FAQs
Frequently Asked Questions About The Texas Legal System
The simple answer to this question is that it depends on the circumstances. Different jails have different procedures. A person has to be booked into the jail, and all the necessary documentation has to be turned in and completed. Depending on various factors, including the time of day and the number of people in jail that have to be processed, it could be more than 24 hours before a bond amount is even set.
However, the good news is that, in most circumstances, an attorney is able to get someone out of jail much more quickly and at less expense than someone who does not call an attorney. Attorneys licensed in the State of Texas can speak with the client in jail, collect the necessary information, fill out the bond paperwork and even meet with a judge and request that bond be set. At The Owens Law Firm, we can prioritize our client's cases, speak with a judge, get a bond amount set and do whatever is legally possible to help get the client released in short order.
Once bail is posted, the client will be released as soon as he/she is discharged. Getting discharged from jail can take a few minutes, a few hours or all day. Realistically, a person will probably be in custody for at least six hours before he or she can be released. It will usually take 4-6 hours for somebody to be released from jail once the judge signs the bail bond and the lawyer turns it into Central Booking. However, having an attorney working hard to get the client out of jail can make the process much quicker and as painless as possible.
Directions
Both Tarrant County and Dallas County have multiple county jails. To find out where an inmate is being held, go to https://ijis.tarrantcounty.com/inmatesearch/ if the inmate is in the Tarrant County system or http://www.dallascounty.org/jaillookup/search.jsp if the inmate is in the Dallas County system.
The Dallas County Jail is located on the 8th - 12th floors of the George Allen, Sr. Courts Building, 600 Commerce St., Dallas, TX 75202. The phone number is (214) 653-6092. Another jail facility is located across I-35 at 111 Commerce Street, Dallas, TX 75207. Detailed directions are available via Google Maps.
The Tarrant County Corrections Center is located at 100 N. Lamar St., Fort Worth, TX 76102. The phone number is (817) 884-3116. Other facilities are located throughout Fort Worth. Detailed directions are available via Google Maps.
In Texas, "community supervision" refers to a court's placement of a defendant under a continuum of programs and sanctions with conditions imposed by the court for a specified period. Criminal proceedings may be deferred without an adjudication of guilt. Texas offers two types of probation: (1) deferred adjudication community supervision, and (2) judicial community supervision or "straight probation." The consequences of a probation violation can depend on the type of probation.
Domestic violence in the state of Texas refers to the intentional harm of a family member or one in a dating relationship. This can come in the form of physical abuse, threats, assault and/or battery, sexual assault, or stalking. "Family violence" is a form of domestic violence. In Texas, "family violence" refers to dating violence, child abuse, and any act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault or sexual assault or that threatens the member with imminent physical harm, bodily injury, assault or sexual assault, other than defensive measures to protect oneself.
Driving while intoxicated (DWI) and driving under the influence (DUI) are two different offenses in Texas. The charge of Driving While Intoxicated (DWI) is made when a person is intoxicated while operating a motor vehicle in a public place. A person is considered "intoxicated" under Texas law if the person is determined to have a blood alcohol concentration (BAC) of .08 or more while operating a motor vehicle and/or is impaired by the loss of his/her normal use of mental or physical faculties because of the introduction of alcohol or drugs or a combination of alcohol and drugs. There are several different field sobriety tests that law enforcement use to determine if that level has been reached, and the timing and type of test can greatly influence the results and can lead to innocent people being arrested for DWI.
The charge of Driving Under the Influence (DUI) is made when a person under the age of 21 (a minor) operates a motor vehicle in a public place or a watercraft "while having any detectable amount of alcohol" in his/her system. Someone 17 or older can be prosecuted as an adult for DWI if intoxicated or a DUI if any alcohol is detected. If under 17, then you can still be prosecuted for DUI; Texas law provides for the prosecution, conviction, and punishment of juveniles who drink alcohol and drive.
In Texas, all criminal offenses are designated as either felonies or misdemeanors. There are five degrees of felonies and three classes of misdemeanors.
In a capital felony case, the state can choose whether or not to seek the death penalty as a punishment. A defendant convicted of a capital felony in a case in which the state seeks the death penalty shall be punished by death or by imprisonment in the Texas Department of Criminal Justice (TDCJ) for life without parole.
An individual convicted of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in TDCJ for: life without parole unless the individual's case was transferred to the court under Section 54.02 of the Texas Family Code, in which case the defendant may be sentenced to life without parole or life with the possibility of parole after the time the inmate has served equals 40 calendar years (without consideration of good conduct time). The range of punishment for other offenses is as follows:
CLASSIFICATION OF OFFENSE
PUNISHMENT
Felony of the first degree
Imprisonment in TDCJ for 5-99 yrs. or life and a fine of $10,000 or less
Felony of the second degree
2-20 years in TDCJ and a fine of $10,000 or less
Felony of the third degree*
2-10 years in TDCJ and a fine of $10,000 or less
State jail felony*
Confinement in a state jail for anywhere from 180 days to two years and a fine of $10,000 or less*
Class A misdemeanor*
A fine not to exceed $4,000 and/or up to one year in jail
Class B misdemeanor
A fine not to exceed $2,000 and/or up to 180 days in jail
Class C misdemeanor
A fine not to exceed $500
*A court may punish a defendant who is convicted of a state jail felony by imposing a jail sentence of as little as one year if the court finds that such punishment would best serve the ends of justice. (The court may also authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.) However, a defendant convicted of a state jail felony shall be punished for a third-degree felony if:
• A "deadly weapon" (1) was used or exhibited during the commission of the felony or during immediate flight following the commission of the felony, and (2) the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited
or
• The defendant has previously been finally convicted of any of the following:
- Continuous trafficking of persons under § 20A.03 of the Texas Penal Code
- Continuous sexual abuse of a young child or children under § 21.02 of the Texas Penal Code
- Murder
- Capital murder
- Indecency with a child
- Aggravated kidnapping
- Aggravated sexual assault
- Aggravated robbery
- An offense under the Texas Controlled Substances Act for which punishment is increased because the defendant used or attempted to use a child to commit or assist in the commission of the offense
- An offense under the Texas Controlled Substances Act for which punishment is increased under § 481.134(c), (d), (e) or (f) of the Texas Health and Safety Code, but only if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections;
- Sexual assault
- Injury to a child or disabled individual, if the offense is punishable as a felony of the first degree and the victim of the offense is a child;
- Sexual performance by a child
- Criminal solicitation under § 15.03 of the Texas Penal Code, if the offense is punishable as a felony of the first degree
- Compelling prostitution
- Trafficking of persons
- Any felony for which the judgment contains an affirmative finding that a deadly weapon was used or exhibited during the commission of a felony offense or during the getaway and that the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited.
These punishments may be increased if the defendant is shown to be a "repeat" or "habitual" offender, if the offense was committed because of bias or prejudice, if as a result of the crime committed a nursing or convalescent home incurred a loss, if a controlled substance was used to commit the offense, or if the offense was committed in a disaster area or evacuated area.
Criminal Defense
Being arrested for a crime, whether you are guilty or innocent, can have a serious impact on your life. If you have been arrested for any crime in Tarrant County or Dallas County, it is important that you immediately contact us as a Fort Worth/Dallas criminal defense law firm. We understand that individuals are often falsely accused of wrongdoing and that good people can sometimes make foolish mistakes. Whatever your situation, we are committed to providing you with the legal representation you need, using our skill and experience in the criminal justice system.
We know that being arrested and charged with a criminal offense can be a very stressful experience. As your counsel, it is our job to alleviate the anxiety associated with this experience by making sure you understand the legal process, answering any questions you have about your case and fighting to protect your rights. As a dedicated criminal defense law firm, we find it rewarding to represent people during such a stressful time in their lives and help to relieve the fear and uncertainty that comes with being criminally charged.
Contact THE OWENS LAW FIRM, PLLC at
(817) 860-8888 today for a free case evaluation if you are facing criminal charges.
Appeals
If you have been convicted of a crime and feel that the ruling was unjust or in error, then you may be able to pursue justice through an appeal. An appeal is a proceeding in which a higher court reviews a case that has already been adjudicated. It is often a convicted individual's last chance to get a favorable outcome in their case. Often times, errors or mistakes at trial go unnoticed or uncorrected and end up unfairly influencing the trial's outcome. A defendant's rights may also be violated before trial by the arresting officers, and even by their own attorney, if the attorney provides ineffective assistance at trial.
If you have been convicted of a crime and feel that the ruling was unjust or in error, then you may be able to pursue justice through an appeal. An appeal is a proceeding in which a higher court reviews a case that has already been adjudicated. It is often a convicted individual's last chance to get a favorable outcome in their case. Often times, errors or mistakes at trial go unnoticed or uncorrected and end up unfairly influencing the trial's outcome. A defendant's rights may also be violated before trial by the arresting officers, and even by their own attorney, if the attorney provides ineffective assistance at trial. If such a violation leads to a judgment against the defendant, then an appeal should be filed to get the judgment reversed.
If such a violation leads to a judgment against the defendant, then an appeal should be filed to get the judgment reversed.
Appeals must be filed soon after the judgment is entered, so if you are looking to appeal a judgment—whether it is a conviction, a sentence or both—then it is important that you contact a qualified attorney who is able to assist you in your appeals case right away. Many attorneys who try cases will not handle appeals. The Owens Law Firm handles cases at both the trial and appellate levels.
Appeals must be filed soon after the judgment is entered, so if you are looking to appeal a judgment—whether it is a conviction, a sentence or both—then it is important that you contact a qualified attorney who is able to assist you in your appeals case right away. Many attorneys who try cases will not handle appeals. The Owens Law Firm handles cases at both the trial and appellate levels.
Fort Worth/Dallas Appellate Lawyer
There are many different things that can go wrong in a criminal case and provide grounds for an appeal. Your rights may have been violated by law enforcement officers during or after your arrest, the evidence against you may have been obtained illegally or mishandled, or the judge's instructions to the jury may have contained mistakes. Whether you were convicted of a crime you did not commit or just feel that you weren't given a fair trial, a competent appeals attorney can find and expose mistakes in the process and present a strong argument to the appellate court for getting the trial court's judgment reversed.
Experienced attorney David Owens is available to assist you if you are seeking to appeal a prior ruling in your criminal case. The Owens Law Firm will prepare and mount a vigorous defense that outlines the errors made in your previous case and employ all legal means possible to increase your chances of a new ruling that is just and beneficial to you.
Fort Worth/Dallas Domestic Violence Defense Attorney
Domestic violence is understandably a sensitive subject, and cases charging a defendant with domestic violence can be some of the most emotionally-charged criminal cases there are. Many people either know someone who has been the victim of domestic abuse or have been then victim of domestic violence themselves, and those people may wind up on the jury in a domestic violence trial.
