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Compared to simple possession charges, the penalties for drug distribution in Texas can be strict. This is partly a measure to crack down on the drug trade, as sellers are often viewed as part of a larger problem. However, do not assume that you are safe from distribution charges just because you were not arrested during a transaction. The police can use circumstantial evidence to charge you with possession with intent to deliver, which can come with serious punishments. A Texas drug crimes defense lawyer can work with you to determine the best strategy for the charges you face. If the evidence against you is not strong enough, an attorney can argue to have the charges reduced or even dropped. At Magaña & Van Dyke, we can represent you in court for charges of possession with intent to deliver Can a Drug Stash Indicate Intent to Deliver? When looking for evidence of intent to deliver, prosecutors may consider the amount of drugs seized. A stash of drugs may not mean anything by itself. However, an exceedingly large quantity of drugs could suggest the stash was not meant for personal use. Keep in mind, drug distribution penalties increase with higher quantities of drugs. Depending on the amount of drugs seized by police, this could come with strict felony charges. If you have been accused of possession with intent to deliver, we can challenge the prosecution’s assumptions about what your intentions were. If the accusation is not grounded in hard facts, we could argue to have the charges reduced to mere possession. Do Police Check Cell Phones in Drug Distribution Cases? As part of a criminal investigation for possession with intent to deliver, police may search for proof of some kind of transaction. Your cell phone could be seized, and if the authorities find any text messages or voicemails that show that you planned to meet up with someone, those communications could be used against you. Even if you did not directly refer to drugs or a controlled substance, the prosecution could make an inference based on context. Can Police Search My Home Without a Warrant? In order to search your home or vehicle for drugs, police officers need a warrant. If law enforcement officers knock on your door without a warrant, you are under no obligation to let them in. The only exception to this rule is if there is evidence in plain sight, like a dime-bag of cocaine in the back seat of your car. You have constitutional rights that protect you against unlawful search and seizure. At Magaña & Van Dyke, we can argue to uphold those rights in court. Meet With a Cooke County, TX Drug Crime Defense Lawyer Police do not need to witness a transaction to charge people with drug distribution. If you have been accused of possession with intent to deliver, you should seek legal representation immediately. At Magaña & Van Dyke, our Denton County, TX criminal defense attorney can represent you in court. Call us at 940-382-1976 to schedule a complimentary consultation.

Being convicted of a sex crime in Texas can come with hefty punishments. In addition to the threat of fines and jail time, you may be forced to register as a sex offender. This can have a severely damaging impact on your reputation, and depending on the offense, registration may be permanent. If you have been charged with a crime that requires registration, a Texas sex crimes attorney can defend you in court and explore your options to protect your future. Sex offenders in Texas are required to adhere to certain rules, that, if violated, could lead to criminal charges. At Magaña & Van Dyke, we can advise you of your rights and explain your options to avoid ending up on the sex offender registry. The Sex Offender Registry Is Publicly Available One of the main purposes of the sex offender registry is to alert people of potentially dangerous individuals in their community. As such, information about sex offenders, including identifying information and the crimes they were convicted of, is publicly available. If you are on the registry, people can see your name, a photograph of your face, and your home address. Depending on the perceived risk, schools in your area may be notified of your registration. In Texas, sex offender registration can last either for 10 years or life. Convictions of sex offenses involving minors typically result in lifetime registration in Texas. Offenders Must Check in With Law Enforcement Sex offenders in Texas are required by law to periodically check in with local police agencies. Many sex offenders are only required to check in once a year with local law enforcement. However, if you are deemed to be a sexually violent predator, you may have to check in once a month. The purpose of these check-ins is to verify that all of the information about your registration is still accurate. You will also be required to notify law enforcement of any changes in your "online identifiers" on social media websites. Failing to comply with any check-ins could result in felony charges. Residency Restrictions for Sex Offenders If you have been placed on a sex offender registry, you may be prohibited from living near a place where children congregate, such as public parks or schools. The exact distance may vary depending on the town or county, from 500 to 2,000 feet. This can severely restrict your ability to find housing, so avoiding mandatory registration is in your best interests. Additionally, as a sex offender, you will be barred from living on the campus of a college or university. You may also be barred from working in positions that involve contact with children. Contact a Denton County, TX Sex Crimes Defense Attorney Today If you have been charged with a sex crime, you should know about the possible consequences of a conviction. At Magaña & Van Dyke, we represent people accused of criminal sexual misconduct. We will consider the long-term impact of your case and pursue a strategy that serves you well. To schedule a free consultation with our Cooke County, TX sex offense lawyers today, call our offices at 940-382-1976.

