Fort Worth Criminal Defense Lawyers

The state of Texas is tough on crime, especially in Tarrant County. If you are arrested in or around Fort Worth, you can be sure that law enforcement officials and prosecutors will do everything in their power to secure a conviction and punish you to the full extent of the law. Depending on the specific crime or crimes you are charged with, this could mean facing years in prison, county jail time, high fines, the loss of professional licenses, restrictions on your voting rights, and losing the right to own or possess a gun.

The consequences do not stop there either. A criminal conviction may mean the loss of your job. It can tear your family apart. It can destroy your reputation and your ability to live a normal life – even after you have paid your debt to society.

Many people think it is not worth fighting less serious charges, but this is a mistake. Even a Class B misdemeanor conviction can have serious negative consequences that make your life harder. Moreover, if you ever find yourself on the wrong side of the law again, having a previous conviction on your record – “minor” or not – will likely mean facing additional penalties.

You need criminal attorneys on your side who understand how things work in Tarrant County and know how to mount an aggressive defense. Someone who has the experience and skill needed to give you the best chance at a positive outcome and who will give you the attention you need and deserve. Because you are not just a case – you are a person.

Our team of attorneys is experienced in everything from Public Intoxication to Murder. We have handled thousands of cases, including assault, domestic violence, drug charges, and theft offenses. While we manage every type of criminal offense, we get a lot of calls regarding someone learning that they have a warrant out for their arrest or a detective or investigator is calling them, and they do not know what to do. Hopefully, the information below will give you a better understanding of the process and what to expect.

Has a Fort Worth or Tarrant County Detective Called You?

If you have received a phone call from a Fort Worth or Tarrant County detective, you need to speak to an experienced and aggressive criminal defense attorney who can guide you through this process while protecting your rights.

When a detective calls you, they may want you to answer questions regarding an incident you know nothing about. Should you speak to them? Always examine the cost-benefit analysis of your decision with a dedicated criminal defense lawyer first.

What could happen if you allow the investigator to interrogate you?

First and foremost, please understand that everything you say, even the most innocent statements, will be used against you. It is very tempting to believe that a detective will allow you to tell your story and then reach a conclusion that allows you to return home without concerns. Unfortunately, this almost never happens. On the contrary, if a detective asks for a meeting to discuss allegations, there is a high probability that they have gathered evidence sufficient to make them believe you have committed a crime.

Most detectives are trained to make you feel like they are on your side and that you have nothing to fear. They want you to believe that they will drop the investigation if you are transparent with them. You should expect to be recorded and interrogated if you speak to the detective.

Remember, EVERYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU! It is not just what you say that can be used against you. It is also what you do not say! What if the detective asks you questions, and you do not respond like they think you should? They could easily report that you seemed nervous or evasive and that they believe this is a sign that you are guilty. What if you are 100% innocent of the charges, and you attempt to persuade the detective with evidence of an alibi or other exculpatory evidence? Can you really trust that the detective will write down your explanation accurately? Can you trust that the detective will not twist and manipulate the explanation to make it appear you were confessing to a crime?

A criminal interrogation involves the detective asking closed-ended questions requiring a yes or no answer. Many of these questions will start with the detective reminding you that they already know what happened and that it will only get better for you if you tell them what they already know. This is a tactic that detectives are trained to use to make you feel like you have no other choice. If you answer these unfair questions, it will be used to establish probable cause to obtain an arrest warrant and criminal charges.

What Can A Criminal Attorney Do For You If You Received A Call From A Detective?

Hiring an experienced and aggressive criminal defense attorney is the smartest thing you can do if you have received a phone call from a detective. Why? As we have already discussed, if you do the talking, the detective will twist your statements and use them against you. If you exercise your Sixth Amendment right under the U.S. Constitution to hire an attorney, your criminal lawyer can convey all the answers to the detective’s questions while protecting you from those answers being used against you. Everything a criminal defense lawyer says to the detective is hearsay and inadmissible in court.

What if there was no evidence to establish probable cause, and the detective is only trying to get you to say something to get you arrested? Your criminal lawyer can protect you from being wrongfully arrested by acting as a firewall between you and the detective to ensure the detective will have to develop probable cause only from the evidence they have collected.

Will hiring a criminal attorney make you look guilty to the detective? No!! Who cares what the detective thinks? You have a constitutional right to hire a lawyer to help you. In fact, if the detective starts interrogating you, the easy way to deal with the situation is to blame your criminal lawyer. Tell the detective you are more than willing to answer their questions, but your criminal defense attorney was adamant that they be present and manage the process. By blaming your lawyer, you appear to be cooperative while exercising your constitutional right to counsel.

Is There a Warrant For Your Arrest? What Can You Do?

Has a Fort Worth or Tarrant County detective called you and informed you that you have an active warrant for your arrest? You need to immediately contact a Fort Worth criminal defense attorney to develop a plan to keep you out of jail or minimize the time you will be in jail to process the warrant.

You have two options to clear your criminal arrest warrant in Fort Worth:

1. Schedule a time to turn yourself in at the Tarrant County Jail at 100 North Lamar Street, and be prepared to post your bond after booking. In this scenario, you should be prepared to turn yourself in on a weekday, ideally, as early in the morning as possible. Your criminal defense lawyer should be able to contact your detective to determine the exact charge and recommended bond amount. At this point, you can coordinate your bond arrangement with a trusted bondsman that your criminal defense attorney can help you with so that you know that you will be released from jail.

