The Morris Law Firm Blog

June 8, 2012

EXPUNCTION OF MY TEXAS CRIMINAL RECORD

Filed under: Criminal — Tags: , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:48 pm

Many of us did dumb things when we were younger.  Some of us still do.  However, problems arise for those that get a criminal record as a result of one of these dumb things.

Those people now have a criminal record.  A criminal record can affect your ability to get employment and move to a new apartment or house.  We are frequently contacted by people who ask “How do I expunge my criminal record?”

In Texas, expunction of criminal records may be done only in very limited cases.  If you received deferred adjudication for a Class C Misdemeanor, you may file with the court to have your record expunged.

Misdemeanors that are Class B, A or Felonies are not eligible for expunction.  However, many convictions for the above are entitled for non-disclosure.

Daniel L Morris, The Morris Law Firm, PLLC, (214)357-1782,

info@themorrisfirm.net

July 28, 2011

INS Hold after Arrest

Filed under: Criminal, Immigration — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 9:53 pm

We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas.  The questions usually concern an immigration hold.  When and how does an immigration hold occur?  Under 8 C.F.R. § 287.6 it states:

(d) Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.

This situation occurs when an agency other than the INS places a foreign national in jail.  Once the foreign national is able to be released from jail, the agency may on hold foreign national up to 48 hours for the INS to pick them up.  Once the time has elapsed, the agency must release the person.

If a person receives an INS hold it does not automatically mean that they will be deported or even held by the INS.  ICE will place a Bond amount for the INS detainer.  If the amount is too much, your attorney may request a hearing to have the bond amount reduced.

There are times that the person has information that will allow for a release from the INS detainer and resolve the immigration problem.  DO NOT agree to a voluntary departure without consulting with an attorney.

Morris law Firm at (214)357-1782, (817)496-3447

info@themorrisfirm.net.

July 23, 2011

Texas Public Intoxication

Filed under: Criminal — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:24 pm

In Texas you’re considered intoxicated if you do not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or you have at least an alcohol concentration of 0.08.

Under Sec. 49.02 of the Texas Penal Code A person commits an offense of Public Intoxication, if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

Bars and locations that have Alcohol Beverage Licenses are considered public places.  Therefore, be aware that if you get in an altercation in a restaurant or a club when you’ve been drinking, it is likely that you will be charged with Public Intoxication.

It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.

Since Public Intoxication is a Class C Misdemeanor, it is punishable by fine up to $500. However, it will stay on your record.  It is not a crime of moral turpitude.  But, it may affect how the court will treat you, if you have future infractions.  If you are charged with another offense that includes controlled substances, you could be found to have a drug problem and be given greater penalties.

If you have be charged with Public Intoxication, contact the Morris Law Firm at (214)357-1782, (817)496-3447 or via email at info@themorrisfirm.net.

July 15, 2011

New Probation Program in Fort Worth

Filed under: Criminal — Tags: , , , , , , — Arturo @ 4:52 pm

Yesterday we had a lunch meeting of the Tarrant County Criminal Defense Lawyer’s Association.  The Hon. Mollee Westfall of the 371st District Court spoke on a new program that she has started in Tarrant County to deal with probation violations.

The program was started in Hawaii in 2004.  It is called Hawaii’s Opportunity Probation with Enforcement (“HOPE”).  The program identifies probationers who are most likely to violate the conditions of their supervision.  It requires frequent and random drug tests.  Any violations are met with swift and certain short terms of incarceration.

Where most counties incarcerate violations for a longer time, the data indicates that long term incarceration disrupts the probationer’s life to the point that upon release, they are likely to fall back into their prior bad habits.  The sure but shorter terms of incarceration, keep the probationer from losing their jobs, housing and structured lives.

The HOPE program has shown that probationers averaged 48% fewer days then the people outside of HOPE program.  With county costs of over $50.00 per day to incarcerate an inmate, the HOPE program could save Tarrant County taxpayers substantial amount of money.  This along with better results on rehabilitating offenders, makes great sense for Tarrant County.

Judge Westfall has begun the program in her court and it appears to be working well.  They are currently writing a Federal Grant proposal to assist in implementing the HOPE program in all the Tarrant County Courts.  If it gets implemented, it will not only be great for our court system, but also the Tarrant County taxpayers.