A charge of driving while intoxicated (DWI) can be frightening to deal with – especially if you were mistakenly accused of being impaired at the wheel. A Texas DWI conviction can have immediate consequences, ranging from jail time to the suspension of your license. Worse, the long-term effects of a criminal conviction could follow you for years to come. With this in mind, it is important that you challenge any false accusations of DWI. A Texas DWI defense lawyer can provide you with aggressive representation in court, exploring all avenues to support your case. At Magaña & Van Dyke, our criminal defense attorneys are here to fight for your rights, as we treat every client as an individual deserving of respect and dignity. Medical Conditions Mistaken for Drunkenness Can Lead to DWI Charges There are a whole host of medical conditions that an unaware police officer might mistake for impairment. For instance, a pronounced speech impediment could be interpreted as intoxication-related slurred speech. If you have been arrested and charged with DWI for a medical condition that is out of your control, our attorneys are ready to advocate for you. We can help compile documentation about your condition and present it for the court’s consideration, making a case for your rights. Rising BAC Can Give False Positives for DWI Police officers often use blood alcohol concentration (BAC) as evidence for DWI cases. At .08 percent BAC, you are legally considered intoxicated. While BAC is a more scientific measure of sobriety, it is not always accurate. In some cases, a driver’s blood alcohol concentration can be skewed by his or her most recent drink. This can lead to BAC readings that might not reliably indicate the driver’s real degree of impairment. Suppose that you were pulled over and arrested on suspicion of DWI. Your BAC could have risen over the legal limit by the time you were tested at the police station. At Magaña & Van Dyke, we can closely examine the results of chemical testing as well as the timing of your arrest and the test. Poor Conditions for Field Sobriety Tests Field sobriety tests allow police officers to obtain evidence to justify a DWI arrest. If a driver exhibits unstable balance or poor coordination during a field sobriety test, the results of the tests could be used against him or her. However, field sobriety tests are rarely administered in ideal conditions. Low light, fog, rain, sleet, or other factors can easily cause a sober person to fail a field sobriety test. Our lawyers will review the procedures used by the officers during the tests to see if the results hold up. Meet With a Cooke County, TX DWI Defense Lawyer Have you been accused of DWI while not actually drunk? If so, seeking out legal representation is in your best interests. At Magaña & Van Dyke, our Denton County, TX DWI defense attorneys have years of experience representing clients who were falsely accused of drunk driving. We will prepare a legal strategy for your defense, accounting for the specific circumstances of your arrest. Call us at 940-382-1976 to schedule a free consultation today.