1. Contact a Fort Worth criminal defense attorney with a surety with Tarrant County and request a possible waiver of magistrate or “walk through.” Under this option, rather than paying a bondsman for a bond, you only pay your criminal attorney to post your bond, and you do not waste money by having to pay twice. Additionally, you shield yourself from an unsavory bondsman who may place onerous conditions of reporting and check-ins that could jeopardize your freedom if there are small communication problems. How does this work? You can only qualify for this option if your detective issued a warrant with a set bond amount instead of a recommended bond. A recommended bond will require your criminal defense lawyer to contact the detective to obtain the arrest warrant affidavit to submit to a Tarrant County magistrate to determine if the magistrate will allow you to process a walk-through. However, if you have a set bond, you can meet your criminal attorney at the Tarrant County jail, and you can process your active warrant without having to go to jail (this assumes your offense is a qualifying offense. Basically, it must not be a sex-based or domestic violence-based crime).

What if your friend or loved one was arrested and already in the Tarrant County jail? You still have the option to contact a local bondsman and have them post the bond, or you can contact Fulgham Hampton Criminal Defense Attorneys, and we can help you in several ways. Is the bond set for your friend or loved one too high? If so, we can file a motion to set a reasonable bond and request an immediate hearing to try to save you money by not having to pay a high fee for posting an unreasonably high bond. Additionally, if your friend or loved one needs to be bonded out and you do not want to have to pay both a bondsman and an attorney, we may be able to assist you with paying the bond for your friend or family member.

Upon completing your book-in and book-out process, what happens next? In Fort Worth, you can expect that the Tarrant County District Attorney’s Office will file the criminal case, and you will receive an initial appearance court date.

There are only two primary purposes for an initial appearance court date: to determine if you are hiring a criminal attorney and to determine if you need additional bond conditions. If you have retained a criminal attorney before your court date, there is a good chance your criminal defense attorney can have you excused from this court date. However, if the court believes that your criminal offense is serious enough that you need additional bond conditions, your criminal lawyer can be present to argue that the bond conditions may be too restrictive or unreasonable.

After completing your Initial Appearance, we must determine if your charge is a misdemeanor or felony crime. Misdemeanor crimes follow a very different process and procedure compared to felony charges. For instance, misdemeanor crimes will be immediately staffed to one of the county criminal courts and scheduled for a court date to begin negotiations. Your misdemeanor criminal attorney needs to get access to your police reports and videos and share the nature of the charges and evidence with you as soon as possible so that you can partner together to begin preparing a defense strategy.

For instance, in Tarrant County, the average time to resolve a misdemeanor case can range from three months to twelve months, depending upon the nature of the crime and if an alleged victim is involved. Misdemeanor crimes carry a punishment range of up to one year in county jail and up to a $4,000 fine. If you are a first-time offender, it is critical that you do not receive a misdemeanor conviction on your criminal record.

If you are facing a felony charge in Fort Worth or surrounding cities in Tarrant County, Texas, it is important that you have a strategy for your defense because felony crimes carry the possibility of hefty fines and a prison sentence. Felony crimes in Texas follow a different path than misdemeanors. After being released from jail on a felony case, the next step is for the Tarrant County District Attorneys’ Office to file the felony case and staff it to a Grand Jury attorney.

The Grand Jury is a panel of citizens tasked with the responsibility of reviewing every felony case to determine whether probable cause exists. In fact, Texas criminal law requires that a grand jury indict every felony in Texas. A grand jury attorney with the prosecutor’s office is responsible for presenting approximately forty felony cases per week to a grand jury for authorization for indictment.

So, how can a criminal defense attorney help with the grand jury process? If you do not hire a criminal attorney, the grand jury will only hear one side of the story presented by the grand jury attorney with the prosecutor’s office. In this situation, the grand jury will only hear a one-sided perspective and most felony cases are "true billed" and indicted by the grand jury and staffed with a felony district court. However, if you retain an experienced and aggressive criminal defense law firm like the Fulgham Hampton Criminal Defense Attorneys, we can request an opportunity to present evidence to the grand jury to reduce or dismiss your felony case.

The grand jury has three options when hearing felony cases:

1. True Bill the felony case. This is the same as approving an indictment. Essentially, the grand jury found sufficient evidence to establish probable cause for the felony case.

1. Reduction of the charges to a lesser misdemeanor offense. Under this scenario, the grand jury reviewed the evidence and determined that a lesser misdemeanor offense was more appropriate. In this situation, the felony case is dropped, and a new misdemeanor case is staffed with a county criminal court, and a docket schedule is created.

1. No Bill. This is the goal when making a presentation to a grand jury. By obtaining a No Bill, you have received the equivalent of a case dismissal, and your fight to exonerate your name is over. In fact, if your felony case is no-billed by a grand jury, you will be eligible, after the expiration of the statute of limitations, to have your criminal record expunged.

If your misdemeanor or felony case proceeds further with subsequent court dates, you can count on Fulgham Hampton Criminal Defense Attorneys to meet some very specific goals for every client we represent:

We seek to keep you out of jail

Our goal for every client we represent is to ensure you maintain your freedom. Whether it is a first-offense DWI or a felony case where you have several prior convictions on your criminal record, we seek to negotiate a resolution to your criminal case that provides you with options to stay out of jail or prison.

