Texas Criminal Defense Blog: A Blog Dedicated to your Questions, Concerns, and Criminal Charges

Attorney Marsh

The reason I’m writing these blog posts are to help you understand part of what’s going on during your criminal case, or the case of someone you care about. A lot of these questions my clients have asked me in the past and I’m sure that you will find them helpful too. You’re not the only one to have these questions or be charged with these kinds of crimes. Hopefully I’ve given you a rough idea of what to expect and some basic details about criminal cases in Texas. Follow along the blog posts and hopefully a lot of the…

Felony Probation Violation in Texas

Attorney Marsh

This topic is going to be broken into two parts. This part is going to deal with felony probation violation in Texas. The next part is going to deal with misdemeanor probation violation in Texas. Felonies are the more serious offenses in Texas. These can range from 6 months in State Jail up to life in prison. I’m sure you have some questions already. If you’re not sure what type of probation you or a loved one are on, you need to check with your Probation Officer (PO) or your paperwork that put you on probation. Getting Started In a…

Criminal Trespass in Texas

Attorney Marsh

One of my recent cases involved a woman charged with criminal trespass. To make a long story short, she had been dating a man who lived at his mother’s house. Mom did not like her son dating my client. Eventually the two split up. My client received a Criminal Trespass Notice from police telling her not to go back to the property. After all was said and done, she went back to the mother’s house and got into an argument with her. The police later arrested her and charged her with Criminal Trespass, a Class B misdemeanor. A criminal trespass…

What is a Criminal Confession in Texas?

Attorney Marsh

In Texas, as in other states, a criminal confession is a formal acknowledgment of guilt during a criminal investigation. This all goes back to your 5th Amendment Right to Remain Silent. When someone is suspected of committing a crime, police will begin their investigation. The investigation may start with police making direct contact with the person accused. Before, during, or after that first contact, police gather evidence to build their case against the person accused. If the person accused makes any statements to the police, they may be considered admissions instead of confessions. Under Texas law, confessions must be recorded by video/audio…

Planned Parenthood Shooter and Self Representation

Attorney Marsh

This is a topic which gets a lot of coverage from the media. Usually there is a horrific crime committed by someone, it makes national news, and then arrives their first day in Court. Fairly regularly, in open Court, these people will declare to the Judge that they want to “Represent Themselves” or, in legal terms, be Pro Se. The Planned Parenthood Shooter, Robert Dear, is no different. However, you also have an absolute Constitutional right to self representation in Court. In a few previous posts I wrote about Constitutional rights that we all have during a criminal case: Your Right…

What’s The Difference Between DUI and DWI in Texas?

Attorney Marsh

This is a question that gets asked pretty often so I thought it’s worth explaining. Many people use the words DUI and DWI interchangeably when these problems come up. Some states call it DWI, others call it DUI, and some states have different criminal charges for DWI vs. DUI. The differences can be quite large. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. The potential punishments and consequences between the two can be very important if you’re charged with either in Texas. What’s The Difference Between DUI and DWI in Texas? What is considered a DUI…

Car Accidents, DWI, and Civil Lawsuits

Attorney Marsh

This is a guest blog post by a friend of mine, Jon Clark, who is a personal injury attorney out of Austin, Texas. Personal injury cases usually include everything from slip and fall, car accidents, and wrongful death claims. Car accident cases and DWI charges often go hand in hand. Tolerance for drinking and driving has rapidly decreased over time. Aside from being sued, there are many collateral consequences of a conviction for DWI. The purpose of this blog post is to highlight the many civil consequences (non-criminal consequences) of DWI. Jon Clark’s contact information is listed at the bottom…

Is Domestic Violence a Felony in Texas?

Attorney Marsh

Background and History of Domestic Violence Law in Texas In the past 5-10 years in Texas, the number domestic violence charges have rapidly increased. Domestic violence has caught national attention and the attention of the Texas Legislature. I think there is an unspoken rule that if there is a call to police for domestic violence, then someone is going to jail. However, depending on the facts of your case, you may have options available to you for your defense. 3 Most Common Levels of Domestic Violence  There are three levels of domestic violence in Texas. These are assault by threat…

Length of Probation and Early Termination

Attorney Marsh

I know that I’ve written over and over about the role of plea bargains and probation in the criminal justice system. One post that sums it up nicely is 3 Ways Your Criminal Case Can End. Plea bargaining and probation often go hand in hand in a criminal case. It’s important to know that there are 2 Types of Probation in Texas. In this post, I’m only focusing on Straight Probation, NOT Deferred Adjudication. Just because you were put on probation for a period of years, doesn’t mean that you can’t ask the Court to terminate your probation early. The length…

What Happens If You Violate Probation?

Attorney Marsh

This question comes up from clients pretty often. This post is Part 1 of 2. The stakes can be high if your probation is revoked in Texas. Usually, clients call or ask me – what happens if you violate probation? My answer is the same… it depends. Many clients are fearful of the sword hanging over their head that is probation. What happens when they violate probation can be very nerve wracking, especially if they’re facing prison time. It’s a very valid concern considering many criminal cases are resolved through a plea bargain agreement between the Defendant and the State. If…

Should I Take a Plea Bargain? Part 2

Attorney Marsh

This post is important. It’s a follow up to my first post on Should I Take a Plea Bargain? In that post I talked about a few considerations when you decided whether or not to take a plea. So here we are in Should I Take a Plea Bargain? Part 2. Taking a plea deal is a very important life decision. Ultimately, the decision is yours alone. I don’t make plea decisions for my clients. I can only advise them about the positives and negatives of taking a plea deal. I want what’s best for my clients. Depending on your case,…