These charges can also lead to restraining orders or Protection Orders being placed on you, which can greatly disrupt your life. If you have been arrested or charged with domestic violence, then you need the help of an experienced domestic violence lawyer who understands the severity of the situation you are going through.
What is "Domestic Violence"?
Domestic violence in the state of Texas refers to the intentional harm of a family member or one in a dating relationship. This can come in the form of physical abuse, threats, assault and/or battery, sexual assault or stalking. "Family violence" is a form of domestic violence.
In Texas, "family violence" refers to dating violence, child abuse, and any act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault or sexual assault or that threatens the member with imminent physical harm, bodily injury, assault or sexual assault, other than defensive measures to protect oneself.
The 911 Call
Often in the heat of an argument, a spouse, boyfriend, girlfriend or family member will call the police because they hope that this will bring calm to a heated situation.
However, they don't realize that this call will result in someone going to jail and assault charges being filed by the State. A lot of people accused of domestic violence have seldom or never had a previous criminal charge, and so they don't understand what will happen after a call is made to the police.
Dealing with the Consequences of a Family Violence 911 Call
A call to 911 sets a series of events in motion that are quickly outside of the control of the people engaged in the dispute. When the police are called and there are accusations of family violence, someone will almost always be arrested and taken jail.
Because allegations of family violence and domestic abuse are taken very seriously, the police are known to be very aggressive in getting suspects to confess and alleged victims to press criminal charges. Someone who has been accused of domestic violence should contact an experienced domestic violence defense attorney as soon as possible to ensure that their rights are protected.
The Truth about Family Violence Prosecutions in Texas
The State abides by a "No Drop" policy in cases of assault causing bodily injury to a family member or assault - family violence. This means that, once a complaint has been filed, the accuser does not have the option of simply "dropping" the assault charges; the State will pick up the assault charge and will take you to court, regardless of whether the alleged victim wants to drop the assault charge. At trial, you can expect the State to use whatever strategies or tactics it can to convict the defendant.
District and County attorneys often pursue family violence cases even when the alleged victim admits to lying about the abuse. Prosecutors believe the victim is protecting their alleged abuser from jail or a criminal record. We can explain how to get an assault case dismissed, in spite of the "No Drop" policy, especially if you and your accuser are now reconciled and cooperating.
Restraining Orders
In family/domestic violence cases, a court might issue anemergency protective order. In some cases, a protective order may be granted before the case is even tried. A protective order can bar you from living in your own home, from freely visiting or communicating with your family, and from going to places where the individual(s) protected under the order work or attend school.
Violations of protective orders can be punishable by fines up to $4,000 or possibly up to one year in jail. Of course, such an order may not be necessary, and we are prepared to defend you if someone is seeking a protective order against you.
Penalties for a Family Violence Conviction in Texas
An assault causing bodily injury to family member is a Class A misdemeanor punishable by up to one (1) year in jail and a fine of up to $4,000.00. The penalties are increased if the defendant has a prior family violence conviction, if the violence is aggravated in any way with a weapon or if a child is injured. Depending on the circumstances, you may also be prohibited from contacting the victim for a long time, thereby preventing you from spending time with your loved ones or even living in your own home. A judge may also order you to attend anger management or family violence classes.
Prosecutors will use the fear of these steep penalties to induce defendants to plead guilty in domestic violence cases, and defendants who are not represented by smart, skilled counsel familiar with the law and prosecution tactics will agree to a plea deal even if they are innocent. They do not know how badly doing so will negatively impact their life. Whether a defendant pleads guilty or is convicted by a jury, a domestic/family violence conviction has life-altering and long-term consequences. A finding of family violence may affect the custody of your children or even your right to own a firearm. To avoid these significant penalties, it is critical that you contact David Owens, an experienced Fort Worth/Dallas lawyer.
In Need of Legal Representation?
A domestic violence conviction can have consequences that affect an individual for the rest of their lives. These consequences may last long after the punishment for the crime has been served and include difficulty in getting a job, purchasing a home or paying for college. Our firm can provide you with assistance in your domestic violence case and increase your chances of avoiding these consequences by securing a case outcome that is beneficial to you.
We will thoroughly investigate your case and fight hard to protect your rights, your freedom, and your family. If you are being accused, arrested or charged with family violence or assault causing bodily injury to a family member in the Metroplex, then you must contact an experienced Fort Worth/Dallas domestic violence defense lawyer immediately. For sound advice and defense after an assault or domestic violence arrest, call us today.
Fort Worth-Dallas DWI/DUI Attorney
Have You Been Arrested for Dwi?
Being arrested for DWI can be a life-altering experience and cause trouble for you and your family for years to come. If convicted, then you will carry a permanent criminal record that can cause stress with friends and family, difficulties with securing and maintaining employment, and financial problems.
Penalties for DWI in Texas are harsh, and offenders are aggressively prosecuted. Don't let emotion and worry overwhelm you. Contacting a Fort Worth/Dallas DWI attorney could be of great help to you.
DWI/DUI Law in Texas
Driving while intoxicated (DWI) and driving under the influence (DUI) are two different offenses in Texas. The charge of Driving While Intoxicated (DWI) is made when a person is intoxicated while operating a motor vehicle in a public place. A person is considered "intoxicated" under Texas law if the person is determined to have a blood alcohol concentration (BAC) of .08 or more while operating a motor vehicle and/or is impaired by the loss of his/her normal use of mental or physical faculties because of the introduction of alcohol or drugs or a combination of alcohol and drugs. There are several different field sobriety tests that law enforcement use to determine if that level has been reached, and the timing and type of test can greatly influence the results and can lead to innocent people being arrested for DWI.
The charge of Driving Under the Influence (DUI) is made when a person under the age of 21 (a minor) operates a motor vehicle in a public place or a watercraft "while having any detectable amount of alcohol" in his/her system. Someone 17 or older can be prosecuted as an adult for DWI if intoxicated or a DUI if any alcohol is detected. If under 17, then you can still be prosecuted for DUI; Texas law provides for the prosecution, conviction and punishment of juveniles who drink alcohol and drive.
Penalties for a DWI/DUI in Texas
If you are arrested for drinking and driving, then you face the possibility of steep fines, probation, community service, jail time and loss of your driving privileges. In addition, a DWI conviction on a person's driving record can cause their motor vehicle insurance premiums to drastically increase or cost them their insurance all together.
Punishment in a Texas DWI Case
A first-time DWI offense is a Class B misdemeanor, unless it is shown at trial that an analysis of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more, in which case the offense is a Class A misdemeanor. While a Class B misdemeanor conviction does not require that a defendant serve jail time, the law requires that someone convicted of DWI be confined in jail for at least 72 hours. If it is shown at trial that, at the time of the offense, the defendant had an open container of alcohol in his/her "immediate possession," then the minimum jail sentence is six days. If a first time DWI offender receives probation instead of jail time, then there will probably be enhanced terms and conditions.
A Class B DWI conviction can also result in the defendant losing his/her driving privileges for up to a year and an annual fee of $1,000 or $2,000 for three years to retain their driver's license. A Class A misdemeanor DWI can mean the loss of driving privileges for up to 2 years and an annual fee of $1,500 to $2,000 for three years to retain your driver's license.
A second DWI (if the defendant has already been convicted of DWI once) is a Class A misdemeanor that requires a minimum jail term of 30 days, the loss of driving privileges for up to 2 years, and an annual fee of $1,500 to $2,000 for three years to retain your driver's license. There will also be enhanced terms and conditions if a second-time DWI offender receives probation instead of jail time.
A third DWI conviction is a Third-Degree Felony that carries a fine not to exceed $10,000, 2 to 10 years in prison, the loss of driving privileges for up to 2 years, and an annual fee of up to $2,000 for three years to retain your driver's license. If a three-time DWI offender receives probation instead of jail time, then there will be enhanced terms and conditions. If you are convicted of more than one DWI within a span of 5 years, then you will face mandatory installation and maintenance of an ignition interlock device, at your own expense.
Punishment in a Texas DUI Case
In Texas, driving while under the influence of alcohol or drugs could result in jail time, fines and loss of driving privileges. DUI is a Class C misdemeanor, unless the defendant is a minor who is not a child and who has been previously convicted at least twice of DUI. If an individual charged with a DUI has 2 prior DUI convictions, then the offense is punishable as a Class B misdemeanor.
In such a case, if the court assesses a fine, then the fine cannot be less than $500.00, whether or not the court also imposes a jail sentence. A first-time offense could also result in the suspension of your license for up to one year.
License Suspensions
An arrest for DWI carries with it the risk of a loss of driving privileges. In addition to fines and possible jail time, the Department of Public Safety (DPS) may suspend an individual's license. Upon a DWI arrest, you only have 15 days to request an administrative hearing to try to prevent your driver's license from being suspended by the Texas DPS. For your first DWI arrest, you could face a license suspension of up to 180 days for refusing a breath test and 90 days for a failed breath test. A conviction for DWI will result in further suspension of driver's license, if the sentence is not probated.
A subsequent DWI conviction could result in a longer suspension. In the event of a felony DWI conviction, you will face substantially greater restrictions on your license, including the possibility of a driving restriction during bail. Even if someone convicted of a felony DWI is sentenced to community supervision (probation) instead of jail/prison, the license suspension could last the entire period of community supervision.
DPS Administrative (ALR) Hearings
You have a constitutional right to a hearing before your driver's license is suspended. Under Texas Law, these hearings are held by the State Office of Administrative Hearings. At the hearing, the DPS is required to prove the officer who stopped you had reasonable suspicion to stop and probable cause to believe that you were driving while intoxicated. We will work hard to defend your rights and protect your driving privileges before any suspension takes place. If at the hearing it is ordered that your license be suspended, then we will work to help you get an occupational license. An occupational license allows you to drive a non-commercial motor vehicle in connection with work, school-related activities or the performance of essential household duties. In the event that we believe that your license was unjustly taken away we may appeal the decision and fight the license revocation.
You have a constitutional right to a hearing before your driver's license is suspended. Under Texas Law, these hearings are held by the State Office of Administrative Hearings. At the hearing, the DPS is required to prove the officer who stopped you had reasonable suspicion to stop and probable cause to believe that you were driving while intoxicated. We will work hard to defend your rights and protect your driving privileges before any suspension takes place. If at the hearing it is ordered that your license be suspended, then we will work to help you get an occupational license. An occupational license allows you to drive a non-commercial motor vehicle in connection with work, school-related activities or the performance of essential household duties. In the event that we believe that your license was unjustly taken away we may appeal the decision and fight the license revocation. If you do lose your license, however, then this does not necessarily mean that you cannot drive. Contact us to speak with a DWI defense lawyer and learn how we can help you get an occupational (essential needs) or work license.
