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Texas Child Pornography Laws vs. Federal Charges: What You Need to Know
Child pornography is one of those crimes that can be charged at the state or federal level. These prosecution venues also aren’t mutually exclusive: an arrest by Texas state authorities doesn’t prevent a federal indictment, and both sovereigns can pursue charges independently for the same alleged offense through the dual-sovereignty doctrine. In cases involving possession
The Anatomy of False Sexual Assault Allegations: Common Motives and Warning Signs
Allegations of sexual assault carry enormous weight. They can upend lives, destroy reputations, and lead to grave legal consequences. At the same time, sexual assault is a very real and deeply traumatic crime. Genuine victims deserve to be taken seriously, treated with dignity, and protected by the justice system. Any meaningful discussion of false sexual
Preserving Error for Appeal: How Trial Attorneys Must Protect Your Appellate Rights
Many people assume that if something goes wrong in a criminal trial, an appellate court will automatically step in and correct the mistake. In reality, Texas appellate courts do not retry cases, reweigh evidence, or search the record for possible errors. They review only those issues that were properly preserved during the trial itself, based
Understanding Texas Sexual Assault Laws: What Constitutes Sexual Assault vs. Aggravated Sexual Assault
Although their names are similar, Texas law treats sexual assault and aggravated sexual assault as two distinct crimes. The former, referenced in Texas Penal Code §22.011, involves non-consensual sexual contact or penetration while the latter takes that same conduct and adds aggravating factors like an underage victim, use of a weapon, and serious bodily harm.
What Is the Age of Consent in Texas?
In Texas, the age of consent sets the legal threshold for when a person can agree to sexual activity. If someone is below that threshold, the Texas Penal Code treats the encounter as a crime regardless of what either party believed. Criminal charges arising from this law can lead to prison time, inclusion in the
How Your Social Media May Affect Your Case
With over 5.22 billion social media users worldwide, there’s no question that TikTok, Instagram, Facebook, and other social platforms are part of our daily lives. Whether we want to share opinions, news, or photos, we automatically go online and click ‘post.’ This transparency comes with risks, however. For those facing serious accusations, such as a
Why “New Evidence” is Critical for Texas Criminal Appeals
In the Texas criminal justice system, introducing new evidence can be a game changer. However, unlike a direct appeal which is limited to the evidence or issues preserved by trial counsel at the trial itself, new evidence may only be offered a motion for new trial or in a post conviction writ of habeas corpus.
Grounds for an Appeal in San Antonio Criminal Cases
A key aspect of the Texas judicial system, the criminal appeals process gives defendants a way to challenge their conviction and/or sentence. It is important to note that an appeal is not a trial, but a review process where a higher court examines the proceedings of the lower court to identify any legal errors that
What Happens If You Lose a Criminal Appeal in Texas?
If you’ve been convicted of a crime in Texas, you have the option of appealing that verdict to a higher court, provided that you did not waive that right in some manner, normally as the result of a plea bargain . In reviewing your case, the appellate court may opt to reverse or modify the
Reclaiming Your Life: Finding Support and Counseling Resources in Texas After an Unjust Sex Crime Allegation
At some point in your life, you’ve probably been accused of something you didn’t do. The sibling who blames their transgressions on you. The boss who refused to believe that you wrote that report yourself. Although upsetting, these incidents pale in comparison to an unjust sex crime allegation. Although false reporting of sex crimes is
