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Executives are responsible for the management of a company. Some are in charge of the company’s operations, while others are tasked with bringing in revenue, overseeing personnel, or establishing strategic partnerships. So when corporate fraud is committed, who is responsible? A corporation is considered a person in the eyes of the law and can be indicted. Does that mean that if the company is charged, its officers and managers are not liable? Corporate fraud encompasses a wide range of state and federal misdemeanors and felonies that are generally referred to as white-collar crimes. This article will discuss what corporate fraud is, when executives are liable for corporate fraud, and how to consult a Texas criminal defense attorney to protect you against corporate fraud charges. What Is Corporate Fraud? Corporate fraud is an umbrella term for different types of fraud that can be carried out through a corporation. These include: Bribery: Offering money to a public official to influence his or her judgment is called bribery and is a federal crime. Corruption: Corruption is the willful abuse of authority and includes bribery, embezzlement, nepotism, and more. Money laundering: Some companies are used to launder money from an illicit source to make it legally "clean" in the eyes of authorities. Insider trading: Insider trading is when someone uses non-public information to profit from public trading, which is exploiting an unfair advantage. Corporate espionage: Corporate spying means illegally stealing trade secrets or intellectual property from a competitor to gain a financial advantage. Anti-trust violations: The US government has enacted anti-trust laws to ensure fair competition and prevent monopolies. Violating these laws is a serious federal crime. These actions and others can fall under the category of corporate fraud and carry heavy penalties. Are Corporate Officers Personally Liable for Corporate Fraud? Many corporations are set up as entities that are separate from their managers. The president of an LLC, for instance, is usually not held personally liable for debts incurred by the company. When it comes to corporate fraud, however, an executive may be held accountable depending on his or her involvement in the fraud. For example: A corporate officer may be personally charged for company fraud if he or she was directly involved in the act. An executive may be held personally liable if he or she was aware of corporate fraud and knowingly did nothing. A corporate officer may be held personally liable for corporate fraud if he or she is found to have breached a fiduciary duty, which is a responsibility to act in the best interests of the company’s shareholders. Contact a Cooke County, TX Corporate Fraud Defense Attorney Corporate fraud can not only lead to a company’s destruction but can also result in heavy fines and lengthy jail sentences for its executives. At Magaña & Van Dyke, we are committed to giving our clients the best possible legal defense against corporate fraud or other criminal charges. With their extensive experience working within the criminal justice system, our attorneys understand how to create an effective legal strategy to protect your rights. Schedule a free consultation with a Denton County, TX criminal defense lawyer by calling 940-382-1976 today. Se habla Español.

Individual rights and liberties are a cornerstone of American life. This does not mean, however, that people have the right to do whatever they want in public. Peace and order are important for a functional society, which is why there are laws against disorderly conduct. In Texas, disorderly conduct is a criminal offense that carries penalties in addition to a criminal record. However, Texas law’s definition of disorderly conduct is broad and vague, which can lead to violations of individual rights and freedom. If you or someone you know has been charged with disorderly conduct, contact a Texas criminal defense attorney who can protect your rights and help build a legal defense. What Qualifies as Disorderly Conduct in Texas? According to Texas Penal Code §42.01, a person commits disorderly conduct if he or she knowingly and publicly makes a threatening or offensive gesture or abuses someone in an offensive manner. This is a fairly vague provision because the law does not define "offensive." Something that is offensive to you may not be to someone else, and vice-versa. This could lead to situations where law enforcement officers arrest citizens for something they, the officers, consider offensive. Texas law also considers someone guilty of disorderly conduct if he or she publicly and intentionally: Uses abusive, profane, or vulgar language that "incites an immediate breach of the peace" Uses chemicals to create a foul and unreasonable odor Makes unreasonable noise in public or near a residence that does not belong to him or her Gets into a fight Discharges a firearm Displays a deadly weapon in a way meant to cause alarm or fear Exposes himself or herself Engages in voyeurism, which includes peering into