This is important because far too many criminal attorneys quickly give up when their client is facing a prison offer. We understand that maintaining your freedom is one of your top priorities, and we take this very seriously at the Fulgham Hampton Criminal Defense Attorneys.

We seek to get your criminal case dismissed

One of the top goals of the Fulgham Hampton Criminal Defense Attorneys is to prevent our clients from being convicted of a crime, regardless of whether it is a felony or misdemeanor offense. Being convicted of a crime can come with devastating consequences for your life.

If you receive a felony conviction, you could find it very difficult to maintain or find employment. You could also lose the right to vote, the right to serve on a jury panel, and the right to hold certain occupational licenses (nurse, doctor, lawyer, etc.).

We understand that you must take care of your family and protect your good name, and we will work tirelessly to resolve your criminal case in a manner that prevents you from being convicted of the crime.

We seek to clear your criminal record

Maintaining your freedom and preventing a criminal conviction is essential. At Fulgham Hampton Criminal Defense Attorneys, we can help clear your criminal record so that you can say that you have never been in trouble for a crime. This is especially important for first-time offenders.

There are two ways to clear your criminal record: expunction and non-disclosure.

Expunction allows you to have your criminal record destroyed, and you are permitted to deny that the arrest or charges ever took place. To qualify for an expunction, you must have had your criminal case resolved by either a dismissal, no bill by a grand jury, dropped to a Class C misdemeanor deferred, or a not guilty verdict by a jury at a criminal trial.

Another option to clear your criminal record is a non-disclosure. A non-disclosure is a way to clear your criminal record by sealing your arrest and criminal case records. To qualify for non-disclosure, you must have received a deferred adjudication for a qualifying criminal offense and successfully completed your deferred adjudication.

After the required statute of limitations has passed, your criminal defense attorney can file documents to approve these methods. To qualify for these options, you need a criminal defense lawyer who knows these rules and can negotiate a result on your criminal case that allows you to take advantage of these options to clear your criminal record.

At Fulgham Hampton Criminal Defense Attorneys, our team of Former Prosecutors with over 85 years of criminal law experience and over 550 criminal jury trials handle every type of felony and misdemeanor case under Texas criminal law. Although this list only reflects a small number of crimes we service, here are a few common crimes we handle in the North Texas area.

Domestic Violence Crimes In Fort Worth, Texas

One of the most common crimes our office handles is the crime of domestic violence. Under Texas domestic violence laws, the crime of domestic violence can involve the following charges:

1. Assault Bodily Injury – Family Member: according to Texas law, if the State of Texas can prove beyond a reasonable doubt that you intentionally or knowingly contacted a family member and that physical contact caused “bodily injury” or pain, you could be facing a Class A Misdemeanor, punishable by up to one year in the county jail and up to a $4,000 fine.

1. Assault Bodily Injury – Family Member with prior – if the prosecutor can prove beyond a reasonable doubt that you intentionally or knowingly contacted a family member, the physical contact caused physical pain, and you have a prior conviction or deferred adjudication for a previous domestic violence crime, you could be facing a 3rd Degree Felony, punishable by up to ten years in prison and up to a $10,000 fine.

1. Assault Impeding Breath of a Family Member – the State of Texas will be required to prove beyond a reasonable doubt that you intentionally or knowingly contacted a family member in a manner that impeded their breath. Some people refer to this crime as Assault by Choking. If the prosecutor can meet their burden of proof, you could face a third-degree felony, punishable by up to ten years in prison and up to a $10,000 fine.

1. Aggravated Assault of a Family Member – if it can be proven beyond a reasonable doubt that you contacted a family member and caused “serious bodily injury,” or a deadly weapon was used in the commission of the assault that placed the family member in fear of imminent serious bodily injury or death, you could be facing a 2nd Degree Felony, punishable by up to twenty years in prison and up to a $10,000 fine.

1. Terroristic Threat of a Family Member – if you are facing this charge, the prosecutor will be required to prove that you threatened to commit an offense involving violence against a family member/dating relationship and that threat placed the alleged victim in fear of imminent serious bodily injury. Terroristic Threat of a Family Member is a Class A Misdemeanor, punishable by up to one year in county jail and up to a $4,000 fine.

1. Continuous Violence Against the Family – under Texas Penal Code, Section 25.11, the state of Texas will be required to prove beyond a reasonable doubt that you committed two or more domestic violence assaults within a one-year period. As mentioned above, assault bodily injury-family member is committed if you intentionally or knowingly cause bodily injury to another who is a family member or in a dating relationship. Additionally, in a strange twist, Texas Domestic Violence laws state that the separate incidents of domestic violence do not have to be the same alleged victim. The conduct can be directed at a different person as long as they meet the definition of a family member under Texas law.

