Category Archive for "Common Crimes"

Criminal Trespass in Texas

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…

Justice of the Peace Court in Texas

Justice of the Peace Court in Texas

When it comes to criminal cases, your case may be assigned to a Justice of the Peace Court, Municipal Court, County Court, or District Court. A Justice of the Peace Court in Texas and a Municipal Court for example (City of Austin, City of Round Rock, City of Georgetown) handle the same level of criminal charges. The level of criminal charges are Class C misdemeanors and they are the lowest level criminal charge in Texas. Justice of the Peace Court in Texas In Texas, the counties are broken up into sections. These sections are called Precincts. The Justice of the…

Williamson County Courthouse

The Williamson County Courthouse Pt 1

As time goes on, it seems like Williamson County, Texas has an ever growing reputation. I’ve heard many of my clients joke “come on vacation, leave on probation.” While that may be true for some, it depends on what time activities you’re getting involved in on the weekends. Let’s be blunt, no one likes crime in their community. If you’ve been arrested, and taken to the Wilco Jail, you’re eventually going to end up at the the Williamson County Courthouse. Not only that but, if you have a Will to probate, a family law issue, or other legal problem, in…

When Can Misdemeanor Theft Become Felony Theft

When Can Misdemeanor Theft Become Felony Theft?

The legal term for lower level charges (misdemeanors) transforming into higher level charges (felonies) is called enhancements. Enhancements are a common idea through our criminal law. In this post, I specifically want to look into the enhancement or aggregation of theft charges from a misdemeanor to a felony under Texas law. Theft includes everything from theft by check, theft of services, shoplifting, and other situations where things or services are taken but not paid for. Theft crimes are considered crimes of moral turpitude in Texas. This means that it is a crime of dishonesty. This also means that you’re going…

Possession of Drug Paraphernalia in Texas

Possession of Drug Paraphernalia in Texas

Attorney Marsh

What is Drug Paraphernalia? Possession of drug paraphernalia in Texas is a fairly common crime. Paraphernalia are things related to the use, sale, storage, or creation of illegal drugs. The short answer is, if it’s related to drugs, it’ll be considered paraphernalia by police. Some examples of drug paraphernalia in Texas are bongs, bowls, grinders, vapes, one-hitters, plastic baggies, digital or weight scales, pipes, steel wool, and cooking spoons etc… Most of the cases of possession of drug paraphernalia I’ve seen come when people are pulled over by police for traffic stops. People, usually young kids, leave their bowls or…

What is Assault Causes Bodily Injury in Texas

What is Assault Causes Bodily Injury in Texas?

Simply put, assault causes bodily injury is any unwanted contact between two people. In my experience, assault cases almost always happen because of drugs and/or alcohol. It doesn’t matter whether or not there was a visible mark or injury. This applies to bar fights, grabbing someone else with your hand, punching, kicking, slapping etc…. In the State’s case against you, they don’t need to show bruising, bit marks, blood, cuts, or other physical injuries. A punch to the stomach wouldn’t show a bruise, would it? How did I get charged with Assault Causes Bodily Injury in Texas? If you made…

I Need a Misdemeanor Lawyer in Georgetown

I Need a Misdemeanor Lawyer in Georgetown

Williamson county, Texas has a reputation for being extra tough on crime. I get it. Many lawyers won’t take cases here. A lot of clients have told me they’re afraid of the Williamson County prosecutors. They’ve even WISHED they had gotten arrest in Travis county. Anywhere but Wilco. It’s the reputation that the county has built. That may be right, and that may be wrong. Williamson county and Travis county each have their own quirks. Georgetown is the County seat of Wilco and it’s where the courthouse is. Some types of cases are treated much differently in Wilco vs. Travis…

What Happens on The First Court Date

What Happens on The First Court Date?

Clients ask me this question all the time. Even if they don’t, I still answer it before they leave my office. I don’t want you to be surprised by anything or worry too much. I’ll be right next to you every time we have Court. A good part of my job is to reduce surprises, remember? Whether we’re in Municipal Court, Justice of the Peace Court, County Court, or District Court, all of what I’m explaining to you here applies in Texas Courts. Just follow some basic rules. But first, I just want to remind everyone what’s expected of you…

What is the Difference Between Shoplifting and Theft2

What is the Difference Between Shoplifting and Theft?

Some of my clients have come in after being arrested for shoplifting or theft in Travis County or Williamson County. Depending on whether you’re arrested in Austin, Georgetown, Round Rock, Pflugerville etc… can have an impact on your case.  The reason I say that is because different programs are available in different counties. Not only that, but when it comes to theft charges, there are serious and lifelong collateral consequences of conviction for shoplifting, theft, theft by check “hot checks”, and buying or receiving stolen property on your record. These collateral consequences don’t even include the Civil Penalties (being sued by the…

What to do if pulled over for DWI

What To Do When Pulled Over For DWI

Attorney Marsh

One topic that I’ve done small presentations on has to deal with DWI’s in Texas. What do I do if I’m pulled over for DWI? DWI’s are one area of law that can affect the richest of the rich and people living from paycheck to paycheck. At the end of the day, few sights can make your heart sink faster than the one above. First, just to make this absolutely clear, I advise all my clients to NEVER drink and drive. A drunk driving charge can be very costly. It’s expensive to defend and even more costly on your family,…