someone’s hotel room or home or looking in on someone in a public bathroom stall, shower, or dressing room. Someone who is accused of any of the above may be charged with a Class C misdemeanor, which is punishable by a fine of up to $500. If a deadly weapon was involved, it may be charged as a Class B misdemeanor which carries a jail sentence of up to 180 days and a fine of up to $2,000. What Are Some Legal Defenses Against a Disorderly Conduct Charge? The law says that an act qualifies as disorderly conduct if it is done "intentionally or knowingly." Therefore, one of the defenses against a charge of disorderly conduct can be that you did not have intent to commit the offense. For example, you may have displayed a firearm you were carrying but did not intend to cause alarm or fear. It can also be a defense to argue that you did not know the act you committed was offensive. Other possible defenses to a disorderly conduct charge include: You were provoked into committing the act. You engaged in a physical altercation or discharged a firearm in self-defense. The noise you made was not "unreasonable." Your gesture or speech is protected under the First Amendment. Contact a Denton County, TX Disorderly Conduct Defense Attorney Because of the law’s nonspecific language, a disorderly conduct charge runs the risk of impinging on your personal freedoms. That is why the attorneys at Magaña & Van Dyke are committed to protecting your rights and liberties. We are ready to provide you with a legal defense against disorderly conduct or other charges to preserve your future. Schedule a free consultation with a Cooke County, TX disorderly conduct defense lawyer by calling 940-382-1976 today. Se habla Español.

When faced with criminal charges, even minor ones, hiring a criminal defense attorney is crucial. Many people believe that they can handle minor legal issues on their own, especially if they think the charges are not serious. However, the legal system is complex, and what might seem like a small issue can quickly become fines, jail time, and a permanent criminal record. A criminal conviction, no matter how minor, can have long-lasting consequences on your life, affecting your job, reputation, and future opportunities. This is why having a skilled Texas criminal defense attorney by your side is important to protect your rights and navigate the legal process effectively. What Does a Criminal Defense Attorney Do? A criminal defense attorney is a legal professional who defends people who have been accused of crimes. Their main jobs are to: Represent their clients in court in front of a judge and a jury. Negotiate with prosecutors. Do whatever else they can to get the best possible outcome in every case. This could mean getting charges reduced, negotiating a plea deal, or even having the charges dropped entirely. Criminal defense attorneys understand the details of criminal law and know how to build a strong defense strategy that fits each client’s situation. Plus, they can explain the legal process in simple terms, helping clients understand what to expect at every stage. How Can a Criminal Defense Attorney Help Before Charges Are Filed? One of the most valuable services a criminal defense attorney provides happens before charges are even filed. For example, consider a male college student who is falsely accused of sexual assault, but there is no solid evidence against him. In such a case, if the student hires an attorney early on, the attorney can step in and communicate with law enforcement and prosecutors. The attorney can present evidence or arguments showing the lack of proof, which might convince the authorities not to move forward with the charges. By getting involved early, the attorney can help protect the student's rights, prevent misunderstandings in he-said, she-said situations, and potentially stop the charges from being filed in the first place. Does Having an Attorney Improve Your Chances of Getting Off? There is often a significant difference in outcomes between people who have criminal defense attorneys and those who do not. Studies and real-life cases show that people who are represented by experienced attorneys are more likely to have charges reduced, cases dismissed, or receive lighter sentences, even for very serious crimes like murder. On the other hand, those who try to handle their cases alone may not know how to navigate the legal system, which can lead to mistakes such as missing important filing deadlines, failing to object to inadmissible evidence, or not understanding plea deal options. These errors can result in harsher penalties and a criminal record that could have been avoided with proper legal representation. Call a Denton County, TX Criminal Defense Attorney Now Even if you are facing relatively minor charges, a conviction means your criminal defense history could follow you forever. You owe it to yourself to get help from a Cooke County, TX criminal defense attorney with Magaña & Van Dyke who can help you fight the charges, clear your name, and defend your future. Call 940-382-1976 now for a free consultation. Se Habla Español.