If you do lose your license, however, then this does not necessarily mean that you cannot drive. Contact us to speak with a DWI defense lawyer and learn how we can help you get an occupational (essential needs) or work license.
If you have been arrested for DWI or DUI, then it is important to understand that the potential penalties of being convictions will vary depending on the facts of your case. If you're facing DWI/DUI charges, then our firm wants to help. The Owens Law Firm can explain your situation, and we can get to work building a strong defense for you!
If you have been arrested for DWI or DUI, then it is important to understand that the potential penalties of being convictions will vary depending on the facts of your case. If you're facing DWI/DUI charges, then our firm wants to help. The Owens Law Firm can explain your situation, and we can get to work building a strong defense for you!
Building a Strong Drunk Driving Defense
There are many things that can go wrong when the police arrest somebody for DWI or DUI. The arresting officer might have pulled you over without reasonable suspicion. The officer may not administer the field sobriety tests correctly. A breathalyzer may give an inaccurate reading. The police might mishandle or fail to properly preserve the evidence. Whatever the case, if you are facing DWI or DUI charges in Tarrant or Dallas County, then you need an experienced criminal defense lawyer representing you.
We know how to challenge field sobriety tests and protect our clients' rights. If police violated your constitutional rights in executing the arrest or in submitting you to a blood draw without a proper warrant, then we will fight for a dismissal of charges. Considering the financial burdens and other costs of being convicted, the assistance of a DWI/DUI defense attorney can be a good investment.
How an Attorney Can Help
Letting your legal rights remain unprotected and risking your future livelihood simply isn't worth it. If you have been arrested on drunk driving charges, then we will stand up for your rights. Contact us today by e-mail or by telephone at (817) 334-7997 to speak with an experienced Fort Worth-Dallas DWI/DUI defense lawyer.
Letting your legal rights remain unprotected and risking your future livelihood simply isn't worth it. If you have been arrested on drunk driving charges, then we will stand up for your rights. Contact us today by e-mail or by telephone at (817) 334-7997 to speak with an experienced Fort Worth-Dallas DWI/DUI defense lawyer. The Owens Law Firm will fight to defend your rights and driving privileges and work hard to achieve the best outcome possible in your case.
The Owens Law Firm will fight to defend your rights and driving privileges and work hard to achieve the best outcome possible in your case.
Fort Worth/Dallas Expunction/Expungement Lawyer
Have you been arrested by mistake and not been charged with a crime? Have you been charged with a crime for which the charges were later dismissed? Have you been tried and found not guilty? Is your criminal record haunting you? Have you accepted deferred adjudication (successful completion of probation with subsequent dismissal of your case)? Many people are surprised to find out that, although their criminal case was "dropped," dismissed or disposed of via deferred adjudication, evidence and records of their arrest remain public information. Unfortunately, even though you may not have been convicted of a criminal offense, your arrest record is still public information, available for anyone who cares to view it.
Nowadays, a criminal history or background check is often run when you apply for a job, college, graduate school, student loans or a mortgage, and even when you try to rent an apartment. Don't let a criminal record cost you your job or otherwise ruin your professional and/or personal life! Under Texas law, you may be eligible for an expunction, which completely erases your arrest, or an order for non-disclosure, which seals your record. At The Owens Law Firm, we can help you through the legal process of obtaining an expunction or order for non-disclosurefor cases that occurred in Tarrant or Dallas County, Texas.
What is an Expunction?
Texas law allows anyone who has been arrested for a crime to petition the court to order that all the records relating to the arrest be erased. If your petition is granted, then the court issues an order ("expunction") that has all the records and files relating to the arrest expunged.
Once the order of expunction is final, the release, maintenance, dissemination or use of the expunged records and files for any purpose is prohibited, and you may deny both the arrest itself and the existence of the expunction order, with one exception. If you or anyone else is questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, then you (or whoever is being questioned) may state only that the matter in question has been expunged.
Eligibility
Under Texas law, you may be eligible for an expunction if:
You have been arrested but not charged with a crime.
You have been acquitted or found "not guilty" of a misdemeanor or felony charge by a judge or jury.
You have had your criminal case dismissed.
You were convicted at trial but your conviction was reversed on appeal.
You have had your case dismissed after serving deferred disposition probation for a class C misdemeanor.
Another person was arrested under your name.
You received a pardon from the Governor of Texas or the President of the United States.
Not Eligible for an Expunction?
Even if you do not qualify for expunction, you may qualify for a non-disclosure order, which seals your records from public view. If you received and completed deferred adjudication, then you may be able to prevent the disclosure of your criminal records to third parties (although licensing agencies and private entities responsible for safety and security will still have access to this information).
Unlike expunctions, non-disclosure orders do not completely erase criminal records, but you may legally deny that you were arrested.
Contact Us for Legal Assistance and Help Clearing Your Criminal Record
A negative mark on your criminal record can be a major setback in a number of ways. It can keep you from landing a job, finding a place to live, getting a professional license or even owning a firearm. If your criminal record is causing you trouble, then we recommend that you speak with our firm about an expunction or non-disclosure agreement. Having your criminal record removed can help you move beyond your past and get on with your life, but the process can be challenging and complicated.
A criminal defense lawyer from The Owens Law Firm will be able to assist you through this daunting legal process and help get your criminal record expunged or at least protect it from being disclosed to third parties. If you wish to discuss your eligibility for a criminal records expunction or an order of nondisclosure for a case that occurred in Tarrant or Dallas County, Texas, then contact us today by e-mail or telephone at (817) 334-7997. The Owens Law Firm is here to assist you and will fight on your behalf to remove and destroy a criminal record that is holding you back in life. We will stand up for your rights!
Fort Worth-Dallas
Federal Criminal
Defense Lawyer
The federal system operates very differently from Texas state courts. The Rules of Evidence are different. There are different procedures. Judges have great authority and are allowed to do things that state court judges cannot do. Also, even though the case may be tried in Texas, the laws of Texas—including the protections guaranteed by our state Constitution and state statutes—do not apply.
Federal prosecutors also have more resources at the federal level compared to state prosecutors. Many criminal defense attorneys will not try cases in federal court. The Owens Law Firm offers those accused of a crime a dedicated and vigorous defense, whether they are facing trial in state or federal court.
Understanding Federal Crimes
Federal crimes are crimes that violate federal law. Federal crimes are investigated by a variety of federal agencies (such as the Federal Bureau of Investigation or FBI, the Drug Enforcement Agency or DEA, and the Internal Revenue Service or IRS) and are prosecuted by federal attorneys with extensive resources. The Owens Law Firm defends clients against federal charges such as:
Federal Tax crimes
Federal drug crimes
Fraud (bank, mail, computer, credit card, wire etc.)
Bank robbery
Immigration violations
Counterfeiting
Conspiracy
Embezzlement
Federal weapons charges
Possession of child pornography and other sex crimes
Treason
The federal government will impose harsh penalties on people convicted of these crimes. Putting on an effective defense in a federal criminal case requires a thorough understanding of the federal justice system. If you even suspect that you are being investigated for any federal charges, then you should contact a federal criminal defense lawyer immediately.
It is also important to understand that, under certain circumstances, the Fifth Amendment double jeopardy protection won't bar the prosecution of a defendant for the same criminal action in both federal and state court.
This means that, if a suspect's actions violate state and federal law (but don't occur on federal property), then the suspect can be prosecuted in both federal and/or state court. If you or someone you love has been charged with, or is a suspect in, a federal crime in the Fort Worth/Dallas area, then contact a Fort Worth/Dallas federal criminal defense attorney to assist you in your federal case.
Grand Jury Testimony
In many federal criminal cases, investigators and/or prosecutors will come across individuals who have some knowledge of the crime or crimes being investigated but either haven't committed a crime themselves or are suspected of a crime of which the government can't find evidence. One common tactic of federal prosecutors is to get these individuals to testify before a grand jury as "witnesses". Often times, the prosecutors do this in the hopes of catching the witness in a lie and then threatening him/her with a perjury charge.
If you have received a subpoena to come testify before a federal grand jury, then it would be wise to consult a federal criminal defense attorney at your earliest convenience. Because of the complex nature of federal crime prosecuting procedures and penalties, you could benefit most by seeking representation from a knowledgeable and experienced lawyer at The Owens Law Firm. We are dedicated to protecting your rights and defending your case.
Fraud
Fraud is a large category of nonviolent criminal offenses that involve attempts to steal or otherwise acquire property or some kind of benefit through trickery and/or deceit. Fraud typically involves intentional or deliberate acts of deception motivated by financial gain. Depending on the specific offense, the punishment if you're convicted can be anywhere from a fine to life in prison.
A lot of fraud crimes are often referred to as "white collar crime" because these offenses are frequently committed by a business person or during business relations between a client and service provider, employee and employer or between family members. If you or someone you love in the Metroplex has been charged with fraud, then a lawyer could be your best chance at a positive outcome to your case.
About Fraud Crimes
There are three categories of fraud under The Texas Penal Code: forgery, credit fraud and "other deceptive practices." This last category includes such crimes as issuing a bad check, commercial bribery, the fraudulent use or possession of identifying information (fake i.d.) and the misuse of a fraudulent, substandard or fictitious degree. Credit fraud includes credit/debit card abuse, hindering secured creditors, the fraudulent transfer of a motor vehicle, and the laundering of credit card transaction records. These crimes range in severity from Class C misdemeanors to first-degree felonies.
Many fraudulent acts are criminalized by federal law, including bank fraud, tax fraud, insurance, health care fraud, mail fraud, credit card fraud, internet fraud (including online identity theft), wire fraud and fraud against the U.S. government (Medicaid, Medicare, Social Security, Welfare, Workers' Compensation).
If you become aware that you are in any way connected to a federal fraud investigation, then contact an experienced federal criminal defense attorney immediately.
Because of the current economic state, investigators are aggressive in locating and prosecuting individuals who use misrepresentation to gain financially. Law enforcement at both the state and federal level love to show the public how tough they are on con artists and high-tech thieves. In their zeal to bring charges, they may connect innocent persons to fraudulent activity. If you are suspected of fraud or have been in any way connected to a fraud case, then it can be much faster and less expensive to hire an attorney early on than to fight fraud charges later and win an acquittal. David Owens is a skilled lawyer who can guide you through the legal process, inform you of your rights and fight to defend those rights against the force of government investigators and prosecutors.
The Need for a Good Defense Lawyer
The nature of fraud crimes makes it a good idea to retain counsel early on, even if you haven't yet been arrested for or charged with anything. As discussed above, law enforcement tends to cast a wide net in fraud investigations, and innocent people can get caught up. If you become aware of fraudulent activity and aren't sure what to do, then contacting a criminal defense lawyer who knows the laws of fraud would be a smart move. Because fraud crimes involve deception on the part of the criminal, the authorities will be suspicious of anyone who learned of possible fraud and didn't say or do anything about it, even if that person was completely innocent. An experienced criminal defense attorney can advise you of your legal options and responsibilities. We may be able to prevent charges from being filed against you in the first place.
Fraudulent schemes can be simple or very complex. Sometimes business ventures or investment activities are so complicated, it may only appear that a theft scheme has been attempted. In some cases, documents are altered so it appears that the person who signed the agreement was a party to some conspiracy. Untangling such situations to expose the truth and flaws in the prosecution's case depends upon having a knowledgeable fraud crimes lawyer protecting your interests.
Some of the laws against fraud can be very simple, and some are very complex. As a result, people may be unsure of whether a particular activity is criminal or not, and some individuals may commit fraud without even realizing it. For example, committing fraud requires intent. In that sense, you can't "accidentally" defraud someone under the law. However, it does not matter whether or not the attempt(s) to defraud is successful or leads to financial or other types of gain or profit. While this distinction makes fraud easier to define, it also makes it more difficult to detect and to prosecute. David Owens is a former prosecutor who know the laws of fraud and can help you deal with allegations of fraud and avoid unnecessary strife.
Depending on what line of work you're in, just the accusation of fraud can destroy your reputation and career. If people get the idea that you're an untrustworthy person, even if you're never charged with or convicted of anything, then your life may be ruined. Don't let this happen to you or your loved ones living in the Fort Worth/Dallas area. If you've been charged with fraud, then contact an experienced criminal defense lawyer at The Owens Law Firm as soon as possible. We are skilled litigators who can protect your rights and provide the advice and insight you need.
Fort Worth/Dallas Homicide Defense Attorney
Homicide is the legal term for causing the death of another person.
Homicide is the legal term for causing the death of another person. In Texas, there are four types of criminal homicide: murder, capital murder, manslaughter, and criminally negligent homicide.
In Texas, there are four types of criminal homicide: murder, capital murder, manslaughter, and criminally negligent homicide.
Murder
A person commits the offense of murder if the person:
Intentionally or knowingly causes the death of an individual; or
Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.
Murder is a first-degree felony, unless it was committed under the influence of what the law calls "sudden passion arising from an adequate cause," in which case it is a second-degree felony.
If you killed someone in self-defense or to protect others from imminent harm, however, then that is not murder.
Felony Murder
Texas has a felony murder statute, under which someone can be charged with murder for a death that occurred during the commission of another felony, even if the killing was accidental or done by someone else.
To convict a defendant under the felony murder law, the prosecution must prove, beyond a reasonable doubt, that the defendant:
Committed or attempted to commit a felony, other than manslaughter, and
In the course of and in furtherance of the felony (or "in immediate flight" therefrom),
The defendant committed or attempted to commit an act clearly dangerous to human life
That caused the death of an individual.
Felony murder cases can be very complex, and a defendant's fate may hinge on the smallest detail. It goes without saying that murder charges or allegations are extremely serious. A conviction can mean life in prison and a fine of up to $10,000.
You need the help of a dedicated Fort Worth/Dallas criminal defense lawyer immediately if you have been arrested or are under suspicion of committing murder. There are certain defenses to a murder charge if you have the right attorney at your side.
Capital Murder
Capital murder is the most serious crime in the Texas Penal Code in the sense that it is the only crime that the State will execute someone for committing. The lightest sentence a person convicted of capital murder in Texas will receive is life in prison. A person commits capital murder if:
The person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
The person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, retaliation or terroristic threat;
The person commits the murder for remuneration or the promise of remuneration (financially motivated murder);
The person commits the murder for remuneration or the promise of remuneration employs another to commit the murder for remuneration or the promise of remuneration (murder for hire);
The person commits the murder while escaping or attempting to escape from a penal institution;
The person, while incarcerated in a penal institution, murders another who is employed in the operation of the penal institution;
The person, while incarcerated in a penal institution, murders another with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
The person murders another while incarcerated for murder or capital murder;
The person murders another while serving a sentence of life imprisonment or a term of 99 years for aggravated kidnapping, aggravated sexual assault or aggravated robbery;
The person murders more than one person during the same criminal transaction (mass murder);
The person murders more than one person during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct (serial killing);
The person murders an individual under 10 years of age; or
The person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice.
This list is exclusive; to prove a defendant guilty of capital murder, the state must prove one of the things on the list. Further, a person can only be guilty of capital murder if the person intentionally or knowingly caused the death of an individual.
The only exception to this is the Law of Parties, which allows offenders to be convicted of death if they were "criminally responsible for the conduct of another;" to be convicted under the Law of Parties, a defendant must have been present while a capital crime was being committed.
Capital Punishment
When someone is charged with capital murder, it is the State's choice whether or not to seek the death penalty. If the State does not seek the death penalty and the defendant is convicted of capital murder, then the defendant will be sentenced to life in prison.
However, if the State seeks the death penalty, then no one convicted of capital murder can be sentenced to death in Texas unless:
A jury unanimously finds there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society, and
10 or more jurors agree that, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character, background and personal moral culpability, there is/are not a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed.
If the person was convicted as a party to the capital murder under the Law of Parties, then the defendant cannot be sentenced to death unless the jury also finds that the defendant:
Actually caused the death of the deceased, or
Did not actually cause the death of the deceased but intended to kill the deceased, or "anticipated" that a human life would be taken.
If you have been arrested for or charged with murder, or if you are concerned that you or someone you know caused someone's death, then contacting a skilled, experienced criminal defense lawyer right away could literally save your life.
David Owens is a former prosecutor who knows the law and has the skill and experience to effectively defend clients' rights and provide them with a strong and vigorous defense. Contact The Owens Law Firm right away for an initial consultation.
Manslaughter
A person commits manslaughter if the person recklessly causes the death of an individual. The law says that a person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint. To prove a defendant guilty of manslaughter, the prosecution does not need to prove that the action was premeditated or that the defendant had the intent to kill; they simply have to show that their reckless actions were the reason for death. Manslaughter is a second-degree felony in Texas.
Fort Worth/Dallas defense attorney David Owens understands the fear and emotional stress manslaughter allegations cause for the client. He is committed to doing everything he can to get the charges dismissed and prevent your future from being ripped away from you. The Owens Law Firm carefully examines every piece of evidence and every report concerning the case in order to build a strong and aggressive defense. You deserve to have someone on your side that will fight for you.
Criminally Negleigent Homicide
Criminally negligent homicide is a state jail felony committed when a person causes the death of an individual by what the law calls "criminal negligence." A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint.
Criminally negligent homicide cases can be very tricky because a person may be charged with criminal negligence, not because of an intentional or reckless act, but rather for a failure to act. Often times, the State will prosecute someone for criminally negligent homicide not for anything the person did but for what he/she failed to do. When someone is accused of negligence, their legal concerns are generally focused on civil liability. If someone has accused you of negligence or you suspect that you might be held responsible for the death of another, then don't wait to find out whether you can be prosecuted for a crime. Contact an experienced Fort Worth/Dallas criminal defense attorney today!
Hard-Hitting Legal Representation and Defense for the Accused
If you have been charged with a homicide offense, then you should retain the services of an attorney as soon as possible. With the proper investigation by a devoted criminal lawyer, there are tactics that can be used to your advantage. Our criminal defense team has the knowhow and resources to swiftly revisit the crime scene, interview witnesses and review evidence. We understand that there are certain instances and circumstances that are often out of your control. Additionally, we realize that you very well may be the victim in your case. We understand the different possible defenses--self-defense, mistaken identity, duress, defense of a third person, necessity, insanity--that may be applicable in your case. When it comes down to it, our legal team takes into account that people will do anything they can to defend themselves, their family and their loved ones if someone is trying to hurt them. If a threat presents itself, then your mindset to protect and your adrenaline may result in brutal actions, potentially in the form of deadly force. Protect your freedom and enlist the help of a qualified Fort Worth/Dallas homicide defense attorney without delay.
Entrusting your case with The Owens Law Firm may be one of the best choices you make in the aftermath of an arrest. Having previously worked as an Assistant District Attorney in the Tarrant County District Attorney's Office, David Owens has the experience and knowledge to provide clients with a strong and effective defense. We are able to utilize this experience from the other side of the courtroom and help protect the rights of countless individuals throughout the Metroplex.
At The Owens Law Firm we pride ourselves on our commitment to each and every client we take on. If you are concerned that you will be held responsible for the death of another, then don't hesitate to get in touch with our office today at (817) 860-8888. Your future and freedom are on the line; don't waste another moment!
Juvenile Cases
Juvenile crimes are dealt with differently than crimes committed by an adult. For one, trying and sentencing underage individuals who have committed a crime is treated as a civil matter in Texas, so juvenile courts have their own specific guidelines and practices. Punishments for juvenile crimes vary greatly depending on the severity of the crimes and the circumstances surrounding them. In Texas, children as young as 14 can be prosecuted as adults for murder and other violent crimes.
However, state law forbids a child to be tried as an adult without "a full investigation and a hearing" to determine whether there is probable cause to believe that the child committed the offense and whether "the welfare of the community requires" that the child be tried as an adult. If your child has been charged with a crime of any type, then contact a qualified lawyer who can represent your child in their case and ensure their rights are protected throughout the criminal proceedings.
Advantage of a Skilled Criminal Defense Lawyer
Being convicted of a crime can have disastrous and long-lasting consequences on a child's well-being and future. A criminal record can severely limit a minor's educational and employment opportunities. A skilled attorney representing a juvenile in their case could help them avoid these consequences by building a defense that results in their charges being lessened or eliminated entirely.
If your child is facing criminal charges, then it is critically important to avoid a conviction. The Owens Law Firm offers skilled legal representation that increases our clients' chances of a case outcome that is advantageous to them. A child should not be denied a bright and successful future because of a foolish mistake.
Penalties for Juveniles
The Texas Juvenile Justice Code uses the term "delinquent conduct" to refer to any penal offense, other than a traffic offense, under Texas law or federal law punishable by imprisonment or by confinement in jail. If a juvenile defendant is found to have engaged in delinquent conduct, then the child may be placed on varying levels of probation or committed to the Texas Juvenile Justice Department (TJJD). A child sent to TJJD for a serious crime might get transferred to a state prison for the balance of the sentence time once he or she becomes an adult. Depending on the severity of the delinquent conduct, the court may decide against committing the child to TJJD and instead issue an official warning or sentence the child to an alternative disposition, such as community service and/or a fine.