In most cases, probation is a preferable alternative to a prison sentence. However, probation comes with terms and conditions that, if violated, could have serious consequences. If you are accused of violating the terms of your probation, it is in your best interests to seek out legal representation. A Texas criminal defense lawyer can help to protect your rights in court, providing you with aggressive representation and strong counsel. At Magaña & Van Dyke, we understand how stressful an accusation of violating probation can be. We know that your freedom is at stake, so we will explore all possible avenues as we work toward a favorable outcome. What Counts as a Probation Violation? If you have been released on probation, it is important to understand exactly what is expected of you. You may be prohibited from certain acts, like drinking or using drugs. Additionally, you may be required to check in with your probation officer regularly. Making a mistake just once can result in you being brought before a judge, and pleading ignorance will rarely pass as a valid defense. At Magaña & Van Dyke, we are dedicated to protecting your rights regardless of any accusations. We will review the details of your case and the exact terms of your probation to understand whether the alleged violation occurred. What Are My Defenses in a Probation Hearing? There are many ways to fight an allegation of violating the terms of your probation. Depending on the facts of your case, we argue that: The terms of your probation were too vague The terms of your probation were unreasonably difficult to follow There is not enough evidence to prove that you violated your probation You violated the terms of your probation due to unavoidable circumstances At Magaña & Van Dyke, we will help you build your case before your court hearing. We can also help you negotiate for an optimal outcome, mitigating the damage to your personal and professional life. Possible Outcomes of a Probation Hearing in Texas A probation hearing can end in any number of ways. The outcome will depend on whether or not the judge agrees that a violation occurred, and how serious the violation was. A a probation hearing can have one of several outcomes, including: Dismissal: Your probation continues as normal and no further action is taken against you. Warning: You are let off with a warning. This may apply to minor or accidental violations of probation. Modification: The terms of your probation are modified, sometimes with more restrictive conditions. Extension: Your probation period is increased for a length of time at the judge’s discretion. Revocation: Your probation period ends and you are sent to jail to serve the rest of your sentence. Your probation can be revoked even on a first violation. At Magaña & Van Dyke, we will do everything we can to help you avoid a revocation of probation, arguing for your rights in court. Meet With a Denton County, TX Probation Defense Lawyer At a probation hearing, your freedom can hinge on a judge’s decision. Our Cooke County, TX criminal defense attorney is here to represent you. Call Magaña & Van Dyke at 940-382-1976 to schedule a free initial consultation today.

When it comes to allegations of criminal offenses, you might assume that the legal proceedings will only involve the hard facts of what happened. However, this is far from the truth. Sometimes, the difference between a conviction and a dismissal could hinge on intent. Proving a lack of intent can be a solid defense against many crimes. At Magaña & Van Dyke, we represent clients accused of a wide variety of misdemeanor and felony charges. Our Denton, TX criminal defense lawyers will go over your case to explore all possible strategies for getting the charges reduced or dropped, including an intent-based defense. What Is Criminal Intent? The Texas Penal Code defines intent as committing an act with a "conscious objective or desire" in mind, leaving no room for accidents. This term is often used alongside other legal terms of culpability, like "knowingly" or "recklessly" which are less purposeful than intent. Intent can have a significant impact on the outcome of a trial. For instance, if you strike someone with your car and kill them, you could be charged in various ways depending on whether you did it on purpose or it was an accident. At Magaña & Van Dyke, we can discuss the details of your case with you privately to better understand how intent will play a role in the possible sentence. How Do Prosecutors Prove Intent? It is of course very difficult to prove what someone’s motivations are without knowing their thoughts, so prosecutors will look for other indirect evidence to prove intent. To give a common example, a mere drug possession charge could be upgraded to possession with intent to distribute if the police found packaging materials around your home because that is not usually associated with drugs for personal use. Keep in mind that the prosecution does not have to prove that you had intent with 100 percent certainty. To convict you, the prosecutor only needs to establish that you committed the alleged crime beyond a reasonable doubt. At Magaña & Van Dyke, we will review all of the available evidence and challenge any assumptions made against you. The Importance of an Attorney Having a skilled criminal defense attorney at your side can help you fight accusations of criminal intent. Since the burden of proof is on the prosecution to establish intent, a criminal defense lawyer can poke holes in the case against you by asserting that there is not enough evidence to prove you intentionally or knowingly committed a crime. Consider the crime of soliciting a prostitute. Police officers may catch two people suspected of engaging in prostitution and arrest them both. However, if the prosecution cannot prove that the parties intended to engage in a transaction, a defense attorney can call the charges against you into question. At Magaña & Van Dyke, our lawyers can advocate on your behalf before a judge and make an argument for a lack of criminal intent. Contact a Cooke County, TX Criminal Defense Lawyer Today Have you been accused of committing a crime without solid evidence of intent? Our Denton County, TX criminal law attorneys can give you a voice in the courtroom and present your version of events to a judge. Call our offices at 940-382-1976 to schedule a free consultation today.