In Texas, protective orders are powerful legal tools designed to protect individuals from abuse, harassment, or threats. However, these orders can sometimes be misused, leading to false accusations that can have severe consequences if you are accused. Understanding the process and your rights is helpful if you find yourself wrongly facing a protective order. A Texas lawyer can help you if you receive a false allegation. The Impact of a Protective Order A protective order, often referred to as a restraining order, can significantly affect your life, even if based on false allegations. The consequences may include: Restrictions on your movement and communication Potential loss of access to your home Limitations on child custody and visitation rights Negative impact on your reputation and employment Criminal charges if you violate the order, even if falsely obtained You should take any protective order seriously, regardless of its validity, and seek legal representation immediately. The Protective Order Process In Texas, the process of obtaining a protective order begins when someone files an application with the court. This can be done through the county attorney, district attorney, or a private attorney. The court may issue a temporary ex parte order, which can last up to 20 days, based solely on the applicant’s claims without hearing your side of the story. Within 14 days, a court hearing will be scheduled so both parties can present their case. This hearing is your opportunity to challenge the allegations and present evidence in your defense. After considering all evidence, the judge will decide whether to grant a final protective order, which typically lasts up to two years but can be extended. Defending Against False Allegations If you are facing false allegations, your defense strategy is critical. Here are some steps to consider: Gather evidence: Collect any documentation, communications, or witness statements that contradict the allegations against you. Document your side: Keep a detailed account of events related to the accusations. Avoid contact: Refrain from contacting the accuser, as this could be used against you or violate a temporary order. Comply with temporary orders: Even if you believe the order is based on false claims, violating it can lead to criminal charges. Seek character witnesses: Individuals who can attest to your character and behavior can be valuable in court. Consider counter-petitions: If you are the actual victim of harassment or threats, you may need to file your own protective order in some cases. The Importance of Legal Representation Going through protective order cases can be challenging on your own and typically requires legal experience. An experienced criminal defense attorney can: Help you understand the allegations and potential consequences Develop a strong defense strategy Represent you in court proceedings Negotiate with the opposing party or his or her counsel Work to minimize the impact on your life and rights Remember, while protective orders serve an important purpose in protecting genuine victims, the system can be misused. False allegations can have lasting consequences on your personal and professional life. Let a Denton County, TX Criminal Defense Lawyer Help Prove Your Side If you find yourself wrongly accused and facing a protective order, do not face this challenge alone. A Cooke County, TX criminal defense attorney can protect your rights and fight for justice. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

Driving without a valid license in Texas can lead to serious legal consequences. If you face charges for this offense, you may wonder if it is possible to get those charges dropped. A Texas lawyer can help you with potential avenues for dismissing driving without a license charges and what you can expect from the legal process. Make Sure You Understand the Severity of the Offense In Texas, driving without a valid license is considered a misdemeanor offense. The penalties for this crime can vary depending on the specific circumstances of your case. Generally, a first-time offense is classified as a Class C misdemeanor, punishable by a fine of up to $500. However, if you have been convicted of driving without a license in the past, the offense may be elevated to a Class B misdemeanor, which carries a potential fine of up to $2,000 and up to 180 days in jail. See What Possible Defenses You May Have While the outcomes of operating a vehicle without a license can be severe, several potential defenses may help you get the charges dropped. A criminal defense attorney in Texas can assess your case and determine the most effective strategy for your unique situation. Some possible defenses include: Lack of Knowledge: If you were unaware that your license was suspended, revoked, or expired, you may have a valid defense. However, you must be able to demonstrate that you need a reasonable way of knowing the status of your license. Necessity: In rare cases, you may be able to argue that driving without a license was necessary to prevent greater harm. For example, if you had to drive someone to the hospital in an emergency situation, this defense might apply. Mistaken Identity: If you believe you have been wrongfully accused of driving without a license, your attorney can investigate the case and gather evidence to support your claim of mistaken identity. You will need to be prepared with many forms of proof for this. Negotiating with the Prosecutor In some cases, your lawyer may be able to negotiate with the prosecutor to have your charges reduced or dropped entirely. This process, known as plea bargaining, can effectively minimize the consequences of driving without a license. Your attorney can present mitigating factors, such as a clean driving record or efforts to rectify the situation (e.g., obtaining a valid license), to persuade the prosecutor to offer a more lenient outcome. Consider Pretrial Diversion Programs You may be able to access pretrial diversion programs for individuals charged with driving without a license. These programs allow you to avoid a conviction by completing certain requirements, such as attending classes or performing community service. If you successfully complete the program, your charges may be dismissed. Your lawyer can help you determine if you are eligible for a pretrial diversion program in your area. Contact a Cooke County, TX Criminal Defense Lawyer Facing charges for driving without a license can be a lot to try and handle on your own. Working with a Denton County, TX criminal defense attorney can make the process a bit smoother. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation to see how we can help you.

