expelled with each breath, causing more alcohol to be vaporized in order for the alcohol content in the blood to remain in equilibrium.

A DWI can change your life for years to come

A DWI is a serious charge. Even if it's the first time you've driven while intoxicated or you weren't over the .08% limit, it's possible to be penalized severely.

As someone who is facing a DWI, it is important that you are able to protect yourself and your interests. Why? A DWI can cost thousands of dollars, affect your ability to drive and impact your social circle. You might lose your job or find it hard to get the kind of work you want in the future.

Why is swimming pool safety so important?

With warm weather finally here, people in Texas are keen to visit swimming pools for a bit of rest and relaxation. While swimming is definitely fun, it's also important to take all the proper safety steps to keep you and others secure. The Red Cross explains how you can do just that. 

First and foremost, any pools you attend should have rules and guidelines in place to ensure swimmers remain safe. If alcohol is involved, adults should refrain from using the pool while drinking. Even a strong swimmer can run into trouble while inebriated, which leads to the second point; no one should ever be allowed to swim alone. This is especially true when it comes to kids, who should always swim with a buddy and have an undistracted adult supervise the entire time. If a pool is shallow, swimmers should be informed that no diving is permitted.

New bills address addicition and overdose problem

If you or someone you know in Texas has struggled with a drug addiction, you know all too well just how challenging and heart wrenching this problem can be. All around the country, more and more people are starting to realize that addiction is a problem that needs to be addressed in new ways. Those ways may not always involve putting people in jail or prison after a drug-related arrest. 

According to the U.S. Centers for Disease Control and Prevention, almost 3,000 people died due to drug overdoses in Texas in 2017 alone. Now, there are two bills making their way through the state legislature that address the problem of overdoses. The Statesman indicates these bills are similar to what many other states refer to as Good Samaritan laws.

Registration requirements for sex offenders

If you have been arrested for and charged with a sex crime in Texas, it will be important for you to learn as much as you can about the laws that relate to these types of offenses. This learning includes becoming educated about the potential consequences associated with a conviction for a sex crime. One such consequence may be the requirement to register as a sex offender.

As explained by the Texas Department of Public Safety, any person who lives, works or goes to school in Texas and who has been convicted or adjudicated of specifically designated crimes must register with the state's Sex Offender Registry Program. This includes any person who was convicted or adjudicated of a crime in another state but now lives, attends school or works in Texas.

Texas law penalizes various "computer crimes"

As technology continues to advance at a rapid pace, Texas laws relating to computer crimes often change to accommodate new elements of criminal behavior. While many state residents understand that identity theft and phishing scams count as computer fraud, there are several other types of activities that are illegal under the computer crimes statute.

The National Conference of State Legislatures indicates that Texas is one of five states with laws that specifically include language relating to computer extorsion programs, such as "ransomware." The detailed language in the computer crimes law may make it easier for the state to prosecute crimes related to malware or ransomware.

Can you challenge the validity of evidence because of the search?

There are many strategies that individuals can employ in the attempt to defend themselves against serious criminal charges. Strategies vary depending on the circumstances that led to your charges, but some strategies are common for a wide range of crimes.

Challenging the validity of evidence is a common strategy, regardless of the criminal charge involved. People challenge evidence for violent crimes, as well as for impaired driving allegations. One tactic people use is to challenge the validity of the evidence itself or the chain of custody.

The role of therapy in the recovery of a sex offender

Because sex crimes are so serious in nature, many people immediately feel resentment and anger toward perpetrators of such crimes in Texas. While their feelings are justifiable, there are often deeper problems that have affected an offender for years preceding their offense. One of the many ways that professionals are actively working with offenders to help them overcome debilitating issues is with the implementation of therapy. 

A customized treatment program that breaks down an offender's past, acknowledges his or her history and personality, and is consistent in its application may have a long-term effect in preventing criminals from reoffending and being a threat to the people around them. According to ct.counseling.org, the primary purpose of a therapy approach in the first place is to teach offenders alternative ways of thinking and behaving and thus reduce the chances that they relapse into dangerous behaviors. Therapists face many difficulties including the chances that their clients are experiencing shame, other addictions, guilt and justification for his or her behavior. 

Criminal justice reform in Texas and the U.S.

Residents in Texas who are accused of crimes may understandably feel afraid about the prospect of going to prison. Family members of defendants may also worry about this potential outcome. It is no surprise that there are many problems with prison life and the high number of people being sent to prisons. Fortunately, there are many steps being taken at both the state and the federal level to address excessive prison populations and the conditions in those facilities.

As explained by the Texas Civil Rights Program, some of the state efforts underway are focusing on things like improving the environmental conditions in prisons. Many institutions find inmates living in excessive heat or other oppressive conditions. Putting an end to solitary confinement is another stated goal for some. Improving the mental health screening and treatment opportunities for people in prisons is another priority.

  • Texas Criminal Defense Lawyers Association
  • The College of State Bar of Texas
  • National Association of Criminal Defense Lawyers
  • Defending Liberty, Pursuing Justice
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Russell D. Hunt Sr., Attorney at Law

425 Austin Avenue
Suite 1202
P.O. Box 726
Waco, TX 76701

Phone: 254-304-6354
Fax: 254-753-8118
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