Recently, a North Texas couple found themselves facing murder charges after allegedly supplying a woman with fentanyl, which ultimately resulted in her death. The 34-year-old woman was pronounced dead at the scene; the Tarrant County Medical Examiner’s Office ruled the cause of death as fentanyl toxicity. Over the course of the investigation, it was found that two Dallas residents sold fentanyl to the woman prior to her death. There have been multiple fentanyl murder arrests since a state law that created the criminal offense of murder for supplying fentanyl went into effect on September 1, 2023. If you give or sell drugs to another person that are laced with fentanyl – even if you were not aware of that fact – you could find yourself facing very serious criminal charges. A Cooke County, TX criminal defense attorney can build a comprehensive defense on your behalf, ensuring your rights and your future are protected. How Common Are Fentanyl Deaths in Texas? In the first six months of 2022, almost 200 people were killed by opioid overdoses in Travis County alone – more than twice the number of deaths from car accidents and suicides. Drugs that were laced with fentanyl accounted for more than half of those deaths. Across the state, there were 1,672 fentanyl deaths in 2021. More than half of all the young adults who abused prescription opioids got them from a family member or a friend, and more than three-quarters of all drug overdose deaths involved an opioid. Fentanyl is a synthetic opioid that is deadlier than heroin and is often used to "cut" other opioid drugs. Fentanyl is similar to morphine but at least 100 times more potent – and more deadly. Illegally manufactured fentanyl may also be added to cocaine, methamphetamine, heroin, Adderall, Xanax, and Molly. Many people are unaware they are ingesting fentanyl and usually have no idea that a fentanyl amount equal to two grains of salt can kill. Are There Problems with the Texas Fentanyl Murder Statute? The part of the Texas Penal Code that details murder charges now has a section that refers to the criminal charge of murder that arises out of the delivery or manufacturing of fentanyl that results in death. While there is little argument that manufacturers and dealers of fentanyl or any drug containing fentanyl should be held criminally responsible for deaths related to those drugs, the law also applies to anyone who delivers fentanyl. While "delivery" could mean a dealer who profits from the delivery of fentanyl or fentanyl-laced drugs, it also encompasses a person who uses the drug and shares it with a fellow user or addict. This means that those who share drugs could be charged with fentanyl murder if one person overdoses, even though it could be the person who called the police to report the overdose. A person sharing drugs may have absolutely no knowledge that a drug is laced with fentanyl. Jurors have imposed harsh sentences on fentanyl dealers and manufacturers in the state. Whether those same harsh sentences for an individual who used drugs with another individual should be just as harsh is highly debatable. When two drug addicts share a drug with no knowledge it contains fentanyl, and one of them dies of a fentanyl overdose, it hardly seems just that the other would be charged with fentanyl murder. What Are the Penalties for Fentanyl Murder? Fentanyl murder is a first-degree felony, punishable by 5-99 years in prison and a fine as large as $10,000. There is an intent requirement, but it only applies to the manufacture or delivery of the drug, not to the death. This means that under the current law, intent is not a requirement to be found guilty of fentanyl murder. Contact a Denton County, TX Criminal Defense Lawyer If you are facing charges of fentanyl murder, it is essential that you speak to a highly experienced Cooke County, TX criminal defense attorney from Magaña & Van Dyke. Our attorneys treat every client with respect and dignity as we seek to protect and preserve your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

Anyone who watches crime dramas on television has probably seen an actor attorney implementing the insanity defense for his or her client. And, on television, this defense seems to work out well for the accused. In reality, " not guilty by reason of insanity " is a defense that is rarely used. The primary drawback of the insanity defense is the potential for defendants to feign or exaggerate mental illness to avoid prison. Evaluating a person’s mental status at the time of a crime can be extremely subjective and complex. Five different mental experts could have five different opinions regarding a defendant’s sanity, making it extremely challenging to use insanity as a defense. If you are facing criminal charges, it is extremely important that you speak to a knowledgeable Cooke County, IL criminal defense attorney as quickly as possible so that your attorney has time to craft a comprehensive defense on your behalf What is the Insanity Defense in Texas? Not guilty by reason of insanity is a defense used by only a small number of people each year across the state of Texas, despite the fact that thousands of mentally ill people are arrested in the state each year. The insanity defense is reserved for those who did not know their conduct was wrong because of a severe mental illness. As an example, a mentally ill person might hear voices that tell him or her to hurt another person - something that is both morally wrong and illegal. For an insanity defense to be