If you have been served with a restraining order, it is helpful to understand your rights and the legal options available to you. While a restraining order can significantly impact your life, you may be able to challenge it under certain circumstances. A Texas lawyer can help you figure out if you have the potential to challenge your situation. Grounds for Challenging a Restraining Order To successfully challenge a restraining order in Texas, you must demonstrate that the order was issued based on false or insufficient evidence. Some grounds for challenging a restraining order include: Lack of evidence: If the petitioner fails to provide sufficient evidence to support their claims of abuse, harassment, or stalking, you may argue that the restraining order is unwarranted. False allegations: If you believe the petitioner has made false accusations against you, you can present evidence to refute their claims and demonstrate that the restraining order is baseless. Improper service: In Texas, you must be properly served with notice of the restraining order hearing. If you were not served correctly, you may be able to reverse the order on procedural grounds. The Importance of Acting Quickly If you wish to challenge the restraining order, you must act promptly. You typically have a limited time to request a hearing after being served with the order. This hearing allows you to present your case and argue against the necessity of the restraining order. Failure to request a hearing within the specified timeframe may result in the order becoming permanent. Gathering Evidence to Support Your Case To effectively challenge a restraining order, you must gather evidence that supports your position. This may include: Witness statements from individuals who can attest to your character or provide insight into the situation. Text messages, emails, or other communication records that demonstrate the nature of your relationship with the petitioner. Photos, videos, or audio recordings that contradict the petitioner’s allegations. Police reports or other official documents related to the case. The Role of a Criminal Defense Lawyer Challenging a restraining order can be a complex and emotional process. It is highly recommended to seek the assistance of a criminal defense lawyer in Texas who can guide you through the legal system and protect your rights. Your attorney can: Review the restraining order and assess the strength of the petitioner’s case. Develop a strategic defense based on the specific circumstances of your situation. Gather evidence and witness testimony to support your challenge. Represent you during the hearing and present arguments on your behalf. Negotiate with the petitioner’s legal counsel to reach a favorable resolution, if possible. The Consequences of a Restraining Order It is important to recognize the potential consequences of having a restraining order against you. Depending on the type of order, you may be prohibited from contacting the petitioner, possessing firearms, or visiting certain locations. Violating the terms of a restraining order can result in criminal charges and severe penalties. By successfully challenging the order, you can protect your rights and avoid these negative consequences. Contact a Denton County, TX Criminal Defense Attorney If someone served you with a restraining order, you can possibly challenge it under specific circumstances. However, you will need to act quickly. Call Magaña & Van Dyke at 940-382-1976 to speak with a Cooke County, TX criminal defense lawyer and receive a free consultation.