1. Violation of a Protective Order – if you have been arrested for domestic violence in Texas, there is a very good chance you were given a protective order prohibiting you from contacting the alleged victim. Texas Penal Code § 25.07 states that a person commits a violation of a protection order by intentionally or knowingly:

• Committing family violence or an act in furtherance of an offense of trafficking, sexual assault, indecent assault, sexual abuse, or stalking;
• Communicating directly with a protected individual or a member of the family or household in a threatening or harassing manner;
• Communicating a threat through any person to a protected individual or a member of the family or household;
• Communicating in any manner with the protected individual or a member of the family or household as prohibited by the order;
• Going to or near any of the following places as specifically described in the order or condition of the bond;
• Possessing a firearm;
• Harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal possessed by a person protected by the order; or
• Removing or tampering with the normal functioning of a global positioning monitoring system.

If the prosecutor is able to prove the elements of violation of a protective order beyond a reasonable doubt, you could be facing a Class A Misdemeanor, punishable by up to one year in county jail and up to a $4,000 fine.

1. Violation of a Protective Order: two or more times within twelve months – if the prosecutor can prove it that you violated a valid protective order two or more times in a twelve-month period, you could be facing a third-degree felony charge, punishable by up to ten years in prison and up to a $10,000 fine.

1. Assault By Contact – Family Member – Texas assault law requires that in order to be found guilty of the crime of Assault by Contact – Family Member, it must be shown that you intentionally or knowingly contacted a family member, and the contact was “offensive.” Obviously, this is a subjective standard and may be difficult for the prosecutor to prove when there are no visible injuries. If the prosecutor is able to prove this crime, you would be facing a Class C Misdemeanor, punishable by a fine only of up to $500.

Legal Defenses To Domestic Violence

Fulgham Hampton Criminal Defense Attorneys has handled thousands of domestic violence cases over the past decades, and we have had the experience and knowledge to determine what techniques have been successful in mounting a winning defense to the crime of domestic violence.

If you, a friend, or a loved one is facing a domestic violence charge in Fort Worth or in a surrounding city in Tarrant County, Texas, you need to hire a criminal defense law firm that has a proven track record of dismissals and no bills on domestic violence cases in Fort Worth. Our team of former prosecutors has handled hundreds of domestic violence cases and helped hundreds of clients get their domestic violence cases dismissed and cleared from their criminal records.

Part of how our criminal law firm has been able to obtain favorable results on domestic violence cases has been our ability to craft an effective legal defense to the crime of domestic violence. Let us examine a few common defenses:

The State of Texas Cannot Prove “Bodily Injury”

Other than Violation of Protective Order, all domestic violence offenses require the State of Texas to prove beyond a reasonable doubt that the accused contacted the alleged victim and the contact caused “bodily injury.” Bodily injury is defined under Texas criminal law as “pain.”

One of the most common questions I receive is – “what if there are no visible injuries to the victim?” Is proof of visible injuries required to prove bodily injury? Technically, no. The word of the alleged victim can be sufficient to prove the crime if the jury believes the alleged victim beyond a reasonable doubt. However, the best criminal defense attorneys in Fort Worth know that lack of visible injuries provides a strong argument that there is reasonable doubt regarding whether a domestic violence assault occurred. Lack of visible injuries can provide leverage in negotiations for your criminal attorney to negotiate a resolution that allows you to have your domestic violence case dismissed and expunged from your criminal record.

The State of Texas Cannot Prove Criminal Intent

What if there are visible injuries? Even if there is proof of injury, the State of Texas will be required to prove beyond a reasonable doubt that the accused acted intentionally or knowingly in the contact that led to the bodily injury. For example, what if the accused was angry and walked away from their family member and slammed the door behind him, not knowing his family member was following after him? As a result of slamming the door, it hit the alleged victim in the face, causing a bloody nose. Can the prosecutor prove criminal intent? Under this example, no. There is a big difference between an injury that occurs accidentally and an intentional act that leads to an injury. It is never your burden to prove the elements of domestic violence. The burden of proof always rests on the prosecutor.

Self Defense

What if you did act intentionally or knowingly and caused an injury to the alleged victim, but you did so in self-defense? Under Texas criminal law, self-defense is an affirmative defense. This means that you are required to admit to the conduct that you are charged with but that you had a legal reason to act in the manner you did that made your conduct lawful. The legal principle of self-defense has always been a part of the U.S. and Texas criminal justice system. Every human has a right to defend himself or herself from the violent actions of another.

The primary disagreement between a prosecutor and criminal defense attorney on the issue of self-defense is usually over whether the accused's actions were reasonable under the circumstances.

For example, what if your spouse has hit you in the past, and you see that your spouse is acting aggressively toward you and threatening you in a manner that puts you in fear of serious bodily injury or death? Because of your fear of being injured, you preemptively strike back, pulling a gun on your spouse and threatening to shoot them if they do not leave you alone. Are you guilty of the crime of aggravated assault of a family member, or were you justified in using force in self-defense?

This issue arises all the time, which is why it is critical to hire an experienced and aggressive Fort Worth criminal defense attorney who can present evidence to a grand jury to show why your actions were justifiable under the law. By making the grand jury presentation, you improve your odds of getting your felony domestic violence charge dismissed.

Affidavit of Non-Prosecution

Technically, this is not a defense. However, if the alleged victim is willing to provide an affidavit of non-prosecution that clears up the facts behind what happened and reasonable doubt is created regarding the crime, your criminal defense lawyer may be able to use the affidavit to get your case dismissed or lower to a lesser misdemeanor charge.