successful, the defense attorney must prove two things: The defendant suffered from a severe mental defect or disease. As a result of the severe mental defect or disease, the defendant was unaware that his or her conduct at the time of the crime was wrong. What is the Punishment When an Insanity Defense is Successful? If a defendant is found not guilty by reason of insanity, they are technically acquitted of all criminal charges. This does not mean the defendant will immediately be released into society. After a verdict of not guilty by reason of insanity, a judge will hold a hearing within 30 days. This hearing will determine whether the person committed a violent offense and whether he or she is mentally ill. If the court finds that the defendant either did not commit a violent offense or is no longer mentally ill, the individual may be discharged on his or her own, placed with a responsible person, or transferred to probate court. If the defendant is transferred to probate court, there will be a civil commitment proceeding to determine whether he or she should be committed to a Texas Department of Mental Health facility. If the crime is violent, the court can either retain jurisdiction or transfer the defendant to probate court. If the court retains jurisdiction, the defendant can be committed to a maximum-security state hospital for up to 90 days. When the initial 90 days are up, the judge will determine whether the defendant should be recommitted for up to a year. When each year of commitment is up, the judge can have the defendant recommitted for another year, up to the number of years of prison the defendant would have received if found guilty of the offense. Why is the Insanity Defense Rarely Used in Texas? Only about one percent of all criminal cases use insanity as a defense. Of that one percent, few are successful, especially in a jury trial. Jurors typically have a hard time finding a defendant not guilty when they are fairly certain the defendant committed a criminal offense. Jurors may not be told that defendants who are found not guilty by reason of insanity will typically be held in a state mental health facility until a medical treatment team judges them stable enough to be released. Beyond that, a judge must approve of any such release. Contact a Denton County, TX Criminal Defense Lawyer If you have been charged with a crime, it is essential that you receive a comprehensive defense. When you choose a Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you can be sure you will receive a solid defense with an eye toward the best outcome possible. Call 940-382-1976 to schedule a free consultation. Se Habla Espanol.

While it may seem difficult to believe, the police can—and will—lie to you during a criminal investigation. In fact, police officers are trained in these tactics to lead you into making an incriminating statement. From attempting to persuade you that confessing is in your best interests to working hard to convince you that your behavior is unlikely to result in charges, blatant untruths are extremely common during an investigation. Understanding this is critical so you do not inadvertently say something that will make charges more likely or more serious. Before you meet with a police officer, a police investigator, or a state prosecutor, it is extremely important that you speak to an experienced Cooke County, TX criminal defense lawyer. Is Police Deception Allowed Under the Law? Court rulings, including Frazier v. Cupp (1969), have upheld the practice of allowing police to lie to suspects during investigations and interrogations. In this particular case, the court ruled that no constitutional provisions are violated when police officers use deception to elicit a confession (Code of Criminal Procedure 38.22) or trick a suspect into giving the police details about a specific crime. There are very few rules regarding the ability of the police to lie to suspects. Police are not supposed to coerce an innocent person to confess to a crime he or she did not commit – although there are plenty of instances where that very thing happens. The police cannot psychologically bully a suspect into making a statement by using outright threats or false assurances and are not allowed to blatantly misrepresent a suspect’s legal rights. All of that being said, police can and do "walk the line" when investigating crimes. How Do Police Typically Lie to Suspects? There are many different ways a police officer can either tell an outright lie or simply hint that something is true that is not. A police officer could tell a suspect that a witness at the scene of the crime identified the suspect or that his or her fingerprints were found at the scene of the crime. Implying leniency is a way many police officers lie to suspects by "suggesting" that a confession will result in a more lenient sentence – or will allow the suspect to go home. Only prosecutors can make deals, so any deal offered by a police officer is nothing more than a ploy to obtain a confession. A police officer may downplay the seriousness of the situation, telling a suspect that he or she is simply "a person of interest" or a witness while gathering evidence against the suspect. False confessions are relatively common simply because a person unused to the criminal justice system might believe it when an officer says if he or she will just confess, the ordeal will be over. In particular, younger suspects, those unfamiliar with their rights, and those with cognitive impairments are