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Felonies Archives | Law Office of Terrence Marsh

Category Archive for "Felonies"

Felony Probation Violations in Texas

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…

Is Domestic Violence a Felony in Texas

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…

Fourth Amendment Exceptions – Administrative Searches

Fourth Amendment Exceptions – Administrative Searches

This is the fourth part in my series on Fourth Amendment Exceptions. The Fourth Amendment is our U.S. Constitutional protection against police searches and seizures. Normally a search or seizure has to be done with a warrant under the Fourth Amendment. The exceptions to the Fourth Amendment are situations where the warrant requirement is legally excused. The first three exceptions I listed were: Exigency or Exigent Circumstances (An immediate need to search) Search Incident to Arrest (A search of you and the area after you’ve been arrested) Consent (Where you give the officer permission to search or take something). Now…

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…

Can a Felony Case Be Dropped Down to a Misdemeanor

Can a Felony Case Be Dropped Down to a Misdemeanor?

Some of my clients that have come into my office have been charged with felonies. After looking over their cases, doing research, and preparing their case, their felony can frequently be reduced to a misdemeanor. Some of the more common felony charges may be Criminal Possession of a Controlled Substance, Assault family violence with strangulation, and even a DWI if it is your third or more. In a previous post, I talked about the legal process involved with felonies. Felonies come with the potential of long jail sentences. Not only that, but the truth of the matter is, felony convictions…

Why Are We Innocent Until Proven Guilty

Why Are We Innocent Until Proven Guilty?

Attorney Marsh

One of the central ideas of American criminal law is the Presumption of Innocence. Despite what you may think, this presumption is no different in Texas. It’s a very important concept and its origins go far back. It puts the burden of proof on the accuser, not the denier. It’s an important difference and one that affects our entire society. It can’t be given only to the people we like. Often you’ll hear people say “we all know he’s guilty, so why bother even having a trial?” That view weakens our view of jury trials to administer justice. It also…

Theft by Check in Texas

Theft by Check in Texas

Just sign on the dotted line, tear, and hand it to the cashier. That’s all you have to do, right? In Texas, theft by check or “Hot Checks” happen everyday by people just like you and me. However, theft is still theft. Whether you’re charged with shoplifting, theft, or theft by check in Texas, it falls under the same umbrella. I understand you’re not great at math. Maybe you slept through most of high school math class? Maybe you never actually learned how to balance a check book? That’s fine, but it can cost you BIG TIME. What is a…

Job Hunting and Your Texas Criminal Record

Job Hunting and Your Texas Criminal Record

This is a problem that I discuss with my clients even before I start working on their cases. It’s a bigger deal than a conviction itself. It’s about job hunting and your Texas criminal record. It can affect your short term and long term earning potential. When clients come into my office, and while I’m working on their cases, I’m actively planning for the best possible outcome for them. I’m always trying to plan ahead and put them in a position to later have their record sealed. In Texas, as I’ve mentioned before, “record sealing” takes two forms. One is…

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…

Reasonable Suspicion and Traffic Stops

Reasonable Suspicion and Traffic Stops

Attorney Marsh

For most people, the term reasonable suspicion doesn’t come up on a daily basis. It’s a legal standard used in the Texas criminal justice world. However, every time police are on patrol, they use reasonable suspicion to decided whether or not to pull you over or whether or not to stop and talk to you. Police officers in Travis and Williamson Counties, just like the rest of the state, need reasonable suspicion to stop you. Reasonable suspicion and traffic stops are like peanut butter and jelly. You can’t have one without the other. This can affect your case in a variety…