Drug Crimes In Fort Worth, Texas

If you are facing a drug charge in Fort Worth, Texas, it is critical that you hire an experienced and aggressive criminal defense attorney to protect your freedom and your future. Fulgham Hampton Criminal Defense Attorneys services all types of Texas drug cases, but let us examine a few that are common:

1. Possession of Marijuana – under current Texas drug laws, possession of marijuana remains illegal. The State of Texas must prove that you intentionally or knowingly exercised care, custody, or control over the drug in order to convict you. The primary factor regarding whether the charge will be filed as a misdemeanor or felony drug charge is the weight of the marijuana. If the weight of the marijuana at the lab is less than four ounces, the charge will be filed as a misdemeanor possession of marijuana, punishable by up to 1 year in the county jail and up to a $4,000 fine. If you are a first-time offender and have hired an experienced and aggressive drug possession attorney, there is a good chance your lawyer can negotiate a resolution to have your misdemeanor marijuana charge dismissed. If you are facing a felony marijuana possession charge, you need a criminal attorney willing to tear apart the evidence and attempt to locate reasonable doubt to provide you the maximum leverage in your negotiations with the prosecutor.
2. Possession of a Dangerous Drug – a dangerous drug under Texas drug laws is a substance ordinarily prescribed by a medical professional that is not listed as a controlled substance under Texas law and provides a warning label. More specifically, dangerous drugs are usually the more common drugs that people take for conditions: sleep aids, antibiotics, anti-depressants, or anti-anxiety medications. The State of Texas must prove that you intentionally or knowingly exercised care, custody, or control over a dangerous drug for which you did not have a prescription. If the amount of the drug is under twenty-eight grams, the charge will be a Class A Misdemeanor, punishable by up to 1 year in the county jail and up to a $4,000 fine. If the weight of the drug is over twenty-eight grams, you could be looking at a felony drug charge, punishable by prison time and fines.
3. Possession of a Controlled Substance under one gram – if the State of Texas can prove beyond a reasonable doubt that you intentionally or knowingly exercised care, custody, or control over a controlled substance that weighs under one gram, you could be facing a State Jail Felony conviction with a punishment range of up to 2 years in prison and up to a $10,000 fine. The most common substances associated with this crime are heroin, methamphetamine, and cocaine.
4. Possession of a Controlled Substance 1 – 4 grams – if the prosecutor can prove that you possessed a controlled substance that weighs more than one gram but less than four grams, you could be looking at a third-degree felony, punishable by up to 10 years in prison and up to a $10,000 fine.
5. Possession of a Controlled Substance 4 – 200 grams – if the government can prove beyond a reasonable doubt that you exercised care, custody, or control over a controlled substance that weighed more than four grams but less than two hundred grams, you could be looking at a second-degree felony, punishable by up to 20 years in prison and up to a $10,000 fine.
6. Possession of a Controlled Substance 200 – 400 grams – if the State of Texas can prove that you intentionally or knowingly exercised care, custody, or control of a controlled substance that weighed more than two hundred grams but less than four hundred grams, you will be charged with a first-degree felony drug charge, punishable by up to life in prison and up to a $10,000 fine.
7. Possession of a Controlled Substance over 400 grams – finally, if the prosecutor can establish that you intentionally or knowingly possessed a controlled substance weighing over four hundred grams, you could be looking at a felony drug charge with a minimum prison sentence of 10 years up to life in prison and up to a $50,000 fine.

Legal Defenses To Drug Crimes

If you are facing a drug charge in Fort Worth, Texas, or a surrounding city in Tarrant County, Texas, it is critical to not only hire the best drug attorney to handle your case but it is also important to examine the most effective legal defense to drug crimes.

Illegal Search

The best drug possession attorneys know that one of the first issues to consider when preparing an effective defense is determining if the search was legal. If the search was based upon a warrant, your criminal attorney needs to thoroughly examine the four corners of the warrant to determine if there is sufficient probable cause to justify the search. Additionally, did the drug officers abide by the parameters of the warrant? There is a strong argument for an illegal search if they searched in an area not identified in the warrant. If the search was illegal, then under criminal law precedent, all evidence obtained as a result of the search warrant is inadmissible in a trial.

What if the search was the basis of a traffic stop? Did the police officer have a legal reason to pull you over? Did they only pull you over based on a hunch? The police must establish reasonable suspicion to pull you over for a traffic stop, and they must also establish probable cause to establish a reason to search your vehicle. Failure to meet these standards can lead to a dismissal of your drug charges in Texas.

Criminal Intent Can Not Be Proven

If you are facing a drug possession charge in Texas, it is important to understand that the prosecutor will be required to prove that you intentionally or knowingly exercised care, custody, or control over the illegal drug. Merely being at a crime scene is insufficient to prove criminal intent.

For example, being in a car where drugs are found does not necessarily mean you were in possession of the drugs. If you had no idea the drugs were in the car, you are not criminally liable. The challenge in this situation is that the police and the prosecutor will always believe you had criminal intent.

As a result, the best criminal attorneys look for evidence establishing reasonable doubts regarding criminal intent. If drugs are found under a front passenger seat and you are sitting in the back seat, your criminal lawyer needs to make the case to the grand jury that the drugs were not within your wingspan of reach and there is no independent evidence establishing you had intent or knowledge.

Possession Can Not Be Proven

Every prosecutor in Texas is required to prove that you exercised care, custody, or control over a drug in order to convict on a drug possession charge. If you did not exercise care, custody, or control, the prosecutor will be required to dismiss your drug case.