especially prone to making false confessions under pressure. Tricking a suspect into a confession may take the form of overstating the penalties of a conviction for the criminal offense being investigated. Police officers may also present the suspect with several possible scenarios of the crime to get him or her to confess to one of those scenarios. While police officers are no longer allowed to physically assault suspects, they do use interrogation tactics that are meant to create a sense of isolation and fear. Being deceived by the police can leave lasting scars, including a sense of betrayal, anxiety, fear, and anger. When police deception crosses the line into violating the suspect’s rights, a knowledgeable criminal defense attorney can use that to potentially have the charges dropped or lowered. Contact a Denton County, TX Criminal Defense Attorney If you have been asked to come in to speak to the police or you have been arrested and placed in an interrogation room, you need to immediately ask for a Cooke County, TX criminal defense lawyer. After doing so, refuse to answer any questions until your attorney arrives. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

Although criminal charges can occasionally come out of left field, in many cases, an individual is aware that he or she could be under investigation by law enforcement. If you suspect you could be under investigation, it is extremely important to be proactive. Rather than waiting in dread until you are arrested, getting ahead of the situation can ensure your rights are protected while positively influencing the outcome of the potential charges. It can be very beneficial to speak to a knowledgeable Cooke County, TX criminal defense lawyer who can guide you through a pre-file investigation. What is a Pre-File Investigation? If police think you may have committed a crime, but no formal charges have been made, this is known as a pre-file investigation. During a pre-file investigation, evidence is gathered, and interviews are conducted to determine whether there is sufficient evidence to charge you with a crime. At this stage, law enforcement could also be conducting surveillance (including video and audio recordings) and observing your behavior. Every interaction you have with law enforcement can impact the outcome of the criminal charges. When an experienced criminal defense attorney intervenes early on, it can prevent you from saying something that might inadvertently strengthen the case against you. A skilled attorney may also be able to present exculpatory evidence that will convince the prosecutor not to file charges. What Should I Do if I Think I Am Being Investigated? The first thing you must do if you believe you are being investigated for a crime is speak to an attorney. You should also take note of the following tips if you believe you are under investigation for a criminal offense: Never make a statement to anyone in law enforcement – including investigators for the police or prosecutor – without first speaking to an attorney. Do not talk about the potential charges (or the criminal act that triggered an investigation) to anyone, including family members or friends. Be careful what you say on the phone or even in your home in the event you are being listened to by law enforcement. Never voluntarily consent to a search of your property, belongings, or person unless the police have a valid search warrant signed by a judge. If you have any evidence that supports your innocence or otherwise supports your case against criminal charges, make sure that evidence is properly secured. This might include witness contact information, text messages or emails, and your own account of the alleged criminal offense. If law enforcement has a warrant, do not attempt to obstruct them, but do read the warrant carefully and contact your attorney immediately. The warrant should have a "scope," meaning it will detail what areas can be searched. If law enforcement asks you to make a "voluntary" statement, do not say anything until you have spoken to your lawyer. Ways Your Attorney Can Help You During the Pre-File Investigation As noted, the outcome of your potential criminal charges can benefit from strategic legal intervention, including negotiating with the prosecutor to reduce the anticipated charges or ensure that charges are not filed at all. Your attorney can gather evidence that supports your version of events regarding the alleged crime and secure expert testimony from those who can challenge the prosecutor’s version of events. Finally, your attorney will be prepared for a variety of scenarios, ensuring you are in the best possible position regardless of what police or prosecutors do. Contact a Denton County, TX Criminal Defense Lawyer Every case and every defendant are unique in some way, requiring a comprehensively tailored approach. When you choose a highly qualified, experienced Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you have taken an important step toward safeguarding your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

