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Racially charged threats lead to misdemeanor assault charges

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?

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

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

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.

US mass shootings occurring on a nearly daily basis

While the overall crime rate in U.S. cities has been trending down over the last couple of decades, the United States far outstrips other developed nations in the number of deaths resulting from gun violence. Mass shootings, such as those seen over a recent two-day span in Maryland, Pennsylvania and Wisconsin, have become a nearly daily occurrence, according to the Gun Violence Archive. Since 2013, there has been a total of 1,855 mass shootings in the U.S., with 108 incidents in Texas alone. Over the past three years, according to research, there has been nearly one mass shooting incident per day in the United States. In 2016, a leap year, there were more U.S. mass shootings, 382, than there were days in the year. As of September 20th, there have been 263 days in 2018 and 262 mass shootings in this year alone.

Among researchers, there is some disagreement as to what constitutes a mass shooting. Some disregard certain types of incidents, such as domestic violence or gang-related shootings. According to some organizations, the shooter must kill four or more people (excluding himself or herself) in order for the incident to count as a mass shooting, but the Gun Violence Archive counts an incident as a mass shooting if the shooter injures at least four people, even if they survive the injury.

What is the statute of limitations for felonies in Texas?

A statute of limitations is like a countdown. Once it reaches zero, the time that a person could be prosecuted for a crime has expired, including a number of crimes defined as felonies under Texas law. However, a statute of limitations does not last for the same amount of time for every felony. Depending on the severity of the crime, some statutes will last longer.

According to Texas law, the state has up to five years from the time the crime was committed to prosecute crimes like theft or robbery, child endangerment or abandonment, or insurance fraud. A longer period of seven years is applied for some white collar crimes like money laundering, stealing records or misapplying the property of financial institutions. Statutes are extended to ten years for felonies like arson, forgery, stealing government property, defrauding the beneficiaries of an estate, and forms of human trafficking or sexual assault.

I am the victim of identity theft: what do I do?

Having your identity stolen by an identity thief can be a nightmare. It is even worse when the perpetrator uses your name to commit crimes. An identity thief using your name could be convicted of a number of crimes, but those convictions will go on your record, which will be noticed by Texas employers when you approach them for work. If an identity thief has left your good name in tatters, there are important steps you should take to reclaim your identity.

First, anyone who has been victimized by identify theft should seek the help of a defense attorney. A piece run in USA Today also recommends that you contact your local police and the office of the district attorney to discuss the issue of your identity theft. Additionally, file a report that describes that have been victimized. You will likely need legal counsel as you carry out these activities.

How do I show the impact of a personal injury?

It is fairly easy to document physical injuries sustained as a result of a Texas auto accident. Thanks to x-rays, photographs and the expert witness testimony of a physician, there are many ways to make a solid case that you have been injured due to the negligence of the other party. However, proving the amount of pain and suffering that resulted from an automobile accident can be more difficult.

The problem with evidencing emotional pain and hardship is that it is hard to objectively demonstrate. The other party in the case will do all they can to minimize whatever impact the injury has inflicted upon you and cast doubt that you are actually experiencing the distress that you claim. Findlaw recommends that you document any changes that have occurred in your life as a result of a personal injury. These documentations can include, but are not limited to, the following:

How title IX addresses sexual abuse

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

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.

  • 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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P.O. Box 726
Waco, TX 76701

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