If you have any questions about you or someone in your families criminal charges, Contact the Morris Law Firm at (214)357-1782 or (817)496- 3447 or via email at info@themorrisfirm.net.

July 14, 2011

Expunging Criminal Records in Texas

Filed under: Criminal — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 9:00 pm

Our office is frequently contacted by potential clients who have criminal records of arrest, indictment or conviction.  They want these records expunged because the records prevent them from getting into an apartment, better employment or any activity that requires a criminal background check.  Expunging criminal records completely wipes them out.  However, this is done in limited cases.  What most clients really need can be done by a motion for non-disclosure or sealing of juvenile records.

For a person to be eligible to expunge their Texas records of arrest, indictment and/or convictions, they must have had their case dismissed without any finding of guilt, been tried and acquitted by the trial court or convicted by the trial court and subsequently pardoned.  Expunged records are totally destroyed and are not available, even to government agencies.

Expunging criminal records does not apply to cases where the defendant pleads no contest or differed adjudication.  If the defendant dies prior to having their records expunged, their close family may file to have the records expunged.

If you do not meet the requirements to expunge your record, a motion for non-disclosure will prevent most problems that arise from a criminal background check.  If you have any questions about your criminal record or that of a family member, contact the Dallas office of The Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.

June 23, 2011

Texas Driver Responsibility Program

Filed under: Criminal, General — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:49 pm

What are the ramifications of getting tickets in the State of Texas?  If you get a moving violation, the first worry that we have is that our insurance premiums will go up.  The cost of auto insurance is a large percentage of our driving costs.

However, the insurance is only one of the costs.  Under the Texas Driver’s Responsibility Program, if you get a moving violation conviction, you receive 2 points and if the violation results in a wreck you’ll receive 3 points.  Once you are given the points they stay with you for three years.

If a driver has 6 points, there is a $100 surcharge assessed to the driver.  There is a $25 additional charge for each point beyond the six.  The charge is assessed for each year the driver has 6 or more points.  The surcharge is for each year that the driver has 6 points or greater.  No insurance or an invalid driver’s license will cost you an additional $250 per year, or $100 if your license has expired.

The highest charges are for convictions of driving while intoxicated.  If you are convicted of a first time DWI charge, you will receive a surcharge of $1,000 per year for three years.  A subsequent DWI charge will cost you $1,500 per year for three years.  And finally, if your blood alcohol concentration is over .16, it will cost you $2,000 per year for three years.

Do not ever plead guilty to any of these charges without consulting an attorney first.  If you need assistance or have any questions regarding criminal charges or a moving violation, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net

June 9, 2011

Possession of Marijuana, in Texas

Filed under: Criminal — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 9:47 pm

“High Times” should be called expensive times. While casual marijuana use has become more common place in this generation, the State’s tolerance for its possession has not.  In Texas, it is a crime to knowingly or intentionally possess a usable quantity of marijuana. The severity of the charge depends on the amount of marijuana. For example, possessing 2 oz or less of marijuana is a Class B misdemeanor, which is punishable up to 180 days in county jail and up to a $2,000 fine. Moreover, the state may have your drivers’ license suspended for up to 180 days with a drug conviction, including a conviction for possession of marijuana. You can also be required to perform up to a maximum of 100 hours of community service.

If you have been charged with possession of marijuana or another controlled substance, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net

Criminal Proceedings for Texas Juveniles

Filed under: Criminal — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 9:28 pm

The days of “boys will be boys” are no longer a part of today’s culture when it comes to juveniles or minors committing criminal offenses.  Cities, counties, and other municipalities are busy with juvenile cases, involving even the smallest of crimes.

A child who breaks the law enters and is faced with a complex word of procedures, places, and requirements of the Juvenile Justice System. In fact, the policies and procedures set in place for juveniles are far more complicated than an adult. In Texas, the ages of children subject to the juvenile justice system are ages 10 to 16.  While some of the specific details depend on the individual county, the basic framework of the juvenile system is the same.

For very minor violations, the police may simply warn the child and parents. Typically, once an offense is committed, the juvenile probation department will review the facts of the case and determine what action is necessary.  A case may be resolved through either s cautionary warning from officials, deferred prosecution, or by a formal juvenile court action.