A recent call to law enforcement in Palo Pinto led to two men and one woman being charged with capital murder. An elderly resident of Dallas County was found dead beside I-20. His vehicle was later found near Gainesville, and a subsequent investigation linked three people to the murder. All three suspects in the case remain in the Cooke County Jail, charged with capital murder and auto theft, under bonds of $1,010,000 each. In the state of Texas, the biggest difference between murder and capital murder is distinguished by the potential for the death penalty for those convicted of capital murder. Murder is punishable by life in prison with the possibility of parole, while capital murder – when not punished by death – is punishable by life in prison with no parole. If you have been charged with capital murder in the state of Texas, it is extremely important that you speak to a knowledgeable Denton County, TX criminal defense attorney. What Defines Capital Murder in Texas? Capital murder is defined under Section 19.02(b)(1) as a murder with additional aggravating circumstances. As the most severe crime in the state, capital murder also brings the most severe punishment – the death penalty. Capital murder is defined as intentionally or knowingly killing a person under specific circumstances, such as murder for hire, the murder of a peace officer or firefighter, or murder during the commission of a serious crime. Capital murder – like murder - requires intent, premeditation, or indifference to human life. What Are the Other Types of Murder in Texas? What most states refer to as "first-degree" murder, Texas calls capital murder. Murder in the state can be charged when a person intentionally or knowingly causes the death of another person or intends to cause serious bodily injury and commits an act that results in the death of another person. While often a first-degree felony, murder can be charged as a second-degree felony if the act was committed in the heat of passion. A first-degree felony for murder can result in from five to 99 years in prison, with the possibility of parole and fines as large as $10,000. A second-degree felony murder charge is punishable by two to 20 years in prison and fines as large as $10,000. Manslaughter occurs when a person’s death is caused by a reckless disregard for human life and can be separated into involuntary manslaughter and voluntary manslaughter. Both are considered second-degree felonies with punishments of two to 20 years in prison and fines up to $10,000. Criminally negligent homicide involves causing the death of another person through criminal negligence like reckless driving. Criminally negligent homicide is a state jail felony; a conviction for this offense carries between 180 days and two years in a state jail facility and a fine as large as $10,000. What Are the Potential Defenses Against Murder? While your specific defense will depend on the circumstances and facts surrounding your charges, some of the more common defenses for murder charges include: Mistaken identity occurs when a witness misidentifies a person charged with murder. Even though eyewitnesses may not mean to identify the wrong person, human memory is fallible. Self-defense can be a defense when equal force is used to protect the individual or their loved ones. An attorney will show the person charged with murder did not instigate the threatening situation and had a reasonable fear of death or bodily harm. Insanity can be used as a defense to murder in some instances if the person suffers from temporary or permanent diminished mental capacity to the extent that he or she does not realize the act is wrong. An attorney may be able to prove that there was no criminal intent to harm the other person (an element of murder) and that the death of the person was an accident rather than murder. Contact a Cooke County, TX Murder Lawyer There is no crime with harsher penalties than murder – particularly capital murder. When your life is on the line, you need a Denton County, TX murder attorney from Magaña & Van Dyke to strongly defend your rights and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

Following a sex scandal involving the senior pastor and founder of the Gateway Church in Dallas a few months ago, many state lawmakers are considering asking for harsher penalties for sex crimes against children. The upcoming legislative session in January 2025 may see some proposals meant to do just that. While every adult in the state of Texas who knows or suspects child sexual abuse is considered a mandatory reporter, few District Attorneys prosecute those who do not report. Some would like to see this changed, along with the removal of statutes of limitations for Texas child sex abusers. While sexual abuse of a child is something few adults would champion, there are instances when children could be "coached" by another adult to claim something that did not happen. Regardless of the circumstances, if you are charged with sexual abuse of a child, it is extremely important that you speak to a knowledgeable Cooke County, TX criminal defense attorney. What Are Sex Crimes Against Children? The most commonly charged sex crimes against children in the state of Texas include: Criminal Solicitation of a Minor Indecency with a Child Under 17 Improper Relationship Between Educator and Student Sexual Performance by a Child Possession or Promotion of Child Pornography Child Molestation Continuous child molestation Penalties for Sex Crimes Against Children Indecency with a child may be charged as a first-, second-, or third-degree felony. A third-degree felony for indecency with a child carries a penalty of no more than 10 years and no less than two years in prison. An improper relationship between an educator and a student is a second-degree felony, punishable by no more than 20 years or no less than two years in prison. The sale, distribution, or display of harmful material to a minor under 18 is either