Being charged with a drug crime in Texas is serious business. You need to hire the best Fort Worth criminal defense attorney to analyze your case facts and determine your criminal defense. The search warrant was illegal? The traffic stop was illegal? The drug dog violated your constitutional rights. Your criminal defense lawyer must sit with you, analyze your facts, and prepare a winning defense.

DWI In Fort Worth, Texas

Have you been arrested for a DWI in Fort Worth or a surrounding city in Tarrant County, Texas? Being arrested for a DWI is a serious issue. You have to manage both your driver’s license suspension and the potential ramifications if you are convicted of driving while intoxicated.

It is critical that you find the best DWI attorney in Fort Worth to help you navigate your DWI case. At Fulgham Hampton Criminal Defense Attorneys, our team of Former Prosecutors have over 85 years of criminal law experience and have taken over 500 DWI cases to a jury trial with impressive results for our clients. Our team of DWI attorneys can answer your questions and protect your rights to ensure you are treated fairly in court.

Upon being arrested for a DWI in Fort Worth or Tarrant County, Texas, your first thought should be whether your driver’s license will be suspended. You should have received a Temporary Driving Permit as part of your arrest paperwork. This document takes the place of your Texas driver’s license which was probably confiscated at the time of your arrest.

At the bottom of this document, you will notice wording that says you have 15 days from the date of your arrest to request an administrative license revocation hearing. Failure to make the request for this hearing within 15 days will result in a suspension of your driver’s license 40 days after your arrest. Hire an experienced DWI lawyer to make your license hearing request. This will allow you to access the evidence the Texas Department of Public Safety is relying upon to suspend your driver’s license.

Your DWI attorney can analyze this evidence and look for the following: did the police have a legal basis to pull over your vehicle and arrest you? If not, you will prevail at your hearing and maintain your license. Also, your DWI lawyer can look to see if your blood alcohol level was over the legal limit. If your blood alcohol level was less than .08, you should prevail at your license hearing.

When analyzing a DWI case, the seriousness of the punishment range is dictated by whether you are a first-time offender and whether someone was seriously injured or killed as a result of driving while intoxicated.

1. First Offender DWI – the State of Texas will be required to prove that you operated a motor vehicle in a public place while intoxicated. “Operated a motor vehicle” does not necessarily mean you had to be driving. Texas DWI law says you must be operating the vehicle, so if the car was in drive but not moving, you can still be charged with DWI under Texas law.

Intoxication is defined under Texas DWI law as not having the normal use of your mental or physical faculties because of the introduction of alcohol or drugs into your body or having a blood alcohol concentration of .08 or higher at the time of driving. First Offender DWI cases are filed as a Class B Misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.

1. DWI over .15 blood alcohol level – if this is the first time you, a friend, or a loved one has been arrested for a DWI and your blood alcohol testing comes back with a blood alcohol concentration higher than .15, you will be charged with a Class A Misdemeanor, punishable by up to 1 year in county jail and up to a $4,000 fine.

The State of Texas is required to prove beyond a reasonable doubt the normal elements of a DWI, as listed above, in addition to proving that your blood alcohol level was over .15 at the time of driving. Failure to prove the element of over .15 will result in the charge being lowered to a Class B Misdemeanor.

1. DWI 2nd – have you been previously convicted of a DWI in Texas or another state and are now facing a new DWI charge? If so, you will be charged with DWI – Misdemeanor Repetition, a Class A Misdemeanor, punishable by a jail sentence of up to 1 year in the county jail and a fine not to exceed $4,000.

If the prosecutor cannot obtain proof of your judgment and sentence or adequate proof of your first DWI conviction, they will be forced to drop the charge to a lesser offense of a First Offender DWI. Your DWI lawyer should look into this issue because it is the quickest way to save you from the consequences of a second DWI.

The biggest consequence of a DWI 2nd conviction is the jail time requirement, even if you receive a probated sentence. As such, your DWI lawyer should do everything possible to avoid a DWI 2nd

1. DWI with a child under 15 years of age – if the State of Texas can prove beyond a reasonable doubt that you were operating a motor vehicle in a public place while intoxicated with a child under 15 years of age in the car, you will be facing a State Jail Felony charge, punishable by a prison sentence of up to 2 years and a fine not to exceed $10,000.

This charge can be most damaging to a first-time offender because they are facing a felony charge for a DWI case. We have represented many clients that the evidence was questionable as to the intoxication element of the crime.

Your criminal attorney must fight and push the case as far as necessary in order to attempt to avoid a conviction for DWI with a child under 15 years of age. A conviction will result in you becoming a convicted felon and losing your voting rights and gun rights. There is too much at stake to work with anyone other than the best DWI attorneys in Fort Worth.

1. DWI 3rd or more – if the prosecutor can prove beyond a reasonable doubt that you were operating a motor vehicle in a public place while intoxicated and you have two or more prior DWI convictions, you will be facing a third-degree felony charge, punishable by a prison sentence of up to 10 years and a fine not to exceed $10,000.

It is common for Tarrant County prosecutors to demand a prison sentence or unreasonable probation offer that sets up the client for failure. It is critical that your attorney look for every angle to get your felony DWI case dismissed or no-billed by a grand jury. Otherwise, punishment for felony DWI crimes in North Texas can be disproportionately unfair relative to other crimes.