Facing charges of public intoxication can lead to an overwhelming experience filled with uncertainty. Make sure you understand your legal rights and the steps you need to take to get the best outcome possible. A Texas lawyer can assist you in understanding the potential consequences and advise you on the appropriate course of action if you face such charges. What to Know About Public Intoxication Under Texas Penal Code Section 49.02, public intoxication is defined as appearing in a public place while intoxicated to the degree that you may endanger yourself or others. Alcohol, drugs, or any other substance can cause intoxication. It is important to note that you do not need to be driving to be charged with public intoxication; when you are intoxicated in a public space, it is enough to warrant an arrest. Potential Consequences of a Public Intoxication Charge In Texas, public intoxication is usually a Class C misdemeanor, punishable by a fine of up to $500. However, if you have prior convictions for public intoxication, the charges can be elevated to a Class B misdemeanor, which carries more severe penalties, including possible jail time and higher fines. Beyond the legal consequences, a public intoxication charge can also negatively impact one's personal and professional life. It may appear on background checks, potentially affecting one's employment opportunities or housing options. Steps to Take If Charged with Public Intoxication If you find yourself facing a charge of public intoxication, take the following steps to protect your rights and minimize the potential consequences: Remain calm and respectful: When interacting with law enforcement, maintain a peaceful and respectful demeanor. Avoid arguing or resisting arrest, as this can lead to additional charges. Exercise your right to remain silent: You possess the right to remain silent and refrain from self-incrimination. Politely inform the officers that you wish to exercise this right and refrain from answering questions about the incident without an attorney present. Gather evidence and witnesses: If possible, collect any evidence that may support your case, such as receipts showing how much you consumed or witness statements from individuals who can attest to your level of intoxication or behavior at the time of your arrest. Attend all court appearances: Make sure to attend all scheduled court appearances and follow your attorney's guidance throughout the legal process. Failing to appear in court can result in additional charges and penalties. Contact a Denton County, TX Criminal Defense Lawyer Being charged with public intoxication requires prompt action to protect your rights and future. By understanding the law, determining the potential of your case, and working with a Cooke County, TX criminal defense attorney, you do not have to go through the process alone and can take some of the weight off your shoulders. Call Magaña & Van Dyke at 940-382-1976 for a free consultation with a team that is genuinely concerned about the outcome of your case.

Facing a reckless driving charge in Texas can be intimidating. Understanding the potential consequences and taking the necessary steps to protect your rights is important. A Texas lawyer can help determine what constitutes reckless driving in Texas, the penalties you may face, and what actions you should take if you find yourself in this situation. What is Considered Reckless Driving in Texas? Under Texas Transportation Code Section 545.401, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. This can include behaviors such as excessive speeding, weaving in and out of traffic, or disregarding traffic signals. It is important to note that reckless driving is a criminal offense, not just a simple traffic violation. Penalties for Reckless Driving If convicted of reckless driving in Texas, you may face serious penalties. Reckless driving is typically a misdemeanor offense, punishable by: A fine of up to $200 for a first offense. Subsequent offenses may incur a fine of up to $500. Up to 30 days in jail. Driver’s license suspension for up to 30 days. A reckless driving conviction can also increase insurance premiums and negatively impact your employment opportunities. Steps to Take If Charged with Reckless Driving If you have been charged with reckless driving, consider taking the following steps: Remain calm and be polite: When interacting with law enforcement, remain calm and respectful. Avoid admitting guilt or making incriminating statements, as these can be used against you in court. Gather evidence: If possible, collect evidence that may support your case, such as witness statements, photographs of the scene, or dashcam footage. Contact an experienced attorney: Consult with an attorney with experience handling reckless driving cases. They can assess your situation, advise you on the best course of action, and help protect your rights throughout the legal process. Attend all court appearances: Make sure to attend all required court appearances and follow your attorney’s guidance. Failure to appear in court can result in additional charges and penalties. Consider plea bargains or alternative sentencing: In some cases, your attorney may be able to negotiate a plea bargain or secure alternative sentencing options, such as defensive driving courses or community service, which can help minimize the impact of a reckless driving charge on your record. Contact a Cooke County, TX Criminal Defense Lawyer Facing a reckless driving charge can be stressful, but it is essential to take action to protect your rights and possibly minimize the potential consequences. By understanding the law, gathering evidence, and working with a Denton County, TX criminal defense attorney, you can go through this challenging situation and work towards the best possible outcome for your case. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation with a team that truly cares about your outcome.