A juvenile offender tried and convicted as an adult is subject to the same punishments for crimes, with one exception: the United States Constitution protects Americans from execution for crimes they committed as children. This means that no one convicted of a capital murder that took place when they were under 18 will face the death penalty, even if they are 18 or older at the time of trial.
Have You or Your Child Been Arrested in the Metroplex?
Are you a child facing criminal charges? Are you the parent of a child facing criminal charges? Contact us today online or by telephone at (817) 334-7997 to speak with a Fort Worth/Dallas juvenile offenses defense lawyer.
At The Owens Law Firm, we help juveniles who are facing criminal charges. Protecting your child's future and freedom is our highest priority. Depending on the circumstances, we will work hard to pursue dismissal of the charges your child is facing. If we are unable to do that, then we can seek probation, diversion programs, drug and alcohol counseling, and other alternatives to detention.
It is especially important for a juvenile to maintain a clean criminal record to protect his or her educational and employment prospects. Don't let your child's entire future be compromised. Contact our law firm immediately to see how we can help!
Fort Worth/Dallas Misdemeanor Defense Lawyer
A misdemeanor in Texas is defined as "an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail." In Texas, there are three classes of misdemeanor charges: A, B and C. While not as serious as felony offenses, misdemeanors are punishable by some stiff fines and possible jail time.
Class C misdemeanors are the only criminal offenses for which a defendant will not face a jail or prison sentence if convicted. Examples of misdemeanor crimes include criminal trespass, minor drug crimes, domestic violence, public lewdness, traffic violations and first or second DWI charges.
Consequences of a Misdemeanor Charge in Texas
Because misdemeanor crimes are classified as less serious than felonies, people accused of misdemeanor offenses can make the mistake of not taking the charge seriously. Some defendants decide to save themselves the cost of a good defense attorney by representing themselves in court. This is not wise and rarely effective. If you are convicted of a misdemeanor in Texas, then you could be punished with probation, jail time, fines, community service and/or court-ordered counseling, not to mention a conviction on your permanent record. Also, prosecutors can sometimes enhance your misdemeanor charge to a more serious misdemeanor or felony charge depending on the crime and your prior criminal record.
In addition, a Misdemeanor charge can have consequences that negatively a person's life for years. Not only can a criminal record stigmatize you in your personal/professional lie, but a misdemeanor could show up on a background check when you're applying for credit or a job. Finally, depending on your record and the gravity of the charges, it is possible for a misdemeanor to be enhanced to a felony in some cases. If that happens, then the defendant will face a longer jail or prison sentence and larger fine if convicted.
If you have been charged with a misdemeanor, then don't make the mistake of representing yourself. An experienced attorney can help you deal with your specific situation. The advice and advocacy The Owens Law Firm provides could be the difference between going to jail and going back home to your family.
Defending Clients in Misdemeanor Cases in Tarrant and Dallas County, Texas
If you have been charged with a misdemeanor in the D/FW area, then we are here to provide you with quality legal representation. A Fort Worth/Dallas misdemeanor defense lawyer may be able to help you get the allegations and charges against you dismissed or the penalties you're facing reduced.
Attorney David Owens is a former prosecutor whose experience gives clients a distinct advantage when it comes to building a strong strategy in his or her defense.
If you are facing misdemeanor crime allegations in the D/FW area, then we want to help you the best possible outcome on your case.
Contact a D/FW misdemeanor criminal defense lawyer at The Owens Law Firm today if you have been charged with a misdemeanor in Tarrant or Dallas County.
Narcotics/Drug Crimes
If you are facing state or federal drug crime charges in Texas, then the prosecution will do everything in its power to convict you and impose the harshest penalties available under the law. Being convicted of a drug crime can result in swift and severe punishment and leave a mark on your criminal record that affects you for years to come.
If you have been charged with a narcotics or drug crime, then it is crucial that you hire a knowledgeable attorney who can inform you of your legal rights and provide you with representation in court. At The Owens Law Firm, we can defend clients against a wide range of drug charges, including:
Drug possession
Possession with intent to sell or distribute
Selling or distributing drugs
Drug trafficking
Prescription drug fraud
Possession of drug paraphernalia
Drug cultivation/manufacturing
Juvenile drug charges
In Texas, the Texas Controlled Substances Act divides narcotics and other drugs into 5 groups plus a 6th specifically regarding marijuana. The penalties for drug crimes that violate Texas state law depend on which penalty group the drug(s) belong to, as well as the type and amount of the drug and the offender's previous criminal history. Depending on the amount, simple possession of a drug in penalty group 4 or 3 may be a misdemeanor. There are a wide variety of narcotics (substances or drugs that reduce pain and induce sleep) and drug crimes under Texas state law, and depending on the circumstances surrounding the case and the crime committed, the penalties for these offenses can be very serious.
Drug crimes can involve all types of controlled substances and such as marijuana, cocaine, crack, heroin and LSD and/or illegally-obtained prescription narcotics and drugs such as amphetamines, steroids, testosterone, Xanax, Vicodin, Valium, Percocet Codeine, Hydrocodeine, Morphine, SOMA and OxyContin (oxycodone). You might be prosecuted under federal or state law or both. Whatever the charge, we are prepared to stand up for your rights.
Strong Defense in Narcotics and Drug Cases
Drug charges are taken very seriously in Texas and can carry a wide range of punishments from fines and probation to lengthy prison sentences. Beyond the fines and the possibility of incarceration, a drug offense conviction could have very serious consequences. Being convicted of a drug crime in Texas can lead to your driver's license being suspended. It may even cost you your job or otherwise limit your professional opportunities. A history of drug use is a difficult enough stigma for someone seeking employment; a criminal record will only further hurt your career.
A seasoned criminal defense attorney can possibly help you avoid these consequences by providing you with skilled representation that increases your chances of your charges being lessened or dropped. Contact The Owens Law Firm today if you have been arrested for a narcotics or drug crime in the D/FW area, and we will build a defense for you in your case with the goal of reaching a conclusion that is advantageous to you and your future.
If you have been charged with a drug crime, then having an aggressive and experienced criminal defense lawyer who can investigate the circumstances and legality surrounding your arrest and the charge against you can mean the difference between spending time in prison and having your case dismissed. There are many factors to consider when crafting a defense to your drug charge. Criminal defense attorney David Owens evaluates each case on an individual basis and uses his education, training and experience to aggressively defend and represent you. As a former prosecutor, he knows how the prosecution will attempt to build a drug charge case against you. He will work hard to present a compelling case on your behalf.
Illegal Searches and Seizures
The legality of a law enforcement search and/or seizure is often-an issue in drug cases. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. We will investigate all aspects of a drug arrest to determine whether unlawful search and seizure procedures occurred. Where we discover violations of our client's rights against unreasonable searches and seizures, we move to suppress the evidence.
If undercover agents are involved then we check for instances of illegal entrapment of our clients. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant. If you have been arrested or charged with a drug crime, then it's important that you have an aggressive and experienced criminal defense attorney who can advise you as to whether the evidence leading to your arrest resulted from an illegal search or seizure.
Forfeiture
The law allows law enforcement agencies to seize money that they believed was gained from drug activity or property that may have been used in drug activity. For example, the police can seize the proceeds of an illegal drug sale.
If your property has been seized, and you want to get it back, then there are time limits and bonding procedures that must be followed. We can help you navigate the complex and often frustrating legal system and try to get your property returned to you.
Federal Cases
The U.S. Attorney normally prosecutes cases investigated by the DEA and the FBI. Those agencies tend to focus on bigger cases, such as drug conspiracies and international trafficking. By the time a person becomes aware that she is a suspect, she has often been the subject of an ongoing investigation for many months, even years.
We can advise and represent people in federal cases and grand jury proceedings. Drug cases tried in federal court can be very different from drug trials in Texas state court. In Federal Court, the District Judge is required to consult guidelines to determine the proper sentence. When the stakes are high, you need a skilled, aggressive defense team on your side in court. Contact The Owens Law Firm today for a strong defense against any federal drug crime charge.
Contact a Drug Crimes Lawyer Serving the Fort Worth/Dallas Area
Get the help of a Fort Worth/Dallas drug crimes attorney immediately if you or someone you care about has been arrested or charged with any type of drug crime. Fort Worth/Dallas criminal defense attorney David Owens has the experience and drive to help his clients achieve the best outcome possible.
He has been on both sides of a criminal court case, which gives his clients an advantage when it comes to developing a strong strategy for his or her defense.
The Owens Law Firm wants to help you avoid the stiff fines, jail time and life-destroying consequences associated with allegations concerning illegal drug crimes.
If you have been arrested or are concerned about being prosecuted for a drug crime — whether this is your first drug crime offense or if you have a criminal record — then we will stand up for your rights. Contact us today by e-mail or by telephone at (817) 334-7997 to speak with an experienced Fort Worth/Dallas drug crimes defense lawyer.
Fort Worth/Dallas Probation Violation Attorney
If you have been accused of or arrested for violating your probation in Texas, then the most important thing you can do is to contact and obtain the services of a qualified Fort Worth/Dallas probation violation lawyer that can help you, protect your rights and negotiate with judges and prosecutors to try to minimize or reduce the penalties you will face, including jail time.
The Owens Law Firm will be there for you at your probation revocation hearing, counsel you throughout the entire process and work hard to build you a solid defense.
Community supervision (Probation) in Texas
In Texas, "community supervision" refers to a court's placement of a defendant under a continuum of programs and sanctions with conditions imposed by the court for a specified period. Criminal proceedings may be deferred without an adjudication of guilt.
Texas offers two types of probation: (1) deferred adjudication community supervision, and (2) judicial community supervision or "straight probation." The consequences of a probation violation can depend on the type of probation.
Deferred Adjudication
During the period of time that a defendant is placed on deferred adjudication, criminal proceedings are deferred without an adjudication of guilt. Deferred Adjudication has many advantages, particularly that the charges against you will ultimately be dismissed if you successfully complete the deferred adjudication probation.
If the State feels that you violated any of the terms outlined in your deferred adjudication probation, however, then the State will automatically file a "Motion to Adjudicate Guilt." If the court grants this motion, then your case will proceed to trial, and you will face the full range of punishment for the criminal offense(s).
Straight Probation
Other defendants are placed on Community Supervision after being found guilty of and sentenced for a crime or crimes. That sentence, however, is suspended in whole or in part, and the Defendant is then placed on probation for a specified period of time, during which the sentence is probated. This type of probation is a way to avoid jail time.