1. Intoxication Assault – under Texas Penal Code, Section 49.07, the State of Texas will be required to prove beyond a reasonable doubt that you caused serious bodily injury to another while operating a vehicle in a public place while intoxicated; or while operating an aircraft, watercraft, or amusement ride while intoxicated; or as a result of assembling an amusement ride while intoxicated.

What does “serious bodily injury” mean? Under Texas criminal law, serious bodily injury is defined as an injury that leads to a substantial loss of use or permanent loss of use of a bodily member or organ. For example, if someone is driving while intoxicated and a car accident occurs that leads to someone becoming crippled, you will be facing a charge of intoxication assault, a third-degree felony, punishable by a prison sentence of not more than 10 years and a fine not to exceed $10,000.

1. Intoxication Manslaughter – if the prosecutor can prove beyond a reasonable doubt that you caused the death of another person while committing the act of driving while intoxicated, you will be charged with a second-degree felony Intoxication Manslaughter, punishable by a prison sentence of up to 20 years and a fine not to exceed $10,000.

Causation is one of the most significant issues that arises in defending an intoxication manslaughter case. Can the prosecutor prove that intoxication caused the death of another person?

If the accident could have happened regardless of intoxication, the charge could be lowered to a Class B Misdemeanor DWI charge. If you are convicted of intoxication manslaughter, you could face prison time, a driver’s license surcharge fee of up to $2,000 a year for up to 3 years, or a probated sentence that requires a minimum of 120 days in county jail as part of the plea.

Intoxication manslaughter is the most serious DWI crime you can face, so you need to find a team of DWI attorneys ready to protect your freedom and your future.

If you have been arrested for a DWI in Fort Worth or a city in Tarrant County, Texas, you have three main priorities: (1) hire the best DWI attorney to ensure that you have the best chance to dismiss your DWI case, (2) preserve your right to a license hearing by making the request within 15 days of your arrest and (3) educate yourself on Texas DWI law and the possible defenses available to you in court. Let us examine a few of those defenses:

State Cannot Prove “Operating”

Did a police officer approach you on a DWI stop, and you were not driving the car? Were you already parked? Did the officer try to get you to admit you had been driving? The DWI officer would ask you these questions because he knows that the prosecution must prove the element of operating a vehicle beyond a reasonable doubt at a DWI trial.

“Operating” a vehicle is a fact issue that a jury can decide at a trial. In other words, if the prosecutor believes they can legally establish that you were operating a vehicle, it may not matter if your DWI attorney can convince a jury that you were doing the right thing by not driving.

For example, we represented a client arrested for DWI in downtown Fort Worth, Texas. He was parked legally in a parking space but his truck was running so he could have air conditioning because it was hot in August. He was doing the responsible thing by calling an Uber to pick him up and take him home, but he waited for the Uber to come by sitting in his truck with air conditioning. In fact, the Uber driver arrived to take him home while the DWI officers were questioning him.

During negotiations, the Tarrant County prosecutor continued to argue that they could “legally” establish that our client had operated the motor vehicle. However, we took the case to a jury trial and showed that our client was doing exactly what a responsible citizen should do when drunk. He chose not to drive. As a result of our arguments, the jury agreed with us and found him not guilty of DWI.

State Cannot Prove Intoxicated At The Time Of Driving

Did your blood draw take place three, four, or five hours after you had been driving? The prosecutor is required to prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated AT THE TIME OF DRIVING. Merely having an elevated blood alcohol level many hours after the stop does not indicate that you were intoxicated at the time of driving.

For example, we represented a client who drove home, and the police arrived to investigate her for DWI, and she had already consumed several shots of liquor during the time she was at home. The officers arrested her and charged her with DWI.

However, at a jury trial, under vigorous cross-examination, the toxicologist had to admit on the witness stand that he could not say with any certainty that she was intoxicated at the time of driving. Why? Her consuming alcohol after being home and completing the act of driving made it possible her high alcohol level was caused by those drinks and not when she was operating a motor vehicle.

Additionally, what if your last drink was 4 hours before you took a blood test? The State of Texas will be required to extrapolate back in time to determine if your blood alcohol level would have been consistent with intoxication at the time of driving. The best DWI attorneys know that blood draws that occur substantially later after driving are less reliable and can provide reasonable doubt in defending a DWI charge.

Theft Crimes In Fort Worth, Texas

According to Texas Crime Statistics, the crime of theft or shoplifting is committed every 41 seconds. Next to drug possession, the crimes of theft and shoplifting are the most common crimes in North Texas. Although theft and shoplifting crimes are common, that does not mean they are not serious.

Facing a conviction for theft or shoplifting in Texas can result in jail time or prison time and fines up to $10,000. Additionally, being labeled a thief with a theft conviction can make it exceedingly difficult to find meaningful employment because many employers will believe they cannot trust you.

Under Texas Penal Code, Section 31.03(a), a person commits the crime of theft if he unlawfully appropriates property with intent to deprive the owner of the property. “Unlawfully appropriate” means to take the property or services without the effective consent of the owner.

Determining whether a theft charge will be filed as a misdemeanor or felony is based solely upon the value of the property alleged to be stolen. Generally speaking, the more expensive the item stolen, the more serious the range of punishment will be in court. Let us look at the values under Texas theft law.