Whether you are accused of identity theft, hacking, phishing scams, or any other internet fraud, you must take the charges seriously from the start. A Texas lawyer is important to have on your side when your rights, freedom, and future are on the line. With the right legal strategy, you can fight back against these allegations and ensure your side of the story is told correctly. Types of Online Fraud Charges In Texas, several statutes can be used to prosecute online fraud cases. Common charges include: Fraud/Deceptive Trade Practices: This covers a wide range of deceptive online activities intended to unlawfully deprive others of money, property, or services. Identity Theft: Illegally obtaining and using another person’s identifying information, like name, date of birth, social security number, etc., for fraudulent purposes. Computer Crimes: Hacking, virus deployment, data theft, and other crimes targeting computer systems and data. The Consequences Are Severe Online fraud is treated very seriously under Texas law. Penalties can include hefty fines and potential prison sentences, even for first-time offenders. The exact punishments depend on factors like the monetary value involved and whether aggravating circumstances apply. For example, the fraud/deceptive trade practices charge alone can lead to a state jail felony conviction within time in a state jail and a fine that can vary. Large-scale fraud over $300,000 is prosecuted as a first-degree felony. Defending Your Case If you or someone you know is facing accusations of online fraud in Texas, it is essential to secure legal representation promptly. An aggressive defense strategy will be key to protecting your rights, freedom, and future. Some potential defense strategies, which depend on the circumstances: Lack of intent: Many fraud charges require proving intentional deception. Your lawyer may argue you lacked the requisite criminal intent. Entrapment: If law enforcement used overly persuasive tactics to induce the alleged crime, an entrapment defense may apply. Fourth Amendment violations: Challenges to illegally obtained evidence or unconstitutional searches or seizures. Overcharging: Prosecutors sometimes “overcharge” in an attempt to gain a plea bargain advantage. Your defense may negotiate for reduced charges. Denial of allegations: If you maintain lawful online activities, your lawyer will aim to create reasonable doubt by poking holes in the prosecution’s case. Contact a Cooke County, TX Criminal Defense Attorney Regardless of the situation, you are entitled to a defense against allegations of online fraud. A Denton County, TX criminal defense lawyer is ideal to have on your side to determine which step you should take next. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation.

In Texas, public intoxication refers to appearing in a public place while intoxicated to the point where you may endanger yourself or another person. The specifics of public intoxication laws and penalties are important to understand if you have been charged with this offense. A Texas lawyer can help you determine the potential outcome of your charges and what you should likely do next What Constitutes Public Intoxication? Under Section 49.02 of the Texas Penal Code, a person commits an offense of public intoxication if they appear in a public place while intoxicated to the degree that they may endanger someone else or themselves. It is vital to know that Texas law does not state a blood alcohol concentration (BAC) level that definitively proves intoxication. Officers rely on common signs of intoxication to determine if someone is publicly intoxicated, including: Slurred speech Unsteady balance A strong odor of alcohol Red or glassy eyes Difficulty completing sobriety tests Just having consumed alcohol prior to appearing in public does not necessarily mean you will meet the standards for public intoxication. Instead, it depends on your outward displays and the officer’s judgment. Where Public Intoxication May Occur Many people assume public intoxication can only happen outdoors on streets, sidewalks, or in parks. However, under Texas law, indoor spaces like stores, bars, restaurants, lobbies, parking garages, and stadiums constitute public places. You do not necessarily have to be wandering the streets to face public intoxication charges. Any business or space considered open to the public applies. Even common areas of apartment buildings may fall under public intoxication laws. Penalties and Punishment in Texas In Texas, public intoxication is classified as a Class C misdemeanor. If convicted, you face up to $500 in fines. There is no jail time for first-time offenders. Depending on the type of charge, there may not be jail time either, even if it is a repeated offense. Your specific penalty depends heavily on mitigating factors of your public intoxication offense: Criminal history Cooperation with law enforcement Disruption caused at the time of the offense Available defense arguments It is also possible to have public intoxication charges dismissed through a plea bargain or upon further review of the circumstances. A lawyer can advise you on the best options based on your circumstances. Contact a Cooke County, TX Criminal Defense Lawyer Public intoxication allegations can carry steep consequences in Texas, both legally and personally. Never assume you cannot face charges based on location or blood alcohol level. You should be aware of your rights when you face these charges. A Denton County, TX criminal defense attorney can help explain your options. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

