Posted on November 06, 2024 in Appeals

Twenty-four states have legalized marijuana for recreational use, but Texas is not one of them. Cannabis is considered a controlled substance in Texas, and possession of the drug is a serious crime that can result in heavy fines and prison time. Even waxes and oils that contain Tetrahydrocannabinol (THC) are considered controlled substances and can carry heavy penalties if found in someone’s possession.

As cannabis use becomes more widespread, Texans may forget that THC products are illegal. THC oil, for instance, has a number of uses that people find beneficial and may not be easily recognized as a controlled substance. If you are facing drug possession charges, make sure to consult a Texas criminal defense attorney who can begin building your defense.

When Does Possession of THC Oil Become a Felony?

Texas allows marijuana use for specific medical conditions such as seizures, cancer, ALS, autism, and post-traumatic stress disorder (PTSD). THC oil, on the other hand, is considered an even more dangerous substance than the marijuana plant because of its high concentration and potential for abuse. It therefore is classified as a Scheduled I controlled substance and does not have any medical value under Texas law. Any oil or substance that contains a concentration of at least 0.3% Delta-9 THC is illegal to possess, manufacture, or distribute.

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 Posted on October 15, 2024 in Practical Advice

Aggravated assault is a more serious offense than assault. It usually means the defendant knowingly caused serious bodily harm or flashed a deadly weapon during the act. In its basic form, aggravated assault is a second-degree felony that carries between two and 20 years in prison and a fine of up to $10,000. If the assault was committed in the context of domestic abuse or caused traumatic brain injury, it is a first-degree felony and carries five years to life imprisonment, as well as a fine of up to $10,000.

One of the most powerful defenses against an aggravated assault charge is self-defense. If you acted to defend yourself or others, you might be able to reduce the penalties or even have the case dismissed. However, Texas laws on self-defense are specific and can make a self-defense claim somewhat difficult to prove. The best way to argue self-defense is through an experienced attorney. If you acted in self-defense and are being charged with aggravated assault, contact a Texas criminal defense lawyer as soon as possible.

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 Posted on September 18, 2024 in Parole

Parole is a state program for integrating incarcerated individuals back into society. It grants early release to detainees who meet certain criteria. The decision to grant parole is made by the Texas Board of Pardons and Paroles and is based on many factors.

However, parole is meant to be a transition back to civil and community life. Parolees are, therefore, subject to various conditions that they must fulfill for a period of time after they are released. Some conditions are standard for all parolees, while others are specific conditions imposed based on the crime. This article will explore both, but make sure to consult a Texas parole attorney about any questions you may have regarding parole.

What Are the Standard Conditions for Parole?

Certain requirements are imposed on nearly all parolees, regardless of the crime. Failing to meet these requirements can be considered a parole violation, which may result in a return to prison. They include:

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 Posted on August 09, 2024 in Parole

Parole is the supervised early release of an incarcerated person from prison. It allows convicted offenders to serve out the rest of their sentences while integrating back into society. An inmate who is granted parole must abide by a strict set of conditions or risk having the parole revoked.

Not all offenders are granted parole. Those who are serving a life sentence, have been sentenced to death, or have committed specific crimes are not eligible for parole.

Texas law takes the view that parole is a privilege, not a right. Therefore, the Texas Board of Pardons and Paroles is discretionary when it comes to granting parole. Before deciding whether to release an offender, a special parole panel will review a host of factors. Being represented by an experienced Texas parole attorney is a great way to help swing the decision in your favor.

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 Posted on July 05, 2024 in Parole

If a parolee is suddenly notified that their parole decision has been reversed, it can be a crushing blow to that individual as well as to his or her loved ones. Parole allows those convicted of a crime to serve only a part of their prison sentence. The remainder of the sentence will be spent under court-ordered supervision. The goal is to reintegrate those who have served prison time into the community while they remain under monitored supervision.

Parole is often granted to those serving time for less serious criminal offenses. Assuming the offender has exhibited good behavior while in the facility, observed all rules, and served a portion of their prison term sentence, the individual may be eligible for parole. The granting of parole may not endanger the public.