a Class A misdemeanor (up to one year in jail and a fine of $1,000) or a third-degree felony (up to 10 years in jail, but no less than two years). Sexual performance by a child involves any performance (play, video, motion picture) is a second-degree felony with penalties of no more than 20 years in prison and no less than two years. Employment harmful to children is a Class A misdemeanor, punishable by up to $4,000 in fines, up to one year in jail, or both. Possession or promotion of child pornography is either a third-degree felony punishable by no more than 10 years in prison and no less than two years or a second-degree felony punishable by no more than 20 years in prison and no less than two years. Child molestation is also a second-degree felony with the same penalties as those listed above Potential Defenses for Child Sex Crimes in Texas Child sex crimes are among the most difficult to defend. While each case is unique and will require a highly tailored defense, below are some of the most commonly used defenses to sex crimes against children. Examining a child’s testimony to determine whether the child has been coached by an adult with an ulterior motive. Determining whether statements from the accused were improperly obtained. Determining whether other civil liberties of the accused were violated, such as no Miranda reading or refusing the defendant’s request for an attorney. Police errors, including improper collection and handling of physical evidence. Contact a Denton County, TX Sexual Abuse of a Child Lawyer If you are facing charges involving a sex crime against a child, it is extremely important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you have a Cooke County, TX sexual abuse of a child attorney from Magaña & Van Dyke, you can expect the best outcome possible for your charges. Call 940-382-1976 today to schedule your free consultation. Se Habla Espanol.

If you have ever had a party at your home or been to a rowdy college party at a friend’s home, you may know that feeling of panic and fear when the police knock on the door and demand that the owner let them in. Even when there is nothing illegal going on in the home, it can be a gut-wrenching experience. Are you sure there is nothing illegal going on? What if someone at the party has a joint in his or her pocket? What if one of the guests is not old enough to drink alcohol? What if the police know about that speeding ticket you forgot to pay? If you do not open the door, will they break it down like they do in the movies? Since most people do not have a criminal defense attorney on speed dial, you may be uncertain of your rights and whether you legally have to open the door and let the police in. If you did let the police in without a warrant, or if you refused and they promised to come back with a warrant, you need to speak to an experienced Cooke County, IL criminal defense attorney as quickly as possible. Can the Police Come In If the Owner Refuses? The United States and Texas Constitutions protect the right of people to be secure in their "persons, houses, papers, and effects" against unreasonable searches. By definition, then, a search must be reasonable. If a search is later deemed to be unreasonable, all the evidence gathered from that search will be considered inadmissible. The police almost always need a warrant to enter a person’s home without permission. To get that warrant, they must convince a judge, based on probable cause. A search is virtually always unreasonable without a warrant – or permission from the homeowner – with a couple of exceptions. If the police are knocking on the front door, the owner does not have to open the door. If the owner does open the door and the police ask to come in, the owner should ask whether they have a warrant. If they say they do have a warrant, the owner should ask that they hold it up to a window or slide it under the door. Chatting with the police, even through a screen door, is virtually never a good idea. The minute a person talks to the police, evidence begins to accumulate that can be used against him or her. The only thing anybody should ever say to the police (other than providing his or her name and address if asked) is, "I will not answer questions without a lawyer present." But what about those "exceptions"? Police without a warrant can enter a home when there are " exigent circumstances." What Are Exigent Circumstances? Texas courts detail three situations that can be considered under exigent circumstances: To prevent the destruction of evidence or contraband To render assistance to a person believed to be in danger To protect the officers from a person inside the home believed to be armed and dangerous So, there are three situations in which an officer can enter a home: the owner gives the police permission to enter, the police have a warrant, or the police believe there are exigent circumstances. Even those who have absolutely nothing to hide should never invite the police into their home unless they have a warrant. If the police try to muscle their way in, never resist or run; people who do often end up injured or dead. Contact a Denton County, TX Criminal Defense Attorney If you are the victim of an illegal search and seizure, you need a Cooke County, TX criminal defense attorney who will advocate strongly for your rights. An attorney from Magaña & Van Dyke can ensure you receive a vigorous, thorough defense for any criminal charges you are facing. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol