Waco Texas Legal Blog

How title IX addresses sexual abuse

On behalf of Hunt & Tuegel, PLLC posted in Sexual Assault Accusations on Friday, August 3, 2018.

Going to a doctor for any reason means you are putting your health in the hands of a professional and you need to trust that they will act appropriately. What happens when that trust is violated?

This question of trust and responsibility has come to a head for a gynecologist formerly employed by The University of Southern California. The doctor in question is the subject of a lawsuit filed on behalf of 51 women against the university alleging sexual abuse over the course of his 30-year career at the school. The basis for the case, and the reason USC can be held civilly liable for the actions of an employee, lie in the provisions and interpretation of the federal statute known as Title IX.

What you should know about plea negotiations

On behalf of Hunt & Tuegel, PLLC posted in criminal defense on Thursday, August 2, 2018.

Plea bargaining offers people charged with a crime the opportunity to avoid harsh penalties such as lengthy prison terms, so it is no surprise that many Texas residents choose not to fight criminal charges and go for a plea deal instead. It is important, however, to be aware of what plea bargaining entails. You should also know that you ultimately are in charge of whether to accept a plea deal or not.

First, there are different areas of plea negotiations. The two that may be the most familiar to the public involve negotiating down either the charges or the severity of a sentence. According to Findlaw, defense attorneys may arrange for a person to plead guilty to a lesser charge in exchange for more serious charges to be dismissed. In some cases, the prosecution may drop some of the counts. A defense team may also negotiate down the sentence directly in exchange for a guilty plea.

What's the importance of the Sixth Amendment?

On behalf of Hunt & Tuegel, PLLC on Thursday, August 2, 2018.

As someone who is facing allegations of a crime, it's important that you understand and apply your rights. Everyone has certain rights granted to them by various amendments and the Constitution.

The Sixth Amendment is particularly important. Why? It guarantees you a right to a fair trial. This amendment is designed to protect you against having your rights violated by those who are currently in positions of authority.

The Doctrine of Negligent Entrustment

On behalf of Hunt & Tuegel, PLLC posted in personal injury on Thursday, July 19, 2018.

When a shooter walks into a crowded place and wounds anyone in sight, the pain does not end when the physical injuries have healed. Texans who have had this experience or know someone who has can vouch for the reality that the emotional ache can go on and on.

Families from Sandy Hook Elementary School who have endured such suffering are working to make a difference for themselves and others. The New York Times sums up a lawsuit the families have brought against Remington, arguing the firearm producer "erred by entrusting an untrained civilian public with a weapon designed for maximizing fatalities on the battlefield."

Do drug courts work?

On behalf of Hunt & Tuegel, PLLC posted in Drug Crimes on Saturday, June 30, 2018.

If you reside in Texas and are currently facing a drug-related charge, you may have justifiable concerns about the possible repercussions you may face, if convicted. Fines, time behind bars and community service are just a few of the many possible consequences you may face for a drug conviction, but rarely do these penalties address what is often the root of the problem itself: your drug addiction.

Drug courts, however, do exactly that, with the National Association of Drug Court Professionals reporting that almost 50 percent of today’s American inmates have genuine, clinical addiction issues. Whether drug court, which is, in some cases, an alternative to imprisonment, will be available to you depends on several factors, among them your criminal history, charge details and geographic location. What is clearer, however, is the positive effects drug courts have on so many criminal offenders fighting addiction.

A community wave of healing after the Gatesville explosion

On behalf of Hunt & Tuegel, PLLC posted in personal injury on Friday, June 29, 2018.

The explosion at Coryell Memorial Hospital on June 26 sent a shockwave that rattled all of Gatesville. Fifteen employees of Lochridge-Priest out of Waco were badly injured and Michael Bruggman of Rogers was killed. They and their families have been forever changed by the wave of destruction. Our hearts go out to them and we all hope for a full recovery.

After the tragic blast, the community responded quickly. Soon, there was a wave of action from all corners of the area. The injured were cared for and the seniors at the nursing home were relocated. A wave of healing and prayer and love has washed over Gatesville, Waco, and all the towns of the area even more powerful than the deadly blast.

Removing someone from the NSOPW

On behalf of Hunt & Tuegel, PLLC posted in federal criminal defense on Friday, June 22, 2018.

If one were motivated to search Texas for registered sex offenders, the most appropriate tool for the job would be the National Sex Offender Registry: a website- and app-accessible database of people who were ordered to maintain official records of their residences due to a sex crime conviction. However, that database does not contain everyone who was ever ordered to register.

The national database might not even include everyone who is still under their initial registration duration order. The reason for this is twofold. The Texas Code of Criminal Procedure gives those convicted of a sex crime a chance to have the court perform a risk assessment that attempts to predict an individual's:

Chance of recidivism
Continuing threat to the community

A traumatic brain injury can be a career-ending condition

On behalf of Hunt & Tuegel, PLLC on Monday, June 11, 2018.

The human brain is an impressive, intricate and delicate organ. Its neurons contain all of the information, preferences and memories that make us who we are. Our brains allow us to recall information we need at convenient times and help humans survive and thrive in hostile environments. However, the brain can easily end up injured, affecting its function and the abilities of the person involved.

A traumatic brain injury (TBI) can have a profound impact on the life and abilities of the injured person. Informing yourself about these injuries, as well as your rights to pursue compensation from the liable party, can help ensure you make the right choices in the wake of a serious injury.

Convictions with nationwide consequences

On behalf of Hunt & Tuegel, PLLC posted in federal criminal defense on Friday, June 8, 2018.

Your life could change drastically for a number of reasons, but few events have the lasting consequences of a federal conviction. At Hunt & Tuegel, PLLC., our entire team understands what is at stake when it comes to these cases. That is why we commit ourselves to the fervent defense of each of our clients, whether it is on the national or the state level.

Any federal criminal charges you might face could be damaging, whether you were to be convicted of the crime or exonerated of the accusations. However, whereas a spurious claim of wrongdoing poses a threat of remediable damage to your reputation or your personal life, a conviction could result in overwhelmingly severe consequences, such as:

Strict minimum sentencing, often including prison
Lifetime, involuntary offender registration
Limited employment prospects after release
Restrictions on living areas

Five things you need to know about speaking to police

On behalf of Hunt & Tuegel, PLLC posted in criminal defense on Thursday, May 24, 2018.

What happens if I get pulled over by the police? What should I say to an officer, either during questioning or during an arrest? These are vital questions that every person in Texas should be able to answer. In the event you are questioned by police, here are five things you should know about what to say to an officer as well as what you should never say.

First, do not lie. You are doing enough by exercising your right to remain silent. Do not feel you have to throw the police off your trail by saying something that is untrue. If you do lie to the police, Findlaw points out that you could be charged with obstruction of justice. In many states, obstruction of justice is a felony offense.