When a defendant is sentenced to probation, there are certain requirements that must be met. We understand that these requirements can be burdensome and even unreasonable. Sometimes, it is not clear what a defendant placed on probation is required to do or refrain from doing. When an individual fails in any of their probation requirements, however, probation may be revoked. It is vital that anyone on probation be fully aware of and understand anything that could jeopardize their probation and land them in jail.
Probation Revocation Procedure
We can help you fight efforts to revoke your probation. There is no right to a jury trial at a probation revocation proceeding, and the State doesn't have to prove an alleged violation beyond a reasonable doubt.
You do have the right to a hearing and the opportunity to present evidence. More importantly, you have the right to an attorney on your side fighting for your rights and freedom.
Hearing
A defendant arrested and detained for violation of a condition of community supervision is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. A convict arrested and detained for violation of a condition of community supervision may be entitled to a hearing if the convict hasn't waived his/her right to a hearing and to counsel. If you have been arrested for a probation violation, then don't let anyone tell you that you are not entitled to counsel and/or a hearing. Contact a probation violations criminal defense lawyer.
Sometimes, a hearing is the only real opportunity a defense attorney has to keep his client's probation from being revoked. It is critical that a defendant accused of a probation violation hires a good attorney who has the experience to handle revocation hearings. When you need probation violation help, our law firm can guide you through the system and fight for a restoration of your liberty. Contact us now if you facing probation revocation.
Penalties for Violating Probation in Texas
Upon finding a probationer guilty of violating a condition of probation, the court may:
Continue probation without punishment for the violation,
Modify the terms/conditions of probation or extend the period of probation, or
Revoke probation and either proceed with an adjudication of guilt (if the defendant was on deferred adjudication) or sentence the defendant on the underlying offense (if the defendant was on "straight probation").
Contact a Fort Worth/Dallas Probation Violations Lawyer
Many situations can be considered a violation of probation. It is vital that anyone accused of probation be fully aware of and understand their rights and the consequences of their actions. Fort Worth/Dallas probation violations criminal defense attorney David Owens goes over all of these with the client and can also help the client if there are alleged violations.
A probation violation can land you in jail so make sure you get the help of an experienced defense lawyer. Contact us to speak with a Fort Worth/Dallas probation violation attorney dedicated to protecting your freedom. Don't allow your probation to be revoked!
Defense against Protective Orders and Protective Order Violations in the Metroplex
A protective order is a court order that prohibits or deters some kind of conduct. To get a court to issue a protective order against somebody, there must be family violence. Protective orders prevent the people against whom the orders are entered from making physical or verbal contact with the people who are protected by the orders.
Although protective orders are civil court orders, they are criminally enforceable, meaning that you can be arrested and charged with a crime for violating a protective order. David Owens both defends against the issuance of protective orders as well as against alleged violations of a protective order.
Protective Orders
In Texas, at a defendant's appearance before a judge following the defendant's arrest for an offense involving family violence or sexual assault, aggravated sexual assault or stalking, the judge may issue a Magistrate's Order for Emergency Protection (E.P.O.). The victim of the offense need not be present in court when the E.P.O. is issued. An E.P.O. may prohibit the defendant from communicating directly with the person protected under the order or with a member of the family or household, going to or near the person's residence, place of employment or business, or even possessing a firearm.
This emergency order is effective upon issuance and remains in effect for at least 31 days but not more than 61 days, unless the defendant was arrested for the use or exhibition of a deadly weapon during the commission of an assault, in which case the E.P.O. can last up to 91 days.
Deferred Adjudication
During the period of time that a defendant is placed on deferred adjudication, criminal proceedings are deferred without an adjudication of guilt. Deferred Adjudication has many advantages, particularly that the charges against you will ultimately be dismissed if you successfully complete the deferred adjudication probation.
If the State feels that you violated any of the terms outlined in your deferred adjudication probation, however, then the State will automatically file a "Motion to Adjudicate Guilt." If the court grants this motion, then your case will proceed to trial, and you will face the full range of punishment for the criminal offense(s).
In a protective order, the court may:
Prohibit someone from removing a child who is a member of the family or household from the possession of a person named in the order or the jurisdiction of the court;
Prohibit someone from transferring, encumbering or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties;
Prohibit someone from removing a pet, companion animal or assistance animal from the possession of a person named in the order;
Grant exclusive possession of a residence to a party and, when appropriate, direct one or more parties to vacate the residence under certain circumstances;
Provide for the possession of and access to a child of a party (if the person receiving possession of or access to the child is a parent of the child);
Require the payment of support for a party or for a child of a party (if the person required to make the payment has an obligation to support the other party or the child); and/or
Award to someone the use and possession of specified property that is community property or jointly owned or leased property.
A protective order remains in effect for two years, unless the judge issuing the order specifies a shorter time period. A person against whom a protective order is sought is entitled to notice and a hearing before any protective order is issued. Unlike a temporary ex parte order, protective orders are criminally enforceable. (See below) However, no criminal offense need be filed before a court will enter a protective order.
A court may enter a temporary ex parte order if the court finds that there is a "clear and present danger of family violence." Temporary ex parte orders can be issued without a hearing and without notice to the individual alleged to have committed family violence.
However, a court can only enter a temporary ex parte order upon a proper application, and the court can only base its finding as to whether there is a clear and present danger of family violence on the information contained in the application. In a temporary ex parte order, the court may direct someone to do or refrain from doing specified acts. A temporary ex parte order is valid for the period specified in the order, not to exceed 20 days. On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional 20–day periods.
Has a Protective Order Been Issued Against You?
On the filing of an application for a protective order, the court must set a date and time for a hearing unless a later date is requested by the applicant. Except in Dallas County, the court may not set a date later than the 14th day after the date the application is filed. In Dallas County, the court is allowed to set the hearing on a date and time not later than 20 days after the date the application is filed or 20 days after the date a request is made to reschedule a hearing on the request of the prosecutor.
At the close of a hearing on an application for a protective order, the court will find whether family violence has occurred and whether family violence is likely to occur in the future. If the court finds that family violence has occurred and that family violence is likely to occur in the future, then the court:
Shall render a protective order applying only to a person found to have committed family violence; and
May render a protective order applying to both parties.
In a protective order, the court may prohibit the person found to have committed family violence from:
Committing family violence;
Communicating directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner;
Threatening a person protected by an order or a member of the family or household of a person protected by an order;
Communicating in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court;
Going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order;
Going to or near the residence, child–care facility or school a child protected under the order normally attends or in which the child normally resides;
Engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment or embarrass the person;
Possessing a firearm, unless the person is a peace officer actively engaged in employment as a sworn, full–time paid employee of a state agency or political subdivision; and
Harming, threatening or interfering with the care, custody or control of a pet, companion animal, or assistance animal that is possessed by a person protected by an order or by a member of the family or household of a person protected by an order.
In a protective order, the court may also order a person found to have committed family violence "to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence".
This may include the completion of a battering intervention and prevention program or counseling with a social worker, family service agency, physician, psychologist, licensed therapist or licensed professional counselor. If the court renders a protective order for a period of more than two years, then the court must include in the order a finding that the person who is the subject of the protective order:
Caused serious bodily injury to the applicant or a member of the applicant's family or household; or
Was the subject of two or more previous protective orders rendered to protect the person on whose behalf the current protective order is sought, after a finding by the court that the subject of the protective order has committed family violence; and is likely to commit family violence in the future.
There are certain other requirements that must be met for a protective order to be valid and enforceable, and courts don't have the authority to grant relief that is not requested in the application for a protective order. We know the law and can advise you of your legal rights and make sure that these requirements are complied with.
Our firm is dedicated to protecting our clients' rights and defending them against domestic violence charges and the attendant consequences of protective orders. If you have had a protective order issued against you and you feel it is unjust or unwarranted, then contact Fort Worth/Dallas domestic violence attorney David Owens as soon as possible.
What Happens if you Violate a Protective Order?
As previously mentioned, if you violate the terms of a protective order, then you may be arrested and charged with a separate criminal offense. Violating a protective order is a Class A misdemeanor.
However, if the violator has two or more previous convictions, then it becomes a third-degree felony.
Defense Against Protective Order Violations
Violating a protective order is a serious charge because it means you have been accused of disobeying a direct order from a judge. If you have been falsely accused of a protective order violation, then we can investigate and try to uncover the truth. People who file for protective orders are often paranoid and may misinterpret innocent behavior as threatening or dangerous. We understand that serious allegations of criminal activity may just be the result of a misunderstanding. Also, remember that, the offense of violating a protective order requires criminal intent. Even if you did violate the terms of the protective order, we may be able to present evidence showing that the violation was unintentional. Please contact our law firm to discuss your protective order or domestic violence case.
We Understand the Challenges You Face
An individual who is charged with a criminal offense involving family violence may face a cluster of restrictions, including an E.P.O. and a Protective Order. If you have had a protective order issued against you and you feel it is unreasonable or unnecessary, then you should contact our law office as soon as possible.
In addition to the problems of where to live and how to regain your possessions, people burdened by protective orders face problems with bail and the potential for re-arrest. If you violate a protective order, even accidentally, and the complainant takes it to court, then you may find yourself under arrest again and facing the inability to make bail.
Fighting Protective Orders and Violation Charges
The Owens Law Firm can help keep false accusations and unfair motions for protective orders from landing you in jail.
When the stakes are high, put our defense on your side. Call us at (817) 860-8888 or e-mail us.
The Owens Law Firm can help keep false accusations and unfair motions for protective orders from landing you in jail. When the stakes are high, put our defense on your side. Call us at (817) 860-8888 or e-mail us.
Sealing Criminal Records
An Order for Non-Disclosure seals your criminal record from the public. This is different from an expunction because your record isn't completely erased and can still be viewed by government agencies; however, it will prevent your record from being seen by the public.
If you were finally convicted, then you may not be eligible for an Order of Non-Disclosure or an Expunction. The Owens Law Firm handles expunctions and non-disclosures for cases that occurred in Tarrant or Dallas County, Texas.
What is an Order for Non-disclosure?
Although a person may have successfully completed deferred adjudication and avoided a conviction, the record of their arrest and the charges will remain available for public view. Texas law allows for certain deferred adjudication offenses to be sealed from public view.
If granted, then an Order of Non-Disclosure will prohibit criminal justice agencies from disclosing the information about the offense, and you may deny that you were ever arrested, unless you are asked about the arrest under oath in a future a criminal proceeding. Some government agencies and other entities will be allowed to obtain limited information about the offense, however.
Eligibility for Order of Non-disclosure
In Texas, the laws governing orders of non-disclosure are more complicated than the rules and procedures for expunging criminal records. The length of time a person seeking an order of non-disclosure must wait after successfully completed deferred adjudication varies depending on the severity of the offense. Some records cannot be sealed with an order of nondisclosure.