A county may file charges in the appropriate District Court. District Court charges can range from simple theft cases to more serious offenses such as assault or firearm cases. Typically, once charges are filed, the local probation office initiates an investigation. The parents will receive notice of the meeting with the probation office and also notice of the charges filed, and the date of the Court appearance. In most cases, the conference does take place prior to the initial court setting.  The probation office will assess the child’s behavior, home-life, school relationships, and social relationships.  Based on the conference, the probation officer will issue a “pre-disposition” report. This essentially makes recommendations as to punishment, counseling, and will be considered by the judge if and when the case is resolved.

Once charges have been filed, the case is set for a “first appearance.” The child is expected to appear in court that day with his or her parents and an attorney. Texas state law requires that the child be represented by an attorney as set forth in the Texas Family Code. Bottom line, the parents must hire an attorney to represent the child. If the parents have made an honest effort to locate an attorney, the Court might allow the case to be continued, but this will not go on indefinitely. It is possible the parents may qualify for a court-appointed attorney, but most families will not qualify. In the event a family does qualify, most Courts are requiring the family to pay back the county as part of any plea bargain or agreement. So, while it may be court appointed counsel, it is not free.

If you have any questions regarding criminal charges against a minor, please contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.

April 12, 2011

Prostitution Charges in Texas

Filed under: Criminal — Tags: , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:16 pm

Prostitution charges, including pandering and solicitation in Texas range from misdemeanors to felonies. Prostitution charges are generally misdemeanor charges unless additional factors elevate the charges to aggravated promotion of prostitution, which is a felony.

All prostitution charges are considered to be violations of moral turpitude.  If you’ve been convicted of a crime of moral turpitude it could affect your ability to get a job, used against you in court and hurt your public reputation.

Texas Penal Code § 43.02. PROSTITUTION.

(a) A person commits an offense if he knowingly:

(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or

(2) solicits another in a public place to engage with him is sexual conduct for hire.

(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.

(c) An offense under this section is a Class B misdemeanor, unless the actor has been convicted previously under this section, in which event it is a Class A misdemeanor.

Texas Penal Code § 43.03. PROMOTION OF PROSTITUTION.

(a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:

(1) receives money or other property pursuant to an agreement to participate in the

proceeds of prostitution; or

(2) solicits another to engage in sexual conduct with another person for compensation.

(b) An offense under this section is a Class A misdemeanor.

Texas Penal Code § 43.04. AGGRAVATED PROMOTION OF PROSTITUTION.

(a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

(b) An offense under this section is a felony of the third degree.

Texas Penal Code § 43.05. COMPELLING PROSTITUTION.

(a) A person commits an offense if he knowingly:

(1) causes another by force, threat, or fraud to commit prostitution; or

(2) causes by any means a person younger than 17 years to commit prostitution.

(b) An offense under this section is a felony of the second degree.

Whether your charge is a misdemeanor or felony, it is a crime to hire a prostitute to perform sexual acts for payment, or to receive money in exchange for sexual acts.  Whether you have been charged as a John, pimp, call girl or a prostitute your defense and the outcome of your case is extremely important.  Contact the Dallas office of the Morris Law Firm, at (214)357-1782, or via email at info@themorrisfirm.net.

April 4, 2011

ROBBERY CHARGES IN TEXAS

Filed under: Criminal — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:18 pm

In Texas there are two types of robbery charges, robbery and aggravated robbery.  Robbery sometimes referred to as simple robbery is a second degree felony with possible jail time from two to twenty years, with a possible fine not to exceed $10,000.00.

Aggravated Robbery is a first degree felony with the penalty ranging from 5 to 99 years, or life. A possible fine not to exceed $10,000.00

Texas Penal Code § 29.02. ROBBERY.
(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.

Texas  Penal Code 29.03. AGGRAVATED ROBBERY.
(a) A person commits an offense if he commits robbery as defined in Texas Penal Code 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older;
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
(c) In this section, “disabled person” means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

If you are in jail or charged with either robbery offense, call The Morris Law Firm at (214)357-1782 or after hours at (469)254-4270.  Or, contact us at info@themorrisfirm.net.

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