If a parolee is notified of a parole rescission or revocation, an experienced Dallas criminal defense attorney from Pullan & Young should be contacted. Your attorney will have extensive experience regarding Texas parole issues. This is not a time to hesitate. The sooner a strong legal advocate can sort out the details of parole reversal, the better the outcome will likely be.  

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 Posted on June 06, 2024 in Appeals

Sometimes, a defendant is punished with a sentence he feels is illegal. If so, he can try to appeal the sentence by filing something known as a writ of habeas corpus, which is a legal procedure aimed at determining whether the court has unlawfully convicted and sentenced someone. This article will examine how you can do that in Texas. Of course, if this applies to you, speak with a qualified Montgomery County, TX criminal defense attorney for more tailored advice on how to appeal your sentence.

Responding to an Unjust Sentence

In the state of Texas, convicted defendants have two ways of establishing that their sentence is not legal:

• Unlawful conviction: They can claim that their sentence is not lawful because they were unjustly convicted of a crime that they did not commit.
• Unlawful length of sentence: They might admit that they committed the crime attributed to them and agree that they deserve some sort of punishment but dispute the specific sentence on the grounds that it is too severe for the crime.

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 Posted on May 22, 2024 in Parole

If you or a loved one is on parole or facing potential parole, it is essential to have a Texas lawyer who stays current on the latest policies from the Texas Department of Criminal Justice (TDCJ). The TDCJ recently released an updated policy, effective November 30, 2023, regarding the imposition, withdrawal, and modification of special conditions for parolees through their Offender Information Management System (OIMS).

What are Parole Special Conditions?

When an individual is granted parole or mandatory supervision release, the Board of Pardons and Paroles (BPP) can impose special conditions on top of the standard conditions of release. These could include things like mandating participation in substance abuse treatment, restricting travel outside specified counties, prohibiting contact with minors, requiring sex offender registration and treatment, and many others.

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 Posted on April 19, 2024 in Uncategorized

As the laws change, legal professionals and the public must stay informed about new legislation that may impact lives and careers. One such piece of legislation is Senate Bill 4 (SB 4), passed by the 88th Texas Legislature during its fourth special session in 2023. A Texas lawyer can help you understand the potential implications if you face criminal charges.

New Criminal Offenses Under SB 4

SB 4 introduces several significant changes to the Texas Penal Code, particularly in Chapter 51. These changes include the creation of new criminal offenses related to immigration, such as Illegal Entry From a Foreign Nation, Illegal Reentry by Certain Aliens, and Refusal to Comply with an Order to Return to a Foreign Nation. Individuals facing criminal charges must understand these new offenses and the potential consequences.

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 Posted on March 13, 2024 in Post Conviction

Under Texas law, those with certain qualifying criminal offenses may be eligible to clear their record through either an expunction or a non-disclosure. These legal processes can provide a clean slate and open up jobs and other life opportunities that a criminal history may have otherwise restricted. A Texas lawyer can help determine if you have the potential to clear your record.

What is an Expunction?

An expunction, also called an expungement, is the destruction of arrest records. It treats the arrest as though it never occurred. To qualify for an expunction in Texas, you must have been arrested but not charged with an offense, had charges dismissed, acquitted, or pardoned. Also, the statute of limitations cannot have expired if no charges were brought.

If granted an expunction, agencies and entities with your arrest records must destroy them. Your records are removed from public access, and you may legally deny that the arrest ever happened or that records exist. Certain types of records, such as records of your arrest held by federal agencies, are not subject to expunction.

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 Posted on February 15, 2024 in Parole

Parole is a critical aspect of the criminal justice system in Texas, providing an opportunity for incarcerated individuals to reintegrate into society before completing their full sentence. However, the decision to grant or deny parole is a complex process that involves careful evaluation of various factors. When seeking to navigate issues related to parole, it is essential to retain the services of an experienced criminal defense attorney

Factors Affecting Whether Parole is Approved or Denied

• Offense severity and criminal history – One of the primary factors influencing parole decisions is the nature and severity of the offense committed. Serious crimes, such as violent offenses or those involving weapons, may decrease the likelihood of parole approval. Additionally, an individual’s criminal history, including prior convictions and parole violations, can significantly impact the parole board’s decision

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