If you did not successfully complete deferred adjudication, then you will not be eligible for an order for non-disclosure. Defendants who receive "straight probation" have been finally convicted of the crime with which they are charged and become ineligible for a motion for non-disclosure unless they are pardoned or their convictions are overturned on appeal. Some offenses cannot be sealed with an order of nondisclosure.
Can I Get My Criminal Record Sealed?
To discuss the possibility of an order of nondisclosure for a case that occurred in Tarrant or Dallas County, Texas, contact The Owens Law Firm by calling (817) 860-8888 or by email.
Fort Worth/Dallas Sexual Assault Defense Attorney
Simply being accused of sexual assault is stressful and embarrassing enough. Add to the mix the complex and often overwhelming Texas criminal justice system. To many people, sexual assault is the worst crime a person can commit, especially if the victim is a child or disabled person. Anyone charged with any sex crime needs a dedicated sexual assault defense attorney representing them.
If you, a family member or friend has been charged with any sex crime, then Defense Attorney David Owens may be able to help. He is passionate about helping his clients fight their allegations, and he and his team work hard to preserve the client's rights and freedom. No matter how serious the charges, Fort Worth/Dallas sexual assault defense lawyer David Owens has the knowledge, experience and resources to provide you with a vigorous and thorough defense in your case.
Sexual Assault Criminal Charges
Sexual assault generally is the legal term for rape or some kind of sexual molestation. According to the Texas Penal Code, a person commits the offense of sexual assault if the person intentionally or knowingly causes:
The penetration of the anus or sexual organ of another person by any means, without that person's consent;
The penetration of the mouth of another person by the sexual organ of the assailant, without that person's consent;
The sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus or sexual organ of another person, including the assailant;
The penetration of the anus or sexual organ of a child by any means;
The penetration of the mouth of a child by the person of the sexual organ;
The sexual organ of a child to contact or penetrate the mouth, anus or sexual organ of another person, including the assailant;
The anus of a child to contact the mouth, anus, or sexual organ of another person, including the assailant; or
The mouth of a child to contact the anus or sexual organ of another person, including the assailant.
Without consent may mean that the defendant is accused of physically forcing the victim or threatening the victim or of committing the act against a victim who is mentally or physically incapacitated and therefore unable to give consent. Note that it does not matter whether the victim suffered any injury or not; the crime is the act of causing the penetration or contact itself.
However, to prove a person guilty of sexual assault in Texas, the prosecution must prove that the defendant acted knowingly or with intent. If you are facing sexual assault allegations or formal charges, then you need to retain a competent criminal defense lawyer to handle your case. Like any sex crime, sexual assault charges are particularly serious, and may impact virtually every aspect of a defendant's life.
Penalties for Sexual Assault in Texas
Sexual assault penalties can vary somewhat depending on the exact sex crime committed and the particulars of the situation. Sexual assault is a second-degree felony in Texas, punishable by up to 20 years in state prison and/or a fine of up to $10,000, except in certain circumstances under which it is a felony of the first degree. Sexual assault is a first-degree felony in Texas if the victim was a person whom the assailant was prohibited from marrying or purporting to marry or with whom the assailant was prohibited from living under the appearance of being married under Section 25.01 of the Texas Penal Code (the Texas bigamy statute).
A person commits the offense of aggravated sexual assault in Texas if the person commits a sexual assault and if:
The person causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
The person places the victim in fear that any person will become the victim of human trafficking or that death, serious bodily injury or kidnapping will be imminently inflicted on any person;
The person threatens, by acts or words occurring in the presence of the victim, to cause any person to become the victim of human trafficking or to cause the death, serious bodily injury or kidnapping of any person;
The person uses or exhibits a deadly weapon in the course of the same criminal episode;
The person acts in concert with another who causes serious bodily injury or attempts to cause the death of the victim or another person during the course of the same criminal episode;
The person administers or provides flunitrazepam (rohypnol), gamma hydroxybutyrate or ketamine to the victim of the sexual assault with the intent of facilitating the commission of the sexual assault; or
The victim is younger than 14 years of age, an elderly individual or a disabled individual.
Aggravated sexual assault is a first-degree felony, and the law mandates a minimum sentence of 25 years imprisonment if the victim of the sexual assault was less than six years old at the time the sexual assault was committed.
If convicted of a sexual assault, then you face not only criminal penalties but also severe consequences in your personal and professional life.
You may have difficulty finding another job; you may be restricted from living where you want; you may be estranged from your own family. Besides extensive jail time and expensive fines, a sexual assault conviction may require you to register on the sex offender registry. Having any criminal record is bad enough, but because of the severe social stigma associated with sex crime, a sexual assault conviction can have an even greater impact on your family, social and business life.
Contact a Sexual Assault Defense Attorney Serving the Fort Worth/Dallas Area
We want to help you. When defending our clients against sexual assault charges, we are familiar with the tactics the prosecution might employ to try to win a conviction. We also know effective defense strategies to combat those tactics and win cases for our clients, and we know the legal defenses to sexual assault charges.
If you are convicted of sexual assault in Texas, then you may be required to register as a sex offender for the rest of your life. A strong defense is critical to your future.
The Owens Law Firm is very thorough in our approach to criminal defense and will carefully consider every aspect of your case to identify potentially successful legal strategies. We will vigorously pursue acquittals when possible. In some cases, a plea deal can spare our clients from having to register as a sex offender. Whatever situation you are facing, we will approach it in the way that best suits your interests. If you have been arrested for sexual assault, then contact us today by e-mail or by telephone at (817) 334-7997. We will stand up for your rights!
Warrants
The situation has played out over and over again. You're on vacation with your family, or you're on your way to work. Maybe you're driving to meet a friend or loved one, and you get pulled over. It could be for a minor traffic violation, or maybe the officer who pulled you over just made a mistake. Soon you're in the back of the officer's patrol unit. It turns out a warrant had been issued for your arrest.
A warrant is a legal document issued by a magistrate/judge that directs/allows law enforcement officials to do something, typically involving a search and/or seizure.
Police are not required to notify you that they are applying to a judge for a warrant, so you may not know that a warrant has been issued for your arrest or to search your home until the authorities show up on your doorstep. If a judge has issued a warrant for your arrest, then you need to understand what will be expected of you under the law. It is critical that you contact a Fort Worth/Dallas criminal defense attorney specializing in warrants as soon as you know one has been issued for you or a loved one in the Fort Worth/Dallas area.
Recognizing the Different Kinds of Warrants
The Texas Code of Criminal Procedure defines an arrest warrant as "a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law." A judge is authorized to issue an arrest warrant when presented with probable cause to suspect that an individual has committed a crime. If a warrant has been issued for your arrest, then you can be apprehended at any time in any situation, even if you are innocent of the crime with which you are being charged. The best way to protect yourself is to contact a lawyer who can assist you. There are certain requirements that must be complied with, and a criminal defense lawyer can make sure that the warrant was properly requested and issued and that your constitutional rights are not violated.
A bench warrant is a special warrant issued from the bench or otherwise by the judge. It may be used to compel a witness to come to court, to command someone who has custody of a witness to bring the witness to court, or to bring persons in custody in another location back to court on other charges.
Bench warrants have the same force and effect as an arrest warrant, but the procedural requirements for their issue are different. If you suspect that you are being sought on a judge's order, then call our law firm today to find out what you can do to avoid arrest.
A search warrant is a written order, issued to law enforcement by a magistrate, commanding the officer(s) to search for any property or thing and to seize the same and bring it before such magistrate or commanding law enforcement to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order. The Fourth Amendment to the United States Constitution provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." If a search warrant for your home, office, car or other property has been issued in the Fort Worth/Dallas area, then contact our firm immediately!
How An Attorney Can Help
Take control of the situation by contacting a criminal defense lawyer who can fight to protect your rights and help you avoid being arrested. If you are concerned that you are the subject of a warrant, then contact our law office today! We can check the necessary registries that may hold information about you. If an arrest warrant has been issued for you in the D/FW area, then we urge you to contact our firm.
We can advise you of your legal rights and options and guide you through the legal system as needed.
At The Owens Law Firm, we provide experienced and aggressive representation to clients with the goal of obtaining favorable outcomes to their cases. Contact us today if you have an outstanding arrest warrant, and we will assist you in ensuring your rights are protected and fight to help you avoid needless grief.
Fort Worth/Dallas Theft Defense Lawyer
There are many different theft crimes under both state and federal law. The Texas Penal Code has an entire section devoted to crimes against property. Under Texas law, a person commits the offense of theft if the person "unlawfully appropriates property with intent to deprive the owner of property." Other offenses categorized as crimes against property in Texas include Theft of Service, Theft of Trade Secrets, Theft by Check, Unauthorized Use of a Vehicle, Tampering with Identification Numbers, Possession/Manufacture/Distribution of Certain Instruments Used to Commit Retail Theft, Organized Retail Theft, and the Unauthorized Acquisition or Transfer of Certain Financial Information.
Not all theft crimes are created the same, and a skilled defense attorney may be able to negotiate settlements with the State that could transform a felony theft into a misdemeanor charge. If you or a loved one is facing a theft charge in the Metroplex, then you should take it seriously. Contact Fort Worth/Dallas theft defense lawyer David Owens.
Penalties for Theft in Texas
The consequences of a theft conviction in Texas can be significant and can haunt you for the rest of your life. Theft can be classified as either a misdemeanor or felony, depending on the value and character of the property alleged to have been stolen. The penalties a defendant faces if convicted of theft also depend on the value of the property stolen and the specific circumstances of the theft. Charges can range from a Class C misdemeanor to a first-degree felony.
If you have a previous theft conviction, then charges can automatically become more severe, or if certain property is stolen (such as firearms), then the law requires mandatory felony charges. Felony crimes are dealt with very seriously in the state of Texas, and it would be disastrous not to have an experienced Fort Worth/Dallas criminal defense lawyer on your side who really knows criminal law. Texas Penal Code § 31.03(e) provides that theft is:
(1) A Class C misdemeanor if the value of the property stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;
(2) A Class B misdemeanor if:
(A) The value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;
(B) The value of the property stolen is less than:
(i) $50 and the defendant has previously been convicted of any grade of theft; or
(ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or
(C) The property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state;
(3) A Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;
(4) A state jail felony if:
(A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $20,000;
(B) Regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
(C) The property stolen is a firearm, as defined by Section 46.01;
(D) The value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;
(E) The property stolen is an official ballot or official carrier envelope for an election; or
(F) The value of the property stolen is less than $20,000 and the property stolen is:
(i) Aluminum;
(ii) Bronze;
(iii) Copper; or
(iv) Brass;
(5) A felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is:
(A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or
(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000;
(6) A felony of the second degree if:
(A) The value of the property stolen is $100,000 or more but less than $200,000; or
(B) The value of the property stolen is less than $200,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or
(7) A felony of the first degree if the value of the property stolen is $200,000 or more.