Being arrested can be scary and confusing, and you feel unjustified, especially when you know you have done nothing wrong. So when police slap handcuffs on you, it is understandable to pull away or question why it is happening instinctively. However, physically resisting arrest or disobeying officers' orders could lead to additional charges that hurt your case. If you find yourself accused of resisting arrest, do not panic. With the right evidence and legal argument, you may be able to beat the charge and even have the mistaken arrest wiped from your record. A Texas criminal defense attorney can help you to see if there is any potential to fight your charge. Were You Unaware You Were Resisting? Another defense your lawyer might use is that you were unaware you were resisting in the first place. Perhaps you reflexively pulled your arm back when cuffed or did not hear instructions over ambient noise. Texas law requires suspects to resist for it to be a knowingly committed crime. Your charge could get dismissed with evidence you did not intend to oppose officers. Questioning the Legality of the Initial Detention or Arrest The very first step is determining whether the original detention or arrest by law enforcement was legal in the first place. Sometimes, you can still face charges even if the arrest was unlawful. However, you can work to fight the charges. So, for example, if police officers put their hands on you, restrained you, or took you into custody without proper probable cause or a valid warrant, then any reasonable resistance or failure to comply on your part would likely not qualify as a crime under Texas law. An experienced local criminal defense lawyer can thoroughly review your arrest's specifics to assess whether law enforcement overreached its authority or blatantly violated your civil rights and liberties. Were Mistakes Made In Reporting the Arrest? Carefully scrutinize the police report for any misleading or false statements about how the arrest went down. Common mistakes include: Exaggerating the level of resistance shown Failing to note communication problems impacting compliance Lying about orders given or conduct during the arrest Spotting material inaccuracies can help undermine the state's case and have charges reduced or thrown out. Contact a Denton County, TX Criminal Defense Lawyer With an attentive Cooke County, TX criminal defense attorney fighting by your side, you have a strong chance of beating the charge and clearing your name. Do not be afraid to push back against police misconduct. Call Magaña & Van Dyke at 940-382-1976 to get started with a free consultation and to see if and how we can help you with your specific situation.

Being charged with a felony offense can be an incredibly stressful and life-altering experience. Naturally, those facing a felony charge will be eager to understand if there are any options to get the charges dropped or reduced to a misdemeanor. While every case has unique details, there are a few common strategies that a Texas criminal defense lawyer can use to advocate for dropped or reduced charges. File a Motion to Suppress Evidence One of the most effective ways to get felony charges dropped is by filing a motion to suppress evidence. If there are issues with how evidence against you was obtained by police and prosecutors, your defense attorney can argue that it violates your Constitutional rights and should be inadmissible. For example, if evidence was seized without probable cause or reasonable suspicion of a crime, your attorney can file a motion to suppress. If the judge agrees that prosecutors or police acted improperly in collecting evidence, the judge may suppress that evidence, which can result in dropped or reduced charges due to lack of evidence. Negotiate a Plea Deal Prosecutors know that felony trials require significant resources and prosecutors are often open to negotiating plea deals that reduce charges. Your attorney will thoroughly review your case and identify weaknesses, lack of evidence, or extenuating circumstances that could convince prosecutors to offer a plea deal to a lesser misdemeanor charge. This strategy avoids the risk of losing at trial and results in greatly reduced penalties compared to a felony conviction. Use an Affirmative Defense Strategy Texas law provides certain affirmative defenses that may justify otherwise illegal behavior. For example, self-defense, insanity, duress, or necessity. By building an argument supported by evidence that your actions were protected under the law, your attorney may get charges dismissed by a judge in pre-trial proceedings or win an acquittal at trial. Contact a Denton County, TX Criminal Defense Attorney The consequences of a felony conviction can last for years or even the rest of your life. The potential of jail time, fines, and barriers to jobs and housing justify an aggressive defense strategy to get charges dropped whenever possible. A Cooke County, TX criminal defense lawyer can potentially review the facts of your unique case and apply negotiation tactics. Call Magaña & Van Dyke at 940-382-1976 for a free consultation to get started and see what the potential may be for your specific case.