Misdemeanor Theft

1. Theft under $100 – if the value of the property or services alleged to have been stolen is less than $100, you will be facing a Class C Misdemeanor charge for Theft under $100, punishable by a fine only of up to $500. At first glance, the crime of Theft under $100 looks petty, but it is important to realize that if you pay the fine, you will receive a conviction on your criminal record for theft. If you are looking to avoid a conviction, it is important to work with a Fort Worth criminal defense lawyer who has a proven track record of resolving these cases in a manner that allows you to get the charge expunged from your criminal record.
2. Theft $100 - $750 – if the value of the property or services alleged to have been stolen is more than $100 but less than $750, you will be facing a Class B Misdemeanor Theft, punishable by up to 180 days in jail and up to a $2,000 fine. Because this misdemeanor theft charge is an arrestable offense, it is imperative that your criminal attorney negotiate a dismissal or similar resolution that allows you to get the theft arrest and charge expunged from your record.
3. Theft $750 - $2,500 – if the State of Texas can prove beyond a reasonable doubt that the value of the items alleged to have been stolen were more than $750 in value but less than $2,500 in value, you will be facing a Class A Misdemeanor Theft charge, punishable by a jail sentence of not more than 1 year and a fine not to exceed $4,000.

Felony Theft

1. Theft $2,500 - $30,000 – if the prosecutor can prove beyond a reasonable doubt that the value of the items alleged to have been stolen was more than $2,500 but less than $30,000, you will be charged with a State Jail Felony theft, punishable by a prison sentence not less than 180 days but not more than 2 years and a fine not to exceed $10,000.
2. Theft of a Firearm – if it can be proven that a gun was stolen, you will be charged with a State Jail Felony theft of a firearm, punishable by a prison sentence of not less than 180 days but not more than 2 years and a fine not to exceed $10,000. Breaking from normal theft laws in Texas, there is no requirement to prove value on a theft of a firearm charge. The prosecutor must only show that it was an operational firearm. As such, it does not matter if the gun was only worth a few hundred dollars or several thousand dollars. The crime will always be filed as a state jail felony.
3. Theft $30,000 - $150,000 – if the Tarrant County prosecutor can prove beyond a reasonable doubt that the value of the items allegedly stolen was more than $30,000 in value but less than $150,000, you will be charged with third-degree felony theft, punishable by a term in prison of not less than 2 years but not more than 10 years and a fine not to exceed $10,000.
4. Theft $150,000 - $300,000 – if it can be shown at a criminal jury trial that the value of the items allegedly taken was more than $150,000 in value but less than $300,000, you will be charged with third-degree felony theft, punishable by a term in prison not less than two years but not more than ten years and fine not to exceed $10,000.
5. Theft over $300,000 – if the amount of the theft is shown to be over $300,000 in value, you will be facing a first-degree felony theft, punishable by a prison term of not less than five years up to 99 years or life in prison and up to a $10,000 fine.

Legal Defenses To Theft Crimes

Being arrested and charged with theft is a serious matter. It is imperative that you not only hire an experienced and knowledgeable Fort Worth theft lawyer, but you must also analyze Texas theft laws and understand what the State of Texas must prove to convict you and possible defenses that may help you get your theft case dismissed.

You Had Consent To Take The Property

The prosecutor is required to prove beyond a reasonable doubt that you intended to take the property without the owner's effective consent. However, what if you had a reasonable belief that you did have consent to possess the property? What if the owner had allowed you to possess or use the property in the past, which could provide a good faith belief that you had the owner’s consent on this occasion?

We find this happens frequently in employer and employee relationships. During the good times, the employee had full authority to use the property and possess it. However, once the relationship goes sour, the employer starts claiming the employee did not return the work truck or used the company credit card when he was not supposed to; maybe he has tools that he wasn’t given permission to use – all examples of previous situations we have experienced.

If you have previously had consent to possess, take, or use the property, then it may be difficult for the prosecutor to prove beyond a reasonable doubt that you took the property knowing you did not have consent.

You Had No Intent To Deprive The Owner Of The Property

What if you were borrowing the property? What if you had the property and you have evidence establishing that you intended to return the property? In this situation, it is critical that this evidence (text messages, emails, voice mails, etc.) be shared with your criminal defense attorney as soon as possible. If your theft case is a felony, your criminal lawyer can use this evidence to prepare a grand jury packet and possibly have your felony theft case no-billed by a grand jury. If your theft case is a misdemeanor, your lawyer can use this evidence as leverage to negotiate a dismissal of the charges.

Contact Fulgham Hampton Criminal Defense Attorneys

What is the biggest mistake you can make after being arrested for a crime in Fort Worth, Texas? Waiting to hire the best criminal lawyer.

Simply put, the more time your criminal defense attorney has to craft your strategy, the more likely you will end up with a positive outcome. If you delay, you not only give the prosecution more of a head start, but it is possible that you may lose certain kinds of evidence that are time-sensitive.

Do not take that risk. Contact our Fort Worth office right now to set up a free initial consultation. Fulgham Hampton Criminal Defense Attorneys is a team of Former Prosecutors with over 85 years of criminal law experience and over 550 criminal jury trials. Call now (817) 893-6499