The law also provides that theft classified as anything other than a felony of the first degree is increased to the next higher category of offense (i.e., a Class A misdemeanor becomes a state jail felony, a state jail felony becomes a felony of the third degree, etc.) if it is shown at trial that:
The thief was a public servant at the time of the theft, and the property appropriated came into the thief's custody, possession or control by virtue of the thief's status as a public servant;
The thief was in a contractual relationship with government at the time of the theft, and the property appropriated came into the thief's custody, possession or control by virtue of the contractual relationship;
The owner of the property appropriated was (at the time of the theft) an elderly individual or a nonprofit organization;
The owner of the property appropriated was (at the time of the theft) an elderly individual or a nonprofit organization;
The thief was a Medicare provider in a contractual relationship with the federal government at the time of the theft, and the property appropriated came into the thief's custody, possession or control by virtue of the contractual relationship; or
During the commission of the theft, the thief intentionally, knowingly or recklessly:
- caused a fire exit alarm to sound or otherwise become activated;
- deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or
- used a shielding or deactivation instrument to prevent or attempt to prevent detection of the theft by a retail theft detector.
Federal theft crimes can be punishable by a fine, restitution and/or prison time. Many white-collar and fraudulent crimes are investigated and prosecuted by the federal government. Attorney David Owens understands the anxiety a client accused of theft is going through and works aggressively to defend the client's rights in theft cases.
Fort Worth/Dallas Criminal Defense Attorney for Theft Crimes
The Owens Law Firm puts the client's needs above all else and works diligently and compassionately to get results. We may be able to produce an outcome in a theft crimes case that you didn't think possible for you or someone you care about. If you even suspect that you are or have been involved in some sort of theft, then contact a lawyer immediately. The sooner you act to retain counsel and find out your legal rights, options and responsibilities, the better a position you will be in.
Having a theft defense lawyer to help you navigate through the process associated with your theft arrest can make an essential difference in the outcome of your case. We will aggressively pursue your interests and help guide you through this difficult process. David Owens is a former prosecutor who understands the criminal legal process and will do everything possible to secure the best outcome possible in your case. To discuss your case with a Fort Worth/Dallas theft crimes defense attorney, please contact The Owens Law Firm at (817) 860-8888 or contact us through e-mail.
Fort Worth/Dallas White Collar Crime Lawyer
Make no mistake: Whether or not you have a white-collar job, you still may be implicated in a white collar crime. "White collar crime" generally refers to the illegal acquisition of money or other property without the use of force, threats or violence. Embezzlement, for example, is a white collar offense committed by persons who steal or misuse property they are legally in possession, custody and/or control of (e.g., bankers). Fraud is another large category of white collar crime. Some white collar crimes are federal offenses and could land you in Federal Court. If convicted, then you could be sentenced to many years in prison and have to pay some very hefty fines, and then there's the damage to your professional career and reputation.
White collar crimes may be complex and may be committed over a long period of time. Criminal schemes may involve many different people, and often times, the most culpable individuals will try and find scapegoats to pin the crime on. An employee may bear the brunt of a fraud that is actually being perpetrated by someone higher up the chain of command. In all of these instances, the lawyer for the accused must be highly knowledgeable about his client's case. When there is advance warning that a fraud charge is being investigated, we may be able to prevent an arrest altogether.
For an honest, confidential consultation with an aggressive criminal defense lawyer regarding any white collar crime, contact our firm now.
If you know that you are suspected of committing a white collar crime or crimes, then it is a good idea to speak with an attorney for legal advice and protection before charges are filed. A skilled, hardworking legal team can formulate an effective defense against prospective charges before the government even files them. The sooner you retain counsel, the sooner your legal team can get to work protecting your rights and defending you against aggressive law enforcement. Make an appointment with a white collar crimes lawyer at The Owens Law Firm today.
Have you already been charged with a white collar crime? If so, then you must get the help of Fort Worth/Dallas white collar crimes criminal defense lawyer David Owens. Just the accusation of having committed a white collar crime can negatively impact your professional reputation. We can guide you through the legal system and help get your business life back on track.
Auto Accidents
Simple Steps to Follow When an Auto Accident Happens
Have you been involved in an auto accident? At The Owens Law Firm we will explain your rights and the laws in Texas regarding auto accidents. To protect your rights after an accident, you should follow these simple steps:
Remain at the scene of the auto accident
Exchange information with the other people involved in the accident
Obtain information from any eye witnesses
Perform an assessment of any injuries or damage
Call the police if the accident caused an injury or at least $500 in property damage
Receive medical attention for all injuries
Property Damage
In Texas, if you are not at fault for the auto accident you have the right to recover bodily injury or property damages from the other driver. However, a determination must be made as to which driver is consider to be at fault. The "at-fault" driver is responsible for monetary compensation for your injuries and damages.
However, Texas law does not guarantee a recovery even if the other driver is at fault and you have sustained bodily injury. In an auto accident lawsuit, the plaintiff or injured party bears the burden to prove they were injured and that their injury was a result of the accident.
Bodily Injuries
To assert a bodily injury claim in Texas, one must prove:
Liability (Fault) – Liability or fault can be proven in various ways, which include but are not limited to: police or accident reports; witness statements; accident scene investigations; and accident scene re-creations.
Injury - A person can prove injuries through medical records and bills.
Compensation – In an auto accident case, the at-fault driver's motor vehicle insurance company normally pays for damages. However, if the at-fault driver does not have auto insurance then there may be other avenues of recovery.
Auto Accident Attorneys
At The Owens Law Firm, we will present your claim to the at-fault driver's motor vehicle insurance company. The insurance company will evaluate the merits of the demand package that we send over. Once the insurance company evaluates the merits of your claim, an insurance adjuster will contact us to begin negotiations.
Negotiating on your behalf, we will evaluate the offer and may make a counter offer accordingly. As your attorney, we will fight to recover what you deserve.
If you have been injured in an auto accident in the Metroplex, you need to contact The Owens Law Firm at (817) 334-7997 for a free consultation.
Defective Products
Defective Products Put You in Danger
Have you been injured by a company's product? Companies are responsible for providing you with products that are considered safe. A company's product is defective if its causes injury or harm when used as directed.
A person can suffer minor to severe injuries from defective products used in the home, at work, or in a public place. The injuries suffered can result from a design defect, manufacturing defect, product malfunction or mislabeling.
Common Defective Products
In Texas, product liability lawsuits have included:
Medical devices
Prescription drugs
Over the counter medications
Children's toys
Strollers and car seats
Cars, seatbelts, airbags and tires
Workplace equipment
Household appliances
Attorneys Experienced With Defective Product Cases
If you have been injured by a defective product you need to contact a personal injury litigation attorney. The Owens Law Firm will bring a lawsuit on your behalf against large companies seeking the fair compensation you need to pay medical bills, household costs and other related expenses. We will fight for you!
Premises Liability Claims
Premises Liability Accidents
Have you been injured in an accident on someone else's premises? In Texas, the property owner has the responsibility to ensure his premise is safe and secure. Whether the property is personal or commercial property, the property owner must take precautionary measures such as installing appropriate lighting, installing handrails in stairwells, ensuring that the floors are dry, and has sufficient security.
Premises liability actions, include but are not limited to:
Accidental drowning of a loved one
Improperly marked steps or stairs
Uneven flooring
Electrocution
Poor lighting
Falling objects
Crime perpetrated on you
Slip and fall accidents
Fort Worth/Dallas Personal Injury Lawyers
If you or a loved one has suffered an injury, permanent disability or death as a result of these types of accidents on someone else's property, you need to contact Fort Worth/Dallas personal injury attorneys at The Owens Law Firm.
Wrongful Death Claims
Negligent Loss of Life
Have you lost a loved one due to someone else's negligence? The loss of a spouse, child, or family member is tragic. Your grief may be excruciating, but we are here to help. You will have an experienced personal injury litigation attorney on your side to help you with the most stressful event of your life.
Types of Wrongful Death
Wrongful death causes include:
Medical malpractice
Criminal behavior
Construction accidents
Car accidents
Drunk drivers
Workplace injuries
Defective products
Slip and fall claims
Wrongful Death Claims
In Texas, heirs are entitled to claims for damages because of the loss of a loved one in certain death situations. The heirs may be entitled to compensation which includes loss of society, loss of companionship, and loss of support.
Survival Claims
The estate of a deceased person are entitled to claims for the losses due to an untimely death. The estate may be entitled to compensation for lost wages, pain and suffering, mental anguish, and medical bills related to the death.
Filing a Wrongful Death Lawsuit
To bring a wrongful death lawsuit against another in the state of Texas, one must prove four essential elements which include:
The death of another human being.
There must be evidence that the death was caused by someone else's wrongful acts or negligence.
There must be financial and other losses resulting from the death.
The lawsuit must be brought about by a member of the deceased's immediate family or dependents.
Two-Year Limit to File
In Texas, there is a two-year statute of limitation on filing wrongful death actions. It is therefore important to speak with and retain an attorney immediately after the death of a spouse, child or family member.
Compensation in a Wrongful Death Lawsuit
In a wrongful death lawsuit one can potentially recover:
Lost income and future earnings
Lost benefits and Social Security
Medical and funeral costs
Lost inheritance
Lost companionship and parental guidance
Pain and suffering
General damages
Attorneys Experienced with Wrongful Death Cases
If you have lost a loved one because of someone else's negligence and you are considering a wrongful death action in Texas, you need to consult with and hire an experienced personal injury attorney.
At The Owens Law Firm, we can provide experienced and dedicated legal representation in such matters. The Owens Law Firm will fight for you and win you the compensation you deserve helping to bring some balance back to your life.
Personal Injury
Have you been injured in an accident? Accidents can occur without warning. Sometimes, the person who is injured in an accident is not always responsible for causing it. At The Owens Law Firm we understand that victims routinely suffer serious injuries, incur exorbitant medical costs and property damage repairs, and suffer emotional trauma. If the accident was not your fault, you should not bear these afflictions by yourself. We help accident victims recover just compensation from the responsible party in cases, including those involving:
- Personal Injury
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Premise Liability
- Product Liability
- Wrongful Death
Contact THE OWENS LAW FIRM, PLLC at
(817) 860-8888 today for a free case evaluation if you have been wrongly injured in an accident.